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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:
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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.
Sec. 21-1-30. Legal Authority.
The §1041 Regulations are authorized by, inter alia, 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
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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.
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.
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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.
f. Receipt of Application: The time at which the completed application is accepted by
the Weld County Department of Planning Services ("the Planning Department").
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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 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:
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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.
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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.
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:
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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 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
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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.
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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:
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
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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
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
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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.
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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 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.
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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 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
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§ 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.
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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:
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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 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.
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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 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
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(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 21-2-2606.4 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§ 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
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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).
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
21-2-400. 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.
21-2-410. 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.
21-2-420. Revocation or Suspension of Permits.
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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 violation or failure to act prior to determining the
appropriate penalty, taking into consideration the items listed in Section 2-4-50(O)
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.
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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
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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 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 Ill 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.
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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.
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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 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.
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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
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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.
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
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having obtained a permit pursuant to these § 1041 Regulations.
21-3-310. Procedural Requirements.
A. The procedures concerning permit applications, notice and conduct of permit
hearings, review of Board of County Commissioners decisions and issuance and
content of permits for selecting a site and constructing any 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.
21-3-320. 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.
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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.
21-3-330. 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.
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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 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-
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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(%) 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
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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 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.
CODE ORD2001-6
Page 33 2001-2594
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.
CODE ORD2001-6
Page 34 2001-2594
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.
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
CODE ORD2001-6
Page 35 2001-2594
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.
CODE ORD2001-6
Page 36 2001-2594
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 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
CODE ORD2001-6
Page 37 2001-2594
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 government
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 plain associated with the proposal.
CODE ORD2001-6
Page 38 2001-2594
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
CODE ORD2001-6
Page 39 2001-2594
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
CODE ORD2001-6
Page 40 2001-2594
not necessarily be limited to, information on the
environmental impacts and cost-effectiveness of the
alternatives in relationship to the proposal presented.
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,
CODE ORD2001-6
Page 41 2001-2594
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.
CODE ORD2001-6
Page 42 2001-2594
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 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.
CODE ORD2001-6
Page 43 2001-2594
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.
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Page 44 2001-2594
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.
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.
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Page 45 2001-2594
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-
sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters, articles,divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2001-6 was, on motion duly made and
seconded, adopted by the following vote on the 22nd day of October, A. D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
M. J. Geile, Chair
Weld County Clerk to the Board
Glenn Vaad, Pro-Tem
BY:
Deputy Clerk to the Board
William H. Jerke
APPROVED AS TO FORM:
David E. Long
County Attorney
Robert D. Masden
Publication: August 22, 2001, in the Tri-Town Farmer and Miner
First Reading: September 12, 2001
Publication: September 19, 2001, in the Tri-Town Farmer and Miner
Second Reading: October 1, 2001
Publication: October 10, 2001, in the Tri-Town Farmer and Miner
Final Reading: October 22, 2001
Publication: October 31, 2001, in the Tri-Town Farmer and Miner
Effective: November 5, 2001
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