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WELD COUNTY
CODE ORDINANCE 2008-1
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of 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, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,including
the codification of all previously adopted ordinances of a general and permanent nature enacted
on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be,and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST
Add the following:
ARTICLE IV
Site Selection and Construction of Arterial Highways,Interchanges and Collector Highways
(Including Private Toll Roads and Toll Highways),Mass Transit and Rapid Transit Terminals,
Stations and Fixed Guideways,and Areas around Arterial Highways,Interchanges,Collector
Highways(Including Private Toll Roads and Toll Highways), Mass Transit and Rapid Transit
Terminals, Stations and Fixed Guideways
Division 1
General and Introductory Provisions
Sec. 21-4-10. Purpose and Intent.
The regulations contained in this Article IV ("Highways 1041 Regulations") are limited to
facilities which fall under the requirements and provisions of Sections 7-45-101 and 38-2-101,
C.R.S., et seq., and, in that regard, their purpose and intent are:
A. To encourage planned and orderly land use development.
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B. To set forth the approval criteria and application submittal requirements for:
1. Site selection of arterial highways, interchanges, and collector highways
(including private toll roads and toll highways), and areas around arterial
highways, interchanges, and collector highways(including private toll roads
and toll highways), and
2. Site selection of mass transit and rapid transit terminals, stations, and fixed
guideways, and areas around mass transit and rapid transit terminals,
stations, and fixed guideways
C. To establish regulations governing inter-jurisdictional projects for highways and/or
mass transit facilities which are consistent from one jurisdiction to another
jurisdiction.
D. To provide for the needs of agriculture, industry, business, residential communities,
and recreation in future growth.
E. To regulate the site selection and construction of arterial highways, interchanges,
and collector highways (including private toll roads or toll highways), mass transit
and rapid transit terminals, stations, and fixed guideways, and areas surrounding
the same, in order to balance the protection, mitigation of damage to, and
enhancement of, environmental resources, and the private property rights of
property owners in Weld County with the transportation needs, and other
development values and existing environmental quality in Weld County.
F. To promote the efficient and economic use of public resources.
G. To regulate the site selection and construction of arterial highways, interchanges
and collector highways(including private toll roads and toll highways), mass transit
and rapid transit terminals, stations, and fixed guideways, and areas surrounding
the same, in order to balance the transportation needs of the citizens and
businesses of Weld County with the developmental values of the proposal.
H. To avoid or reduce direct conflicts with adopted master plans.
To create a regulatory system which protects and preserves the property rights of
property owners in Weld County.
Sec. 21-4-20. Definitions.
In addition to the terms defined in Section 21-1-90 of this Code,the following terms specific
to the designation of site selection and construction of arterial highways, interchanges, collector
highways (including private toll roads and toll highways), mass transit, rapid transit, terminals
stations, fixed guideways, and areas surrounding the above, shall be construed to have the
meanings set forth as follows:
A. Arterial Highway: Any limited-access highway which is part of the federal-aid
interstate system or any limited-access highway constructed under the supervision
of the Colorado Department of Transportation. "Arterial highway" may include a
private toll road and/or toll highway.
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B. Collector Highway: A major thoroughfare serving as a corridor or link between
municipalities, unincorporated population centers or recreation areas, or industrial
centers, and constructed under guidelines and standards established by, or under
the supervision of,the Colorado Department of Transportation. "Collector highway"
does not include a city street or local service road, or a county road designed for
local service and constructed under the supervision of local government. "Collector
highway" may include a private toll road and/or toll highway.
C. Fixed Guideway: A system of public transportation which utilizes and occupies a
separate right-of-way or rail for the exclusive use of public transportation service.
D. Fixed Guideway Corridor: A corridor designated by the governing body, (e.g.,
county, state, Regional Transportation District, municipality, etc.), for the
construction and operation of a fixed guideway mass transportation system.
E. Highway: Any right-of-way used for transportation purposes, including, but not
limited to, bridges on the roadway and culverts, sluices, drains,ditches,waterways,
embankments, retaining walls, trees, shrubs, and fences along, or upon, the same
and within the right-of-way. "Highway' may include a private toll road and/or toll
highway.
F. Interchange: The intersection of two or more highways, roads, or streets, at least
one of which is an arterial highway or toll road where there is direct access to, and
from, the arterial highway or toll road.
G. Mass Transit: A coordinated system of transit modes providing transportation for
use by the general public.
H. Mitigation:
1. Avoiding an impact by not taking a certain action or parts of an action.
2. Minimizing impacts by limiting the degree or magnitude of the action or its
implementation.
3. Reducing or eliminating the impact over time by preservation and
maintenance operations.
4. Compensating for the impact by replacing or providing suitable biological
and/or physical conditions; and by replacing or providing suitable arterial
highways, interchanges,collector highways(including private toll roads and
toll highways), mass transit and rapid transit terminals, stations, and fixed
guideways, where applicable.
5. Compliance with reasonable conditions and developing standards.
6. The best available technology shall be used to mitigate demonstrable
negative impacts on citizens and businesses located in areas surrounding
arterial highways, interchanges, collector highways (including private toll
roads and toll highways), mass transit and rapid transit terminals, stations,
and fixed guideways.
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I. Private toll road or toll highway: Any right-of-way used for transportation purposes.
Private toll road or toll highway includes, but is not limited to, bridges on the
roadway and culverts, sluices, drains ditches,waterways, embankments, retaining
walls,trees, shrubs,and fences along or upon the same and within the right-of-way.
J. Proposed Project: For purposes of this Article IV, Proposed Project refers to the
determination of a site for, and the development and construction of, arterial
highways, interchanges,and collector highways(including private toll roads and toll
highways), and of mass transit and rapid transit terminals, stations and fixed
guideways.
K. Rapid Transit: The element of a mass transit system involving a mechanical on an
exclusive lane or guideway constructed solely for that purpose.
L. Service Road: A street or road meeting County specifications, used to provide
ingress and egress to a development located adjacent to a highway.
M. Station or Terminal: A facility constructed to provide and facilitate passenger
access to, and from, a rapid or mass transit system, including areas necessary for
vehicle operations, parking areas for commuters, and roadways connecting to the
general road system of the County. A"station" shall include, but not be limited to,
any proposed regularly scheduled stop, or planned optional or seasonal boarding
point, on a rapid transit system.
N. Transportation: Transport of persons or property by motor vehicle, bus, truck,
railroad, light rail, mass transit, airplane, bicycle, or any other form of transport.
"Transportation" includes pedestrian transportation.
Sec. 21-4-30. Applicability.
These Highways 1041 Regulations shall apply to site selection of arterial highways,
interchanges, and collector highways (including private toll roads and toll highways), and areas
around arterial highways, interchanges,and collector highways(including private toll roads and toll
highways), and to site selection of mass transit and rapid transit terminals, stations, and fixed
guideways and areas around mass transit and rapid transit terminals,stations and fixed guideways;
excluding proposed projects sited and constructed by Weld County, and proposed projects sited
and constructed by the Colorado Department of Transportation ("CDOT"), which do not fall within
the requirements and provisions of Sections 7-45-101, and 38-2-101, C.R.S. ,et seq.
Sec. 21-4-40. Relationship of Highways 1041 Regulations to Other County, State, and
Federal Requirements.
A. Nothing in these Highways 1041 Regulations shall be construed as exempting an
applicant for a permit from any other requirements of this County, or other state or
federal laws and regulations.
B. To the extent that the requirements of these Highways 1041 Regulations differ from
any other applicable requirements, the more restrictive requirements shall apply.
C. Nothing in these Highways 1041 Regulations shall be construed as enhancing or
diminishing the power and authority of municipalities, counties, or the State of
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Colorado. Any order, rule, or directive issued by any governmental agency,
pursuant to these Highways 1041 Regulations, shall not be inconsistent with, or in
contravention of, any decision, order, or finding of the State of Colorado with
respect to public convenience and necessity. The State of Colorado shall take into
consideration and,where feasible, foster compliance with adopted master plans of
local governments, regions, and the state.
D. Nothing in these Highways 1041 Regulations shall be construed as enhancing or
diminishing the rights and procedures with respect to the power of a municipality,
county, transportation district, or the state to acquire property and rights-of-way by
eminent domain to serve public need in the most economical and expedient
manner.
E. Nothing in these 1041 Transportation Regulations shall be construed as enhancing
or diminishing State laws governing the creation or operation of private toll roads or
toll highways, or the companies which operate them, or of the creation and
operation of public toll roads or toll highways.
Division 2
Designation of Site Selection and Construction of Arterial Highways, Interchanges and Collector
Highways (Including Private Toll Roads and Toll Highways), and Mass Transit and Rapid Transit
Terminals, Stations, and Fixed Guideways.
Sec. 21-4-200. Designation of Site Selection and Construction.
The Board of County Commissioners, having considered the need for current and future
development of a variety of roadways and mass transit and rapid transit modes of transportation,
and the provisions and requirements of these Highways 1041 Regulations, hereby orders that the
designation of site selection and construction of the projects set forth in this Article IV, as a matter
of state interest, made by the Board on the 17th day of December, 2007, is hereby ratified and
confirmed, and that this activity shall be regulated pursuant to the provisions of the Chapter 21.
Sec. 21-4-210. Boundaries of Area Covered by Designation.
The site selection and construction of any arterial highway, interchange, collector highway
(including private toll road or toll highway), or mass transit or rapid transit terminal, station, or fixed
guideway, as defined herein, being wholly or partially within the boundaries of Weld County, shall
be subject to this designation and these Highways 1041 Regulations.
Sec. 21-4-220. Designation as Matter of State Interest.
The site selection and construction of any arterial highway, interchange, collector highway
(including private toll road or toll highway), or mass transit or rapid transit terminal, station, or fixed
guideway, as defined herein, are hereby designated as a matter of state interest.
Division 3
Permit Program for Site Selection and Construction of Arterial Highways, Interchanges, and
Collector Highways (Including Private Toll Roads and Toll Highways), Mass Transit and Rapid
Terminals, Stations, and Fixed Guideways
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Sec. 21-4-300. Prohibition on Site Selection and Construction of an Arterial Highway,
Interchange, and Collector Highway (Including Private Toll Road or Toll Highway), Mass
Transit and Rapid Transit Terminals, Stations and Fixed Guideways, and the Areas
Surrounding the Foregoing.
A. No person may locate and construct an arterial highway, interchange, or collector
highway(including private toll road or toll highway), mass transit and/or rapid transit
terminal,station,and/or fixed guideway,as defined herein and specifically as limited
pursuant to Sections 21-4-100 and 21-4-120 of this Article, within the
unincorporated portions of this County, without first obtaining a permit pursuant to
the terms of this Article IV.
B. No local authority, including Weld County, may issue a building permit for the
purposes of selecting a site for and constructing an arterial highway, interchange,
collector highway (including private toll road or toll highway), mass transit and/or
rapid transit terminal, station, or fixed guideway, as defined herein, and specifically
as limited pursuant to Sections 21-4-100 and 21-4-120 of this Article, wholly or
partially within the unincorporated portions of this County, without the applicant first
having obtained a permit pursuant to the terms of this Article IV.
Sec. 21-4-310. Procedural Requirements.
A. The procedures concerning permit applications, notice and conduct of permit
hearings, review of Board of County Commissioners' decisions, and issuance and
content of permits for selecting a site and constructing any arterial highway,
interchange, collector highway, mass transit and rapid transit terminals, stations,
and/or fixed guideway(including the area around such sites) shall comply with the
provisions set forth in Chapter 21, Article II, of this Code, Permit Regulations,
together with the additional regulations set forth in Article IV.
B. Prior to the pre-application conference,the applicant may meet with the Department
of Planning Services to discuss and outline the project. The purpose of the meeting
is to discuss general information pertinent to the proposed project, identify any
major problems, and define issues in order to direct the data gathering and
assessment that are to accompany the future application. No record shall be
maintained of this meeting and neither party shall be bound by plans, statements,
or positions discussed at the meeting.
1. If, as a result of the meeting, the Department of Planning Services
determines that the nature or extent of the proposed project involves the
potential for significant environmental or economic damage, or warrants
examination of specific less environmentally damaging alternatives, the
Department of Planning Services may request that the applicant evaluate
and present information on such alternatives as part of the application. This
shall not preclude a similar request following the pre-application conference.
2. Required information on alternatives may include, but shall not necessarily
be limited to, information on the environmental impacts and
cost-effectiveness of the alternatives in relationship to the proposed project
presented.
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C. To minimize expenditures of time and money by all concerned, an application for
a permit to locate an arterial highway, interchange, or collector highway (including
private toll road or toll highway), or mass transit or rapid transit terminal, station, or
fixed guideway must begin with a pre-application conference with the Department
of Planning Services.
D. The requirements of these Highways 1041 Regulations shall not be deemed to
waive the requirements of Sections 7-45-101 and 38-2-101, C.R.S., et seq., if
applicable, which require that:
1. No application for the construction of an arterial highway, interchange, or
collector highway(including private toll road or toll highway), or mass transit
or rapid transit terminal, station, or fixed guideway, shall be granted without
the applicant first having established that the project has been incorporated
into the State Transportation system, as set forth in Section 7-45-101,
C.R.S., et seq.; obtained the consent of the Board of County
Commissioners,through Section 38-2-101(3),C.R.S.;or paid any applicable
tax, fee, or charge established by the Board of County Commissioners,
pursuant to Section 38-2-101(4), C.R.S.
2. No applicant may exercise the right of eminent domain to acquire any
right-of-way for the development and construction of any project. The
exercise of the right of eminent domain may only be exercised by the
Colorado Department of Transportation, as set forth in Sections 7-45-104
and 38-2-101, C.R.S.
E. Available documents,studies,or reviews by the applicant or regulatory agencies will
be utilized whenever possible by Weld County in its review, in order to minimize
duplication and promote the timely review of the permit application.
Sec. 21-4-320. Pre-application Conference.
A. Prior to formal filing of the application, the applicant shall confer with the staff
person assigned to the case by the Department of Planning Services to obtain
information and guidance. The purpose of such a conference is to allow the
applicant and the staff to review the proposed project informally.
B. Topics of discussion shall include, but not be limited to:
1. Characteristics of the proposed project, including its location or potential
location(s), significant natural and man-made features with particular
attention to natural hazard, resource, or other special areas, the size and
accessibility of the site, surrounding development and land uses, and its
potential impact on the surrounding areas, including potential environmental
effects and planned mitigation strategies.
2. Community policy considerations,including the review process and likely the
conformity of the proposed development with the policies and requirements
of these Highways 1041 Regulations.
3. Applicable regulations, review procedures, and submission requirements.
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4. Other regulatory reviews or procedures to which the applicant is subject,the
applicant's time frame for the project,whether the applicant requests waiver
of the preliminary application, and other concerns of the applicant.
C. Any comments or commitments made by any member of the County administration,
as to the merits of the substance of the application during this pre-application
conference, are only preliminary in nature and may not be relied upon by the
applicant. All prospective applicants shall be informed that formal comments cannot
be made by staff until after the application is submitted and adjacent or nearby
property owners and referral agencies have had an opportunity to respond, if
applicable.
D. County staff will make available to the applicant any public information concerning
the application which is in the County's possession.
E. The Department of Planning Services shall consider the County's application
requirements for the proposed project, and shall notify the applicant, either at the
pre-application conference, or within ten (10) days thereafter, in writing, of such
requirements, including, but not limited to, the extent of interest holders to receive
notification of the proposed project under Section 21-2-250 of this Code, and other
applicable sections, the extent of the project area to be considered, the submittal
requirements that may be waived by Weld County, and any particular submittal
requirements in addition to those specified in these Highways 1041 Regulations.
Division 4
Permit Approval Criteria.
Sec. 21-4-400. General Permit Approval Criteria.
A. A permit application for development of a matter of state interest through this
Article IV may not be approved unless the applicant satisfactorily demonstrates that
the proposed project, including all mitigation measures proposed by the applicant,
complies with all of the applicable criteria set forth herein. If the proposed project
does not comply with all of the applicable criteria, the permit shall be denied, unless
the Board determines that reasonable conditions may be imposed on the permit,
which will enable the permit to comply with the criteria. The Board of County
Commissioners shall take the construction, operation, and cumulative impacts of
the proposed project into consideration.
B. If the Board of County Commissioners determines at the hearing that sufficient
information has not been provided in order to determine if the applicable criteria
have been met, the Board may continue the hearing until the specified additional
information has been received.
Sec. 21-4-410. Specific Permit Approval Criteria.
A. Property Rights, Permits, and Other Approvals. The applicant must have all
property rights(or irrevocable commitments to transfer affected property if approval
is granted to the Applicant), permits, and approvals necessary for the proposed
project, including easements and rights-of-way. The Board may, in its discretion,
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defer making a final decision on the application until necessary property rights,
permits, and approvals for the proposed project are obtained.
B. Consistency with Water Quality Plan. The proposed project must be consistent with
the regional water quality plans for the area within which the proposed project will
be located.
C. Consistency with Comprehensive Plans. The proposed project must be consistent
with Chapter 22 of this Code and Intergovernmental Agreements for the area within
which the proposed project will be located.
D. Applicant Capability. The applicant must have the necessary expertise and financial
capability to develop and operate the proposed project, consistent with all
requirements and conditions.
E. Feasibility of Proposed Project. The proposed project must be technically and
financially feasible, considering the cost of the proposed project, amount of debt
associated with the proposed project, and sources of funding to retire the debt and
anticipated revenue.
F. Risk from Natural Hazards. The proposed project must not be subject to significant
risk from natural hazards.
G. Effect on Government Services. The proposed project must not have a significant
adverse effect on the capability of local government to provide services or exceed
the capacity of service delivery systems. For purposes of this section, the following
factors shall be considered:
1. Existing and potential capability of local governments to accommodate
development related to the proposed project.
2. Current and proposed capacity of roads, schools, infrastructure, housing,
law enforcement, emergency response, and other services, and the impact
of the proposed activity upon such capacity.
3. Changes caused by the proposed project in the cost of providing education,
transportation networks,water and wastewater treatment, irrigation delivery
systems, emergency services, or other governmental services or facilities.
4. Need for temporary roads to access the construction of the proposed
project.
H. Financial Burden. The proposed project will not create a significant financial burden
on existing or future residents of the County. Considerations of the financial burden
may include the following considerations:
1. Documented changes in assessed valuation.
2. Tax revenues and fees to local governments which will be generated by the
proposed project.
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3. Changes in total property tax burden associated with special districts, tolls,
or special assessments associated with the proposed project.
Economic Sector. The proposed project will not significantly degrade any
substantial sector of the economy. For the purposes of this section, the following
factors may be considered:
1. Changes to projected revenues generated from each economic sector.
2. Changes in the value or productivity of any lands.
3. Changes in opportunities for economic diversification.
J. Recreational Opportunities. The proposed project will not significantly degrade the
quality or quantity of recreational opportunities and experience.
K. Agriculture. The proposed project must not interfere with productive agricultural
operations, and must not be located on lands identified as suitable for
economically-viable agricultural production. The determination of effects of the
proposed project on agricultural activities may consider interference with livestock
or loss of productive soils.
L. Environmental Impacts. The proposed project must not significantly degrade the
natural environment, including environmental resources, natural resources, and
open space areas identified by the County for preservation or conservation. For the
purposes of this section, the following resource categories shall be considered:
1. Air Quality. The proposed project shall not significantly degrade visual
quality. In determining impacts to visual quality, these factors may be
considered:
a. Changes to seasonal ambient air quality.
b. Changes in visibility and microclimates.
c. Applicable air quality standards.
2. Visual Quality. The proposed project shall not significantly degrade visual
quality. In determining impacts to visual quality, these factors may be
considered:
a. Visual changes to ground cover and vegetation, streams, natural
contours, and outcroppings, and other significant natural features.
b. Interference with viewsheds and scenic vistas.
c. Changes in appearances of grasslands, wooded areas, or riparian
corridors.
d. Changes from rural to urban land forms and structures.
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e. Compatibility of structure design and materials with surrounding land
uses.
3. Surface Water Quality: The proposed project shall not significantly degrade
water quality. In determining impacts to surface water quality, the County
review shall be limited to non-point source pollution associated with the
proposed project that is not covered by a permit issued under the State
CPDES program, or the stormwater permit requirements. In determining
impacts to surface water quality, these factors may be considered:
a. Changes to existing water quality, including patterns of water
circulation, temperature, conditions of the substrate, extent and
persistence of suspended particulates and clarity, odor, color or
taste of water.
b. Applicable narrative and numeric water quality standards.
c. Increases in impervious surface areas.
d. Increases in erosion potential.
e. Increases in sediment loading to water bodies.
f. Changes in historic runoff patterns and velocity.
g. Use of de-icers, solvents, and salts.
h. Use of the proposed project to transport hazardous materials.
4. Groundwater Quality. The proposed project shall not significantly degrade
groundwater quality. In determining impacts to groundwater quality, these
factors may be considered:
a. Changes in aquifer recharge rates, groundwater levels, and aquifer
capacity, including seepage losses through aquifer boundaries and
at aquifer-stream interfaces.
b. Changes in capacity, function, or water quality, of stock-watering
and domestic wells.
5. Wetlands and riparian areas. The proposed project shall not significantly
degrade the quality of wetlands and riparian areas. In determining impacts
to wetlands and riparian areas, these factors may be considered.
a. Changes in the structure and function of wetlands.
b. Changes to the filtering and pollutant uptake capacities of wetlands
and riparian areas.
c. Changes to aerial extent of wetlands.
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d. Changes in species' characteristics and diversity.
e. Transition from wetlands to upland species.
f. Changes in function and aerial extent of floodplains.
g. Interference with flood control capacity.
6. Terrestrial and aquatic animal life. The proposed project shall not
significantly degrade the quality of terrestrial and aquatic life. In determining
impacts to terrestrial and aquatic animal life, these factors may be
considered:
a. Changes in species composition or density.
b. Changes in number of threatened or endangered species.
c. For terrestrial species, changes to, or interference with, habitat and
critical habitat, including calving grounds, mating grounds, nesting
grounds, summer or winter range, migration routes, or other habitat
features necessary for the protection and propagation of any
terrestrial animals.
d. For aquatic species, changes to habitat and critical habitat,
including: stream bed and banks, spawning grounds' riffle and side
pool areas, flushing flows, nutrient accumulation and cycling, water
temperature, depth, and circulation, stratification, and any other
conditions necessary for the protection and propagation of aquatic
species.
e. Changes to the aquatic and terrestrial food webs.
7. Terrestrial and aquatic plant life. The proposed project shall not significantly
degrade the quality of terrestrial and aquatic plant life. In determining
impacts to terrestrial and aquatic plant life,these factors may be considered:
a. Changes to the habitat of threatened or endangered plant species.
b. Changes to the structure and function of vegetation, including
species composition, diversity, biomass, and productivity.
c. Changes in advancement or succession of desirable and less
desirable species, including noxious weeds.
8. Soil and geologic conditions. The proposed project shall not significantly
degrade soils and geologic conditions. In determining impacts on soils and
geologic conditions, these factors may be considered:
a. Changes to the topography, natural drainage patterns, soil
morphology and productivity,soil erosion potential, and flood hazard
areas.
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b. Changes to unstable and potentially unstable slopes.
c. Exacerbation of seismic concerns and subsidence.
M. Cultural Resources: The proposed project shall not interfere with the preservation
of cultural resources, including historical structures and sites,agricultural resources,
the rural lifestyle, and the opportunity for solitude in the natural environment.
N. Land Use: The proposed project shall not cause significant degradation of land use
patterns in the area around the proposed project. In making this determination,
these factors may be considered:
1. Land use policies reflected in land use plans.
2. The likelihood that the proposed project will/will not cause, or contribute to,
urban sprawl or"leapfrog" development.
3. Significant changes in the amount of impervious surfaces.
4. Contiguity of development associated with the proposed project to existing
growth centers.
O. Hazardous Materials Risk. The proposed project shall not result in an unreasonable
risk of releases of hazardous materials. In making this determination,these factors
may be considered:
1. Plans for compliance with federal and state handling,storage,disposal, and
transportation requirements.
2. Use of waste minimization techniques.
3. Adequacy of spill prevention and response plans.
4. Nature and extent of materials associated with the construction and
operation of the proposed project.
P. Nuisance. The proposed project shall not create blight or other nuisance factors
such as excessive noise, glare, dust, or odor.
Q. Cost and Benefits. The benefits accruing to the County and its citizens from the
proposed project outweigh the losses of any resources within the County, or the
losses of opportunities to develop such resources.
R. Best Alternative. The proposed project is the least damaging alternative based
upon consideration of need, existing technology, cost, impact, and these
regulations.
S. Responsibility for Fees. The applicant shall be responsible to pay for any consultant
which the County may need to retain to analyze, evaluate, or provide information to
the County, regarding all,or a portion of, an application where County staff does not
have expertise. No application shall be approved until all fees have been paid.
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Sec. 21-4-420. Additional Standards of Approval for Site Selection of Arterial Highways,
Interchanges, and Collector Highways (Including Private Toll Roads and Toll Highways).
In addition to the general permit approval Criteria and the Standards for Approval of all
permit applications, proposed projects for site selection of arterial highways, interchanges and
collector highways (including private toll roads and toll highways), the applicant shall satisfy these
additional standards:
A. Need. Highways and interchanges shall be located only in those community areas
for which a clear and reasonable need for such highway facilities has been
demonstrated. Highways and interchanges shall be located so that:
1. Community traffic needs are met.
2. Desirable community patterns are not disrupted. "Non-disruption" may be
proven through the construction of overpasses or underpasses at all county
roads and rights-of-way currently being maintained privately, or by the
County, or those rights-of-way not being currently maintained, but deemed
necessary by the County for future transportation needs.
B. Multi-model Features. Other reasonable modes of transportation shall be
incorporated into the highway proposal, including bicycle, mass transit, and
pedestrian modes.
C. Delivery of Services and Goods. The location of the proposed highways and
interchanges shall not impede the delivery of essential community services and
goods.
D. Impact on Neighborhoods. The location of the proposed highways and
interchanges shall not divide neighborhoods or isolate neighborhoods from public
facilities including schools, hospitals, mass transit, pedestrian and bikeways,
recreational areas, and open spaces.
E. Roadway Congestion. The location of the proposed highways and interchanges
shall not create safety hazards by causing or contributing to overuse, improper use,
or congestion on other roadways.
F. Integration into Regional Network. The proposed highways shall be integrated into
the regional transportation network.
G. Capacity of Existing Highways. The capacity of existing highways is inadequate for
present and projected traffic.
H. Complement Mass Transit. The proposed highways or interchanges will
complement mass transit facilities.
Impact on Farm or Ranch Lands. The proposed highways or interchanges will not
have a significant adverse effect of farm or ranch lands.
J. Impact to Soils. The proposed highways or interchanges will not result in loss of
fertile agricultural soil.
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K. Relocation of Households. The proposed highways or interchanges shall avoid
relocation of households. Where relocation of households cannot be avoided
because of technical constraints, adequate housing inventory shall exist to
accommodate displaced households.
L. Impact on Farms and Businesses. The proposed highways and interchanges shall
avoid relocation of farms or businesses. Where relocation of farms or businesses
cannot be avoided because of technical constraints, adequate sites exist within the
same market area to relocate farms or businesses. Existing irrigation structures
shall either not be affected by the proposed highways and interchanges(no loss of
water delivery or service), or shall be relocated at no cost to the ditch owners and
operators.
M. Federal Standards. The proposed highways and interchanges shall satisfy state
and federal standards, including, without limitation, the Transportation Equity Act
(TEA-21).
N. Visual Characteristics. The proposed highways shall incorporate materials and
design which complement the features of the surrounding human and natural
environment.
O. Phasing. The construction of the highways and interchanges shall be phased to
minimize interference with traffic movement.
P. Park and Ride. Park and Ride facilities must be located in areas designated by the
County.
Q. Maintenance. Finance sources are adequate to ensure proper maintenance of the
highways or interchanges.
R. Grants of Access. Grants of access to and from the highway shall comply with the
State highway access laws and regulations, Intergovernmental Agreements, and
Access Control Plans adopted by state or local entities which impose standards for
granting access to the highway.
S. Financial Feasibility. The applicant must demonstrate that the plan is financially
feasible for the long-term and short-term.
T. Impact on Natural Resources. Existing natural resources such as natural gas, oil,
and water will only be affected or relocated at no cost, no loss of revenue, and/or
no loss of usage to the mineral rights owners, operators, or end users.
Sec. 21-4-430. Additional Standards of Approval for Areas Around Arterial Highways,
Interchanges, and Collector Highways (Including Private Toll Roads and Toll Highways).
In addition to the general permit approval criteria, and the standards for approval of all
permit applications,areas around arterial highways, interchanges and collector highways(including
private toll roads and toll highways) shall satisfy these additional standards:
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A. Traffic Flow. Areas around arterial highways, interchanges,and collector highways
(including private toll roads and toll highways) shall be designed and operated so
as to encourage the smooth flow of motorized and non-motorized traffic.
B. Impact to Access Roads and Interchange. The proposed project shall not adversely
affect the level of acceptable performance of the access road and the interchange.
C. Access to Highway. The proposed project shall not directly, or indirectly, impede
access to and from the arterial highway.
D. Orderly Development. The proposed project shall contribute to the orderly
development of the interchange influence area and the region.
E. Traffic Volume. The volume of traffic to be generated by the proposed project shall
be compatible with the traffic-handling characteristics of the interchange, access
road, and existing, affected traffic roads.
F. Burden and Benefits. A project which proposes burdens or deprivations on the
communities of a region shall not be justified on the basis of local benefit alone.
G. Integration with Development in Other Jurisdictions. The proposed project shall be
integrated with actual and reasonably foreseeable development in areas around the
arterial highway located in other jurisdictions.
Sec.21-4-440. Additional Standards of Approval for Site Selection of Mass Transit or Rapid
Transit Terminals, Stations, and Fixed Guideways.
In addition to the general permit approval criteria and the standards for approval of all
permit applications, site selection of mass transit or rapid transit terminals, stations, and fixed
guideways shall satisfy these additional standards:
A. Conserve Value of Buildings. Terminals, stations, and fixed guideways shall be
located to conserve the value of buildings.
B. Avoid Demolition. Proposed locations of mass transit or rapid transit terminals,
stations, and fixed guideways, which will not require the demolition of residences
or businesses, shall be given preferred consideration over competing alternative
locations.
C. Benefit and Burden. A proposed location of a mass transit or rapid transit terminal,
station, or fixed guideway which imposes a burden or deprivation on a local
government cannot be justified on the basis of local benefit alone, nor shall a permit
for such a location be denied solely because the location places a burden or
deprivation on one local government.
D. Coordination with Other Transportation. Mass transit or rapid transit terminals,
stations, and fixed guideways shall be located in a coordinated manner with other
existing or planned transportation systems.
E. Exclusive Bus Lane. A positive impact on bus operations must be established
before an exclusive bus lane may be located within a major travel corridor. The
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location of an exclusive bus lane must be justified by a sufficient ridership level, an
effective enforcement plan, and no significant increase in traffic congestion.
F. Station, Shelters, and Terminals. Station, shelters, and terminals shall be
appropriately located to meet transit needs.
G. Access and Egress. Mass transit or rapid transit terminals, stations, and fixed
guideways shall have adequate and safe access/egress for all transit modes and
maintenance and transit vehicle operations.
H. Fixed Guideway Facilities. The location of fixed guideway facilities shall provide for
the joint usage of rights-of-way for such uses as bikeways, walkways, and parks.
Maximize Ridership. Mass transit or rapid transit terminals, stations, and fixed
guideways shall be located so as to attract maximum ridership.
J. Snow Removal on Fixed Guideways. Fixed guideway design and location shall not
permit snow plumes from snow removal equipment on the guideway to reach the
travel surface of a plowed public road except at intersections, nor shall fixed
guideways be placed or designed so that snow plumes from snow removal
equipment on public roads will reach the guideway.
K. Parking. The parking areas associated with a terminal or station shall be capable
of holding a number of automobiles which equals the number of passengers
expected to park at the terminal or station during peak periods.
L. Access Roads to Stations and Terminals. Access roads to a station or terminal
shall be designed and located to accommodate, during a fifteen(15)minute period,
the maximum number of automobiles anticipated to arrive before the scheduled
departure of the mass transit conveyance without causing cars to back up onto the
public road serving the facility.
M. Traffic Control Devices. The Manual on Traffic Control Devices shall apply to safety
devices at intersections of a fixed guideway and other transportation corridors.
Sec. 21-4-450. Additional Standards for Areas Around Mass Transit and Rapid Transit
Terminals, Stations and Fixed Guideways.
In addition to the general permit approval criteria and the standards for approval of all
permit applications, areas around mass transit and rapid transit terminals, stations, and fixed
guideways shall satisfy these additional standards:
A. Active Pedestrian Districts. Proposed development around light rail stations, bus
stations, and terminals shall be master-planned and developed for multiple-unit
housing and mixed use projects which support the public investment in light rail and
mass transit service to preserve, enhance, or contribute to creating active
pedestrian districts within walking distance of these facilities.
B. Mixed Use. Proposed development shall include a mix of uses near light rail
stations,bus stations,and terminals,accommodating residents,employees,visitors,
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and customers in a built environment which is pedestrian friendly and connected to
transit.
C. Access to Terminals and Stations. Proposed development shall provide safe and
convenient access and egress to terminals and stations.
Division 5
Application Submittal Requirements.
Sec. 21-4-500. Materials Required For All Applications.
An applicant requesting a permit to engage in an activity of state interest, or to develop in
an area of state interest, must submit the following application materials:
A. Information Describing the Applicant.
1. The name, address, e-mail address, fax number, organization form, and
business of the applicant and, if different,the owner of the proposed project.
2. The names, addresses, and qualifications, including those areas of
expertise and experience with projects directly related or similar to that
proposed in the application package, of the individuals who are, or will be,
responsible for constructing and operating the proposed project.
3. Authorization of the application by the project owner, if different than the
applicant.
4. Documentation of the applicant's financial and technical capability to
develop and operate the proposed project, including a description of the
applicant's experience developing and operating similar projects.
B. Information Describing the Proposed Project.
1. Detailed plans and specifications of the proposed project.
2. Descriptions of at least three or more alternatives to the proposed project
which were considered by the applicant.
3. Schedules for designing, permitting, constructing, and operating the
proposed project, including the estimated life of the proposed project.
C. Need. Demonstration of the need for the proposed project, including
existing/proposed facilities which perform the same or related function, and
population projections or growth trends that form the basis of demand projections
justifying the proposed project.
D. Property Rights, Permits, and Other Approvals.
1. A list and copies of all other federal, state, and local permits and approvals
which have been, or will be, required for the proposed project, together with
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any proposal for coordinating these approvals with the County permitting
process.
2. Copies of all official federal and state consultation correspondence prepared
for the proposed project; a description of all mitigation required by federal,
state, and local authorities, and copies of any draft or final environmental
assessments or impact statement required for the proposed project.
E. Applicable Provisions of the Regional Water Quality Management Plan. Provisions
of the applicable Regional Water Quality Management Plan that apply to the
proposed project and assessment of whether the proposed project will comply with
those provisions.
F. Financial Feasibility of the Proposed Project.
1. The estimated construction costs and period of construction for each
development component.
2. Revenues and operating expenses for the proposed project.
3. The amount of any proposed debt, and the method and estimated cost of
debt service.
4. Details of any contract or agreement for revenues or services in connection
with the proposed project.
5. Description of the persons or entity(ies) which will pay for or use the
proposed project, and/or services produced by the development and those
who will benefit from any and all revenues generated by it.
6. Cost of all proposed mitigation measures for the proposed project.
7. Detailed description as to how the proposed project will be financed, to
indicate the applicant has the ability to finance the Proposed Project.
G. Land Use.
1. Description of existing land uses within, and adjacent to, the proposed
project impact area.
2. Description of provisions from local land use plans which are applicable to
the proposed project, and an assessment of whether the proposed project
will comply with those provisions.
3. Description of impacts and net effect which the proposed project will have
on land use patterns.
H. Local Government Services.
1. Description of the existing capacity of, and demand for, local government
services, including roads, schools, water and wastewater treatment, water
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supply, emergency services, transportation, infrastructure, housing, law
enforcement, and other services necessary to accommodate development.
2. Description of the impacts and net effect of the proposed project on the
demand for local government services and the capability of local
governments to provide services.
Financial Burden on County Residents.
1. Description of the existing tax burden and fee structure for government
services.
2. Description of the impacts and net effect of the proposed project on existing
tax burden and fee structure for government services applicable to County
residents and property owners.
3. Any evidence indicating no changes in assessed valuation will result from
the proposed project.
J. Local Economy.
1. Description of the local economy, including, but not limited to, revenues
generated by the different economic sectors, and the value or productivity
of different lands.
2. Description of impacts and the net effect of the proposed project on the local
economy and opportunities for economic diversification, including the
number and types of jobs created.
K. Recreational Opportunities.
1. Description of present and potential recreational uses, including the number
of recreational visitor days for different recreational uses, and the revenue
generated by types of recreational uses.
2. A map depicting the location of recreational uses, such as fishery stream
segments, access points to recreational resources, and hiking and biking
trails.
3. Description of the impacts and net effect of the proposed project on present
and potential recreational opportunities and revenues to the local economy
derived from those uses.
L. Environmental Impact Analysis. Description of the existing natural environment and
an analysis of the impacts of the proposed project to the natural environment.
Descriptions in this section shall be limited to the impact area, and shall include an
analysis of existing conditions, supported with data, and a projection of the impacts
of the proposed project, in comparison to existing conditions. The analysis shall
include a description of how the applicant will comply with the applicable approval
criteria.
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1. Air quality.
a. Description of the airsheds to be affected by the proposed project,
including the seasonal pattern of air circulation and microclimates.
b. Map and description of the ambient air quality and state air quality
standards of the airsheds to be affected by the proposed project,
including particulate matter and aerosols, hydrocarbons, oxidants
and other chemicals, temperature effects, and atmospheric
interactions.
c. Descriptions of the impacts and net effect which the proposed
project will have on air quality during both construction and operation
under both average and worst case conditions.
2. Visual Quality.
a. A map and description of ground cover and vegetation, forest
canopies, waterfalls, and streams, or other natural features.
b. Description of viewsheds, scenic vistas, unique landscapes, or land
formations.
c. A map and description of buildings, structure design, and materials
to be used for the proposed project. Elevations of proposed
buildings and other structures shall be included.
d. Descriptions of the impacts and net effect which the proposed
project will have on visual quality.
3. Surface Water Quality.
a. A map and description of all surface waters, including applicable
State water quality standards, to be affected by the proposed
project.
b. Descriptions of the immediate and long-term impact and net effects
which the proposed project will have on the quantity and quality of
surface water under both average and worst-case conditions.
c. Descriptions of the immediate and long-term impacts and net effects
which the proposed project will have on the meandering
characteristics and limits of the streambed under both average and
worst-case conditions.
4. Groundwater Quality and Quantity.
a. A map and description of all groundwater, including any and all
aquifers,which are affected by the proposed project. At a minimum,
the description shall include:
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1) Seasonal water levels in each subdivision of the aquifer
affected by the proposed project.
2) Artesian pressure in aquifers.
3) Groundwater flow directions and levels.
4) Existing aquifer recharge rates and areas, and the
methodology used to calculate recharge to the aquifer from
any recharge sources.
5) Existing groundwater quality and classification.
6) Location of all water wells and their uses.
b. Description of the impacts and net effect of the proposed project on
groundwater.
5. Wetlands and Riparian Areas.
a. A map and description of all floodplains, wetlands, and riparian
areas to be affected by the proposed project, including a description
of each type of wetlands, species composition, and biomass.
b. Description of the source of water interacting with the surface
systems to create each wetland (i.e., side-slope runoff, over-bank
flooding, groundwater seepage, etcetera).
c. Description of the impacts and net effect that the proposed project
will have on the floodplains, wetlands, and riparian areas.
6. Terrestrial and Aquatic Animals and Habitat.
a. A map and description of terrestrial and aquatic animals, including
the status and relative importance of game and non-game wildlife,
livestock and other animals, a description of stream flows and lake
levels needed to protect the aquatic environment, and description of
threatened or endangered animal species and their habitat.
b. A map and description of the critical wildlife habitat and livestock
range to be affected by the proposed project, including migration
routes, calving areas, summer and winter range, and spawning
beds.
c. Description of the impacts and net effect which the proposed project
will have on terrestrial and aquatic animals, habitat, and food chain.
7. Terrestrial and Aquatic Plant Life.
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a. A map and description of the terrestrial and aquatic plant life
including the type and density, and threatened or endangered plant
species and habitat.
b. Descriptions of the impacts and net effect which the proposed
project will have on terrestrial and aquatic plant life.
8. Soils, Geologic Conditions and Natural Hazards.
a. A map and description of the soil, geologic conditions, and natural
hazards including, but not limited to, soil types, drainage areas,
slopes, avalanche areas, debris fans, mud flows, rock slide areas,
faults and fissures, seismic history, and wildfire hazard areas.
b. Descriptions of the risks to the proposed project from natural
hazards.
c. Descriptions of the impact and net effect of the proposed project on
the soil and geologic conditions in the area, and their effects on
streambed meander limits and aquifer recharge areas.
M. Nuisance. Descriptions and maps showing the range of noise, glare, dust, fumes,
vibration, and odor levels caused by the proposed project, and indication of their
significance.
N. Areas of Paleontological, Historic, or Archaeological Importance.
1. A map and description of all sites of paleontological, historic, or
archaeological interest.
2. Description of the impacts and net effect of the proposed project on sites of
paleontological, historic, or archaeological interest.
O. Hazardous Materials Description.
1. Description of all hazardous, toxic, and explosive substances to be used,
stored,transported, disturbed, or produced in connection with the proposed
project, including the type and amount of such substances, their location,
and the practices and procedures to be implemented to avoid accidental
release and exposure, and any foreseeable impacts to the environment of
such substances.
2. Location of storage areas designated for equipment, fuel, lubricants, and
chemical and waste storage, with an explanation of spill containment
measures.
P. Transportation Impacts.
1. Description of the impacts the proposal will have upon transportation
patterns in the area intended to be served or affected by the proposed
project through the submittal of a traffic impact analysis of the proposed
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transportation facilities. The traffic impact analysis shall include, but not be
limited to, the following:
a. Identification of the facilities required to support the existing and
future land uses being served by the proposed transportation facility.
b. The traffic model data, verifying consistency with the regional
transportation plan, the Colorado Department of Transportation
(CDOT) Statewide Transportation Improvement Program (STIP),
and the regional Transportation Improvement Program (TIP).
c. The existing and proposed traffic volume impacts to the adjacent
road system, including local roads.
d. The existing and future Level of Service (LOS) and capacity of the
transportation facilities before and after the proposed project is
completed.
e. All transportation access information,as required by the CDOT State
Highway Access Code, 1998 revisions, or the most current edition
thereof.
Q. Balance Between Benefits and Losses.
1. Description of the foreseeable benefits of natural, agricultural, recreational,
range or industrial resources within the County, and the opportunities to
develop those resources in the future.
2. Description of the foreseeable losses of natural, agricultural, recreational,
range or industrial resources within the County, and the loss of opportunities
to develop those resources in the future.
R. Monitoring and Mitigation Plan.
1. Description of all mitigation for the proposed project.
a. Describe how and when mitigation will be implemented and
financed.
b. Describe impacts which are unavoidable and cannot be mitigated.
2. Description of the methodology used to measure the impacts of the
proposed project and the effectiveness of proposed mitigation measures.
3. Description, location, and intervals of proposed monitoring, to ensure that
mitigation will be effective.
S. Benefit/Cost Analysis. Submittal of a benefit/cost analysis of the proposed project,
and identification of the distribution of the burden of the cost for the proposed
improvements, including cost to adjacent state or local jurisdictions.
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T. Fees. Application costs and referral fees.
Sec. 21-4-510. Specific Application Submittal Requirements for Site Selection of Arterial
Highways, Interchanges and Collector Highways (Including Private Toll Roads and Toll
Highways).
In addition to the materials required for all applications, an applicant requesting a permit for
site selection of arterial highways,interchanges,and collector highways(including private toll roads
and toll highways), shall submit the following materials:
A. A list of alternative corridor locations for the arterial highway, interchange or
collector highway(including private toll road and toll highway).
B. For each alternative corridor location being considered by the applicant, including
the preferred alternative, the information specified below shall be provided:
1. A general description of the alternative, with the advantages and
disadvantages of the alternative.
2. A location map showing the corridor and general area.
3. A corridor location study, including:
a. Type and scale of the improvement.
b. Cost estimate.
c. Approximate timetable for construction and right-of-way acquisition.
4. Demographic information in the impact area, including:
a. Estimated current population number and density.
b. Total employment, occupation types, and major employer locations.
c. Family incomes.
d. Population projections in increments as determined by the applicant,
and approved by the permit authority, not to exceed a 20-year
increment.
e. Boundaries of neighborhoods in the impact area.
5. A description of the current and projected need for the proposed project.
6. A quantification of the amount of traffic by major traffic generators in the
impact area.
7. A description of the planned level of service, in relationship to the projected
user demand, in ten (10) year intervals.
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8. A map(s) and description of existing land use in the impact area in
relationship to the existing circulation system and the proposed project.
9. A description of the impacts of the proposed project regarding accessibility
to and from existing public facilities, commercial and industrial facilities, and
residential areas.
10. A description of the safety hazards which may result from the location of the
proposed project.
11. A map(s) of the impact area showing planned, proposed, or expected land
use with, and without, the proposed project.
12. A discussion of how the proposed project and its impact will be in
conformance with the Comprehensive Plan, including each policy or goal
furthered by the proposed project, and a description of where the proposed
project conflicts with a policy or goal.
13. A discussion of how the proposed project and its impact will be in
conformance with any applicable regional and state plans, including,without
limitation, each policy or goal furthered by the proposed project, and a
description of where the proposed project conflicts with a policy or goal.
14. A discussion of the development potential which will result in the impact area
with, and without,the completion of the proposed project. The development
potential shall be measured in terms of: land values, land availability, land
use controls,vacancy rates and indices of accessibility to school/education,
utility service, other public and quasi-public services, local and regional
amenities, and employment opportunities.
15. A description of the projected number of users of the proposed project.
16. A description of the plans for complementing and integrating with other
modes of transportation.
C. A description of all federal highway standards which apply to the proposed project.
D. Phasing of the proposed project.
E. A description of plans for relocation and compensation of homes and businesses.
Sec. 21-4-520. Specific Application Submittal Requirements for Areas Around Arterial
Highways, Interchanges, and Collector Highways (Including Private Toll Roads and Toll
Highways).
In addition to the materials required for all applications, an applicant requesting a permit to
develop in an area around an arterial highway, interchange, or collector highway(including private
toll road and toll highway), shall submit the following materials:
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A. Four copies of plans certified by a professional engineer or land surveyor,
registered in the State of Colorado, locating the proposed development with respect
to the following:
1. The boundaries of the designated interchange area and the zones within.
2. The location and nature of existing or approved developments within the
interchange influence area.
3. The location of all existing or proposed accesses, driveways, and curb-cuts
within the interchange influence area.
4. The location and nature of the proposed project.
B. A report detailing the maximum traffic volume which the interchange and the access
road are designed to handle, the existing traffic volume of the interchange and the
access road, and the estimated increase in traffic volume attributable to the
proposed project.
C. A description of the increased need for governmental services, which is directly
attributable to the proposed project.
D. A description of existing population and development patterns within the
interchange influence area, and the influence of the proposed project on the
development patterns and population trends.
Sec.21-4-530. Specific Submittal Requirements for Site Selection of Mass Transit or Rapid
Transit Terminals, Stations, or Fixed Guideways.
In addition to the materials required for all applications, an applicant requesting a permit for
the site selection of mass transit or rapid transit terminals, stations, and fixed guideways shall
submit the following materials:
A. A general narrative description, stating whether the proposed facility is a station,
terminal, fixed guideway, or other rapid or mass transit facility. The narrative
description shall describe the location of the proposed facility, including
intersections, towns, existing and planned facilities, and landmark features. The
narrative description shall also describe the impacts of the facility, and associated
activities, on the character of the area and its peculiar suitability for particular uses
with a view to conserving the value of buildings and encouraging the most
appropriate use of land throughout the unincorporated area of the County.
B. A list of alternative corridor locations considered for the facilities.
C. For each alternative corridor location being considered by the applicant, including
the preferred alternative, the information specified below shall be provided:
1. A general description of the alternative, with the advantages and
disadvantages of the alternative.
2. A location map showing the corridor and general area.
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3. A corridor location study showing:
a. Type and scale of the improvement.
b. Cost estimate.
c. Approximate timetable for construction and right-of-way acquisition.
4. Demographic information in the impact area:
a. Estimated current population number and density.
b. Total employment, occupation types, and major employer locations.
c. Family incomes.
d. Population projections in increments as determined by the applicant,
and approved by the permit authority, not to exceed a 20-year
increment.
e. Boundaries of neighborhoods in the impact area.
f. Economic sectors in the service area which will use the facility for
shipping materials.
5. A description of the current and projected need for the alternative.
6. A description of the impacts of the proposed project on accessibility to and
from existing public facilities, commercial and industrial facilities, and
residential areas.
7. A description of the safety hazards which may result from the location of the
proposed project.
8. A map(s) of the impact area showing planned, proposed, or expected land
use with, and without, the proposed project.
9. A discussion of the development potential which will result in the impact area
with, and without, the completion of the proposed project. The development
potential shall be measured in terms of: land values, land availability, land
use controls,vacancy rates and indices of accessibility to school/education,
utility service, other public and quasi-public services, local and regional
amenities, and employment opportunities.
10. A description of the projected number of users of the proposed project.
11. A description of the plans for complementing and integrating with other
modes of transportation.
D. A description of plans for relocation of, and compensation for, homes and
businesses.
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E. A map and description of the existing and planned circulation system in the
proposed service area, indicating the modes, level of service, and any functional
problems.
F. If the proposed facility is a fixed guideway, the application shall also include:
1. A description of the type of motive power which will be used to propel transit
vehicles along the guideway, and the maximum anticipated speed of the
transit vehicles along different segments of the system.
2. Maps showing the proposed right-of-way.
3. The minimum and maximum passenger capacity of the transit vehicles
which will travel on the guideway, and the anticipated frequency or
scheduling of guideway use.
4. The maximum proposed grade of the guideway and the maximum curvature.
Proposed curves in excess of ten degrees shall be indicated on the map.
5. Identification of all buildings or other structures which must be removed in
order for the proposed guideway to be built.
6. A plan for preventing collisions at points where the proposed guideway
crosses other transportation corridors.
7. A study which describes and analyzes the effects of noise and vibration on
surrounding property owners, with particular emphasis on residential land
uses.
G. If the proposed facility is a station or terminal associated with a mass transit or rapid
transit system, the application shall also include:
1. A passenger impact analysis, including the number of vehicle trips
associated with the station, or terminal at, or just before, any scheduled
departure, the number of passengers which will likely ride only one way on
any given day,l and the number of passengers which may be expected to
bring baggage, recreational equipment, tools, or other material.
2. The anticipated schedule of departures and arrivals at the station or terminal
and the expected capacity of each transit unit.
3. The maximum length of any train that which serve the station or terminal,
excluding propulsion units.
4. Basic floor plans and architectural sketches of each proposed building or
structure, together with a site map showing the relative location of each
building or structure.
5. A map of all roadways, parking areas with parking requirements, and other
facilities, showing details such as width, layout, traffic flow, pavement
markings, and traffic control devices.
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6. Identification of all buildings or other structures which must be removed in
order for the proposed station or terminal to be built.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code;and to resolve any inconsistencies regarding
capitalization,grammar, and numbering or placement of chapters,articles,divisions, sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2008-1 was, on motion duly made and
seconded, adopted by the following vote on the 14th day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
Robert D. Masden, Pro-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
Publication: February 13, 2008
First Reading: March 3, 2008
Publication: March 12, 2008, in the Fort Lupton Press
Second Reading: March 24, 2008
Publication: April 2, 2008, in the Fort Lupton Press
Final Reading: April 14, 2008
Publication: April 23, 2008, in the Fort Lupton Press
Effective: April 28, 2008
2008-0907
PAGE 30 ORD2008-1
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