HomeMy WebLinkAbout20013258.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Code Ordinance Number 2001-6 was
introduced on first reading on September 12, 2001, and a public hearing and second reading
was held on October 1, 2001, then continued to October 8, 2001. A public hearing and final
reading was completed on October 29, 2001, with no change being made to the text of said
Ordinance, and on motion duly made and seconded, was adopted. Effective date of said
Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru
Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
ORDINANCE NO. 2001-6
ORDINANCE TITLE: IN THE MATTER OF ENACTING CHAPTER 21, AREAS AND
ACTIVITIES OF STATE INTEREST (SECTION 1041 REGULATIONS), OF THE WELD
COUNTY CODE
EFFECTIVE DATE: November 12, 2001
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 29, 2001
PUBLISHED: November 7, 2001, in the Tri-Town Farmer and Miner
2001-3258
Affidavit of Publication
STATE OF COLORADO
County of Weld SS.
I A. Winkler Riesel of said County of Weld being
duly sworn,say that I am publisher of
FARMER&MINER
that the same is a weekly newspaper of general
circulation was printed and published in the town of
FREDERICK
in said county and state that the notice of
advertisement,of which the annexed is a time copy has NOTICE Of
been published in said weekly newspaper for FINAL READING OF
ORDINANCE
ONE consecutive weeks: that the notice was
published in the regular and entire issue of every PursuanttotheWeldCounty
number of said newspaper during the period and time Home Rule Chaney. Code
of publication of said notice and in the newspaper Ordinance Number ZOOM
was Introduced on first
proper and not in a supplement thereof: that the first reading on September 72.
publication of said notice was contained in the issue of 2001.and a public hearing
said newspaper bearing the date of and second reading was
NOVEMBER 7 A.D.2001 and the last publication helda1Octcber1.2001,tten
thereo in the issue of said newspaper, bearing date, continued to October B,
the_7111-day of NOVEMBER 2001 that the said 2031. A pubic hearing and
Mdread ngwasconpleted
FARMER &MINER onOctober29,20M,with no
change being mode to The
has been published continuously and uninterruptedly ' text of sad Ordnance,and
during the period of at least fifty-two consecutive an motion duly mode and
weeks next prior to the first issue thereof containing Eeconded, was adopted.
Effective•date of said
w
said t notice d orw advertisement a ti referred o: and OranuweIs listed below.
that said newspaper was at the time of each of the
publications of said notice duly qualified for that Any backup material,
purpose within the meaning of an act entitled. "An exhibits or Information
Act Concerning Legal Notices, Advertisements and prevtanly submitted to the
Publications and the Fees of Printers and Publishers Board of County
thereof, and to Repeal all Acts and Parts of Acts in Dommoermayrs contemned
Conflict with the Provisions of this Act" approved in the oece of the
narvk o
PP the office of Clerk to
April 7, 1921, and all amendments thereof, and the Board of County
particularly as amended by an act approved, March Commissioners, located In
30 2 ,and an act Davy ed ay 13..-643 L • the WeldCountyCentennial
Center,
91510th Street.Third
Floor, Greeley, Colorado,
between the hours of B:00
""--P a.m.and 5:00 p.m..Monday
Publisher -thru Friday, or may be
accessed through the Weld
County Web Page
Subscribed and sworn to before me this 7th day of (v.ww.co.wed.co.us).E-Ma
messages sent to an
NOVEMBER. A.D. 2001 indviaral Commissioner
not be included in the case
tile. To ensure inclusion of
your E-Maicorrespondence
hbttecas Ne, M plermese
•
copy
a c 'to
'charcling@co.weidZat.16.
ORDNANCE NO. 2001-6
Notaryfr
ORDNANCE 11TtE: N THE
MATTER OF ENACTING
CHAPTER 21, AREAS AND
ACTIVITIES OF STATE INTEREST
(SECTION 1041
REGULATIONS).OF THE WELD
Fr.LU' E�a..y..?\ I COUNTY CODE
sp4� PCB`II EFFICINE DATE: November
%‘.." '".O• I II 122001
f%JAMIE WELD COUNTY.
1 YBARRA I it DATED: October 2O 2001
dr.•
PUNISHED: November 7,
q.47`...
• 2001,kn the Trl-Town Former
I
C and Minot c OF C0tO
PubWnatl In the Father &
1k sm... — Miner November 7,2001.
My Commission Expires
Decanter 27,2001
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Code Ordinance Number 2001-6 was
introduced on first reading on September 12, 2001, and a public hearing and second reading
was held on October 1, 2001, and continued to October 8, 2001, with changes being made as
shown below. A public hearing and third reading is scheduled to be held in the Chambers of
the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631 on
October 29, 2001. All persons in any manner interested in the next reading of said Ordinance
are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru
Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
ORDINANCE NO. 2001-6
ORDINANCE TITLE: IN THE MATTER OF ENACTING CHAPTER 21, AREAS OF
ACTIVITIES OF STATE INTEREST (SECTION 1041 REGULATIONS), OF THE WELD
COUNTY CODE
DATE OF NEXT READING: October 29, 2001, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 8, 2001
PUBLISHED: October 17, 2001, in the Tri-Town Farmer and Miner
* * * * * * * * * * * * * *
CHANGES MADE TO CODE ORDINANCE#2001-6 ON SECOND READING
(Strikeout (text deleted) depicts deletions, Redline 0,47:Pt:) depicts additions)
21-2-220. Consultants.
A. If the County does not have qualified staff to review certain elements of an application or
referral agencies are not able to adequately advise the County re•ardin, certain
elements of an application, the Board of County Commissioners ' e
D,,:**M'
may authorize the review to be ?erformed b a consultant enq a ed for such
,purpose b the Plannin. Department m
Fe
SI§ t e , W s -{ , . , w a «- II fees for such consultant shall be
paid for b the applican . r - " . . .r „,,Jeiggrawyksimai
the i M. In determining its need for engagement of a consultant, the Planning
Department may consider the technical expertise which is available from the applicant,
but the Planning Department reserves the right to engage any independent consultant.
If the Planning Department proposes to engage a consultant, the Planning Department
shall prepare a written summary which shall describe the proposed scope of the
consultant's engagement, the qualifications of the consultant, the identity of the
consultant, if known, and the estimated cost of the consultation. This summary shall be
made available to the applicant and the applicant shall be given a reasonable
opportunity to comment on the proposal, which comments shall be considered by the
Planning Department, but shall not be binding on it. The Planning Department shall then
respond to the applicant as to the terms of the consultant's engagement, and the
applicant shall have a reasonable opportunity to withdraw the application as an
alternative to going forward with the application under such terms. The applicant may
request that any decision to engage a consultant$fi::" l °� Mt • 14be
reviewed by the Board of County Commissioners.
21-2-230. Waiver of Submission Requirements.
The Planning Department may waive any part of the submission requirements which are not
relevant to the decision on the application, or which the applicant convinces the Plannin
De.artme�n�y,t�are
�unre.}aso�namblly burdensome i for the applicant�1 •• 1� ��' 1 �
-1r". 64-hiveteen.adde .....: ;T 9Ai�i„..�.. ;i, ? 1.:I w B= �m '� a�. ', tif� '
21-2-260. Duties of Department of Planning Services.
A. (NO CHANGE)
B. Upon determination that the application submittal is complete, the Department of
Planning Services shall:
1. Set a Planning Commission hearing date . ; ' JJnot more than thirty (30) days
after the complete application has been submitted.
2. (NO CHANGE)
3. Give notice of the application and the public hearing date to those persons listed in
the application as owners and lessees of the mineral estate on or under the parcel
under consideration. Such notification shall be mailed, first class, not less than ten
(10) days before the scheduled public hearing. Such notice is not required by state
statute and is provided as a courtesy to the owners and lessees of the mineral
estate on or under the parcel . Inadvertent errors by the applicant in supplying
such list or the Department of Planning Services in sending such notice shall not
create a jurisdictional defect in the hearing process, even if such error results in the
failure of a surrounding property owner to receive such notification.
4. a. throw h f. NO CHANGE
,,..;
if
o� m 3 m I z 4 • �. a
0dieetiEl.t
Swat(
t � m A g � i) �
.urity Co . a - s m m r i e o e t t I , �`� a TI i e a_
•
elW" E�]yo?o o . o > e 414V i':::1 It. . z m a > oor • , o
616603 'a a m m e m^a a •o a iat Pri § rt m o
Ther ',&' Pdixi i Pf�x s6
e _ _ O 6 'lo m s; e ' e o
t n �, ! :. c o ( - o c 1 ® >o ' '�6 . t 1.B ; a o m e
Q�.� _e..�..s{a_+• a o ac m> H=oe 1p . o a r� ;> 0
21-2-300. Permit Hearing Before Planning Commission.
A. The Planning Commission shall hold a hearin. to consider the application for the
Section 1041 Permit = _ ,,m_ ,;:;» « t ;;. The Planning Commission
shall provide recommendations to the Board of County Commissioners concerning the
disposition of the request. The Planning Commission shall approve the request for the
Section 1041 Permit only if it finds that the applicant has met the standards or conditions
set forth in the Section 1041 Regulations governing the area or activity of state interest
involved in the application, as set forth in the Article of this Chapter 21 applicable to
each such area or activity of designation. The burden of proof shall be upon the
applicant to show compliance with such standards or conditions.
B. The Secretary of the Planning Commission shall forward the official recommendation of
the Planning Commission and the information contained in the official record, which
includes the Department of Planning Services case file, to the Clerk to the Board within
• ,ten ( 1-0) days after said recommendation has been made.
C. If the Planning Commission recommendation is conditional upon the applicant
completing certain specified items prior to the publication of the notice for the hearing by
the Board of County Commissioners, the ten-day period shall commence upon
submission of the items by the applicant to the Department of Planning Services.
21-2-310. Permit Hearing Before Board of County Commissioners.
A. The Board of County Commissioners shall:
1 through 4 (NO CHANGE)
5. Arrange for the Department of Planning Services to •ost a sign on the property
under consideration for a Special Review;:,, m W 1Permit according to the
requirements of Section 21-2-2606.4 of this Article.
B. The Board of County Commissioners shall hold a public hearing to consider the
application and to take final action thereon. In making a decision on the proposed
request, the Board of County Commissioners shall consider the recommendation of the
Planning Commission, and from the facts presented at the public hearing and the
information contained in the official record which includes the Department of Planning
Services case file, the Board of County Commissioners shall approve the request for the
Section 1041 Permit only if it finds that the applicant has met the standards or conditions
set forth in the Section 1041 Regulations governing the area or activity of state interest
involved in the application, as set forth in the Article of this Chapter 21 applicable to
each such area or activity of designation. The burden of proof shall be upon the
applicant to show compliance with such standards or conditions. The Board of County
Commissioners shall reach a decision on a permit application within ten thirty (130)
days after the completion of the •ermit heann• or the •ermit shall be deemed
[ 1on§1 1n 'g W ' _ W r such
rrmis
�• t n� �a I 'Girt �o ° e _ ..�_. [ &! nub the Boa of
[10i ers y� '' as - a 7 on th r f, in ttt ..
u ' lt tam. #t t a r s
C. Where reasonable methods or techniques are available to mitigate any negative impacts
which could be generated by the proposed request upon the surrounding area, the
Board of County Commissioners may condition the decision to approve the Section
1041 Permit upon implementation of such methods or technicues and may require
sufficient performance guarantees , to be posted with
Weld County to guarantee such implementation, as set forth in Section 21-2-410 of this
Article.
D and E. (NO CHANGE)
21-2-330. Judicial Review.
Any action seeking judicial review of a final decision of the Board of County Commissioners
shall be initiated within thirty (30) days after the decision is made, in the District Court in and for
Weld Coun pursuant to Rule 106 of the Colorado Rules of Civil Procedure S• . «,3
• � y�
6 a 1 .. 3 • � L. • ""4 a s a m e(9 $� r: a 4 1 e
p� w l ve
et 3, r",, '.', 0o c • 9 ._ :1:
21-2-420. Revocation or Suspension of Permits.
A. In the event the Board of County Commissioners has reason to believe that the
provision of any permit or the terms of any regulation for administration have been
violated by the holder of the permit, the Board may temporarily suspend the permit for a
period of thirty (30) days. Before imposing such a temporary suspension, the Board
shall give the permit holder written notice of the specific violation and shall allow the
permit holder a ; x+ period of$ ,
at least fifteen (15) days to correct the
violations. It the permit holder does not concur that there is a violation, he shall, within
fifteen (15) days of his receipt of such notice, show cause to the Board why temporary
suspension should not be ordered. A hearing shall be held within said thirty (30) day
period pursuant to the following subsection.
21-2-530. Nonconforming Uses.
The provisions of these Section 1041 Regulations shall not apply to any nonconforming
use , and then only to the extent such use existed on the date the area is designated or
subjected to these Section 1041 Regulations. When such a nonconforming use shall be
discontinued for six (6) months or more or a nonconforming structure is damaged or destroyed
to the extent of at least fifty(50) percent of the appraised value, any reuse, reconstruction, or
replacement of such structure shall be deemed a new use and shall be subject to the provisions
of these Section 1041 Regulations. Any expansion of a nonconformin. use shall be fully
sub ect to these Section 1041y{¢Requla(tions� ��sp� j •a �° «. !�
I _,n ' , �LC[44t74i 'Yi"T!°et • . . • °':: a 8
,; For the purposes of this Section, a "nonconforming use" shall be defined as a use that
does not conform to a provision or requirement of this Chapter 21, but was lawfully
established prior to the time of its applicability.
21-3-100. Purpose and Intent.
The purpose and intent of the regulations contained in this Article III are:
A through F (NO CHANGE)
G. To re.ulate the site selection and construction of major facilities of a •ublic utilit to
g=outia (a �,,,,�,,€..i� r�� :z p w may
haeWi tdS r > ,. . g.. a•, a ,, ® m• ° tf prevent
significant deterioration or degradation of existing environmental quality in Weld County.
H. (NO CHANGE)
I To re•ulate the site selection and construction of major facilities of a •ublic utility to
d *him
t�° w ®u Nita., n� the health and welfare of the citizens of Weld County.
21-3-110. 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 major facilities of a public utility shall be
construed to have the meanings set forth as follows
A. Appurtenant facilities: Any buildings, structures or other property which are
clearly incidental to, and customarily found in connection with major facilities of public
utilities and are operated and maintained for the benefit or convenience of the
occupants, employees, customers or visitors of such major facilities.
B. Maior facilities of a public utility means the following (This definition t«,' `°P. applies to
all electrical utilitie �Ih regardless of whether the are sub ect to the urisdiction of
the Colorado Public Utilities Commission, which seH ® ° • �'
electrical sower to entities • f try
azr-_x s �s. ,z_rp�N ot. :a�; i.aon-
- P'I W a a- .ti.idoirliAsPe:"7:1P4- )
1 and 2 (NO CHANGE)
3. Any other appurtenant facilities of a public utility which in the opinion of the Board
either by itself or in conjunction with other major facilities of a public utility are likely
to cause a major impact upon the health, welfare, or safety of the citizens of Weld
County, or upon the physical, social, or economic environment of Weld County or
this region.
C. Mitigation means:
1, 2, 3, and 5. (NO CHANGE)
4. Compensating for the impact by replacing or providing suitable biological and/or
physical conditions; and by replacing or providing suitable public services and
facilities ._;.
D through J. (NO CHANGE)
21-3-300. Prohibition on Site Selection and Construction of a Major Facility of a Public
Utility Without Permit.
A. No person may locate er y; construct a major facility of a public utility wholly or
partially within the unincorporated portions of this County without first obtaining a permit
pursuant to these Section 1041 Regulations.
B. No local authority, including Weld County, may issue a building permit for purposes of
selecting a site for Of constructing a major facility of a public utility wholly or partially
within the unincorporated portions of this County without the applicant first having
obtained a permit pursuant to these Section 1041 Regulations.
21-3-320. Pre-application Conference.
A Prior to formal filmc of the application, the applicant shall confer with the n
,**Planning Department to obtain information and guidance.
The purpose of such a conference is to permit the applicant and the staff to review the
proposal informally.
B. (NO CHANGE)
C. Any comments or commitments made b„an member of the County administration
jj ifeh* ® during this pre-application conference
are only preliminary in nature and should not be relied upon by the applicant. All
prospective applicants should 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 and E. (NO CHANGE)
21-3-330. Application Submittal Requirements.
A. (NO CHANGE)
B. Submittal requirements for all applications for a development permit for a major facility
of a public utility, where applicable:
1. through 1.d. (NO CHANGE)
2. The applicant must provide the following information concerning title of the project
site, which shall be the entire proposed alignment or corridor under consideration at
the time of the application for transmission line and pipeline projects:
a. (NO CHANGE)
b. The planned access to the project site and the means the applicant intends to
use to obtain a legal right to utilize such access, including copies of any access
or right-of-way agreements i entered into by the date of the
application for such access.
c. and d. (NO CHANGE)
3. Section 1041 Permit Map:
a. through b. (NO CHANGE)
c. The ma shall include certificates for the property owner's signatures = j
, the Planning Commission, the Board of County Commissioners
and the Clerk to the Board. The required content of the certificates is available
from the Planning Department.
d. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit
Plan Ma..
i. The « scale of the vicinit maa shall be s..“_ mat tt
w .
161S1t6110. �. a °a fa a 9 l ° a �p •' a im ® e'r.€e“
one 1 inch equals six hundred 600 feet or at another suitable
scale if approved by the Manning Dcpartment.
ii. The vicinity map shall delineate all of the required information within a one-
half '/z mile radius of the property ifl-:�e1� 4 , ,proposed for
the ��_iij Use by Spcciol Rcvicw.
iii. The following information shall be shown on the vicinity map:
• Section, township and range.
• Scale and north arrow.
• Outline of the .erimeter of the parcel proposed for thesite.
e-tiNitVq.:,a x :��' c . ": a
8 .8t9 .iBt
• The general classifications and distribution of soils over the parcel under
consideration. Soil classification names and agricultural ca abili
classifications must be noted in the le.end.
�k°'" lF� L Wit$
•
• Locations and names of all k, roads, irrigation ditches and water
features.
• Location of all residences within a one-half-mile radius, existin. and
iv
.ro osed accesses to the property proposed for the facility
Sit
i " i , any abutting subdivision outlines and names, and the
boundaries of any adjacent municipality.
• Any other relevant information within a one-half-mile distance of the
perimeter property proposed for the facility as may be reasonably
required by the County to meet the intent and purpose of this Chapter 21.
4. Plot Plan. A plot plan of the facility area shall be drawn on the Section 1041 Permit
Map.
a. ji1:nn'tt1:IItIIP. L
cale of the plot plan shall be = o- r= . o- �
6 Iy. o` B M. ,:8 b 8 i . 9 _... _.•ti9 one inch (1") equals one hundred feet (100) or at another suitable scale
if approved by the Planning Department.
b. The plot plan shall outline the boundaries of the parcel being considered for the
facility.
c. The plot plan shall include the location and identification of all of the following
items which are presently existing within a two-hundred foot (200') radius of the
boundaries of the Section 1041 Permit area as well as within the area itself• it
shall also include the proposed features and structures of the facility
•
i. through vi. (NO CHANGE)
vii. Topography at two foot contour intervals or at intervals as determined
necessa bo- the Planning De artment .�1 . `
p ®: as w .: e�ar..� � � ,. a ae :� 9l a. �i'�� §• � ' ° 1 ��, :.,:.,,.
viii. (NO CHANGE)
ix. Location and desi•n of storm water management devices or structures
x. Com.lete traffic circulation and parking plan showing locations and sizes
xi. Location, amount, size and .e of an .ro•osed landsca.in fencing, walls,
berms or other screryenyinc ;hag = tj3•P'+ ac ' 9 tt m a
_ a....�°�tl!k � Nt9AFtd��.! S- • _ .._..
xii. and xiii. (NO CHANGE)
5. The following items and information:
a. Description of the present use and zoning.
b. A sketch e : • showing the following:
i. If a power plant is proposed, the area within fifty ten (tm ) miles from the
site.
ii. +1 -n - transmission lines or of elines provide ma. showing
all existing transmission lines 3 P
..., .. ,::. � , pipelines =si,,12;
for a distance of two miles beyond any reasonable
alternative studied.
c. For u..rades of existing transmission lines or gas pipelines
WT. -. xa 17,e), provide a sketch showing all existing transmission
lines and pipelines within one mile on either side of the proposed alignment.
d. For all other major facilities of a public utility, provide a sketch showing the area
within ten ( +0) miles of the site if another major facility is proposed.
e. Type of facility- specify where applicable:
i. Approximate floor space of office building. (Renumber remaining
paragraphs)
i. through ii. (NO CHANGE)
•iv. The functions and sizes of substations.
p tinit.Nh . «, he diameters and lengths of pipelines.
v. through viii. NO CHANGE)
rz i . i :80iip8r
9i9...e ffiy' 0� b e Ol 0 . 0'�_tliVfY+�'
f. Projected development schedule:
i. through iv. (NO CHANGE)
v. Describe support facilities (e.g., pollution control, parking areas, landscaping,
ctc.) to be provided.
vi. Describe any feasible "non-structural" alternatives to meet the objectives of
the proposed site selection and construction.
g. through j. (NO CHANGE)
k. Total acreage of the parcel is _ = i - under consideration.
I. Existing land use of the parcels,,E i •i, w=g= ®. under consideration.
m. Existinc land uses of all properties adjacent to said parcel a
n. and o. (NO CHANGE)
6. through 10. (NO CHANGE
11. Analysis of } ¢_ structural alternatives to the project such as alternate
locations and routes, alternative types of facilities, use of existing rights-of-way,
joint use of rights-of-way with other utilities, and upgrading of existing facilities.
12. through 17. (NO CHANGE)
C. Specific submittal requirements. These additional requirements shall be imposed on the
applicant by the Planning Department, in such Department's sole discretion, it the
Planning Department determines that the need for the additional information is
warranted by the size and scope of the proposed project in order for the Board of
County Commissioners to make an informed decision on the application. It is the
intention of these Regulations that the following information shall be required only it I
the proposed project is of such size and scope that it is reasonably likely to have
significant environmental or social impacts on Weld County residents or lands.
1. Detailed description of the need for the proposed development or activity, including
but not limited to:
a. through c. (NO CHANGE)
d. If the proposal is for construction of a new facility and the capacity of that facility
exceeds a ten (10) year projected increase in demand, a detailed explanation of
the excess service capacity and the cost of the excess capacity.
(renumber remaining paragraphs.)
2. Environmental impact analysis.
a. (NO CHANGE)
b. Information regarding other utility facilities.
i. A map showing each existing major facility of a public utility within the County
of the type proposed for development.
ii. The design capacity of each such facility, the excess capacity of each such
facility, and the percentage of capacity at which each such facility operates.
iii. Whether present facilities can be upgraded to adequately accommodate a
ten (10) year projected increase in demand for services to be offered by the
proposed project.
c. Water resources:
i. through ii. (NO CHANGE)
w Describe proposed sewage treatment facilities and non-point source controls
iv. Describe pollutant loads (point and non-point sources) ex ected directly from
the development. Specify seasonal variations bro.
v. Describe the proposed water system, q _ including:
• (NO CHANGE ON BULLETS)
d. Air quality rl
i. (NO CHANGE)
ii. Describe atmospheric and meteorologic conditions in the impact area, and
the background ambient air quality{T0P 002, HC, CO NOX, 03, etc.).
Hi. Describe pollutant outputs anticipated from thedevelopment
rsuF r'm:
and mitigation strategies aftlIOYMilnEgr.
e. Significant environmentally sensitive factors:
i. Identify and locate on a map of appropriate scale the juxtaposition of any of
the following features present in the proposed development or activity and its
vicinity, and detail the potential impact of the proposal upon each feature:
• Marshlands and wetlands.
• Ground water recharge areas •
• (NO CHANGE ON REMAINING BULLETS)
f. Visual aesthetics and nuisance factors:
i Identify
t$.p ax,, Bdd �L.d.. tPe I -11--4
nr r^ i mri ,i 9 c e+^� y •a e e t
x ,
P.,... ..., F "® L:.. .9..,.,�. ,. : L.T , .... P._. a&&t ,9,n._�.. 9. gi 24,,.:® Fi I A;
noise pollution or obnoxious odors which may stem from the proposal.
ii. and iii. (NO CHANGE)
g. and h. (NO CHANGE)
3. Community impact analysis.
a. (NO CHANGE)
b. Impact on public finances:
i. Describe capital investment in facility; ,,,;,NA
ii. (NO CHANGE)
4. Applicants seeking a permit for the site selection and construction of pipelines or
storage areas shall submit the following additional documents and information:
a. Description of hydrologic conditions - surface (impact area).
i. through iii. (NO CHANGE)
iv. Provide data on chemical and biological quality, including BOD, dissolved 02,
free C02, PH, TOS, ph-th alkalinity, MO alkalini NH3, heavy metals and
other toxic or deleterious substances
b. Description of hydrologic conditions - subsurface (impact area e `
i. through v. (NO CHANGE)
5. (NO CHANGE)
D. (NO CHANGE)
21-3-340. Approval of Permit Application.
A. The Board of County Commissioners shall approve an application for permit for site
selection and construction of a major facility of a public utility (with reasonable
conditions, if any, in the discretion of the Board of County Commissioners) only if the
proposed site selection and construction coin'lies with the following cntena to the
extent applicable, r ` g i �G a dintentk 'tt s
SectionE j "jam} ! orth i a ! .,Lc?, -� a m y rely upon
fi �rovals o1442 ot , , . over the
crr (� lis ,, thi'r .... ct it ra .. _ t.......nat °.orsegula
1. and 2. (NO CHANGE)
3. All reasonable alternatives to the proposed action, including use of existing rights-of-
way and joint use of rights-of-way wherever uses are com.atible have been
adequately assessed and the proposed action tra{1 1414, • represents the best
interests of the people of Weld County and represents a ....,.. i Y4 the
best utilization of resources in the impact area.
4. and 5. (NO CHANGE)
6. The nature and location or expansion of the facility complements the existing and
reasonably foreseeable needs of the service area and of the area immediately
affected by the facility. (RENUMBER REMAINING PARAGRAPHS)
6 through 10. (NO CHANGE)
.+2. The nature and location of the facility or expansion will not unduly interfere with
any existing easementsi for or rights-of-way, for other utilities, canals, mineral
claims, or roads.
12. (NO CHANGE)
. The nature and location for expansion of the facility will not „s_ „interfere with
any significant wildlife habitat or adversely affect any endangered wildlife
species, unique natural resource or historic landmark within the impact area.
14. through 19. (NO CHANGE
The proposed project l.,a -r n f l ,will not present an unreasonable risk
of exposure to or release of toxic or hazardous substances within the impact
area. The determination of effects of the project shall include the following
considerations:
8222. The scope and nature of the proposed project will not create _
duplicate ', ` a services within the County.
sa . If the purpose and need for the proposed a roject are to meet the needs of an
increasing population within the County, , area and community development
: 5iand population trends demonstrate clearly a need for such development.
717,1' Frillzyi:(061E
liinTiMalial
e.A,. L,o.. s: t e� _ .F, . .... tabeing. . eby
oe ji€`sws
.� +gyp
w s . .., y" ;'Y`i'e t sib a 9 A 0 r I-
b t Y S 3 - - t6 �}a
® o ® .000 0 o I at ei i oo a !.41t P �n
, �/l ^ ® o E t y E
iii t 8 !8 8 i �B
I uuu�###"'��� �
cr-
gyp, I!,
lAt
�yti„.gs("1 Fa,,H„��W��ity�! ® a o . a a a ® .0 ' P -. O ' -� a a•I`
W R. E 4 MENd �"lE h 7 a o s EP a �' o o§ �r eiu
O x �i¢ re. ve o ao t . "7. e �' '� hk} �a E OF!itois1 h ar pos a s ` ►�. �. 'k � k d � ecial
st r ak t! c q x d �dr., a u
IE31tta $�raf� B'f@!�a{ 8 �+ y
Whetter p ® « +n #•4�II re i OOOti e' '. ;. k l
cos h Suu S�PIS7j E niI $i • , app► ton
n Haig �a ! ® r ®� E
'L �y2! `t! r y i � ' ! � i i `
vr�t�I�l �6�'�� I � ��#f#'�i���i�brii���� ������ � �� � "or
I Oho I , r� 6r S` 'W roman �}NO` 'a,;:„.1„,01,9,04.1*,„,„„, ,,,„:„°
di m° m st?peci R r� F` s Pt I "1'CdruO rythe
P � ` :1491,610,10.81y", wp d ° g try
m i „ ®a(;:b io}fl��t"'. k iiiii �RC0a yr (! �!gjfs i,Dy jays 1 t rl
bYl: 0 03 0 p. t,najt tfititird1reme!m be } . uiltr 4. a e a1iiY.,
p¢ ak 3
f •
NOTICE Of ■-2430• CarS.dt 21-2-260. Dunes of
=CND MADRID OF A. if The County Department of ties g 21-2-300. finerHeaing
ORDINANCE .ouni, t oesrotwcettc n lledsta/f
3 ip re law xre ah a ante s A.. ( O CHANGE) ter« A The arming
pursuant tome WBId,Code W en appYcatbn a is B. U P o n Comrl. T"hebil hold a
Hang Rule Number
Code Opt quc ore no 061e to determination_ the' 'hearing to consider the
Affidavit of Publication Ordinance 2031-6 adequately adviseng the application for the section
was introduced on first County regarding certain aPPllcatlon submittal Is
on September 12. complete,the Department 1041 Permit as described in
STATE OF COLORADO rpp1, n°, d a public hearing elements of an application, of Planning SeMces shalt Section 21.2-260 B.I. The
County of Weld SS. and second reading was the Beerel et--Getwey 1. planning Commission shall
Ce,.....iu.L.M en
.I Planning Set a Planning Commission provide recommendations
heltlon October 1.2001.and
continued to October 8. Deportment Director may hearing date to take place to the Board of County
I A. Winkler Riesel of said County of Weld being 2031 with changes being authorize the review to be rotmarethanthirty(30)doys ' Commissioners concerning
•duly sworn,say that I am publisher of made as shown below. A performed by a consultant after the complete thedispositlanoftherequest.
public hearing and third engaged fa such purpose application has been The Planning Commission
FARMER&MINER is scheduled to be bythenanningDep°rtment, submitted. shallapprovethe request for
rearing 2. theSeatlon 1041 Permit only
that the same is a weekly newspaper of general held in the Chambers of fora consulant.thenebd
nt
circulation was printed and published in the town of Board. First Floor Hearing for a consultant shall be (NO CHANG3.E) if it finds that the or
Room, 915 10th Street. established at the pre- Give notice of the has met the standards or
Greeley.Colorado 80631 on application stage. All fees conditions set forth in the
FREDERICKfor such consultant shall be application and the public ' Section 1041 Regulations
October29,2001.At personshearing date to those
in said county and state that the notice of In any manner interested in paid for by the applicant on governing theoreoaoctMly
o'cat plus fixed tee'basis, persons listed in the of state interest involved in
advertisement,of which the annexed is a true copy has then • of said
been published in said weekly r Inane are requested to or according to agreement application as owners and the application,as set forth
newspaper r P for attend and moy be heard. with the applicant. In lessees of the mineral estate In the Article of this Chapter
determining Its need for on a under the parcels) 21 applicable to each such
ONE consecutive weeks: that the notice was please contact the Clerk to engagement of a under consideration. Such area or activity of
published in the regular and entire issue of every the Board's Office at phone consultant, the Planning notification shall be moiled, designation. The burden of
number of said newspaper during the period and time (970) 356-4000. Extension Deportment may consider first class,not less than ten proof shall be upon the.
of publication of said notice and in the newspaper 4226, or fax(970)352-0242, thetecMNcalexpertise which (10) days before
t the applicant to show
phartotheday ofthehearing is available from the scheduled public hearing. compliance with such
proper and not in a supplement thereof: that the first applicant,but the Planning Such notice is not required standards or conditions.
publication of said notice was contained in the issue of If,as a result of a disability, PP
you require reasonable Department reserves the by state statute and is B. The Sommissioi
said newspaper bearing the date of ocppmn in the
aslnaring, right to engage any provided m a courtesy to the Planning Commission
OCTOBER 17 A.D.2001 and the last publication participate In this hearth". independent consultant. If the owners and lessees of shoo forward the official
thereof,in the issue of said newspaper, date- the Planning Department the mineral estate on or recommendation of the
bearing Any backup material. proposes to engage a under the parcel(s). Planning Commission and
the 17TH day of OCTOBER 2001 that the said P Inadvertent errors by the
exhibits or information consultant,Department the Planning thelnfacial record,
which
deviously submitted to the Department shill pre
a applicant in supplying such the des official record, which
FARMER &MINER Board of County written summary which shall list or the Department of Includes the Department of
has been published continuously and uninterruptedly Can iiisvoners concerning describe the proposed Planning Services in sending Manning Services case file,
during thperiod of at least ft two consecutive ttYsmathxmaybeaxarxied scope of the consultant's such notice shill not create to the Clerk to the Board
y- engagement. the alurisdctional defect in the within five ten(510)days after
weeks next prior to the first issue thereof containing in the office of ine Clerk to ff said recommendation has
said notice or advertisement above referred to: and qualifications th i of the hearing process.eveure ofd
the Board of County consuttani,the Wentityofihe error results in the foliose ofd been made.
that said newspaper was at the time of each of the Commissioners, located in consultant.ifknown,andthe surrounding properly owner C. If the Planning
publications of said notice duly qualified for that theWeldC°unlyCentennld estimated cost of the to receive suchnotificatias. Commission
purpose within the meaning of an act entitled. "An Center,91510th Sheet third consultation. This summary 4. a • recommendation is
Act Concerning Legal Notices, Advertisements and Floor. Greeley. Colorado. shall be made available to through t,(NO CHANGE) Conditional upon the
between the hen of 803 the applicant and the However. In lieu of the applicant completing
Publications a nil and the l Fees ofActs Printers and of Acts ers applicant shall be given a posting requirement herein, certain specified items prior
thereof, and to Repeal all and Parts of in am. Fridnd ay,
03p.or may be reasonable opportunity to applicants for an electric to the publication of the
Conflict with the Provisions of this Act" approved thru accessed
may be transmission tine or gas noncefor the hearing b me
PP accessed through the Weld which r t on the proposal, g y
April 7, 1921, and all amendments thereof, and County Web Page which comments shall be pipeline which is more than Board of County
particularly as amended by an act approved, March messages
o.wei sent s).E-Mnl considered by the Planning one(1)mile in length shall period stoners.the ten-day
30, 1923,and an act approved May 13, 1931. messages sent to on Department butshollnotbe ocNonce
the eanngptleost period shall commence
indMa Included
the case binding co it.the Planning once In newspaper upon submission of the items
` ....-not be Include in the case Department shaft then designated by the Boma of by the applicant to the
he. To ensure inclusion of respond to the applicant as County Commissioners for Department of Planning
,.'your E-Mallcarrespondence to the terns of the publication of notices a services.
intotnecasefte.pleasesend consultant's engagement minknum of ten (10) days
Publisher a copy to andtherresirants'dltsave Pmt°the^e°4^g date.The 21-2-310. Permit Hearing
chortling@co.weid.co.us. a reasonable opparnrity to ativemsement shall containBefore Board of County
Subscribed and sworn to before me this 17TH day withdraw the appicoMm°s a moo d displaying the routem i Commissioners.
of ORDINANCE NO. 2031-6 an alternative to going proPo ed a macleluve ron of A. The Board of
forward with the application along Carly Canmesloners shall:
ORDINANCE TIDE: IN THE under such terms. The the he lime.date and 1 through4(NO
OCTOBER. A.D. 2001 MATTER OF ENACTING applicant may request that location.Theadvertisement ,CHANGE)
CHAPTER 21, AREAS OF any decision to engage a for an electric tra smissl n
ACTIVITIES OF STATE INTEREST consultant and the terms of fine or gas pipeline wtich e
• (SECTION 1041 such consultation be more than one(1)MN in
REGULATIONS).OF THE WELD reviewed by the Board of length shall be the only
COUNTY CODE County Commissioners. requirement fa notillcatian
of property owners except
NotaryP i DATE OF NEXT READING: 21-2-230. Waiver of alb Polices%rich ITICri be
October29.2001,ot900a.m. Submission Requirements. lr sd byC.R.1I2F6b.5-
The Planning
�8 Deportment may waive any
WELD COUNTY.COLORADO port of the submission
requirements which are not
DATED: October B 2001 relevant to the decIsian on
FT.LIPTON. CO 80621• NNLISNED:October17,2001. iheappscalon.drAxehthe
in the Tri-Town Former and M.r+
Miner
taveeseneblimberelereen
CHANGE'MADE TO CODE M ha.,ppl...es 4,.... ..r.k fs
ORDINANCE 12001-6 ON
SECOND!FADING 9.,fo..,.1,...,. h...,. 1......
(Strikeout (ts t J.tad) _elYleelear-br
depicts deKppns, Redline --et
(text added) depicts
vltla s) la1Fb-PAt
c.
The mop shoe
include Ire t W `
213100.Purpomandhttem. 211300. Prohibition on Site certificates for the
The purpose and Intent of selection and Construction aope,N boundaries of 1M parcel
the regtiatbns contained in of a MajaFacil of aPubli; lineownefacgnahue(excepnng being'COnsh}Btetl Tor the
21-2430. Jsrdcid Review. Con N crones),the Planning
g
this AMCIe III ore: Utility Without Permit. County bfL BSIMiawnd facility.
A1Sy rtsw on seeking A through F (NO A. NO person may County Commissioners ontl C.
jutlidd'feWew of a final CHANGE)' locate or and construct a the Clerk to thecontent Board. The
5. declslor)Alttle, Board of G. Ta regulate the mgafadHyofa IlaulllThe plot plan shall kpchsde
County Commissioners shall site selection and Pub tie required of the the location and
Arrange/err the Deportmentwholly or partially within the certificates is Depart available from Identification of all of the
of Plartnblg semoes to Poet be initiated within thirty(30) construction of major this County
partial$of the Planning Department. following Items which are
days after the decision is fa llities of apublic utility to
coigner the properlya under this County without first presently existing within a
Review
forraSpecial onde,In omWeldict Court inCount . balance the rmage to.o, s permit p Vicinity Avicinl ma
and for Weld County. mon P obtaining a rmH pursuant tY lards vicinity p two-hundred foot (200')
according
section 1041 Permit enhancement of damage R these Section 1041 Specie aeview rrweit Plan .
pursuant to Rule 706 of the and of Regulations. radius of the boundaries of
0ccordi g to the Colorado Rules of Civil 9 Special Review Permit Plan the Section 1041 Perrot orea
requirements of Seclon 21- Cope fPoesa environmental resources. B. No local Mop.
2-260B.4dtti Article. Publicwith the electrical energy authority, including Weld as well as within the area
B. The Board of power authorities seeking needs, other development county,maylssue°building itself;it shall also include the
oP Caun ^9 I. the exact scale of the proposed features ontl
County Commissioners stroll approval of Section 1041 values -ontl prevent permit for purposes of vicinity map shall be slrucMesof thefa:ility(sorne
hold a public hearing to Permits relating to a Major significant deterioration or selecting a site for or and
Facilities of o Public Witty,as t determined at the time of of the following may not be
consierheopplcalganddegradation of existing constructing a major faculty the pre-application
to trice final acibntthereon. such term is described In
environmental quality in of a public utility wholly or conference: taking into °PPIlcabletolinearfacilitles)'.
Enmaking o decision on WeMiele Mel the Chapter 21, Weld County. partially within the consideration the type ontl
proposed request the Board may also hove remedies H. (NO CHANGE) unincorporated portions of size of the proposed project. I.through vi. (NO CHANGE)
of County Commissioners pursuant to the provisions of I. To regulate the this County without the as well as the type andy at Iwo-
shall consider the CCR.S.§§29-20-108and40-4- site selection and applicant first having lompienlyof the information Hoot contouri. intervals oat
recommendation of the construction of major obtained o permit pursuant to be mapped one(I)
Planning Comrrisson, and facilities of a public utility to to these Section 1041 equaissixhundred(6p0)feet intervals as determined
from the foots 21-2-420. Revocation or balance the electrical Regulations. or atanother witoblescale if necessary by the Planning
the public f pr Suspension of Pernik. energy needs and other g g Deportment(Unearfacitfies
onoireA. tittle BVBnt the approvetl by the Flannin
1�ppp tlevelopmentalvaluesotfhe 21-3-320. Pre-application Department. shall include appropriate
- r Board of County proposal wifhthe protection Conference. topographic data derived
,2,,^elS„ Corrrr brsarshasreasont 4 of preserve the health and A. Prior to formal fi The vicinity map shall from USGS maps or an
,wsFO believe that the provision of welfareof the cRsensof Weld tiling of the application,the delineate all of the required equivalent database.)
of County Commissioners a y perm
n a the tams of County. applicant shall confer with informationwithin°one-half
shall approvetherequesffor any regulation forviii. (NO CHANGE)
the Section 1041 Permit only administration have been the staff person assigned to i(i mile radiusofthe property
21-3-110. Definitions. the case by the Planning (1000' for linear facilities)
If it finds that the applicant vbkaetl byttpe holUerdthe In addition to the termsIx. Location and design
has met the alarilartls or permit, the Board may Department to obtain e. proposed for the Section of tormwatermonogement
defined in Section 21-1-90 of Infomation and guidance. 1041 Permit Use by V'x'r' devices or structures
conditions set forth In thetemporarily suspend the thisCoce.thefdldeAngtems The purpose of such a Revew,
Section 1041 Regulations (30)d for a period d thirty specific to the designation conference is to permit the (excepting linear facilites).
govemigtheat involved
in (30)days. Before Imposing of site selection and applicant and the staff to Iii. The following
of state interest involved in such a temporary construction of major review the proposal information shall be shown x. Complete traffic
n
the apioiicatlon,asetf nth suspension,the Boad shall facistiesofa Icunli shdc N circulation and parking plan
In the Aide of the Chapter gNethepemhthdaerwrhten Publ N Informally. on the vicini map: showing locations and sizes
21 applicable toeach such notice of the specific be ningssef ft havethe C.B. Any(NO CHANGE)ommo
area or activity of notice at ai stow the meaningsselforthastoliows: Any comments Section.townshipand (excepting linear facinties),
designation. The burden of permit holder a reasonable A. AOpumtenant or commitments made by range. xl. Location.amouni,size
g riotl ottimeatleastHtteen facilities' Anv la didingt, any member of the County
proof shall be upon the Pa
applicant to show (15) days to correct the nrrwgynv Nnx•fixwsa other °tlrtiNslranmasfothemerits ScaleandnorHn arrow. and type of any proposed
property which are dearly at the substance of the landscaping,fencing,walls,
compliance. 'with such doesnos.Bther ihatthdtler incidental to and application during this pre- Outline of the berms or other screening.
standards Or CphdllaM The doesnof conctx ihd there is -iittmmnrily found in application conference are perimeter of the parcel (Linear(°ci fiessha provitle
Board of County a vioaion, he shall,within S`onnwHinn with malo( onlypretuk sxylnrgNre and proposed far the site (Far Information regarding
Canmisslanersshdl reacher ' fiheen(IS)doysofhisrecelpt fnrllitietnf rx pMtnith tlesa rt shoulanatbe palled upon by linearfacilitles,thepropooed revegetation and
decision on a permit of such nonce.show cause now nonrated Find the applicant All centerline and vAdh Of any reclamation.)
application within ten thirty to the Board why temporary mnyntenedfathebeneMa
rnnvenienre of the prospective applicants corndorto beconsidered or
(1030) days after the suspension should not be Should be informed that the Section 1041 Perro1J xiL and xiii. (NO CHANGE)
completion of iris permit ordered. Armoring shall be occupants employees, farmdcanmentsc°nnofbe 5
healrg,attw pemst that heldwHNnidtlthidy(30)day customers or visitors of such made by staff until otter the The general The following items and
be deemed appratud. An period pursuant to the moor faciltl s. madebapplIcationbwbmiaedontl cbssficpuons and information.
application— -Melwed following subsection. B. Major facilities aajocentornearbyproperty distribution of soils over fie toe
complete a' We Pkaviro of a pudic utility means the ownersapdreferrdogencies parcel under consideration. Fmrriptcnofthepresen
21-2-530. Nonconforming following (This definition have hod an opportunity to SOYclassificationnamesand and zoning.
Department proctor for 0 Uses' includes applies to all respontl,Happllcable, agricultural capablllty b.
Section 1041 Pee r*Salina The provlsiasof these electrical utilities' Iacittles. D and E. (NO classificationsrrxutbe^tied Asketch or mapshowingire
foe Major Facilty of Public Section 1041 Regulations regardless of whether they CHANGE) in the legend. (These following:Utility, as such term is shall not apply to any aresubjecftothejurlsdction requirements are generally
described in AdOle Al Ste e nonconforming use', and otiheCdoradapaosoUttittes
Chapter 21,shall receNeo the^only to ttw extent such Commission,which primarily 21-3-330. Aementstlon not applicable to linear i. saif d the power er plant Is
decision from the Board of are existed an We dote the y Submittal Requirements. facillfies.) fitly ten(1050)miles from the
sellCOunNCaMyssanerswAnyp area is designated or electrircal
powte er
to entities
B. (NOCHANGE)
Locations and names site.
po thr r e than B. Submittal
ninety (90) days otter subjected to these Section off-site other than requirements for all of an key road. feaoHW
submission thereof, in 1041RBgubtas.Whensuch themselves, but does not of all saW water legation ii. If For new hawniss re
cam fiance with the a nonce nforming use shill applications for a lines or pipelines are
p apply to electrical utilities development permit for a
requirements set forth In be dtconihued for six (6) g 9 moor bell of o ubiic Location of ail proposed. provide mop
designed to generate
C.R.S§29-20-108. months or mare or ° electrical war rimari for 1 N P rudeness ,hln a one-hen- showing all existing
C. Where nonconforming structure is p° P N utility,where applicable. mile radius. existing and transmission lines(115kV.a
'reasonable methods or damagedeiectri conpoweri t publichatsell 1. through Ltl. toa dWhuysse to electrical power to public (NO CHANGE) ly ssds the greater) d or grealer fat
10
-.techniques are available to the exfentofdieasftfty(50) utiilnesonlywhengeneration 2. property proposed for the inch diameter,ticof two nfa
mitigate any negative Percent of the appraised exceeds on-site loads.): The applicant nxai provide facility (excepting linear a distance of two miles
impacts which could be value, any reuse. 1 and 2 (NO facilities), any abutting beyond any reasonable
reconstruction, or g subdivision outlines and alternative studied.
Oenerotetl by the proposed CHANGE) concernin title of the C.
replacement of such names,and the boundaries
requestuPonihesurrouncig3. project site,wNch shot ebeat existing
stmflsnsMl�deeheeda of apyad)acenhsxmiciparY• For upgrades of
csea.the Board of County newiaeondlhal0esnbjec Any other appurtenant the entire proposed
Commissioners may ttransmission lines pipelines
or
facilities of a public utility algnment or corridor under pity other relevant greater)or gas pipelirpes(10
approlOn the echo to which In the opinion of the consideration at the time of
Maas the Section 1041 to the povlean at these Board either by Itself or in the applicaflon for Imile lionwi ce ofe-half- inch diameter, or greater),
pernd ponimplementobn Section 1041 Regulations. conjunctonwithothermajor hanunssbnlineantlppeline mile distance of the provide a sketch showing dl
of such methods or Any expansion of a facilities of a publlcufillty ore projects' perimeter property existinpipeliges ssimisapn
d
tectWpsela ximoyrequire noncorlarte'g use shall be likely to cause a major q proposed for the facility as pipelines within one mile on
sufficient performance fllystbjectbtttese Section impact upon the health. (NO CHANGE) may be reasonably required either side of the proposed
tytleedherwise 1041Reguinons.unlesssuch welfare. Or safety of the b by the County to meet the alignment.
provided for,to be posted expanded nonconlaming citizens of Weld County.or The planned access to the intent and purpose of this d.
with Weld County to uaeisotherweeexempihom upon the cat,social,a Chapter 21. For oilofhermajor facllltiesof
guarantee such regulation herein, as physical, project site and the means 4. a public utility, provide a
9 economic environment of the applicant intends to use Rat Plan. A plot plan of the sketch showing the area
IrtpierTstid OM1 as set form provided for in Section 21-2- Weld County a tti region. toobtalnaiegaitghttounsze facility area shall be drawn within five ten(510)miles of
in Section 21-2-410 of this 20. C. Mitigation such access, Including
Article, • For the Purposes of this means: coplesofanyaccessatlghl- on the Section 1041 Permit the site if another major
D and E. (NO Section.a 'nonconforming1,2 3,and& of-way agreements which Map. facility is proposed.
CHANGE) use that be defined as a (NG CHANGE) have been entered Into by a e.
raenlatdoesnotconfamb the tide of the application the exact scale of the plot Typeof facility-specify where
aprovelonorrequrementof q, nine shall be determined at applicable'.
fa such access. the time or the pre-
this Chapter 21. but was Compensating for the c Opplicaflon conference. I. Approximate floor
lawfully eenaMlwd prior b impact by replacing or and d. (NO CHANGE) fakingintoconsderatkxpthe space of office bulldog.
the time d it appeca,lmhy. providing suitable biological 3. tYPeondsizeattlepropaed (Renumber remaining
and/or physical conditions; Section 1041 Permit Map: project,as well as the type paragraphs)
and by replacing or a . and complexity of the
providing suitable public ...two
D:(NO'GNAbtE) information fo be mopped
services and facilities,where one inch (1') equals one
applicable. hundred feet (1 or of -
DMpughJ.: onothie sulta lee if
(NO CHANGE) by.th9.0g^mng -
kw
(renumber rgaagining
I.ihxagtt Y. (NO CHANGE) pars 'apes.) Y.antl e. (N()CHANGE)
IN. inefunctbnsondslxes Environmental impact • 9 ' 1112.
aid h. (NO CHANGE) The nature and location of
of substations. Ormayab._ _ — 3. the focely or expansion we
projecis CHANGE) a Community Impactandyls. not OSy interfere with any
iv. For pie and lengths b. °' existing easements, for or
of POSIries Information regarding other (NO CHANGE) b. rights-of-way, for other
utility facilities. ImpactmptatNic finances: claims.
canals. mineral
v,trvoup t*�J. OCs1ANGE) claims.or roads.
I. A map showing each 12.
-r. / existing major faigry of a I. Describe capitol (NO CHANGE)
1 Def011be gs{WcobleInvestment In facility from
u13W.
support 4adI11Ns (e.g.,(e.p., public utility within the pubic sauces. The nature ontl location for
pollution Ca lid, erelong Countyofihelype Proposed of me facility will
area laaicapIng alto for development. II. (NO CHANGE)be peened- rejot untlumly intederewlth ony
4- il. ThetlesgicCPacINaf 4' nonificant wlldlite habitat or
t eachsuchfaC* excess Applicants seeking a permit adversely affect anV
Protected development f« the site selBCfion and
capacity of uch eritlangeretiv4allfe•rv -ills
schedule: construction of pipelines« unique natural resource or
1wB capacity
staageaeostlds riltlhe
f2tah Nstohc landmark within the
i.through iv. (NO CHANGE) ofcapaciy At following additional impact«ea,
such facility wanks �nanon: 14.through 19.
v. Describe support a. (NO CHANGE) -The failure of the Planning
facilities (e.g.. pollution is Whether -present Despnpppn of hydrologic 2021. CarsnlSn to take action
control. parking areas, fa pities can�pupgraded c«s01Yom-surface(Impact (non- aPpeaabn within
The proposed project on Mme
prov5coping, etc.) to be y linear facilities) will not thirty (30) days after the
provided. year projected rojec a ten(10) oeo).
year inane in presentanurxeasmaeessk official submittal of t_eve
ocation
vi. Describe any feasible demand for services to be I.through 111. (NO CHANGE) of exposure to or release of
"non-structural"alternatives offered by the proposed toxic or hazardous DEVEL or
tomeetthe objectives ofthe protect. iv. Provide data on eabytacesweFYnthelmpact be deemed an approval of
proposed site selection and c. chemical and biological area. The deterranaean of the application unless the
construction. Water resources: quality. Including BOD, effects of the project hill agency submitting the
dissolved 02. free CO2. Ph include the following application is granted an
through j. (NO CHANGE) i.through li. (NO CHANGE) TOS,alkalinity.
ph-th y.NH3.heavy . MO considerations: extension of revewperiod.Ifftthat:J s na
k. aY,dothe.N .heaW metOs 2122. Commission dsappraves an
Total acreage of the parcel, iii. Describe proposed or ta'i rta4c erlda The scope and nature of the application for a Special
right-of-way. or corridor sewage treatment taffies substances if appropriate. proposed project will not Review Permit for said
under consideration. and non-point source b' create unnecessarily DEVELOPMENT or USE. the
I. controls,if applicable. Description of hydrologic duplicate existing Services Planning Commission's
Existing land use of the conditions - subsurface wtB•dn the County. disapproval -may be
parcel, right-of-way, or iv. Describe pollutant (Impact area), if 2223. I f ovem/edbytheftlsddlanal
c«rid«untlercomkfer«im. Innrn(point ant nenpcint apprcpnate. the purpose and need for body or official making the
m. sources) expected directly the proposed project are to application. The Plating
Existing land uses of all from the development. I.though v. (NO CHANGE) meet the needs of on Commission's tlsopprovol
par a 1. adjacent toay sold Specifyppli able. l variations. E. Increasingpopulationwithin may be ovemlled by sald
carcel, right-of-way. or if applicable. (NO CHANGE) the County. the area and body by a vote of not less
corridor D. (NO CHANGE) community development than a majority of its entre
n . Describe the plans andpopuiallon trends membership or by said
and o. (NO CHANGE) pplicaproposedl water ing: N App3olton.40. avd ofPomlt demonstrate de clearly a need official. (Weld County
6. through 10. applicable.Including: AppecAson' for such development. Codification Ordinance
(NO CHANGE) A The
Board of 200 -1)
II. (NO CHANGE ON County Commissioners stiae
Analysis of reasonable BULLETS) approve on application for BE IT FURTHER
Structural alternatives to the d. pert for site seiecibn ant ORDAINEDbYtrme OFURTHER
•
project such as alternate Air quality (non-linear construction of a major ORDAI EDbYt1 90adtat
locations and routes. facilities). lately alopublicuMsy(with 2e i0n23-2-3CofCaode
ter
alternative types of facilities, remxonableconatlora ifany, be.one hereby3 of the ldCounyCode
use of existing rights-of-way, I. (NO CHANGE) inthedscrellan otheBoad and re-enacted.R.repealed
with
joint misesrghtbat-waywith of County Commissioners) amendments acted. erebY
otherutWlles«aupgradkg li. DescrlbeaM1nwpheric only if the proposed site revised to read as fellows:
of existing facilities. and meteorological selection and c«tthuction
12.through 17. conditions In the Impact complies with the following CHAPTER 23
(NO CHANGE) area and the background criteria, to the extent P
C. Specific centime or quality(TSP.502 applicable,and toting into
g
submittal requirements. i-C,CO,NOX 03.eta). consideration the the Amend 23-2-300. The
These additional pts(poee andbtents these regulations 23-2eanetlheThe
requirements shall be a Describe any Section 1041 Regulations as reds apply to i new gill
rein
imposed on the applicant regulated palutant outputs set forth In Section 213.100: hallapl of MAJOR
bythePlonvngDepartment, anticipated from the (The Board may rely upon selections seCco PofU R
in such Department's sole developnrentaadrregalbn the findings and approvals FA ILITEC FPUBUC S 1UT
discretion, It the Planning strategies including any of other governmental the t'flhc AAGalCESwit in
DepartmentdeterMnesihat required Control devices. entities having jurisdiction the COUNTY subsequent of
the need for the additional e. over those criteria listed the adoption sub of the
information is warranted by Sghilaat erwtrmmentalY below with respect to their ordinance lion herein.
the size and scope of the sersllw fcbtoa: environmental These ecodm shall also
proposedprojatinorderfa determinations oregulatoN
the Board of County i. Identify arabcotean compliance.) apply to any expansion.
Commissioners to make an a map of appropriate scale 1.and 2. (NO enlargement or extension of
Informed decision on the the juxtaposition of any of CHANGE) MAJORFACIUTIESOF PUBLIC
appllcatan.Blstheintenian . the following features 3. All UTILITIES OR PUBLIC
oftheseReglationsthatthe present in the proposed reasonable ahernotNes to AGENCIESaflertheodcphon
f Infomalloneaebe development«actMtyond the proposed action, of the ordnance codified
requiredal only it if the its vicinity, and detail the including use of existing herein thesereguati«s do
proposed project is of such not apply to those MAJOR
potential impact a the rightsof-way wherever uses FACIUTIESOF APUBUC IJTUIY
size and scope that it Ishave propose Upmer>chfeokse: rights-of-wayare catcoti wherever usesOR PUBLIC AGENCY which
reasonably v*an ntoe a adequately
assessed have been aresubtecttoereregtaMas
significant environmental
on Weld Marshlands rand the proposed
and regarding Areas and
social County Imposts or lands.
wetlands. the prope with represents aprion is Activities of Stale Interests t
- thcoe best interestse ofthe forth in Chapter 21 of this
1. Ground f the best eldC s Code. Any proposed
ne for description the pr of the abl areas, If peoplesvisa Canty and MAJOR FACILITIES Of A
need proposed applicable. represents a fair and PUBLIC UTILITY OR PUBLIC
development but t rt lid o• reasonable of r the best e AGENCY which rebukes a
including but not limited 0 (NONIN CHANGE ON impact erefalrCelhere Special Review Permit and
a. REMAINING BULLETS) impact area. whichtlnetatedbyageolled
through c. (NO CHANGE) f. 4. antl 5. (NO purpose local govenvnent,
t. Visual aesthetics orttl CHANGE) the State. United States
c the proposal is for nuisance factors: A. government.special district
a and thelcap ity that The ion and laalkn or o
the cee a of that i. t of significant m ofis the facility or authority created under
teary exceeds n ten a(10)in deteriorationoe cf existing reaonn complements ctsonais the existing eabe the provisions of the Cut s
dearprd. oIndrease in natural fis aesthetics.creationne thel area the
demand, a detailed r the
efacet) can be needs of the service area owned,publklYore review
expkc of excess wherews the facet), can be a affected ct byah f facility.
aded.Shall approval
require review
service fcapacitys alp the Newsde«nmdm9pro o ENUME R the NIl and apComm by the
cost of the excess capacity. to residences, simulate the (RENUMBER REMAINING Planning Commission only.
appearance al ce of thee sfacility. PARAGRAPie)
—_. may su and Iderelly Wee pollution 6 through 10.
n (NO OMANCE)
or n
WELD COUNTY
CODE ORDINANCE 2001-6
IN THE MATTER OF ENACTING CHAPTER 21, AREAS OF ACTIVITIES OF STATE INTEREST (§ 1041
REGULATIONS), 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 addition of a Chapter entitled "Areas and Activities of State Interest" is needed in the
Weld County Code.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of
Weld, State of Colorado, that Chapter 21 of the Weld County Code be, and hereby is, enacted to read as
follows.
CHAPTER 21
Areas and Activities of State Interest
ARTICLE I
Administrative Regulations
Div. 1 Introductory and General Provisions
Sec. 21-1-10. Title and Citation.
The regulations found in this Chapter 21 may be referred to as the "§1041 Regulations." All citations
hereto shall be with reference to the Section numbers of the Weld County Code, as set forth herein.
Sec. 21-1-20. Purpose and Findings.
A. Purpose and intent. The purpose and intent of the§ 1041 Regulations is to facilitate identification,
designation, and administration of matters of state interest consistent with the statutory
requirements and criteria set forth in C.R.S. §§ 24-65.1-101, et. seq., and the Guidelines for
Identification and Designation of Areas and Activities of State Interest approved by the Colorado
Land Use Commission.
B. Findings. With respect to these§ 1041 Regulations,the Board of County Commissioners of Weld
County finds as follows:
1. The notice and public hearing requirements of C.R.S.§§24-65.1-404, have been followed.
2. The§ 1041 Regulations are necessary because of the intensity of current and foreseeable
development pressures on and within Weld County.
3. The§ 1041 Regulations were adopted after taking into consideration applicable guidelines
adopted and issued by the Colorado Land Use Commission.
4. The § 1041 Regulations apply to the entire unincorporated territory of Weld County.
5. The § 1041 Regulations interpret and apply to any regulations adopted for specific areas
of state interest and specific activities of state interest which have been or may be
designated by the Board of County Commissioners.
Page 1 CODE ORD2001-6
Sec. 21-1-30. Legal Authority.
The§1041 Regulations are authorized by,interalia,C.R.S.§§24-65.1-101,et.seq.; C.R.S.§§30-28-101,
et. seq.; C.R.S. §§ 30-28-201, et. seq.; C.R.S. §§ 29-20-101, et. seq.; and C.R.S. § 24-32-111. The §1041
Regulations are necessary for the preservation of the public health, safety and welfare.
Sec. 21-1-40. Applicability.
The §1041 Regulations shall apply to all proceedings concerning identification and designation of any
developments in any area of state interest or any activity of state interest which has been or may hereafter be
designated by the Board of County Commissioners of Weld County, and the control of development in any such
area or activity within Weld County.
Sec. 21-1-50. Exemptions.
The portions of the§1041 Regulations authorized exclusively under C.R.S. §§24-65.1-101, et seq., shall
not apply to any development in an area of state interest or any activity of state interest which meets any one of
the following conditions, as of May 17, 1974: (a) the specific development or activity was covered by a current
building permit issued by Weld County; or (b) the specific development or activity had been approved by the
electorate of Weld County; or (c) the specific development or activity is to be on land: (I) which has been
conditionally or finally approved by Weld County for planned unit development or for a use substantially the same
as planned unit development; or (ii) which has been zoned by Weld County for the use contemplated by such
development or activity;or(iii)with respect to which a development plan has been conditionally or finally approved
by Weld County.
Sec. 21-1-60. Relationship of§ 1041 Regulations to Other County, State and Federal Requirements.
A. More restrictive standards or requirements control. Whenever the §1041 Regulations are found
to be inconsistent with any other applicable resolution, ordinance, code, regulation, or other
enactment of Weld County,the enactment imposing the more restrictive standards or requirements
shall control.
B. Statutory criteria control if the § 1041 Regulations are less stringent. In the event the §1041
Regulations are found to be less stringent than the statutory criteria for administration of matters
of state interest set forth in C.R.S. § 24-65.1-202, the statutory criteria shall control.
C. The § 1041 Regulations control if statutory criteria less stringent. In the event the §1041
Regulations are found to be more stringent than the statutory criteria for administration of matters
of state interest set forth in C.R.S.§§24-65.1-202 and 24-65.1-204, these§1041 Regulations shall
control pursuant to the authority of C.R.S. § 24-65.1-402(3).
D. The §1041 Regulations control in cases of overlapping requirements of this Code. Where the
§1041 Regulations overlap with Weld County's requirements for zoning special use review or for
review,pursuant to C.R.S.§30-28-110(1),the§ 1041 Guidelines and Regulations shall control,and
a separate review process under special or conditional use or statutory review shall not be required,
unless expressly stated to the contrary in the§ 1041 Regulations. Where the§ 1041 Regulations
overlap with other applicable County requirements, all applicable regulations shall be followed and
all required County permits or approvals shall be obtained.
E. The§ 1041 Regulations are in addition to,and not in-lieu of,other regulations of Weld County. The
§1041 Regulations are intended to be applied in addition to, and not in lieu of, all other regulations
of Weld County, including, without limitation, the zoning, subdivision, planned unit development,
Mixed Use Development Area, Intergovernmental Agreement, Individual Sewage Disposal System,
and Comprehensive Plan portions of this Code.
F. Permit requirements. The permit requirements included in the § 1041 Regulations shall be in
addition to and in conformance with all applicable State and Federal laws, rules and regulations.
G. Other governmental agencies. In the event that any political subdivision, agency, instrumentality
or corporation of the State of Colorado or the United States government or an entity regulated by
such a designated governmental unit, seeks to conduct a designated area or activity of state
interest in Weld County, the intent of the § 1041 Regulations is that the Board of County
Commissioners shall exercise its authority pursuant to the § 1041 Regulations and State statute
to the maximum extent allowable consistent with Federal and State law and regulations.
Page 2 CODE ORD2001-6
21-1-70. Duties of the Board of County Commissioners.
Unless otherwise specifically provided for, it shall be the duty of the Board of County Commissioners of
Weld County to perform all of the functions set forth in this Article I, and those specified in Articles II and III of this
Chapter 21. The Board of County Commissioners shall also be generally empowered to hear appeals from any
person aggrieved by any decision of the Planning Director made in the course of administering these § 1041
Regulations. Any such appeal shall follow the appeals procedure set forth in Section 2-4-10 of this Code.
21-1-80. Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is for any reason held
or decided to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions.
The Board of County Commissioners hereby declares that it would have passed the regulations codified herein
and each and every section,subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact
that any one (1)or more sections, subsections, paragraphs, sentences, clauses or phrases might be declared to
be unconstitutional or invalid.
21-1-90. Definitions.
The words and terms used in these §1041 Regulations for administration of areas and activities of state
interest shall have the meanings set forth below, unless the context requires otherwise:
A. Applicant: Any individual, partnership, corporation, association, company, or other public or
corporate body, including the federal government or any federal entity, and includes any political
subdivision, agency, instrumentality, or corporation of the State, seeking a development permit
under these § 1041 Regulations.
B. Board of County Commissioners or Board: The Board of County Commissioners, Weld County,
Colorado.
C. Designation: Only that legal procedure specified by C.R.S. § 24-65.1-401, et seq., and specified
in this Article I as carried out by the Board of County Commissioners.
D. Development: Any construction or activity which changes the basic character or
the use of the land upon which the construction or activity occurs.
E. Layman's description: A general, nonlegal description and the popular name, if
any, of the tract of land upon which the activity or development is to be conducted. The term
"general description" also means "layman's description."
F. Legal description: Any description from which it is possible to locate accurately
on the ground the boundaries of the land being described.
G. Matter of state interest: An area of state interest or an activity of state interest, or both.
H. Person: Any private individual, partnership, corporation, association, company, or any public or
corporate body, including the federal government, and includes any political subdivision, agency,
instrumentality, or corporation of the State or the United States government.
Receipt of Application:The time at which the completed application is accepted by the Weld County
Department of Planning Services ("the Planning Department").
Div. 2 Designation of Matter of State Interest
21-1-200. Board of County Commissioners to Make Designations.
Designations and amendments of designations may be initiated in three ways:
A. The Board of County Commissioners may in its discretion designate and adopt regulations for the
administration of any matter of state interest.
B. The Weld County Planning Commission may on its own motion or upon request by the Board of
County Commissioners, recommend the designation of matters of state interest. The Board of
County Commissioners shall decide, in its sole discretion, whether or not to designate any or all
of the requested matters of state interest pursuant to statutory procedures.
C. If the Colorado Land Use Commission submits a formal request to the Board of County
Commissioners under C.R.S. § 24-65.1-407, with regard to a specific matter which the Colorado
Land Use Commission considers to be of state interest within Weld County, the Board of County
Commissioners shall publish notice and conduct a hearing pursuant to C.R.S. §24-65.1-407(I)(a).
After the Board of County Commissioners has received such a request, no person shall engage
in development in the area or conduct the activity specifically described in said request until the
Page 3 CODE ORD2001-6
Board of County Commissioners has held its hearing and issued its order relating thereto.
21-1-210. Public Hearing Required.
A. The Board of County Commissioners shall hold a public hearing before designating any matter of
state interest and adopting regulations for the administration thereof. Such hearing shall be
scheduled and notice of such hearing shall be given as set forth below.
B. The Board, in its discretion, may request that the Planning Commission hold a hearing and provide
a recommendation to the Board on the proposed designation prior to the Board's hearing. Notice
of any hearing before the Planning Commission shall be published no less than seven (7) days
before the Planning Commission hearing date in the newspaper of general circulation in the County
designated by the Board as the County legal newspaper. The Planning Commission shall preserve
a record of its proceedings and shall make a written report of its recommendations, if any, to the
Board of County Commissioners, which report shall be advisory only.
C. In the event that the Colorado Land Use Commission submits a formal request to take action, a
public hearing for designation by the Board of County Commissioners shall be held within ninety
(90) days after receipt of the formal request.
21-1-220. Notice of Public Hearing, Mailing List, Publication.
A. The Board of County Commissioners shall prepare a notice of the designation
hearing which shall include:
1. The time and place of the hearing.
2. The place at which materials relating to the matter to be designated and
any guidelines and regulations for the administration thereof may be examined.
3. The telephone number where inquiries may be answered.
4. A description of the area or activity proposed to be designated in sufficient detail to provide
reasonable notice as to property which would be included.
B. The Board of County Commissioners shall maintain a mailing list of the names of those persons
requesting of the Clerk of the Board of County Commissioners that their names and addresses be
placed on the list and paying to the Clerk an annual fee of twenty dollars ($20.00) to cover the
costs of production, handling and mailing of notices of all such hearings, pursuant to C.R.S. §§24-
65.1-404(2)(b) and 24-65.1-501(2)(c). In order to have a name and address retained on said
mailing list, such persons shall resubmit their name and address and pay said annual fee before
January 31st of each year. Interested persons are advised that notice of hearings before the Board
are posted on the Weld County website, www.co.weld.co.us.
C. At least thirty (30) days, but no more than sixty (60) days before the public hearing, the Board of
County Commissioners shall publish the notice one time in the newspaper of general circulation
in the County designated by the Board as the County legal newspaper and shall mail the notice by
first class mail to each of the following:
1. The Colorado Land Use Commission and other State and Federal agencies, as deemed
appropriate in the discretion of the Board of County Commissioners.
2. Persons on the mailing list(subsequent to the initial adoption of guidelines and regulations).
21-1-230. Matters to be Considered at Designation Hearing.
At the public hearings on designation, the Planning Commission, to the extent applicable, and the Board
of County Commissioners, shall consider such evidence as they deem appropriate, including, but not limited to,
testimony and documents addressing the following considerations:
A. The intensity of current and foreseeable development pressures.
B. The matters and considerations set forth in any applicable guidelines for
identification and designation issued by the Colorado Land Use Commission.
C. The boundaries of any area proposed for designation.
D. The reasons why the particular area or activity is of state interest, the adverse
impacts that would result from uncontrolled development of any such area or uncontrolled conduct
of such activity, and the advantage of development of such area or conduct of such activity in a
coordinated manner.
E. The extent to which other governmental entities regulate the area or activity
proposed to be designated.
Page 4 CODE ORD2001-6
F. The applicable criteria for administration of the proposed area or activity as set
forth in these regulations and C.R.S. §§ 24-65.1-201 et seq.
G. The legislative declarations stated in C.R.S. §§ 24-65-102, 24-65.1-101,
and 29-20-102.
H. The Comprehensive Plan set forth in Chapter 22 of this Code, the Mixed Use
Development Plan set forth in Chapter 26 of this Code, or any municipal master or comprehensive
plan adopted as part of, pertaining to, or affected by the area or activity under consideration.
21-1-240. Conduct of Designation Hearing.
A. At the public hearing on designation, the Board of County Commissioners shall
receive into the public record:
1. Testimony and evidence from any and all persons or organizations desiring to appear and
be heard, including County staff.
2. Any documents that may be offered.
3. The recommendations of the Weld County Planning Commission, if any.
B. The Board may impose reasonable time limitations on testimony, and may invite
persons representing the same point of view to consolidate their presentations. The Colorado
Rules of Civil Procedure will not govern the conduct of the hearing, which is legislative in nature
and shall be in ordinance form as an addition to this Code.
C. The Board may continue the hearing from time to time for a period not to exceed sixty (60) days.
If the hearing is continued, no additional notice of the hearing needs to be given other than oral
announcement at the time and place of the continuance of the next scheduled hearing time and
place.
D. No additional public input, either oral or written, shall be accepted for the record by the Board of
County Commissioners after the hearing is closed, except as specifically permitted by the Board.
21-1-250. Record of Designation Proceeding.
A. The Board of County Commissioners shall collect and preserve the following
record of the public hearing:
1. A copy of the notice of the hearing.
2. The certificate(s) of publication of the notice of the hearing and a listing of
all persons to whom the notice was mailed.
3. The names and addresses of persons who presented written or oral statements or offered
documentary evidence.
4. Any written statements or documents presented in support of or in opposition to the
proposed designation of the matter of state interest.
5. Any recording or transcript, if any, of the hearing.
6. The Order of Designation of the area or activity of state interest.
7. A map or maps depicting each area of state interest designated.
B. Any person may, at his or her own expense, provide for the recording of the hearing and
transcription thereof, provided, however, that a copy of the recording or transcript thereof, if
transcribed, shall be furnished free of charge to the Board of County Commissioners and shall
become part of the record.
21-1-260. Adoption of Designation and Regulations.
A. At the conclusion of the hearing, or within thirty (30) days thereafter, the Board of County
Commissioners may adopt, adopt with modification,or reject the proposed designation which was
the subject of public hearing. If designation and regulation under C.R.S. §24-65.1-101, et. seq.,
is rejected,the Board of County Commissioners may regulate the matter under any other available
land use control authority or it may reject the regulation of the matter entirely.
B. Such action shall be taken by resolution.
C. In the event the Board of County Commissioners finally determines that any matter is a matter of
state interest, it shall be the Board's duty,acting by resolution, to designate such matter and adopt
regulations for the administration thereof.
D. Each designation order adopted by the Board of County Commissioners shall:
1. Specify the boundaries of the designated area of state interest or the boundary of the area
Page 5 CODE ORD2001-6
in which an activity of state interest has been designated.
2. State reasons why the designation is appropriate in light of the factors specified above to
be considered at the public hearings.
3. Specify the regulations applicable to the designated matter of state interest.
21-1-270. Submission of Material to Colorado Land Use Commission.
Upon adoption of a designation order, all relevant materials including the record of any public hearing
relating to the designation and regulations, shall be forwarded by the Board of County Commissioners to the
Colorado Land Use Commission for review,pursuant to C.R.S. §24-65.1-406. If within thirty(30)days after receipt
of a designation order and regulation the Colorado Land Use Commission has notified the Board of County
Commissioners that modification of the designation or regulations is recommended, the Board of County
Commissioners shall, within thirty (30) days after receipt of the recommended modifications:
A. Modify the original order in a manner consistent with the recommendations of the Colorado Land
Use Commission and resubmit the order to the Colorado Land Use Commission, or
B. Notify the Colorado Land Use Commission that the Commission's recommendations are rejected.
21-1-280. Recording of Notice of Designation.
A notice of the designation shall be certified by the Board of County Commissioners to the County Clerk
and Recorder and shall be filed in the same manner as any document affecting real property.
21-1-290. Effect of Designation - Moratorium Until Final Determination.
After a matter of state interest is designated pursuant hereto, no person shall engage in development in
such area and no such activity shall be conducted until the designation and regulations for such area or activity
are finally determined as required by C.R.S. § 24-65.1-404(4).
21-1-300. Combined Designation and Permit Hearing.
If a person proposes to engage in development in an area of state interest or to conduct an activity of state
interest not previously identified, designated, or for which regulations have not been adopted or for which
amendments are pending, the Board of County Commissioners alone may hold one hearing for determination
of identification, designation and regulations as well as for granting or denying the permit. No permit that is
granted at the conclusion of any such hearing shall have the authority to engage in development or to conduct an
activity until the identification, designation and regulations are finally determined.
ARTICLE II
Permit Regulations
Div. 1 Permit Requirements
21-2-10. Activities Requiring Permits.
Any person desiring to engage in a development in a designated area of state interest, or to conduct a
designated activity of state interest once designated pursuant to these § 1041 Regulations, must apply for and
obtain a permit from Weld County.
21-2-20. Specific Activities Exempted from the Permit Process.
A. Any system, extension, or project not covered by the preceding Section 21-2-10.
B. Systems,extensions,or projects which are located on unincorporated land that is an enclave within
the municipality proposing the activity.
C. Upgrades to existing facilities that are required maintenance or otherwise required by Federal,
State or County regulations,including repairing or replacing old or outdated equipment,or installing
new equipment or ancillary facilities, provided the improvements do not expand levels of service
beyond design capacity, and provided further that the upgrade does not alter the location of the
existing facility.
D. Any system,extension, or project necessary to serve any subdivision or other use approved under
the zoning, subdivision or other land use regulations of Weld County as set forth in this Code (with
the exception of uses reviewed solely under C.R.S. § 30-28-110(1)), which meets one of the
following criteria:
Page 6 CODE ORD2001-6
1. That the service provider obtains a specific exemption from the Planning Director, approval
or denial of which may be appealed to the Board of County Commissioners within fifteen
(15)days of the action taken. Such exemption shall be based on the conclusion that review
of the proposed service facilities fall outside the purposes of the § 1041 Regulations.
Exemption under this section is not subject to the procedures set forth in Section 21-2-30,
below. Any such appeal shall follow the appeals procedure set forth in Section 2-4-10 of
this Code.
2. That the Board of County Commissioners specifies in its approval of the subdivision or
other land use that separate review of the system, extension or proposal is not necessary
under the § 1041 Regulations.
E. Any system,extension, or project which, as of the date of designation as a matter of state interest,
the activity meets any one of the following conditions:
1. Is part of final discretionary County approval and protected by a site specific development
plan or agreement whose vesting period has not expired.
2. Has a complete application filed and in process for a discretionary County land use
approval (not including an application under C.R.S. §30-28-110(1)), provided the applicant
(if a public entity) formally commits to being bound by any conditions of a final County
approval or by denial of the application.
3. Has a County land use permit issued: (I)within the preceding ninety (90) days; (ii)within
the previous two years and on which work has commenced and been diligently pursued or
completed; or (iii) as to which vested rights were obtained and remain effective, all as
provided in Chapter 23A and/or 23B of this Code.
F. Any system, extension or project otherwise covered under Section 21-2-10, above, for which an
application for an exemption is filed with the Planning Department no later than the effective date
of the amendment of the Code to include these § 1041 Regulations, and the proponent
demonstrates to the satisfaction of the Board, at a public hearing of which the proponent shall
receive reasonable prior notice, that:
1. The proponent has made significant financial commitments to the planning or engineering
of the system, extension, or project on or before the date of designation.
2. Review of the system,extension,or project under these regulations is unnecessary to fulfill
the purposes of these regulations because it would not significantly affect the protection of
the public health, safety, and welfare or the natural environment.
21-2-30. Determination of Whether a Proposed Activity Is Subject to Permit Requirement.
A. The Planning Department shall determine the applicability of these § 1041 Regulations to the
conduct of particular proposed activities. This determination shall be made within ten(10)calendar
days after the Planning Department receives a written request containing adequate information for
the Planning Department to make a determination. Notice of such determination shall be published
in the next issue of the newspaper of general circulation in the County designated by the Board as
the County legal newspaper. If any person is aggrieved by the decision of the Planning Department
to include an activity within or exempt it from these § 1041 Regulations, that person may file an
appeal to the Board of County Commissioners no later than ten (10) days after the date of the
Planning Department's written decision. Any such appeal shall follow the appeals procedure set
forth in Section 2-4-10 of this Code.
B. The Board of County Commissioners shall schedule a public hearing on the appeal to be held no
more than thirty (30) days after the appeal is filed.
C. For the purpose of deciding the appeal, the Board may require the applicant to provide a
description and declaration of the scope of the activity.
D. At the appeal hearing,the appellant shall have the burden of proving that the Planning Department
erred in the decision to include or exclude the activity from the § 1041 Regulations.
E. The Board's decision shall be final for purposes of an appeal under C.R.C.P. 106.
Div. 2 Permit Application
Page 7 CODE ORD2001-6
21-2-200. Permits Required After Designation; Receipt of Application Form.
A. Any person desiring to engage in a development, expansion or project subject to the § 1041
Regulations shall submit an application for a permit in a form provided by the Planning Department.
B. An application shall not be accepted or processed unless it is complete. The form shall be
accompanied by all fees, maps, plans and reports required by these § 1041 Regulations. A
request for waiver of submission requirements pursuant to the§ 1041 Regulations shall not render
the application incomplete. If the application is considered incomplete by the Planning Department,
the Planning Department shall specify what additional information is required. An application need
not meet the submission requirements for other than the particular development alternative for
which a permit is being sought in order for the application to be considered complete. When a
submitted application is considered to be complete by the Planning Department, the Planning
Department shall note upon the application the date and hour of its receipt.
C. When an applicant seeks a permit to engage in development in more than one
area of state interest or to conduct more than one activity of state interest, or to engage in
development in one area of state interest and to conduct one activity of state interest, a single
application may be completed for all such activities or developments and may be reviewed by the
Board of County Commissioners in one consolidated hearing.
D. In addition to the substantive information specified in these §1041 Regulations, a complete
application must designate all agents for the applicant and exhibit the applicant's or agent's
signature. If the signature is by an agent, written proof of the agent's authority must also be
submitted. The signature upon an application form will be assumed to indicate the applicant's
concurrence with all submissions and commitments made by their designated agent, unless
otherwise specified in writing in the application.
E. The applicant shall submit a certified list of the names, addresses and the corresponding Parcel
Identification Numbers assigned by the County Assessor of the owners of property (the surface
estate) within one-thousand three-hundred twenty (1320) feet of the boundaries of the property
proposed to be physically disturbed; except for transmission line or pipeline projects, for which
surface property owners for five-hundred (500)feet on either side of the centerline of the proposed
alignment. The source of such list shall be the records of the County Assessor, or an ownership
update from a title or abstract company or attorney derived from such records, or from the records
of the County Clerk and Recorder. If the list was assembled from the records of the County
Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the
application submission date.
F. The applicant shall submit an affidavit listing the names and addresses of all mineral owners and
lessees of mineral owners on or under the parcel of land being considered. The list shall be
prepared from the real property records of the County Clerk and Recorder, and shall be current as
of a date no more than thirty(30)days prior to the date the application is submitted to the Planning
Department.
21-2-210. Application Fee.
Each application shall be accompanied by the payment of an application fee which shall be set by the
Board of County Commissioners from time to time by amendments to this Code.
21-2-220. Consultants.
A. If the County does not have qualified staff to review certain elements of an application or referral
agencies are not able to adequately advise the County regarding certain elements of an
application, the Board of County Commissioners may authorize the review to be performed by a
consultant engaged for such purpose by the Planning Department. All fees for such consultant
shall be paid for by the applicant. In determining its need for engagement of a consultant, the
Planning Department may consider the technical expertise which is available from the applicant,
but the Planning Department reserves the right to engage any independent consultant. If the
Planning Department proposes to engage a consultant, the Planning Department shall prepare a
written summary which shall describe the proposed scope of the consultant's engagement, the
qualifications of the consultant, the identity of the consultant, if known, and the estimated cost of
the consultation. This summary shall be made available to the applicant and the applicant shall be
given a reasonable opportunity to comment on the proposal,which comments shall be considered
Page 8 CODE ORD2001-6
by the Planning Department, but shall not be binding on it. The Planning Department shall then
respond to the applicant as to the terms of the consultant's engagement, and the applicant shall
have a reasonable opportunity to withdraw the application as an alternative to going forward with
the application under such terms. The applicant may request that any decision to engage a
consultant be reviewed by the Board of County Commissioners.
B. The Planning Department may submit the application to referral agencies with a request that they
review technical or other specific aspects of the application in an area of the agencies' expertise,
as provided below. Should the agency impose a fee for such a review, said fee shall be included
in the processing expenses to be paid for by the applicant.
C. Professional qualifications of consultants for the application.
1. A professional consultant may not be necessary for all applications. The following may
require professional assistance:
a. Improvement plans and reports for water supply,sanitation,drainage,utilities,soils,
grading, roads, structures, pollution mitigation devices, and other civil engineering
work for the project must be certified by a registered Colorado Professional
Engineer, or other qualified professional engineer exempted from licensing
requirements by state statute.
b. All documents containing land survey descriptions must be certified by a registered
Colorado Professional Land Surveyor, or other qualified professional surveyor or
civil engineer.
c. Geology reports shall be prepared by a geologist by a state, or other qualified
professional geologist.
2. All data and plans submitted for review must show the qualifications of the individual in
charge of the work.
21-2-230. Waiver of Submission Requirements.
The Planning Department may waive any part of the submission requirements which are not relevant to
the decision on the application or which the applicant convinces the Planning Department are unreasonably
burdensome for the applicant.
21-2-240. Intergovernmental Agreements.
Upon the request of the State of Colorado or a political subdivision of the State,as defined by C.R.S. §29-
1-202(1), proposing to engage in an area or activity of state interest,the requirements of these§1041 Regulations
may be met by the approval of an intergovernmental agreement between the County and such applicant. The
County may, but shall be under no obligation to do so, approve such an intergovernmental agreement in-lieu of
a permit application and review as provided by these §1041 Regulations. In the event such an agreement is
approved by the County, no permit application to conduct the activity or area of state interest shall be required,
provided that all of the following conditions are met:
A. The State or political subdivision applicant and the County must both be authorized by Article XIV,
Section 18(2)of the Colorado Constitution,and C.R.S.§§29-1-201,et.seq.,29-20-105 and 29-20-
107, to enter into such agreement.
B. The purpose and intent of the § 1041 Regulations must be satisfied by the terms
of the agreement.
C. A public hearing must be conducted by the Board of County Commissioners in conformance with
the provisions of these §1041 Regulations for hearing on a development permit application, with
the exception that references to "permit application" shall be deemed replaced with "proposed
intergovernmental agreement." Prior to the hearing, the Board of County Commissioners shall
approve the form of any proposed intergovernmental agreement, subject, however, to final
approval of the agreement at the conclusion of or subsequent to the public hearing and based upon
the evidence presented there. The public hearing shall be for the purpose of taking comment upon
the proposed intergovernmental agreement, the provisions of which have been determined to be
acceptable to the applicant and to the County.
D. Both the Board of County Commissioners and the State or the governing body of
the political subdivision applicant must approve the agreement in the manner required of each of
them by the Colorado Constitution, statutes and any applicable charter, ordinance or resolution.
E. Exercise of the provisions of this Section 21-2-240 by the State or political subdivision applicant will
Page 9 CODE ORD2001-6
not prevent that entity from electing at any time to proceed under the permit provisions of these §
1041 Regulations. Additionally, any entity which has previously proceeded under the permit
provisions of these§ 1041 Regulations may at any time elect to proceed instead under this Section
21-2-240.
21-2-250. Application Processing.
The Board of County Commissioners has the authority to grant a permit pursuant to these § 1041
Regulations. All requests for such permits shall be reviewed by the Planning Commission. The Planning
Commission recommendation shall be forwarded to and considered by the Board of County Commissioners.
21-2-260. Duties of Department of Planning Services.
A. The Department of Planning Services shall be responsible for processing all applications for
permits pursuant to these§ 1041 Regulations. The Department shall also have the responsibility
of ensuring that all application submittal requirements are met prior to initiating any official action
as listed below.
B. Upon determination that the application submittal is complete,the Department of Planning Services
shall:
1. Set a Planning Commission hearing date not more than thirty(30)days after the complete
application has been submitted.
2. Give notice of the application and the public hearing date to those persons listed in the
application as owners of property located within one-thousand three-hundred twenty(1320)
feet of the boundaries of the property proposed to be physically disturbed, except for
transmission line or pipeline projects, for which surface property owners for five-hundred
(500)feet on either side of the centerline of the proposed alignment,and to interest holders
(excluding mineral interests) in any real property proposed to be physically disturbed or
crossed by the activity or development which is the subject of the application. Such notice
shall be mailed,first class, not less than ten (10)days before the scheduled public hearing.
Such notice is not required by state statute and is provided as a courtesy to surrounding
property owners(the surface estate). Inadvertent errors by the applicant in supplying such
list or the Department of Planning Services in sending such notice shall not create a
jurisdictional defect in the hearing process, even if such error results in the failure of a
surrounding property owner to receive such notification.
3. Give notice of the application and the public hearing date to those persons listed in the
application as owners and lessees of the mineral estate on or under the parcel under
consideration. Such notification shall be mailed, first class, not less than ten (10) days
before the scheduled public hearing. Such notice is not required by state statute and is
provided as a courtesy to the owners and lessees of the mineral estate on or under the
parcel. Inadvertent errors by the applicant in supplying such list or the Department of
Planning Services in sending such notice shall not create a jurisdictional defect in the
hearing process, even if such error results in the failure of a surrounding property owner
to receive such notification.
4. A sign shall be posted for the applicant on the property under consideration for such permit.
The sign shall be posted adjacent to and visible from a publicly maintained road right-of-
way. In the event the property under consideration is not adjacent to a publicly maintained
road right-of-way, one (1)sign shall be posted in the most prominent place on the property
and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way. The sign shall be posted at least ten (10)days prior
to the hearing, and include the following information:
a. Permit number.
b. Date, place and time of public hearing.
c. Location and phone number of the public office where additional information may
be obtained.
d. Applicant's name and address.
e. Size of parcel of land.
f. Type of request.
5. Arrange for legal notice of said hearing to be published once in a newspaper of general
Page 10 CODE ORD2001-6
circulation in Weld County designated by the Board of County Commissioners for
publication of notices. Such notice shall also be given to other persons and entities in the
same manner as set forth for the notice of a designation hearing. At the discretion of the
Board of County Commissioners, a second notice may be published in a newspaper which
is published in the area in which the permit activity is proposed. Failure to publish the
second notice shall not create a jurisdictional defect in the hearing process. The date of
publication shall be at least ten (10) days prior to the hearing.
6. Refer the application for their review and comment to those referral agencies deemed by
the Department of Planning Services, in its sole discretion, to be appropriate to the subject
matter of the application. The agencies named shall respond within twenty-one (21)days
after the mailing of the application. The failure of any agency to respond within twenty-one
(21) days may be deemed to be a favorable response to the Planning Commission. The
reviews and comments solicited by the referral are intended to provide Weld County with
information about the proposed activity. The Planning Commission and Board of County
Commissioners may consider all such reviews and comments and may solicit additional
information if such information is deemed necessary. The reviews and comments
submitted by a referral agency are recommendations to Weld County. The authority and
responsibility for making the decision to approve or deny the request for a permit pursuant
to these § 1041 Regulations rests with the officials of Weld County.
7. Prepare staff comments for use by the Planning Commission addressing all aspects of the
application, its conformance with these§ 1041 Regulations and any other applicable code
provision or ordinance in effect,adopted master plans of affected municipalities,sound land
use planning practices, and comments received from agencies to which the proposal was
referred.
Div. 3 Permit Hearings
21-2-300. Permit Hearing Before Planning Commission.
A. The Planning Commission shall hold a hearing to consider the application for the § 1041 Permit.
The Planning Commission shall provide recommendations to the Board of County Commissioners
concerning the disposition of the request. The Planning Commission shall approve the request for
the § 1041 Permit only if it finds that the applicant has met the standards or conditions set forth in
the § 1041 Regulations governing the area or activity of state interest involved in the application,
as set forth in the Article of this Chapter 21 applicable to each such area or activity of designation.
The burden of proof shall be upon the applicant to show compliance with such standards or
conditions.
B. The Secretary of the Planning Commission shall forward the official recommendation of the
Planning Commission and the information contained in the official record, which includes the
Department of Planning Services case file, to the Clerk to the Board within ten (10)days after said
recommendation has been made.
C. If the Planning Commission recommendation is conditional upon the applicant completing certain
specified items prior to the publication of the notice for the hearing by the Board of County
Commissioners,the ten-day period shall commence upon submission of the items by the applicant
to the Department of Planning Services.
21-2-310. Permit Hearing Before Board of County Commissioners.
A. The Board of County Commissioners shall:
1. Set a Board of County Commissioners public hearing,to take place not more than forty-five
(45) days after receipt of the Planning Commission recommendation, or upon request of
the applicant, for consideration of the proposed § 1041 Permit.
2. Arrange for legal notice of said hearing to be published once in a newspaper of general
circulation in Weld County designated by the Board of County Commissioners for
publication of notices. Such notice shall also be given to other persons and entities in the
same manner as set forth for the notice of a designation hearing. At the discretion of the
Board, a second notice may be published in a newspaper which is published in the area in
which the permit activity is proposed. Failure to publish the second notice shall not create
Page 11 CODE ORD2001-6
a jurisdictional defect in the hearing process. The date of publication shall be at least ten
(10) days prior to the hearing.
3. Give notice of the application and the public hearing date to those persons listed in the
application as owners of property located within one-thousand three-hundred twenty(1320)
feet of the boundaries of the property proposed to be physically disturbed, except for
transmission line or pipeline projects, for which surface property owners for five-hundred
(500)feet on either side of the centerline of the proposed alignment, and to interest holders
(excluding mineral interests) in any real property proposed to be physically disturbed or
crossed by the activity or development which is the subject of the application. Such notice
shall be mailed,first class, not less than ten(10)days before the scheduled public hearing.
Such notice is not required by state statute and is provided as a courtesy to surrounding
property owners (the surface estate). Inadvertent errors by the applicant in supplying such
list or the Board of County Commissioners in sending such notice shall not create a
jurisdictional defect in the hearing process, even if such error results in the failure of a
surrounding property owner to receive such notification.
4. Give notice of the application and the public hearing date to those persons listed in the
application as owners and lessees of the mineral estate on or under the parcel under
consideration. Such notification shall be mailed, first class, not less than ten (10) days
before the scheduled public hearing. Such notice is not required by state statute and is
provided as a courtesy to the owners and lessees of the mineral estate on or under the
parcel. Inadvertent errors by the applicant in supplying such list or the Board of County
Commissioners in sending such notice shall not create a jurisdictional defect in the hearing
process, even if such error results in the failure of a surrounding property owner to receive
such notification.
5. Arrange for the Department of Planning Services to post a sign on the property under
consideration for a Special Review Permit according to the requirements of Section 21-2-
260B.4 of this Article.
B. The Board of County Commissioners shall hold a public hearing to consider the application and to
take final action thereon. In making a decision on the proposed request, the Board of County
Commissioners shall consider the recommendation of the Planning Commission,and from the facts
presented at the public hearing and the information contained in the official record which includes
the Department of Planning Services case file, the Board of County Commissioners shall approve
the request for the § 1041 Permit only if it finds that the applicant has met the standards or
conditions set forth in the § 1041 Regulations governing the area or activity of state interest
involved in the application,as set forth in the Article of this Chapter 21 applicable to each such area
or activity of designation. The burden of proof shall be upon the applicant to show compliance with
such standards or conditions. The Board of County Commissioners shall reach a decision on a
permit application within thirty (30) days after the completion of the permit hearing, or the permit
shall be deemed approved.
C. Where reasonable methods or techniques are available to mitigate any negative impacts which
could be generated by the proposed request upon the surrounding area, the Board of County
Commissioners may condition the decision to approve the § 1041 Permit upon implementation of
such methods or techniques and may require sufficient performance guarantees to be posted with
Weld County to guarantee such implementation, as set forth in Section 21-2-410 of this Article.
D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that
decision will be drafted and signed. A record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board.
E. If the § 1041 Permit is approved, the Board of County Commissioners shall arrange for the
Department of Planning Services to record the§ 1041 Permit Plan map with the County Clerk and
Recorder.
21-2-320. Public Hearings of Other Land Use Matters.
In cases in which the development or activity must also comply with other provisions of County zoning or
subdivision regulations, the permit hearings required by these§ 1041 Regulations may be held at the same time
as the public hearing(s) on such other land use matter(s).
Page 12 CODE ORD2001-6
21-2-330. Judicial Review.
Any action seeking judicial review of a final decision of the Board of County Commissioners shall be
initiated within thirty (30) days after the decision is made, in the District Court in and for Weld County, pursuant
to Rule 106 of the Colorado Rules of Civil Procedure.
Div. 4 Issuance, Revocation or Suspension of Permits
21-2400. Issuance of Permits.
A. The permit shall be issued on the form adopted by the Board of County Commissioners.
B. The permit may be issued for an indefinite term, or for a specific period of years.
21-2410. Financial Security.
A. Before any permit is issued, the Board of County Commissioners may, in its discretion, require the
applicant to file a guarantee of financial security deemed adequate by the Board and payable to
Weld County. If such a financial guarantee is required, the Board shall include in its written
decision findings as to the reason for the security and the basis for the amount of security required.
To the extent feasible, the Board shall notify the applicant as soon as it concludes that it may
require financial security for the project,which notification may include the Board's position at that
time on the reason for the requirement and the amount of security under consideration,so that the
applicant may speak to such matters in the public hearing on the permit.
B. The purpose of the financial guarantee shall be to assure that the applicant or permittee shall
faithfully perform all requirements of the permit or applicable regulations adopted by the Board of
County Commissioners.
C. Any requirement for a financial guarantee shall be specified in the written decision of the Board on
the permit application. Such financial guarantee shall be made in conformance with the County
policy on collateral for improvements.
21-2420. Revocation or Suspension of Permits.
A. In the event the Board of County Commissioners has reason to believe that the provision of any
permit or the terms of any regulation for administration have been violated by the holder of the
permit, the Board may temporarily suspend the permit for a period of thirty (30) days. Before
imposing such a temporary suspension,the Board shall give the permit holder written notice of the
specific violation and shall allow the permit holder a period of at least fifteen (15) days to correct
the violations. It the permit holder does not concur that there is a violation, he shall, within fifteen
(15)days of his receipt of such notice, show cause to the Board why temporary suspension should
not be ordered. A hearing shall be held within said thirty(30)day period pursuant to the following
subsection.
B. Prior to or subsequent to a temporary suspension, the Board of County Commissioners may
permanently revoke or suspend the permit after conducting a public hearing in substantially the
same manner and after substantially the same notice as for permit hearings, and if it finds:
1. A violation of any provision of the permit or applicable regulation for administration of the
matter of state interest concerned; or
2. The applicant has failed to take substantial steps to initiate the permitted development or
activity within twenty-four (24) months from the date of the permit, or, if such steps have
been taken,the applicant has failed to complete the development or activity with reasonable
diligence. "Substantial steps"do not require construction activity and may include, among
other things, legal or administrative proceedings and activities directly associated with the
applicant's project. An extension of the time within which substantial steps to initiate the
permitted development or activity need be taken may be granted by the Board of County
Commissioners upon the request of the applicant and a showing of good cause therefor.
C. Upon good cause shown by the permit holder,any revoked or suspended permit may be reinstated,
effective immediately upon such reinstatement, within twelve (12) months after revocation or
suspension.
D. Where the Board of County Commissioners is considering the revocation or suspension of a
permit, the Board shall consider evidence and statements in mitigation and in aggravation of the
Page 13 CODE ORD2001-6
violation or failure to act prior to determining the appropriate penalty, taking into consideration the
items listed in Section 2-4-50(0) of this Code.
21-2-430. Annual Review.
A. Within thirty (30) days prior to each annual anniversary date of the granting of a permit by the
Board of County Commissioners, the Permittee shall submit a report detailing all past activities
conducted by the permittee pursuant to the permit including a satisfactory showing that the
permittee has complied with all conditions of the permit and applicable regulations. The Permittee
need not inform the Board of activities, such as operational changes,which are not the subject of
a permit condition.
B. The Board of County Commissioners shall review the report set forth in Section 21-2-430(1)within
thirty(30)days from the date of submittal thereof. If the Board determines, based upon its review,
that the Permittee is likely to have violated the provisions of the permit or applicable regulations,
it shall consider the matter at a scheduled public hearing. If the Board determines at the public
hearing that the Permittee has violated the provisions of the permit or applicable regulations, the
Board may suspend or revoke the permit in accordance with these § 1041 Regulations.
C. Upon notice to the Board of County Commissioners of the fulfillment of all permit conditions, and
the Board's concurrence therein, the Board may terminate any annual review requirements.
D. The Board of County Commissioners may waive or modify the annual review requirements on its
own initiative and discretion or upon petition of the Permittee and upon a showing of good cause
therefore.
Div. 5 Administration, Enforcement and Penalties
21-2-500. Enforcement and Penalties.
Any person engaging in a development in a designated area of a state interest or conducting a designated
activity of state interest who does not obtain a permit pursuant to these
§ 1041 Regulations, who does not comply with permit requirements, or who acts outside the authority of the §
1041 Permit, may be enjoined by Weld County or the Colorado Land Use Commission from engaging in such
development or conducting such activity, and may be, subject to such other criminal or civil liability as may be
prescribed by law.
21-2-510. Mapping Disputes.
Where interpretation is needed as to the exact location of the boundary of any area designated for areas
and activities of state interest and where there appears to be a conflict between a mapped boundary and actual
field conditions, the Board of County Commissioners shall make the necessary determination of the boundary.
Any person contesting the location of the boundary shall be given an opportunity to present a case on the subject
to the Board.
21-2-520. Inspection.
A. The Board of County Commissioners or its authorized representative is hereby empowered and
directed to inspect and examine the use,occupation or development of or activity in each and every
area or activity subject to these § 1041 Regulations for the purpose of determining from time to
time whether or not any use, occupation, development or activity is in violation of any of the
provisions of these § 1041 Regulations or of any permit issued or required pursuant to these or
other applicable regulations.
B. If a violation shall be found to exist, the Board of County Commissioners or its authorized
representative shall by written order direct that such remedial action be taken forthwith as will result
in full compliance with the applicable regulations, provided, however, that the issuance of such
order shall in no way or manner be deemed a prerequisite to the institution of such enforcement
proceedings as are set forth in these § 1041 Regulations; and provided further, that compliance
with such order shall not necessarily be deemed to be a defense to any alleged violation of these
§ 1041 Regulations or other applicable regulations of Weld County or the State of Colorado.
21-2-530. Nonconforming Uses.
The provisions of these§ 1041 Regulations shall not apply to any nonconforming use,and then only to the
Page 14 CODE ORD2001-6
extent such use existed on the date the area is designated or subjected to these§ 1041 Regulations. When such
a nonconforming use shall be discontinued for six (6) months or more or a nonconforming structure is damaged
or destroyed to the extent of at least fifty (50) percent of the appraised value, any reuse, reconstruction, or
replacement of such structure shall be deemed a new use and shall be subject to the provisions of these § 1041
Regulations. Any expansion of a nonconforming use shall be fully subject to these § 1041 Regulations. For the
purposes of this Section, a "nonconforming use" shall be defined as a use that does not conform to a provision
or requirement of this Chapter 21, but was lawfully established prior to the time of its applicability.
ARTICLE III
Site Selection and Construction of Major Facilities of a Public Utility
Div. 1 General and Introductory Provisions
21-3-100. Purpose and Intent.
The purpose and intent of the regulations contained in this Article III are:
A. To encourage planned and orderly land use development.
B. To provide for the needs of agriculture, industry, business, residential communities,and recreation
in future growth.
C. To encourage uses of land and other natural resources which are in accordance with their original
character and adaptability.
D. To conserve soil,water,and agricultural resources and to protect vested water and property rights.
E. To protect the beauty of the landscape.
F. To promote the efficient and economic use of public resources.
G. To regulate the site selection and construction of major facilities of a public utility to prevent
significant deterioration or degradation of existing environmental quality in Weld County.
H. To avoid or reduce direct conflicts with adopted local government, regional and state master plans.
To regulate the site selection and construction of major facilities of a public utility to preserve the
health and welfare of the citizens of Weld County.
21-3-110. 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 major facilities of a public utility shall be construed to have the meanings set
forth as follows:
A. Appurtenant facilities: Any buildings, structures or other property which are clearly incidental to,
and customarily found in connection with major facilities of public utilities and are operated and
maintained for the benefit or convenience of the occupants, employees, customers or visitors of
such major facilities.
B. Maior facilities of a public utility means the following (This definition applies to all electrical utilities,
regardless of whether they are subject to the jurisdiction of the Colorado Public Utilities
Commission, which sell electrical power to entities other than themselves.):
1. Any transmission lines, power plants, and substations of electrical utilities.
2. Any pipelines and storage areas of utilities providing natural gas or other petroleum
derivatives to power plants and substations of electrical utilities.
3. Any other appurtenant facilities of a public utility which in the opinion of the Board either by
itself or in conjunction with other major facilities of a public utility are likely to cause a major
impact upon the health, welfare, or safety of the citizens of Weld County, or upon the
physical, social, or economic environment of Weld County or this region.
C. Mitigation means:
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 public services and facilities.
5. Compliance with reasonable conditions and development standards.
D. Pipelines: Any pipeline and appurtenant facilities designed for, or capable of, transporting natural
Page 15 CODE ORD2001-6
gas or other petroleum derivatives of ten(10)inches diameter or larger which creates a hoop stress
of 20 percent or more at their specified minimum yield strength.
E. Power plant: Any electrical energy generating facility with a generating capacity of fifty (50)
megawatts or more, and any facilities appurtenant thereto, or any addition thereto increasing the
existing design capacity of the facility by fifty (50) megawatts or more.
F. Public utilities: As used in these § 1041 Regulations means the term as defined by C.R.S. §40-1-
103.
G. Site selection: The process for determining the location of major facilities of a public utility or the
expansion of existing major facilities of a public utility.
H. Storage area: Any facility, including appurtenant facilities, designed to store 50 million cubic feet
or more of natural gas or 35,000 barrels or more of petroleum derivatives, or any expansion of any
existing storage facilities to accommodate an additional 50 million cubic feet or more of natural gas
or 35,000 barrels or more of petroleum derivatives.
Substation: Any facility designed to provide switching, voltage transformation, or voltage control
required for the transmission of electricity at 115 kV or greater.
J. Transmission lines: Those electrical lines and appurtenant facilities which meet all of the following
criteria:
1. Either a series of three or more structures and appurtenant facilities erected above ground
which support one or more conductors or a power line placed underground.
2. Which lines emanate from a power plant or a substation/transition site and terminate at a
substation/transition site.
3. Which are designed to transmit electrical voltages of 115kV or greater.
21-3-120. Applicability.
These § 1041 Regulations shall apply to site selection of major facilities of any public utility to be located
wholly or partially within the unincorporated territory of Weld County, Colorado.
21-3-130. Relationship of§1041 Regulations to Other County,State,and Federal Requirements Affecting
Major Facilities of a Public Utility.
A. Nothing in these § 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 § 1041 Regulations differ from any other applicable
requirements, the more restrictive requirements shall apply.
C. Nothing in these§ 1041 Regulations shall be construed as enhancing or diminishing the power and
authority of municipalities,counties,or the Public Utilities Commission. Any order, rule,or directive
issued by any governmental agency pursuant to these§ 1041 Regulations shall not be inconsistent
with or in contravention of any decision, order, or finding of the Public Utilities Commission with
respect to public convenience and necessity. The Public Utilities Commission and public utilities
shall take into consideration and, when feasible, foster compliance with adopted master plans of
local governments, regions and the state.
D. Nothing in these§ 1041 Regulations shall be construed as enhancing or diminishing the rights and
procedures with respect to the power of a public utility to acquire property and rights-of-way by
eminent domain to serve public need in the most economical and expedient manner.
Div. 2 Designation of Site Selection and Construction
of Major Facilities of a Public Utility
21-3-200. Designation of Site Selection and Construction of Major Facilities of a Public Utility.
The Board of County Commissioners, having considered the intensity of current and foreseeable
development pressures, applicable Guidelines for Identification and Designation adopted and issued by the
Colorado Land Use Commission, and the provisions and requirements of these § 1041 Regulations, orders that
the designation of site selection and construction of major facilities of a public utility as a matter of state interest
made by the Board on May 16, 2001, is hereby ratified and confirmed and that this activity shall be regulated
pursuant to the provisions of this Chapter 21.
21-3-210. Boundaries of Area Covered by Designation.
Page 16 CODE ORD2001-6
The site selection and construction of any major facility of a public utility, as defined herein, being wholly
or partially within the boundaries of Weld County, shall be subject to this designation and these § 1041
Regulations.
21-3-220. Reasons for Designation.
The site selection and construction of any major facility of a public utility, as defined herein, is hereby
designated as a matter of state interest for the reasons stated in Section 21-3-100 of this Code.
Div. 3 Permit Program for Site Selection and Construction of
a Major Facility of a Public Utility
21-3-300. Prohibition on Site Selection and Construction of a Major Facility of a Public Utility
Without Permit.
A. No person may locate or construct a major facility of a public utility wholly or partially within the
unincorporated portions of this County without first obtaining a permit pursuant to these § 1041
Regulations.
B. No local authority, including Weld County, may issue a building permit for purposes of selecting
a site for or constructing a major facility of a public utility wholly or partially within the
unincorporated portions of this County without the applicant first having obtained a permit pursuant
to these § 1041 Regulations.
21-3410. 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 major facility of a public utility shall comply with the provisions set forth in
Article II, Chapter 21 of this Code, Permit Regulations, together with the additional regulations set
forth in this Article III.
B. Prior to the pre-application conference, applicant may meet with the Planning Department to
discuss and outline the project. The purpose of the meeting is to discuss general information
pertinent to the 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 Planning Department determines that the nature or extent
of the proposal involves the potential for significant environmental damage or warrants
examination of specific, less environmentally damaging alternatives, the Planning
Department 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 proposal presented.
C. To minimize expenditures of time and money by all concerned,an application for a permit to locate
and construct a major facility of a public utility must begin with a pre-application conference with
the Planning Department.
D. The requirements of these § 1041 Regulations shall not be deemed to waive the requirements of
C.R.S. § 40-5-101, et seq., if applicable, that a public utility obtain a certificate of public
convenience and necessity.
E. Available documents, studies, or reviews by 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.
214-320. Pre-application Conference.
A. Prior to formal filing of the application, the applicant shall confer with the Planning Department to
obtain information and guidance. The purpose of such a conference is to permit the applicant and
the staff to review the proposal informally.
Page 17 CODE ORD2001-6
B. Topics of discussion shall include, but not be limited to:
1. Characteristics of the activity,including its location or potential locations, 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 surrounding areas, including potential environmental
effects and planned mitigation strategies.
2. The nature of the development proposed, including land use types and their densities;
placement of proposed buildings and maintenance of common open space or treatment of
public use areas;the preservation of natural features; proposed parking areas and internal
circulation system,including trails,the total ground coverage of paved areas and structures,
and types of water and sewage treatment systems proposed.
3. Community policy considerations including the review process and likely conformity of the
proposed development with the policies and requirements of these § 1041 Regulations.
4. Applicable regulations, review procedures and submission requirements.
5. 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 during this pre-
application conference are only preliminary in nature and should not be relied upon by the
applicant. All prospective applicants should 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 applicant any public information concerning the application which
is in the County's possession.
E. The Planning Department shall consider the County's application requirements for the 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 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 § 1041
Regulations.
214-330. Application Submittal Requirements.
A. These application submittal requirements shall apply to all applications for a development permit
for a major facility of a public utility, except for requirements which have been waived as provided
in these § 1041 Regulations.
B. Submittal requirements for all applications for a development permit for a major facility of a public
utility, where applicable:
1. The following are general requirements for any map or plan required hereunder. Minimum
requirements include:
a. The name of the proposed development or use and total number of acres under
consideration.
b. Because all maps and plans may be used for public presentation, the map scale
and size should be large enough for effective presentation and should accurately
illustrate the application.
c. Name, address, and telephone number of the applicant, designer, engineer,
surveyor, and any other consultants of the applicant.
d. Date of preparation, revision box, written scale, graphic scale, and north arrow for
each map.
2. The applicant must provide the following information concerning title of the project site,
which shall be the entire proposed alignment or corridor under consideration at the time of
the application for transmission line and pipeline projects:
a. The names and addresses of all surface property owners of the project site and
within 1320 feet of the boundaries of the property proposed to be physically
disturbed,except for transmission line or pipeline projects,for which the names and
addresses of all surface property owners for 500 feet on either side of the centerline
Page 18 CODE ORD2001-6
of the proposed alignment shall be provided.
b. The planned access to the project site and the means the applicant intends to use
to obtain a legal right to utilize such access, including copies of any access or right-
of-way agreements entered into by the date of the application for such access.
c. The names and addresses of persons or entities with an interest in any real property
proposed to be physically disturbed or crossed by the activity or development which
is the subject of the application, excluding mineral interests but including those
holding mortgages, judgments, liens, easements, contract rights, rights of way,
reservations,exceptions,or other encumbrances,at least to the extent shown in the
records of the Clerk and Recorder of Weld County or of which applicant has actual
knowledge.
d. The names and addresses of mineral interest holders with an interest in any real
property proposed to be physically disturbed or crossed by the activity or
development which is the subject of the application in the case of projects to be
constructed more than ten feet below the surface, excluding foundation structures
for above-ground transmission lines, at least to the extent shown in the records of
the Clerk and Recorder and Assessor of Weld County. In addition, the applicant
shall provide a certificate stating the process by which the applicant compiled such
information,when such information was compiled, and the steps which were taken
to ensure the accuracy of the information. The County will require that the
information be compiled and verified in a manner reasonably designed to ensure the
accuracy of such information, but shall not require the use of title insurance or
attorney's title opinions. The County will require that the last search for such
information have been updated no later than ten (10)days before the date that the
application is submitted, and that such information be updated again no later than
ten days before the public hearing on the application.
3. § 1041 Permit Map:
a. The map shall be delineated on reproducible material approved by the Department
of Planning Services.
b. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24)
inches high.
c. The map shall include certificates for the property owner's signature, the Planning
Commission,the Board of County Commissioners and the Clerk to the Board. The
required content of the certificates is available from the Planning Department.
d. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit
Plan Map.
The scale of the vicinity map shall be one (1) inch equals six hundred (600)
feet or at another suitable scale if approved by the Planning Department.
ii. The vicinity map shall delineate all of the required information within a one-
half(%2) mile radius of the property proposed for the Use by Special Review.
iii. The following information shall be shown on the vicinity map:
• Section, township and range.
• Scale and north arrow.
• Outline of the perimeter of the parcel proposed for the site.
• The general classifications and distribution of soils over the parcel
under consideration. Soil classification names and agricultural
capability classifications must be noted in the legend.
• Locations and names of all roads, irrigation ditches and water
features.
• Location of all residences within a one-half-mile radius, existing and
proposed accesses to the property proposed for the facility, any
abutting subdivision outlines and names, and the boundaries of any
adjacent municipality.
• Any other relevant information within a one-half-mile distance of the
perimeter property proposed for the facility as may be reasonably
required by the County to meet the intent and purpose of this
Page 19 CODE ORD2001-6
Chapter 21.
4. Plot Plan. A plot plan of the facility area shall be drawn on the § 1041 Permit Map.
a. The scale of the plot plan shall be one inch (1") equals one hundred feet (100) or
at another suitable scale if approved by the Planning Department.
b. The plot plan shall outline the boundaries of the parcel being considered for the
facility.
c. The plot plan shall include the location and identification of all of the following items
which are presently existing within a two-hundred foot (200') radius of the
boundaries of the § 1041 Permit area as well as within the area itself; it shall also
include the proposed features and structures of the facility:
All public rights-of-way of record (including names).
ii. All existing and proposed structures.
iii. All utility easements or rights-of-way for telephone, gas, electric, water and
sewer lines.
iv. Irrigation ditches.
v. Adjacent property lines and respective owners' names (may be shown on
vicinity map instead).
vi. All hydrographic features including streams, rivers, ponds and reservoirs
(including names).
vii. Topography at two-foot contour intervals or at intervals as determined
necessary by the Planning Department.
viii. Location of areas of moderate or severe soil limitations as defined by the
Natural Resources Conservation Service or by a soil survey and study
prepared by a soils engineer or scientist for the uses and associated
structures proposed for the parcel.
ix. Location and design of storm water management devices or structures.
x. Complete traffic circulation and parking plan showing locations and sizes.
xi. Location, amount, size and type of any proposed landscaping, fencing,
walls, berms or other screening.
xii. Location of any flood hazard, geologic hazard or mineral resource areas.
xiii. Such additional information as may be reasonably required by the Planning
Department, the Planning Commission or the Board of County
Commissioners in order to determine that the application meets the
requirements of this Chapter 21 and the policies of Chapter 22 of this Code
and any other applicable Code provision or ordinance in effect.
5. The following items and information:
a. Description of the present use and zoning.
b. A sketch showing the following:
If a power plant is proposed, the area within fifty (50) miles from the site.
ii. If new transmission lines or pipelines are proposed, provide map showing
all existing transmission lines and pipelines for a distance of two miles
beyond any reasonable alternative studied.
c. For upgrades of existing transmission lines or gas pipelines, provide a sketch
showing all existing transmission lines and pipelines within one mile on either side
of the proposed alignment.
d. For all other major facilities of a public utility, provide a sketch showing the area
within ten (10) miles of the site if another major facility is proposed.
e. Type of facility - specify where applicable:
Approximate floor space of office building.
ii. The voltages and lengths of transmission lines.
iii. Power source and generating capacity.
iv. The functions and sizes of substations.
v. The diameters and lengths of pipelines.
vi. The capacities of the storage tanks and types of petroleum derivative to be
stored.
vii. Corridor locations.
Page 20 CODE ORD2001-6
viii. Service area.
ix. Resource area (e.g., source of power being generated or transmitted,
source of petroleum derivative being transported).
f. Projected development schedule:
Estimate maximum number of employees, number of shifts and employees
per shift during the construction, operation, and maintenance phases of the
project.
ii. Specify any future phases or extensions of the facility and relationship of the
facility (if currently foreseen) to larger programs and plans.
iii. Specify timetable for planning (e.g., Federal permits, other State permits,
local zoning, etc.).
iv. Estimate beginning and completion of construction and beginning of
operation of facility.
v. Describe support facilities (e.g., pollution control, parking areas,
landscaping, etc.)to be provided.
vi. Describe any feasible"non-structural"alternatives to meet the objectives of
the proposed site selection and construction.
g. Hazards and emergency procedures:
Describe hazards, if any, of fire, explosion and other dangers to the health,
safety and welfare of employees and the general public.
ii. Describe hazards, if any, of environmental damage and contamination due
to materials used at or activities taking place at the proposed facility.
iii. Describe emergency procedures to be used in the event of fire, explosion
or other event which may endanger the public health, safety and welfare.
iv. Describe any prevalent natural hazards that will affect or be affected by
development, and describe mitigating measures to be taken to reduce
danger due to such natural hazards.
h. Name, address and telephone number of the applicants.
Name and address of the fee owners of the property proposed for the § 1041
Permit, if different from above.
j. Legal description of the property under consideration.
k. Total acreage of the parcel under consideration.
Existing land use of the parcel under consideration.
m. Existing land uses of all properties adjacent to said parcel.
n. Present zone and overlay zones, if appropriate.
o. Signatures of the applicant and fee owners or their authorized legal agent.
5. Summarization of major natural and socioeconomic environmental constraints as they
affect the site selection and construction of the facility as proposed.
6. Summarization of the effects of the proposed site selection and construction upon -the
natural and socioeconomic environment of the impact area as applicable to submission
requirements. Included should be an analysis of impacts upon agricultural productivity and
agricultural resources and upon vested water rights.
7. Analysis of the long-term effects of the proposed site selection and construction upon the
physical and socioeconomic development of the impact area.
8. A description of a program to minimize and mitigate adverse impacts and to maximize the
positive impacts of the proposed site selection and construction.
9. Analysis of non-structural alternatives to the project such as conservation of energy use,
no development, or management (different scheduling, conservation programs, facility
design, land trades etc.), if applicable.
10. Analysis of structural alternatives to the project such as alternate locations and routes,
alternative types of facilities, use of existing rights-of-way, joint use of rights-of-way with
other utilities, and upgrading of existing facilities.
11. Analysis of air and water pollution impacts and control alternatives.
12. Analysis of design alternatives concerning access, landscaping, architectural controls and
so forth.
13. Submission of a proposed form of development agreement to meet costs of affected
Page 21 CODE ORD2001-6
political subdivisions in the project area of providing new or upgraded services and facilities
necessary to serve the proposed project.
14. Analysis of hydrologic, atmospheric, geologic, pedologic, biotic,visual, and noise impacts.
15. Surface and subsurface drainage analysis.
16. Any other information required by the Board or the Planning Department and
communicated to the applicant at the pre-application conference. This limitation shall not
preclude the Board from requesting the applicant to provide additional information during
the public hearing on the application, in order to provide which the applicant shall be
granted reasonable continuances it the applicant so requests.
C. Specific submittal requirements. These additional requirements shall be imposed on the applicant
by the Planning Department, in such Department's sole discretion, it the Planning Department
determines that the need for the additional information is warranted by the size and scope of the
proposed project in order for the Board of County Commissioners to make an informed decision
on the application. It is the intention of these Regulations that the following information shall be
required only it the proposed project is of such size and scope that it is reasonably likely to have
significant environmental or social impacts on Weld County residents or lands.
1. Detailed description of the need for the proposed development or activity, including but not
limited to:
a. The present population of the area to be served and the total population to be
served when the project is operating at full capacity.
b. The predominant type of users or communities to be served by the proposal.
c. The percentage of the design capacity at which the current system is now
operating.
d. If the proposal is for construction of a new facility and the capacity of that facility
exceeds a ten (10)year projected increase in demand,a detailed explanation of the
excess service capacity and the cost of the excess capacity.
e. The relationship of the proposal to the applicant's long-range planning and capital
improvements programs.
f. A description of why public convenience and necessity require a facility of the size
and nature proposed.
g. A description of the user needs and user patterns to be fulfilled by the proposed
project.
h. A description of the relationship of the project to other existing and planned utility
facilities of a similar nature, other communication or energy generation and
transmission facilities,local govemment capital improvement programs,and special
district expansion programs.
2. Environmental impact analysis.
a. Land use:
Describe the relationship of the project to local land use, policies and
comprehensive plans and to policies and plans adopted or under
preparation by federal, state, regional or other affected local governmental
agencies.
ii. Detail the agricultural productivity capability of the land affected by the
proposal (SCS classification).
iii. Specify how the proposed development will utilize existing easements or
rights of way for any associated distribution or collector networks.
b. Information regarding other utility facilities.
A map showing each existing major facility of a public utility within the
County of the type proposed for development.
ii. The design capacity of each such facility,the excess capacity of each such
facility,and the percentage of capacity at which each such facility operates.
iii. Whether present facilities can be upgraded to adequately accommodate a
ten (10)year projected increase in demand for services to be offered by the
proposed project.
c. Water resources:
On the map of the base area,or another appropriate map, indicate any flood
Page 22 CODE ORD2001-6
plain associated with the proposal. Documentation of the historical flooding
activity should be included. Detail potential, adverse impacts related to the
associated floodplain.
ii. Describe the potential adverse effects of the proposal upon plant and animal
life dependent upon the water resources in question.
iii. Describe proposed sewage treatment facilities and non-point source
controls.
iv. Describe pollutant loads (point and non-point sources) expected directly
from the development. Specify seasonal variations.
v. Describe the proposed water system, including:
• Source of supply, volume and rate of flow at full development.
• Water rights owned or utilized.
• Proposed points of diversion and changes of points of diversion.
• Volume of stream flow to remain unused between points of
diversion.
• Dependability of supply (physical and legal).
• Effects on downstream users.
d. Air quality.
Detail how many average daily trips will be generated by the proposal.
ii. Describe atmospheric and meteorologic conditions in the impact area, and
the background ambient air quality (TSP, S02, HC, CO, NOX, 03, etc.).
iii. Describe pollutant outputs anticipated from the development and mitigation
strategies.
e. Significant environmentally sensitive factors:
Identify and locate on a map of appropriate scale the juxtaposition of any of
the following features present in the proposed development or activity and
its vicinity,and detail the potential impact of the proposal upon each feature:
• Marshlands and wetlands.
• Ground water recharge areas.
• Potential natural hazards.
• Forests and woodlands.
• Critical wildlife habitat.
• Public outdoor recreation areas.
• Unique areas of geologic, historic or archeological importance.
f. Visual aesthetics and nuisance factors:
Identify any significant deterioration of existing natural aesthetics, creation
of visual blight, noise pollution or obnoxious odors which may stem from the
proposal.
ii. Where significant, map or describe area within view of project.
iii. Describe proposed mitigation strategy.
g. Transportation impacts:
Describe what impacts the proposal will have upon transportation patterns
in the area intended to be served or affected by the proposal.
ii. Describe the potential impact on roads within the County.
iii. Identify improvements required to any roads within the County in order to
serve the project adequately.
h. Less damaging alternatives:
If the Planning Department determines that the nature or extent of the
proposal involves the potential for significant environmental damage or
warrants examination of specific, less environmentally damaging
alternatives, the Planning Department may request that the Board require
that the applicant evaluate and present information on such alternatives as
part of the application.
ii. 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 proposal presented.
Page 23 CODE ORD2001-6
3. Community impact analysis.
a. Public support facilities and impacts:
Describe community or public support facilities needed for the project,
including but not limited to police and tire protection, public road
maintenance, and educational and health services, and identify needs for
improvement or construction of new facilities or programs required for the
success of the project.
ii. Describe how these needs are proposed to be accomplished or financed.
b. Impact on public finances:
Describe capital investment in facility.
ii. Estimate anticipated revenues to local,state and federal governments, and
special districts.
4. Applicants seeking a permit for the site selection and construction of pipelines or storage
areas shall submit the following additional documents and information:
a. Description of hydrologic conditions - surface (impact area).
Provide map of all surface water.
ii. Describe expected monthly streamflows for typical year, wet year, dry year
(include 7 day- 10 year low flows where sufficient data exists).
iii. Describe physical stream features (gradient, velocity, depth, etc.).
iv. Provide data on chemical and biological quality, including BOD, dissolved
02, free C02, PH, TOS, ph-th alkalinity, MO alkalinity, NH3, heavy metals
and other toxic or deleterious substances.
b. Description of hydrologic conditions - subsurface (impact area).
Map all aquifers that may be affected by project.
ii. Provide tables, graphs, map showing permeability, transmissibility,
thickness, volume, depth of aquifers.
iii. Describe geology of strata overlying aquifers including percolation rates,
travel time to ground water surface.
iv. Map of all wells using aquifers including diameter, flow rates.
v. Applicants seeking a permit for the site selection and construction of a
power plant shall submit, in addition to those requirements set forth above,
a map locating and describing resource areas to be utilized as sources of
energy.
5. Applicants seeking a permit for the site selection and construction of transmission lines or
substations shall submit the following additional documents and information:
a. Computer modeled electromagnetic field measurements within the proposed
transmission line easement for that portion of transmission line between substations
or transition sites; and
b. Measures taken to comply with the concept of prudent avoidance with respect to
planning, siting, construction and operation of transmission lines, which may be
those steps taken to comply with the Colorado Public Utilities Commission's Rule
18(1), or similar authority, for projects where other similar authority is applicable.
D. Waiver of submittal requirements. Specific submittal requirements may be waived by the Planning
Department, as provided in these § 1041 Regulations.
21-3-340. Approval of Permit Application.
A. The Board of County Commissioners shall approve an application for permit for site selection and
construction of a major facility of a public utility(with reasonable conditions, if any, in the discretion
of the Board of County Commissioners) only if the proposed site selection and construction
complies with the following criteria, to the extent applicable:
1. The health,welfare and safety of the citizens of Weld County will be protected and served.
2. The natural and socio-economic environment of Weld County will be protected and
enhanced.
3. All reasonable alternatives to the proposed action, including use of existing rights-of-way
and joint use of rights-of-way wherever uses are compatible, have been adequately
assessed and the proposed action represents the best interests of the people of Weld
Page 24 CODE ORD2001-6
County and represents the best utilization of resources in the impact area.
4. A satisfactory program to mitigate and minimize adverse impacts has been presented.
5. The nature and location or expansion of the facility complies with all applicable provisions
of the master plan of this County, and other applicable regional, metropolitan, state, and
national plans.
6. The nature and location or expansion of the facility complements the existing and
reasonably foreseeable needs of the service area and of the area immediately affected by
the facility.
7. The nature and location or expansion of the facility does not unduly or unreasonably impact
existing community services.
8. The nature and location or expansion of the facility will not create an expansion of the
demand for government services beyond the reasonable capacity of the community or
region to provide such services, as determined by the Board of County Commissioners.
9. The facility site or expansion area is not in an area with general meteorological and
climatological conditions which would unreasonably interfere with or obstruct normal
operations and maintenance.
10. The nature and location of the facility or expansion will not adversely affect the water rights
of any upstream, downstream, or agricultural users, adjacent communities or other water
users.
11. Adequate water supplies are available for facility needs.
12. The nature and location of the facility or expansion will not unduly interfere with any existing
easements for or rights-of-way, for other utilities, canals, mineral claims, or roads.
13. Adequate electric, gas, telephone, water, sewage, and other utilities exist or shall be
developed to service the site.
14. The nature and location for expansion of the facility will not interfere with any significant
wildlife habitat or adversely affect any endangered wildlife species, unique natural resource
or historic landmark within the impact area.
15. The nature and location or expansion of the facility, including expected growth and
development related to the operation and provision of service, will not significantly
deteriorate water or air quality in the impact area.
16. The geological and topographic features of the site are adequate for all construction,
clearing, grading, drainage, vegetation, and other needs of the facility construction or
expansion.
17. The existing water quality of affected state waters will not be degraded below state and
federal standards or established baseline levels.
18. The proposed project will not have a significantly adverse net effect on the capacities or
functioning of streams, lakes and reservoirs in the impact area, nor on the permeability,
volume, recharge capability, and depth of aquifers in the impact area.
19. The benefits of the proposed developments outweigh the losses of any natural resources
or reduction of productivity of agricultural lands as a result of the proposed development.
20. The applicant has obtained or will obtain all property rights, permits, and approvals
necessary for the proposed project, including surface, mineral, and water rights and
easements for drainage, disposal, utilities, access, etc.. If the applicant has not obtained
all necessary property rights, permits and approvals,the Board may,at its discretion,grant
the permit conditioned upon completion of the acquisition of such rights prior to issuance
of a zoning or building permit by the County.
21. The proposed project will not present an unreasonable risk of exposure to or release of
toxic or hazardous substances within the impact area. The determination of effects of the
project shall include the following considerations:
a. The means by which outdoor storage facilities for fuel, raw materials, equipment
and related items are adequately enclosed by a fence or wall.
b. The likelihood of hazardous materials or wastes being moved off the site by natural
causes or forces.
c. Containment of inflammable or explosive liquids, solids or gases.
22. The scope and nature of the proposed project will not create duplicate services within the
County.
Page 25 CODE ORD2001-6
23. If the purpose and need for the proposed project are to meet the needs of an increasing
population within the County, area and community development and population trends
demonstrate clearly a need for such development.
B. The Board may impose mitigation requirements and conditions on an applicant, as follows:
1. The Board shall make written findings that each such requirement and condition is
necessary to ensure that the proposed project will not result in significant adverse net effect
on the resources, values and conditions referenced above.
2. The Board shall also find in writing that each such requirement and condition is
necessitated by the proposed project.
3. All such findings shall be based on material in the administrative record.
4. The Board shall base the additional requirements and conditions on applicable design
standards as adopted by Weld County, to the extent that such standards then exist.
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.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Code Ordinance Number 2001-6, published above,
was introduced and, on motion duly made and seconded, approved upon first reading on September 12, 2001.
A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor
Hearing Room, 915 10th Street, Greeley, Colorado 80631, on October 1, 2001. All persons in any manner
interested in the reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970)356-4000, Extension 4226, or fax(970)352-
0242 prior to the day of the hearing if,as the result of a disability,you require reasonable accommodations in order
to participate in this hearing.
Any backup material or information previously submitted to the Board of County Commissioners concerning
this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and
5:00 p.m., Monday thru Friday.
ORDINANCE NO. #2001-6
ORDINANCE TITLE: IN THE MATTER OF ADOPTING CHAPTER 21, AREAS AND
ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY
CODE
SECOND READING: October 1, 2001, at 9:00 a.m.
THIRD READING: October 22, 2001, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 12, 2001
PUBLISHED: September 19, 2001, in the Tri-Town Farmer and Miner
Page 26 CODE ORD2001-6
3
Affidavit of Publication
STATE OF COLORADO
County of Weld SS. VIED COUSIN
CODE ORDINANCE 1101-6
I A. Winkler Riesel of said County of Weld beingSK.27-7.20. PwpnM and
duly sworn,say that I am publisher of N APTER 21,AREAS OF A. 21-
CHAPTER 21, AREAS OF A' ose and Intent of she o
FARMER&MINER (6 )Oat REGUfnnONS) OF 1041 Regulations is to
that the same is a weekly newspaper of general THE WELD COUNTY CODE focilitote identification.
circulation was printed and published in the town of deslgnotiom ontl
BE 17 ORDAINED BV THE sate Interestn of matters of
FREDERICK BOARD OF COUNTY state Interest consistent with
COMMISSIONERS OF THE the statubry requirements in said county and state that d the notice of COUNIVOF WELD,SPATE OF anticPoerio Set etsin C.R.S.
advertisement,of which the annexed is a true copy has COLORADO: §§24-65.1-107.Ht.seq.,and
been published in said weekly newspaper for the Guidelines for
WHEREAS, the Board of Identification and
CountyCommasanersoffrye Designation of Areas and
ONE consecutive weeks: that the notice was county or Wield,
state or Activities of state Interest
published in the regular and entire issue of every Colorado, pursuant to approved by the Colorado
number of said newspaper during the period and time Colorado statute and the Land Use Commission.
of publication of said notice and in the newspaper Weld County Home Rule B. Findings. With respect to
proper and not in a supplement thereof: that the first Chafer. Is vested soft) the these§1041 Regulators,me
publication of said notice was contained in the issue of a r WeldIsCounty, B°°r° ne County
said newspaper bearing the date of affairs of Weld County, Commissioners of Weld
Colorado,and County finds as follows:
1. The notice and pubic
SEPTEMBER 19 A.U.2011Land the last publication WHEREAS, the Board of hearing requirements of
thereof,in the issue of said newspaper,bearing date, County CanmiNbner1, on C.R.S. §§ 24-65.1-404. have
the 19th day of SEPTEMBER 2001 that the said December 23, 21100 been Wowed.
°deptedWe outtyCode 2.The§61041 7041 Reguse ot sore
Orry'lance 200p), necessary because the orFARMER &MINER °O°rrorehensroe C intensity of current and
has been published continuously and uninterruptedly flheCountyaf WeW.InaAutling foreseeable development
during the period of at least fifty-two consecutive a codnlcotron of all pressures on and within weld
weeks next prior to the first issue thereof containingpreviously adopted County,
Permanent nature
enacted
and 3. The § 1041 fteulolins said notice or advertisement above referred to: and permanent nature enacted were odOp}co consideration
that said newspaper was at the time of each of the on or before said date of into consideration
publications of said notice duly qualified for that adoption.and applicable guidelines
purpose within the meaning of an act entitled. "An adopted and issued by the
Act Concerning Legal Notices, Advertisements and WXERFAS,the odanon or o Colorado Land Use
Publications and the Fees of Printers and Publishers ChaWerentinat •Arere and Commission.
Activities State Interest"y 4. The § 1041 Regulations Conflict
and to Repeal all Provisions o and Parts of Acts in Code. mthe Weld County app
ly r the entire Aprili 7 1921,2 theandallm of this s thereof,app,oand Code. Wood Co my temtory of
April 7, all amendments and Wes County
particularly as amended by an act approved, March NOW, THEREFORE, 6E 17 5.
30,1,92.3,2d a�{ld an act approved May 13,1931. ORDANED by the Board of The§1041
,I/� C°�1'C°/nmissionersotthe Regulations interpret and
/r/� /y. !�/f -,..,,,,rC unty of Weld. State of apply to any regulations
L�s":�' /,d Ai e i,< ado, flat Chapter 21 adopted for specific areas
f IIUUU.. o"'v✓.,_,w..�hs � of the Weld CWaty Code of state interest and specific
l N �L be,and hereby Is,enacted activities of state interest
Publisher �v to tea FRasf(lows. which have been or maybe
AreasDIAPER
ERtl Activities designated by the Board of
Subscribed and sworn to before me this 19th day of Interest as a Stole County Commissioners.
ARTICLE I 3ec21-1-30.legal
SEPTEMBER. A.D. 2001 AdmwWhaIlva Reaa ipra The §7041 Regulations e
authorized by, Inter aYa,
DN. T Introductory and C.RS:15523 5.1-10,,et seq.;
General Provlslgns CR.5.§§30-28-701,et
C.R.S.4§3O-2B- I,et.seq.:
�s Sec 21-1-10. Title and C.R.S.§§29-20-101.et.seq.;
No Public Citation. and C.R.S.§24-32-III. The
Notary The regulations found in.this 41041 Regulations ore
Chapter 21 maybe referred necessary for the
to a5 the '§104, Preservation of the public
P.O.BOX 125 Rhereto shall
All citations health.safety and welfare.
reference td the Section Sec.§1104 4�y.
The
FT.LOPTON. CO 80621 Co as ortis herrnumbers al the my apply to allidentification
on
and designation of any
developnlenttin any area of
state interest or any activity
of state Interest winch has
been or may hereafter be
designated by the Board of
County Commissioners of
Weld County,and thecontrol
of development in any such
area or octivIty within Weld
County.
•
Sec.21-1-5B. l1-1.719. 1)6.�d County
Con.NuMean to Make
The portions of the §1041 E. The§1041 Regulations
Regulations authorized vein addition to,and not M- Designations and
exclusively under C.R.S. §§ lieu of other regulations d assendnershdtlesignthree
24-65.1-101,et seq.,shall not Weld County. The §1041 waY be initiated in three
apply to any development Regulations are intended to A. Me
in an wee of state interest or beappsedinoddfiatia la A. the Board of County
any activity of state interest not in lieu of. dl other 21-1-90. Definitions. Cpmmi ens may In its
d
which meets any one of the regulations of Weldsd discretion designate she
following condmons. as of County, Thew§10 1 PpO'talon
far
dopt region of as for m the
May17.1974:(a)thespecific the zonivg,h subdivision,
these§1041 not real d ofstaeInter st, any matter
the zoning, evelopnun, administration ofareas and B.state Interest.
developmeniwactivirywo planned unit dev
covered by o current Mixed Use Development hove etthe m aningsstltq C 1h-i son mayto its own
building permit issued by penal beow. nralWse MbU_ motion o Lpony on e t b
Weld Count Area, ant, Individual dmepfal bdow, unless the context motion or upon reqCounty
uest y
y: or (b) the Agreement. readies ottwwye:specific development or Sewage Disposal System, A.dt,Iplgppt:Anysvayp, Co Board rofe mm
activity hod been approved and Comprehensive Plan artny the
designation
recommend
by the electorate of Weld a partnership. corporation.or of matters of
portions m i this quire. otter public company.ccxpo, or County; or(c) the specific F. Permit requirements. Hate Interest. The Board of
development or activity is toboner public or herf draN County Commissioners shall
be on land: whic has The permit dinrequirements§ 1041ga4k, meet or anyhe federal weenie M its t to asc
been conditional) or finally included the §be in garment federal or l of tothe requested
conditionally Regulations shall pal is and Includes any designate
approved by Weld County addition to and in any a al of
for planned unit conformance with all Insp01fumentalityon,ogen r matters of state a utory
development or tat a use applboble StateantlFederd corporation rrumeMalof or pursuant to statutory
substantially the same oses a elo men.
Geri o regulations. seeking a r these
5 1041 Cacedues.
planned unit development: G. Other governmental permit under mesa § 1041 C. ttMse Cdwotlo Lau Use
or(II)which has been zoned Cqu st t the Board of
by Weld County for the use anyanynp lt In the subdivision,vi ion, B. Bar. request to the er
contemplated by such instrumentality C Board of County CRS. 24-65.1 407. with agency, or
development or activity;or corporationshy C.R.S. § 2 specific
matter
t
(IM)with respect to which a o of the State of Board of County regard to a
developmenfplanhasbeen otier andefwes Commissioners.Colorado.
Weld Coahthe Coconsdlmdlbe
government or an entity C. Callggi Commission seteeasksos to Weld
ld
conditionally or finally regulated by such o C. Q@gppylgp: pray Mat approved by Weld County. designated governmental legaprocedurespep by of unty,interest within
unit, seeks to conduct o C.R.S.§24-65.1-401,et seq., Commi sio ers shall
Sec.21-1-60.Relatpnhipa designated area or activity and specified in the Mole I notices Commissioners shall publish
a
l 1041 Reguukdions to Other of state interest In Weldnotice and conduct a
Caulk, State and Federal County, the Intent of the§ as county out by the Board hearing . to C.RS§
Requirements. D.CountyCOmment A. B -407(1 of After C the
A. More restrictive Board Regulatoions Is that the D. p donor merit: Any Board er County
er County cosrgestebask-charach Carvai request.
no erson
standards or requirements Carvasyondrsshallexerese theoask�Guloder control.Wheneverthe§1041 Itsauthwi Ch°` such na request. vc person
NPions n State or shOhenarea air conduct the ent
Regulations are with found lobe Regulations and mute the use of on land upon activity v area or the incorslstent any other statute to the maximum which the construction or applicable resolution. extent allowable ca-lstenty specifStUnfil
ically
ordinate.code.regulation, with F La.occurs des bed of County
or other enactment of Weldetler°Ins. State law E. m••tle<^nanie q the Board Celd its
s
County, the enactment and rapulations general, nonlegal Caring londs has held r
inpasng the more restrictive
description and the papule hearing and issued its deer
standards or requirements 21-1-70. Duties of 9le Board name,it relating thereto.
shoe Control. any of thetroctoflanduPen
B. Statuf at County Commissioners. •
owhich the activitctivity or 31-1-210. Public Meeting
dry ctlfenaconfrd Unless otherwise specifically development is to be if the§1041 RegukzHos ore °p A. The
d.
lee stringent. In the event provided the for,it doll o the 'general
Ti term C. Board of County
the §1041 R uCutyd Board of County means ansd description" also
e9 lofloris ore Commissioners of WeldCommissioners shall hdtl o
fandtobeles tt an 'layman's public sin hearing before
scngen County s perform all of the F. Lapnon.' designating interest any mdopt of
the sfgtutary Criteria for tunatlOns set forth in this F. ICI tlese�intim�
administration of natters of Article I,and those specified A^i regu aio and for he
stateinterestseffwMMC.R.S. In Articles II and It of this tlefcr etol flan cis it is regulations the
§ 2465.1-202, the statutory onSHnhe ground
adoring she' Meted.Such
criteria dal control. Counter 21. The Board of bono the ground the hearing dal be scheduled
C. The§ 1041 R altos County Commissioners generaon de atbed.dthekznabesip and notice of such hearing
efla also be generally appeals
G. Matter
shall be given as set forth
confrdHsloMorycHferloless empoweretltohewoppeds G. pdpMar of state
stringent. In the event thenewt B. e.
§1041 Regulatlorsorefoaa by y^tany person aggrieved f an area of state state lIfer or B.The Brequest
its that discretion,
e
to be more sirin nt Man the any or of the an activity Of Intpesl, may mthat hold
9s. the encour Director made In or both. Planning hen and provide ro hdtla
statutory criteria for course of administering H.
administration of matters of these § 1041 Regulations. � Any private recommendation e g ontl to e
stateinterestsetforthlnC.R.S. An sscn g corporation,
or oratio pwMirlion. other to the
§§24-651202 and 24-65.1- Y appeal shall corp any,o or any public
a the proposed
the
204,these§1041 Regulations the appeals nr2c-10 ofre set company, b , pcl di g designation prior Notice the
forth in Section 2-4-10 of this
shall control pursuant to the Code. thetedaf6 body. Including and any hearing hearing of
e
authority of C.R.S.§24-65.1-
Includeralgovdrnment and any before the
402(3). Includes any political Rwntng no lessyondW en
D. Me §1041 Regulatom 21-1-80. buts subdivision, agency, published Holes roan seven
If any section, subsection, instrumentality, Or (7)mmisbefore in F'ldotein control in cases of paragraph sentence douse
overlapping requirements a orcorporation eUnited of the State or the ne sp hewing dote in
this Code. Where the§1041 ang a this ld or the States the newspaper of County
for any reason held be l.
nant.
Regulations overlap withGrculahon in the County
Wad County's requirements decided un to L p(§)g;ted designated by the srado
N ea such
decson sh Inor roved, tirapplication
is accepted
completed The Punning Commission
ommcpen forzoning special use review such ddGyondallnotadect applicatlonsacc f or for review, pursuant to the validity of the reeC ou County by The Planning Co orb of
C.R.S. § 30-2S-110O, the § remaining Department ing proceedings
s a rehab of its
1041 Guidelines and portions. herebyy ices (" of Planning arowritt ngsreport f its
Regulationsshasconn and Commissioners It s would
Services (') Planning r written report of its
declares asse that have
a separate review access passed the regulations Department"). recommendations,if any,to
under special or conditional codified herein and each the Board of County
use or statutory review dolldy'1 of blotter shhallCo beaviso advisory only.
pert
and every agraph, diploid Interest shall In he that h.not x be required, unless subsection.ce,cl earagaase C. In do event the
expressly stated to the sentence.ClouseandpMase
contrary In the § 1041 thereof, await-live d the Colorado Land Use
Regulations. Where the § fact that any a more Cquest ton take tak action,al
1041 Regulations overlap sections, subsections. public to hearing action, r
•
w requirements paragraphs, sentences assign h for
requirements clauses or phrases might 6e County lion by the Board of
g followed declared to be County Commissioners ball
and all required County unconstitutional o invert. be held within ninety(the
permits or approvals shall be form after receipt of the
obtained__ ___. (anal:jet
equest.
21-1-220. Note of Rath identification and
Malting (W,
. designation Issued by the
Hearing,
Colorado Land Use
Commission.The Board of County
CamNssioners shill C. The boundaries of any
a notice of the designation area proposed far 21-l-211- Record of
designation.
D
hearing which shall Include: D. The reasons why the A.S ThMg
e Board of County
t
1.The time and place of the particular area or activity is Commissioners sine collect 21-1-270. Submission of
hoarkg of state interest,the adverse and preserve the tosowirg
2. The place at which impacts that would result Mabssal to Colorado lard
from uncontrolled recordoftte Use Commission.
materials relating to the development of any such I.Ac public hearing Upon adoption
mahentobe eland P opyoftte notbeotthe designation of a
area or uncontrolled fl ation order, all
any guidelines and conduct ofsuchactvity.and 2. T a cersificate(i) of reievont materials incbdng
regulations for the the advantage of pubtcasOrn of dine mtlW a the record of any public
bd111malraian thereof may development of such area the hearing hearing relating to the
be The e rig and or
3. The telephone number orcondinateduct of manner. In all persons to whom the Wegatanwardegulafarhe
a coordinated manner. ratite was msatetl shall be forwarded by the where inquiries may be E.The extent to which other Board of County
answered. governmental entities of yap resent es Commissioners to the
4. A description of the area presented
a adMly proposed to be regulate the area or activity written««d statements« Colorado Land rUse
eview,
term ere sonicllerotry offered vd documentary
Commission for review,
topavidpeasorablenoMe proposedapplicbeable criteria for 4.My written statements or. 'R wsm^thirty(30)days
be Included administration of the documents or errecelptaoaesignpthe
proposed area or activity as presented in order and re ul
B, The Board of County support ofarin appovlicnb land
oflon itse
CommiWonersshallmaintoin set The _ Colorado L Use
am' ,glist of the names of torthlnmese regulations and p dsote interest. Conmusion has notified the
persons requesting C.R.$.442465.1-201 et seq.tive Myreca Bari rmscnp. Board of County
those of G. The legislative hand.of the hearing. Commissioners that
Coe Cleric of the Board of declarations stated In C.R.S. 6, the Order of Designation modification of the
County Commissioners that 'P`a
their nacos and addresses 44 24-65-102,20-10 2465.1-101, intere oea«activitydstate designatrecommended,
a ,the regulations is
be md29-ompr. interest. Countym ommi.tne Hoardd poplaced on the fist and H. The Comprehensive pan 7.A map«maps depicting County Cornrisaonen strut,
pgetwenf Coraonamugl set forth in Chapter 22 of this each area of state interest within thirty(30)days after
teedlwenNtldbrs(S20.00) Code,the Mixed Use designated. recepalherecormencled
toof
pr cover the costs dB. My person may.at his a modifications:
potlucibn, han o dl and Development Plan set forth herovne A. original order
moiling of notices of dl such In Chapter 26 of this Code,or the recadn of the hearing Malty the
in a manner consistent with§§§heaMps,lp04(2)( to C.R.S. any municipal master or and transcription thereof.. therecommendationsofthe
404(2)(borde)and 24 comprehensive plan provided. however, that a Colorado Land Use
65.1-501(2)(c). In order to adapted asC«mYsaon and resubmit
have a name and address port of, copy of the thereof, « the order to the ColOropp
suchretoined
persons
so sad mailing list. Pertaining to,or affected by transcript thereof, if
the area or activity under transcribed. shall be Land Use Commission,a
their name shall
da Id01 rind consideration. furnished free of charge to B. Notify the Colorado Laid
pay sold annul tee before the Board of County Use Commission that the
21-1-240. Conduct of Commissioners and shall Commission ' s
January 31st of each year.
Interested persons are A became port of the record. recommendations are
rejected.
advised that notice of A �g
hearings before the Booed .designation, the Boast of 21-1-260. Adoption of
are posted on the Weld Courtly Commissioners shall OM ancRpl6blWa 21-1-210. Recording of
County webslte, A. At ttle the conclusion of the Notice of Deviation
C. At le wonv.co.weld.co.us.. receive Into the public hoofing,or within thirty(30) A notice of the designation
C. At least thirty(30)days. recast: dayxthereatt«.the Bosdof shalbeof Candynty aioners to
days before the public tram any and all persons or adopt, adopt with the County Clerk and
hearing.the Board of County organizations desiring to modification, or reject the Reaorderandsnallbebdm
mm Coissioners shall publish appear and be heard. proposed designationorich the some manner as any
the notice one time in the including Carty staff. • was the subject of public document affecting real
newspaper of general 2.Amy documents that nay hearing. It designation and paPerty
circulation in the County be lneredoffered. regulation under C.R.S.§24-
designated 27 1
e by the Bond a 3. There amen oflons of 65.1-101,et,seq.,is reieeted 290. Effect of
the Cauntylegal newspaper the Weld County Ramona the Board of County Designation - Mcaarben
and shall mail the notice by Commission.if ony. Commissionersmayregulhte Una Final Detenninolket
first clots mail to each of the B. The Board may impose the matter under any other Afbromotterofstafesierest
fWowkng. reasonable time limitations available land use contra is designated pursuant
-,
1. The Colorado Land Use ontestimony.andmay invite authority or it may reject the hereto. no person shall
Commission and other State regulation of the matter engage in development in
and Federal agencies. as persons representing the entirely. such area and no such
deemed appropriate In the some point of view to B.Suchactlonstall be taken activity snail be conducted
discretion of the Board of consolidate their by resolution. until the designation and
County Commissioners. presentations.The Colorado C. In the event the Board of regulations for such area or
2. Persons on the mating list Rules of Civil Procedure wit CountyCormmtssianeufksdry activity are finally
(subsequent to the initial not govern the conduct of determines that any matter determined as required by
adoption of guidelines and the hearing, which is is a matter of state interest.It C.R.S.§24-65 Id04(4).
regulations). legislativeinnatureandSi 1 shall be the Board's duty. •
be in ordinance form as on acting by resolution, to
21-I-230. Matters to be addition to this COW. designate such molter and
Considered at Designation C. The Board may continue adopt regulations for the
Rearing. the hearing from time to time administration thereof.
At the public hearings on for a period not to exceed D. Each designation order
designation, the Planning sixty WO days. If the hearing agree by the Board ol
Commission, to the extent Is continued, no additional County Cormisaynshot
applicable, and the Board notice of the hearing reeds 1.Specify the boundaries of
of County Commissioners, to be given other than oral the designated area of state
shallconsidersuchevidnce announcement at the time interest or the boundary or
as they deem appropriate. and place of the the area in which an activity
including.but not limited to. continuance of the next of state interest has been
testimony and documents scheduled hearing time and designated.
addressing the following place. 2. State reasons why the
considerations: D.Noodditiond public input, designation is appropriate in
A. The Intensity of current either oral or written,shall be light of the factors specified
and foreseeable accepted for the record by above to be considered at
development pressures. the Board of County the publicheorings,
B. _ The matters and Commissioners after the 3. vfeclfy the regulations
conic ralbnssetforthinony hearing Is ckxed,except as aPaCabletothedesignated
applicable guidelines for crwrifically permitted by tar matter of state interest.
v. APfh4 q.t seeldrw o
peerW tcs.tae We teecton
mpcaWncxendopww
plmt still submit,in addkon
to-;those.4egWrernents set
Ili, Identify Improvements tads diesweelletkiagaleg
21-1-300. Combines! reauiedteonY tootle within and ceeeflbieg iesouaurce ee
De ignation and Porn, the
County in order to serve greostopeugzedarweirces
iPY• of energy:
s o h. Aral�isqs t aging 5t Applicants seeking a
If a person proposes to Permit fOr the site selection
engage In development i' nt
con tt interest otate ttlMeFlafywattue nature
and construction of
�tesdent that the nature transmission lines or
carsi11b1 an activity of state_ a extent of the prtPasd substations shall submit the
interest not previously
not the potential ion B.Tlenatureandbcatia+«
identified,designated a fa 'wolves following_ additional
which regulations hide not egtfic a environmentalts documentsaldldamatIon expansion of the facility we
been adopted or prefor which tlomoge or warrens a. Computer modeled not create an exparslon of
the
are d Specific less seaemandf«goverrrtgnt
ex(r111flrsPOn electromagnetic field
the Board of done mCouay
environmentally dgnsagitg measurements within the services beyond the
hold goners alternatives, the PlonnMg r tronsmlsion line reasonable capacity of tfe
me and re request proposed community or region to 20. The applicant has
hold one , designation
for easement f«that portion ofobtained or wilt obtain al
hearing DMot the Boortl require Mot transmission line between provide such.services, as
determination of evaluate and determined by the Board d Prope(N rights,permits,and
granting
ntitica+lon,denying
n the the applicant substations a transition sites; approvals necessary for the
and regulations as wVlass« present information On such and County Commissioners. proposed project,Inducing
alternatives os part of the b.MBaprestakentgcompry 9.ItetaCilNsifeaexpantian surface,mineral,and water
granted or the app;catlred with the concept of prudent area t not in on area with tights and easements t«
permit. Norw porn*that Is i�crMem information on avoidance with respect to 9enemlmete«dogicdand
gmteddtreo ofIn shell of ne essarily butbe climatological conditions drainage, alsposd, utillles
any development
hearing shall have planr4ng,sting construction which would unreasonabl a=ces etc..If the
the adh he tin engage in shell not necessarily be andoperc lmdhansmission Y has, not obtained all
out fnerrt a t a in Ilm+edta infornaPon onthe lines which may be those interfere with or obstruct has, nnecessary
6�n�OnngMd impacts and st taken to with normal operations and property rights.
B eveedSuOdY,v0Wnwmtl Gust-effectiveness of the lips complymaintenance.
Permits and approvrds the
rote of flow at full aitrnoposal read nshipto the Colorado Public Utilities) 10. The nature and location
Board rtay,at m dscrela4
Commission's Rule B(0, a
development. the proposal presented, d the facility or expansion
gonittle PertrytcOMlbretl
Water rightsmentnt owned or similar authority,for projects upon completion of the
3. Community impact where other similar author oven not adversely affect the
d am' analyst. authority
waterrlghtsotanyupslrean acgWptianafwChrgm5prla
-Proposed points of diversion t aPPlcable, to Issuance of a zoning a
a. Public support facilities downstream,or d
and chores of points ofD. Waiver of submittal °glcUgV building permit by the
dversia>.. and impacts'. requirements. Specific nsesadpcentc«mundles County,
i.public sue community or a other water users.
Volume of stream Pow to be wain d by requirements Fta mayAdequdewdersupplles 21.iheproposetl r t will
suppOtt facilities be waived by the Planning 11 trot p°�°
remain unused betweenpresentanunreasapae
needed for the project. Deportment as provided in ore available for facility risk of exposure
points of diversion includng but not limited to
pa`tneeds. to or release
Dependability of supply ponce and tire protection. these 51041 Regulations. 12. The nature and locczhan of toxic or hazardous
nand legal). publicands roadXott maintenance, of the fadll or e Spb5laaeswlfhiltheiflpact
Effeatson aownstaverag. 21-3-340.Approval of Permit rysere n area. The determnatbnof
d Air quality. aWeducd7MdandfedM will not unduly Interfere wilt
services,and improvement
tresor A. The anyesstingeasementfaa effects of the prnlw4 Yid
i. Detail how average for Improvement Wailes
A. The Board of County rl hts-ot-war for other include the following
dolt/lips will be many averoed CommisslonerahollOPprave g Y. considerations:
CanshlStks of new far ties utilities, canals, mines
pspt an application to permit a The means by which
by the Prof a program requiredector the site selection and ck3me.a roads. outdoor star
ii.De Otmea, anicd
andstorage facilities for
success d the project. 13 Adequate er, sewage
e arts
background
is condient in construction yfau lc a major fuel, ..row materials,
the impact g area, axl the li.Decrwsehow+hese needs faculty ofopublk utility(with andother water, 4rgJpmlefttOftfl reotedltpms
accarplted or Matted.are proposed to `pmortaapcprstllwofl4Mmy' bbeedevlleruptaO, r tthhel aegtlequatelyelatedid
ambient air by
quality (TSP. 502. HC, CO. In the discretion Stele Board a fence«wall.
ii De 03.etc,). b.lmp Describelicficrapi a: of County Comr}dsslaters) site the nature andlacalm b.Thele llhooddhozadan
in.anticipated bepollutaniouhthe Investment in facitty l only if the proposed site for epami°n of the fadkty materials or wastes being
levelmen from the ii. Estimate anticipated selection °m construction wIll not interfere with any moved oft the sitetes being
tlstrategi rnentantlmifgatkn with the fall or revenues to governments,
local,state and criteria, to the exxtent significant wlltlllfe habitat a co s Containment of
federal districts,
and adversely affect any
e. SignlhcaN special tltirlots apdkable: edatgeredw1ldliespecWs Inflammable or explosive
I. The health,welfare and ISO natural resource orliquids.solids a environmentally sensitive 4. Applicants seeking a safety of the citizens of Weld The scope annature sof
factors, permit for the site selection County w4lbeprotec+edantl historic landmark within the the
I. Identify and locate On a ens ageor+kn of pipelines Impact area. ateposed project will not
served. create duplicate services
mapdCpprCpriatescalethe «51«age areas shall submit 2. The notufal Ond soda 15, The relate and location within the County.
proposed of any d the the following additional or expansion Of the facility.
fallowing features present in economic environment of23. If the purpose and need
the fdeatures
present
innt d°cumentsand information: Weld County will be including expectetl growth for the proposedprdecfare
p. Description of hv(impac anddevelopmentrelatedo
as a upony.and protected ana enhanced. to meet the needs of an
conditions-surface(impact 3.NIreasonablealternatives the operation and provision deputation Wean
feature:
Me potential irrgv+ri area). of service.w indslgnificantty xt<reatng
of the proposal upon each i. Provide map of all surface to the proposed action, deteriorate water a ah the County, area and
feature: including use of existing community development
featur its and wetlands. water, rightsof-of use of 16. The geological
impact�°' and population trends
II. Describe expected Ib The gedo Ica and
Ground water recharge mONhly err, wet Ows for arire ot-way wherever uses topogr phis features of the
demonstrate clearly a need
are compatible,have been f«such development.
seas. yea( year, wet year. dry adequately site.are adequate for alt °
Potential natural bit artl§ (inclutlwhere 10 yearaid Y assessetl and construction, clearing, B. The Board may Impose
Public and woodlands.hazes. the proposed action r titvationrequirementsatd
low flows where sufficient represents the best interests grading. lNd°age, conditions as an
Crticd wildlife habitat. data exists). dthe leofweltlCan vegetarian°^dothemeeds applicant.
Public outdoor recreation q. Describe physical stream �°P st dthe1IeRWyarWuckma I.follows:
oleos and represents the best 1. The Board shall make
features(gradient velocity, epaulet
Unique areas of geologic. utilization of resources in the vihtten findings that each
q 9 gi dept,etc.). act area. 17. feted stare
water waters wry
historic or archeological ix ProvbWddaanchemicd r, alt be degraded fa d below lw such requirement and
importance. 4 ti 5atef° n program m to condition is necessary to
Po and biological quality. not be
f. Visual aesthetics and mitigate and hs minimize ensure that the proposed
in
free C0 BOO.dissolved D2. presentimpacts has been slate taxi fedefd standards
deter aefactors: free C02. PH. TOS, ph-th protect will not result in
presented.
aesopYMetlbaselinelevac
I.natural of he significant W s the resources.
volteffect
deterioration yof existing healymet isalkaotter NH3. S.The expansion una advenprnet effect
on t a antlretions r ter eced
of
rnetolspnbstoncoxicnot have a significantly
aesthetics creation y es of applicable
li facility y conditions referenced
ofvlwd blight. Ot deleterious substances. odA!ene net effect its
9 b. Description of hydrologic complies ofwith all a stet plan cTOCITLl lakes or an reservoirs of °b°sre'
or obnoxious odors which conditions - subsurface ofpr this softhe master plan
the impact
requirement the Board than also Math
may teesiomcant,mosal. (impact area). of this County, and other in thp;rmea area nor e. writing that each such
it Where significant,map of i. Mop di aquifers that may applicable ate, and the ge ca lore volume, writing
and condition
sucin
describe area within view of be affected by project. metropolitan, state. and depth f cgpabrllvo and is An such findiedngs
by the
•
notional plans. proposed project.
project. ii. Provide tables, graphs, b.The notureand locatlonor depth of aquifers In the 3. AN such% s stsnll be
iii. Describe proposed map showing permeability.thicks. impact area. nd/p
i mitigation iat im volume.depth thickness. expansion of the facility 19 The benefits of the abased on material in the
g. igats will n impacts. volume,depth of aquifers. complements the existing proposed developments 4. The trattve hallbrecord.
I.Describewnat impactsfhe lit,Descrlbegedos including-
eta netlrs of thalyr«weep eole outweigh the losses of any 4, The Board tral base the
intended
ntowill have upon needs of the service urea adddPondreonrerppllhad
proposalpo overlying aquifers including natural resources or
tr ed npatler tithe and of by the
immediately conditions on applicable
anspat perco water urfac . 7.The affected by the locatet, reduction d productivity of dCrounitltot
area escnde the be served itov ground water agricultural lands as a result des�n atloPlea
a affected by the proposal. iv. Map of al wells using e.panson of
of the proposed hyWetlCaunN•lotteeten
it. Describe the potential aexpansiono unreasonably
ilitydo that such standards then
aquifers including diameter, not unduly or development. exist.
impact m roads within the flow rates. impact existing community e County.
services, _.. �.
BE R NNW Ot1DA/e IN
the Rood that the Cdrk to
the**Odd to
hereby it
f
CededdlaIhrearkinsels
contained- herein, to /
Gdy win chapters,
dyads atom
and sub-secilans as they
Currently exist Within said
Code; and to node any
inconsistencies regarding
coollabotbn•granny.ad
ninatirlg a Placement of
thapters articles. darlan,
seallank adsub-sections In
salslCatle.
■d MINER 0SRDA/aD by
the Board if any section
subsection, paragraph.
sensence,Coast,a phrase Any,backup material or
of this Ordnance nonce is for any Information previously
reason held a decided to submitted to the Board Q
be unconstitutional, such County Commissioned
decision shall not affect the concerning this molar mai
validity of the remaining in heotficeof
portions hereof. The Board t*-e' " IRO Isla0
of County Commissioners CddritY
herebydeclaestttgtttwoultl ionoin Roe Mld(:geey
hove enacted this Oernereoias Center,Third
Orasaytceineochaidevery Floor. 915 10th Sheet.
section, subsection, Greeiey. Colorartq
paragraph, sentence. between the hours of IRO
clause,and phrase thereof a.m.and 5:00p.m..Monday
Irrespective of the fact that ttnttrsepy.
any ate a mgre,tectlans.
subsections p.NlDropfo, O1dNlANCE NO.I M1y
sentences, claws. Sr ORDINANCE TITLE:IN THE
phrases might to decided. MATTER OF ADOPTING
to be unconstiMiasol or CHAPTER 21, AREAS AND
maid. ACTNITESOFSTATE INTEREST,
NOTICE - OF RE WELD CO0NWCODE
SECOND READING:October
PURSUANT to the Weld1. 1.at 9:00 a.m..
Cooly Home RideChafer. hl�rt9:0 o.m. ber 22.
Code Ordnance.Number 2Di 619:00 o.m.
2001-6, published above BOARD OF carry
was introduced and on COMMISSIONERS
motion duly mode and WELD CCWfy seoandecL approved upon COLORADO.
Nit reading on September DATED:September 12.$701
i
PUBLtSHED:September 19,2C0 .
Aasidcheo4Ma d and Min
dseca1n the TM1Tovm Fairs
reodng is scheduled to be
teeth the tChambers of the
Boast First.Floor Heykp
Rooms, 915 10th Street,
Greeley.Cdcrodo BOS71,on
Oct 1.2701.As pedant
In asyfdin inty61NA.h
the *gaoling of said
Ordnance are requested*
attend and may behead
Please contact the Coq to
the Board's office pFghpl.
(970) 356-4000, airings
4226,a fox(970)352,g2ta.
pdatome dayathe hearing
it as the result of disability.
you-require reasonable
acoo mmadatlpisinatlerto
participate in this hedgrg.
NOTICE
DOCKET NO. 2001-59
The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at
9:00 a.m., on September 12, 2001, in the Chambers of the Board of County Commissioners of
Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley,
Colorado, for the purpose of considering the addition of Chapter 21, Areas of Activities of State
Interest (§ 1041 Regulations) of the Weld County Code. The second and third readings of said
Ordinance will be considered on October 1 and 31,2001. All persons in any manner interested are
requested to attend said hearing and may be heard.
Should any interested party desire the presence of a court reporter to make a record of the
proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the
Board shall be advised in writing of such action at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that copies of the proposed addition may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915
10th Street,Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m.to 5:00 p.m. E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
REQUEST: CODE ORDINANCE 2001-6, IN THE MATTER OF ENACTING CHAPTER 21,
AREAS OF ACTIVITIES OF STATE INTEREST(§ 1041 REGULATIONS)OF THE
WELD COUNTY CODE
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 17, 2001
PUBLISHED: August 22, 2001, in the Tri-Town Farmer and Miner
3
Affidavit of Publication
STATE OF COLORADO
County of Weld SS. DOPEY NO.SSS1-
SOME
I A. Winkler Riesel of said County of Weld being
duly sworn,say that I am publisher of The Board of County
FARMER&MINER Commissioners of Weld
that the same is a weekly newspaper ofgeneral County, pobroearo. will
conduct nSeppublic embego
circulation was printed and published in the town of 200 am.. CSeptember 12,
he
2001.In the Ch.mbers,o me
FREDERICK Board of County
Commissioners of Weld
in said county and state that the notice of
advertisement,of which the annexed is a true copy has County, Colorado Weld
915 Centennial Caner,
been published in said weekly newspaper for 915 10th Street. First Floor.
Greeley. Cdorado, to the
ONE consecutive weeks: that the notice was purpose of considering the
published in the regular and entire issue of every oddlBondCtdp1er21.Areas
of
number of said newspaper during the period and time 1041 es d State Interest
the
of publication of said notice and in the newspaper County ounty odl of e
Weld Code, The
proper and not in a supplement thereof: that the first secontlandthktlreadkitpd
publication of said notice was contained in the issue of sold Ordinance will be
said newspaper bearing the date of considered on October 1
and 31,2101. All person In
AUGUST 22 A.D. 2001 and the last publication any manner interested ore
requested to attend said
thereof,in the issue of said newspaper,bearing date, hearing and may be head.
the 22nd day of AUGUST 2001 that the said Should any interested
party desire the presence of
FARMER &MINER a court reporter to ndke a
has been published continuously and uninterruptedly record of the the taped
P ➢ in additionrhi to 11 taped
during the period of at least fifty-two consecutive record-welch will be kept
weeks next prior to the first issue thereof containing during the hearing.theCiek
said notice or advertisement above referred to: and to the Board shall.be
that said newspaper was at the time of each of the advised In writing of such
publications of said notice duly qualified for that taction o the h atin five days prior
purpose within the meaning of an act entitled. "An to hearing. The cod of
Act Concerning Legal Notices, Advertisements and engaging o court reporter
shall be borne by the
Po
Publications and the Fees of Printers and Publishers requesting party..
thereof,and to Repeal all Acts and Parts of Acts in BE IT ALSO KNOWN that
Conflict with the Provisions of this Act" approved copies of the proposed
April 7, 1921, and all amendments thereof, and addition maybe examined
particularly as amended by an act approved, March b the office d the Cler ou to
30,1923,and an act approved May 13,1931. Boom - of anty
Commissioners. Coded In
(g_e, the Weld County Centennial
.Center 915-10 h Street,Reed
Floor, Greeley. Cda BW
Monday through Friday..8:00
"'Pvb Slier a.m. to 5:00 p.m. E-Mall
menages sent to on
inomouoicommaionerSubscribed and sworn to before me this d day ofnot be b the
tie. To snare edksecn d
AUGUST. A.D. 2001 your Eatecaieeron ette
) 4 Mopecoene. es
0 COPY
aryaW>�aPAkl.aO.sIF
to
i // (/../". _1:24.1) ORDINANCE 20014 IN nE
/ Notary Public MATTER OF ENACIFMO
CHAPTER 21, AREAS'OR
ACTIYRESOF STATUS
L. P.O.BOX 125 tilgtl NctilARONECFnt
WELD COUNTY COOL
FT.LUPTON. CO 80621 . BOCO OF COUNTYCOMMISSIONERS
WELD COUNTY,
COLORADO
DATED: August 1 14\ 171.
i PUBUSI-ED: August 22
'.�M,` :� In the Trl-Town Farmer and
`� . Miner.
,t A['Ilit-_
!'
I1 Tyr,rs'R.'L
.,..‘...,> p;�.
' G
Hello