HomeMy WebLinkAbout20081212.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1394 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING A CONCRETE AND ASPHALT BATCH PLANT, MATERIALS BLENDING,
IMPORT OF MATERIALS, AND GRAVEL MINING, IN THE A(AGRICULTURAL) ZONE
DISTRICT - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO CONSTRUCTORS,
INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 14th day of
May, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the
application of Zadel Family, LLLP,c/o Northern Colorado Constructors, Inc.,9075 County Road 10,
Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Amended Use by Special
Review Permit #1394 for a Mineral Resource Development Facility, including a Concrete and
Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel Mining, in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
Lots 3, 4, 5, 6, 7, and 12, and part of Lot 11, of the
Lupton Meadows Land Company Subdivision,
together with the former right-of-way of the Denver,
Laramie, and Northwestern Railroad; all being a part
of Section 24, Township 2 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Todd Yee, J and T Consulting, 140 West
122nd Avenue, Suite 120, Westminster, Colorado 80234, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Amended Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinances in effect.
Section 22-5-80.A (CM.Goal 1) states, "Conserve lands which provide
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AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, CIO NORTHERN
COLORADO CONSTRUCTORS, INC.
PAGE 2
valuable natural mineral deposits for potential future use in accordance with
state law." The proposed mine area contains a valuable sand and gravel
deposit, therefore, permitting of this site for this use will ensure that material
is available to meet future needs. Further, Section 22-5-70.A states, "The
County recognizes that mineral resource extraction is an essential industry.
The availability and cost of materials, such as sand and gravel, have an
economic affect on the general construction and highway construction
industry." Permitting of this site for this use will ensure that material is
available. Section 22-5-80.B(CM.Goal 2)states, "Promote the reasonable
and orderly development of mineral resources." The proposed Amended
Use by Special Review(USR)proposes to mine additional lands,as existing
mineral reserves are depleted from the current site(USR-1394). USR-1394
was approved by the Board of County Commissioners on September 24,
2003, for a Mineral Resource Development Facility(dry open pit mining for
sand and gravel) on 102 acres. The proposed amendment includes an
additional 73 acres of adjacent property.
b. Section 23-2-230.8.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.A and 23-3-40.A.4 of the
Weld County Code provide for a Site Specific Development Plan and Use
by Special Review Permit for a Mineral Resource Development Facility,
including a Concrete and Asphalt Batch Plant, Materials Blending, Import of
Materials, and Gravel Mining, in the A (Agricultural) Zone District.
c. Section 23-2-230.8.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Existing land uses surrounding the
property are typically agricultural and rural residential. Additionally, there
are several Use by Special Review Permits approved by the Board of
County Commissioners, including, SUP-426 for a gravel mining operation,
north of the site, USR-1255 for a gravel operation, south of the site, and
USR-986 for an oil and gas facility, east of the site. There are fourteen(14)
property owners within five hundred (500) feet of this proposed
development. Weld County has not received any letters or telephone calls
from surrounding property owners. The site was approved on
September 24, 2003, by the Board of County Commissioners, for a Mineral
Resource Development Facility(dry open pit mining for sand and gravel)on
102 acres, therefore, based on the existing permit and the surrounding
uses,the proposed expansion of the mining operation is compatible with the
existing land uses.
d. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning,and with the future development as projected by Chapter 22
of the Weld County Code and any other applicable code provisions or
ordinances in effect,or the adopted Master Plans of affected municipalities.
The subject property lies within the three-mile referral area of the City of Fort
Lupton, and the Towns of Firestone and Frederick. The City of Fort Lupton
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AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, CIO NORTHERN
COLORADO CONSTRUCTORS, INC.
PAGE 3
returned a referral dated November 30, 2007, stating it had reviewed the
request and finds no conflicts with its interests. Weld County has not
received a referral from the Towns of Firestone and Frederick regarding this
proposal. The Conditions of Approval will ensure this use will not jeopardize
the health, safety or welfare of the surrounding property owners.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The proposal is located within the Flood Hazard
Overlay District area, as delineated on FIRM Community Panel Maps
#080266-0866C and #080266-0868C, dated September 28, 1982. The
Department of Public Works, in its referral dated January 8, 2008, will
require the applicant to amend FHDP-481 if the proposed development is
approved. Effective January 1, 2003, building permits issued on the subject
site will be required to adhere to the fee structure of the County-Wide Road
Impact Fee Program. Effective August 1, 2005, building permits issued on
the subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Storm water/Drainage Impact Fee Programs.
f. Section 23-2-230.B.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The subject site is classified as"Irrigated land not prime" and "other,"
as delineated on the Important Farmlands of Weld County map,dated 1979.
The applicant is not using any prime agricultural land in the proposed
development.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of the health, safety, and welfare of
the inhabitants of the neighborhood and County.
h. Section 23-4-250 -- Additional requirements for open-mining have been
addressed through this application and the Development Standards will
ensure compliance with Section 23-4-250 Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Zadel Family, LLLP, c/o Northern Colorado Constructors,
Inc., for a Site Specific Development Plan and Amended Use by Special Review Permit#1394 for
a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Materials
Blending, Import of Materials, and Gravel Mining, in the A(Agricultural)Zone District, on the parcel
of land described above be, and hereby is, granted subject to the following conditions:
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AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, 0/O NORTHERN
COLORADO CONSTRUCTORS, INC.
PAGE 4
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2) All sheets shall be labeled AmUSR-1394.
3) All existing and future oil and gas facilities, drill envelopes, and
setbacks, if applicable.
4) The attached Development Standards associated with this
application.
5) The location of any on-site signs, including all appropriate Stop
signs, speed limit signs, and haul route designation signs shall be
posted at both entrances.
6) County Road 18 is classified by the County as a collector status
road, which requires 80 feet of right-of-way at full buildout. The
applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way cannot be verified, it
shall be dedicated. The plat shall delineate the existing right-of-way
and the documents which created it, along with any additional
right-of-way reservation required.
7) County Road 25 is classified by the County as a local paved road,
which requires 60 feet of right-of-way at full buildout. The applicant
shall verify the existing right-of-way and the documents creating the
right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. The plat shall delineate the existing right-of-way and the
documents which created it.
8) The location of all permanent structures, i.e., scale house, truck
scale, all buildings and/or structures, and known areas for"portable"
machinery associated with this land use application.
9) The new location of the irrigation ditch and the reception number of
the ditch agreement.
10) All proposed landscaping shall be located outside of the existing and
future right-of-way.
B. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment. The
Environmental Health Division of the Weld County Department of Public
Health and Environment was unable to locate a septic permit for the
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AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, CIO NORTHERN
COLORADO CONSTRUCTORS, INC.
PAGE 5
residence on the expansion parcel. Any existing septic system(s), which is
not currently permitted through the Weld County Department of Public
Health and Environment,will require an Individual Sewage Disposal System
(I.S.D.S.) evaluation, prior to the issuance of the required septic permit(s).
In the event the system(s)is found to be inadequate, the system(s)must be
brought into compliance with current I.S.D.S. Regulations. Evidence of
Weld County Department of Public and Environment approval shall be
submitted to the Department of Planning Services.
C. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators,stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or, show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. The plat shall be amended to include any possible future
drilling sites and/or setbacks.
D. The applicant shall provide clarification on the status of permit SP-0300479
to the Weld County Department of Public Health and Environment.
Evidence of Weld County Department of Public and Environment approval
shall be submitted to the Department of Planning Services.
E. The applicant shall provide clarification on the status of the vault system for
the scale house. Evidence of Weld County Department of Public and
Environment approval shall be submitted to the Department of Planning
Services.
F. The applicant shall submit a Landscape Plan, identifying the number, size,
and species of all plant material,to the Department of Planning Services,for
review and approval. This plan shall include specifications of any proposed
berms, if required. The applicant shall also provide written evidence on how
the proposed landscaping will be irrigated.
G. The applicant shall provide written evidence to the Department of Planning
Services that all issues involving water rights, including a Water
Court-approved plan for augmentation, or, Substitute Water Supply Plan,
has been approved by the Colorado Division of Water Resources.
H. Written evidence of approval, or obtaining approval from the Colorado
Division of Minerals and Geology(DMG)for a permit to mine the resource,
shall be submitted to the Weld County Department of Planning Services.
The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. The agreement and form of collateral shall
be reviewed by County staff and accepted by the Board of County
Commissioners, prior to recording the AmUSR plat. The Improvements
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AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, C/O NORTHERN
COLORADO CONSTRUCTORS, INC.
PAGE 6
Agreement will not be needed if the necessary improvements are done to
the satisfaction of the Departments of Public Works and Planning Services.
J. The applicant shall address the requirements and concerns of the Platte
Valley Soil Conservation District, as stated in the referral response dated
December 19, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
K. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services, as stated in the Landscape
referral response dated December 3, 2007. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
L. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral responses
dated December 11, 2007, and January 8, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
M. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation, as stated in the referral response dated
December 3, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
N. The applicant shall either submit a copy of an agreement with the Sand Hill
Reservoir and Ditch Company, stipulating that the Ditch Company's
activities have been adequately incorporated into the design of the site, or,
show evidence that an adequate attempt has been made to mitigate the
concerns of the Ditch Company. The plat shall be amended to include any
possible requirements/concerns of the Ditch Company.
O. The applicant shall attempt address the requirements and concerns of
DCP Midstream, as stated in the referral response dated November 30,
2007. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty(30)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Amended Use by Special Review. Acceptable CAD formats are
.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are ArcView shapefiles,
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AMENDED SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, C/O NORTHERN
COLORADO CONSTRUCTORS, INC.
PAGE 7
Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may
be sent to maps@co.weld.co.us.
4. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of May, A.D., 2008.
` BOARD OF COUNTY COMMISSIONERS
L � WELD COUNTY, COLORADO
ATTEST: Ltd, 1_',
1861 ( ►="%0 4SZP illiam H. Jerke, Chair
�
Weld County Clerk to the o. . ••�a
R 4 EXCUSED
/ Robert D. Masflen, Pro-Tem
BY: d-7Z/ll4 ydi9.
Deputy Clerlvfo the Board
Wi ' F. Ga cia
APPROVED AS TO FORE ----'
Davi E. Long
C tattorney
Douglas Ra acher
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ZADEL FAMILY, LLLP
C/O NORTHERN COLORADO CONSTRUCTORS, INC.
AMUSR #1394
1. Site Specific Development Plan and Amended Use by Special Review Permit#1394 is for
a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant,
Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone
District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled,stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
7. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
8. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal System (I.S.D.S.) Regulations.
12. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. Adequate toilet facilities (portable toilets) may be utilized on sites that are a temporary
location of the working face and portable processing equipment, etcetera, for up to six(6)
months at each location.
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DEVELOPMENT STANDARDS - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO
CONSTRUCTORS, INC. (USR#1394)
PAGE 9
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
16. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles, in accordance with the Weld County Code,the Rules
and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
17. The applicant shall comply with the requirements of the Air Pollution Control Division of the
Colorado Department of Public Health and Environment.
18. The applicant shall comply with the requirements of the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
19. The operation shall comply with the Occupational Safety and Health Act (OSHA).
20. The site shall comply with the Mine Safety and Health Act (MSHA).
21. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180, Articles I and II, of the Weld County Code.
22. A building permit application must be completed, and two complete sets of plans, including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer, must be submitted for review. A Geotechnical Engineering Report, performed
by a Colorado registered engineer, shall be required.
23. Setback and offset distances shall be determined by the 2006 International Building Code
and Chapter 23 of the Weld County Code. Offset and setback distances are measured
from the farthest projection from the structure.
24. A plan review must be approved, and a permit must be issued, prior to the start of
construction.
25. Buildings located within a 100-year floodplain require a Flood Hazard Development Permit.
26. Prior to the release of a building permit, the applicant shall submit evidence of approval
from the Fort Lupton Fire Department to the Weld County Department of Building
Inspection.
27. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas.
28. If any work associated with this project requires the placement of dredged or fill material,
and any excavation associated with a dredged or fill project,either temporary or permanent,
in waters of the United States which may include streams, open water lakes, ponds or
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DEVELOPMENT STANDARDS - ZADEL FAMILY, LLLP, CIO NORTHERN COLORADO
CONSTRUCTORS, INC. (USR #1394)
PAGE 10
wetlands takes place at this location, the applicant shall obtain a Department of Army, 404
Clean Water Act permit.
29. All gravel trucks transporting materials out of the area on County Roads shall ensure that
their loads are covered, thus reducing loose materials on the roadway and the amount of
damage to vehicles.
30. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points
of ingress and egress to clearly identify the boundaries of the site.
31. Lighting provided for security and emergency night operation on the site shall be designed
so that the lighting will not adversely affect surrounding property owners.
32. Hours of operation shall be daylight hours. Hours of operation may be extended with
specific permission from the Weld County Board of County Commissioners. This
restriction shall not apply to operation of administrative and executive offices or repair and
maintenance facilities located on the property.
33. Existing trees and ground cover shall be preserved, maintained, and supplemented, if
necessary, for the depth of the setback in order to protect against and/or reduce noise,
dust, and erosion.
34. The landscaping on the site shall be maintained in accordance with the approved
Landscape, Screen, and Buffering Plan.
35. The number of on-site employees shall be limited to thirty(30), as stated in the application
materials.
36. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Open-mining
Standards of Section 23-4-250 of the Weld County Code.
39. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
40. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
41. The Amended Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated, shall
require the approval of an amendment of the Permit by the Weld County Board of County
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DEVELOPMENT STANDARDS - ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO
CONSTRUCTORS, INC. (USR#1394)
PAGE 11
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
42. In accordance with Section 23-2-200.E of the Weld County Code, if the Amended Use by
Special Review has not commenced from the date of approval, or is discontinued for a
period of three (3) consecutive years, it shall be presumed inactive. The County shall
initiate an administrative hearing to consider whether to grant an extension of time to
commence the use, or revoke the Use by Special Review Permit. If the Use by Special
Review Permit is revoked, it shall be necessary to follow the procedures and requirements
of Chapter 23, Division IV, of the Weld County Code in order to reestablish any Use by
Special Review.
43. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
44. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
45. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
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