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Home My WebLink About20012852.tiff WELD COUNTY CODE ORDINANCE 2001-6 IN THE MATTER OF ENACTING CHAPTER 21, AREAS AND ACTIVITIES OF STATE INTEREST (SECTION 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 "Section 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 Section 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 Section 1041 Regulations, the Board of County Commissioners of Weld County finds as follows: CODE ORD2001-6 Page 1 2001-2852 1. The notice and public hearing requirements of C.R.S. §§24-65.1-404, have been followed. 2. The Section 1041 Regulations are necessary because of the intensity of current and foreseeable development pressures on and within Weld County. 3. The Section 1041 Regulations were adopted after taking into consideration applicable guidelines adopted and issued by the Colorado Land Use Commission. 4. The Section 1041 Regulations apply to the entire unincorporated territory of Weld County. 5. The Section 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 Section 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 Section 1041 Regulations are necessary for the preservation of the public health, safety and welfare. Sec. 21-1-40. Applicability. The Section 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 Section 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 Section 1041 Regulations to Other County,State and Federal Requirements. A. More restrictive standards or requirements control. Whenever the Section 1041 Regulations are found to be inconsistent with any other applicable resolution, CODE ORD2001-6 Page 2 2001-2852 ordinance, code, regulation, or other enactment of Weld County, the enactment imposing the more restrictive standards or requirements shall control. B. Statutory criteria control if the Section 1041 Regulations are less stringent. In the event the Section 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 Section 1041 Regulations control if statutory criteria less stringent. In the event the Section 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 Section 1041 Regulations shall control pursuant to the authority of C.R.S. § 24-65.1-402(3). D. The Section 1041 Regulations control in cases of overlapping requirements of this Code. Where the Section 1041 Regulations overlap with Weld County's requirements for zoning special use review or for review, pursuant to C.R.S. § 30- 28-110(l), the Section 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 Section 1041 Regulations. Where the Section 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 Section 1041 Regulations are in addition to,and not in-lieu of,other regulations of Weld County. The Section 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 Section 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 Section 1041 Regulations is that the Board of County Commissioners shall exercise its authority pursuant to the Section 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 CODE ORD2001-6 Page 3 2001-2852 Planning Director made in the course of administering these Section 1041 Regulations. Any such appeal shall follow the appeals procedure set forth in Section 2-4-10 of this Code. 21-1-80. Severability. If any section, subsection, paragraph, sentence,clause or phrase of this Chapter is for any reason held or decided to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions. The Board of County Commissioners hereby declares that it would have passed the regulations codified herein and each and every section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, paragraphs, sentences, clauses or phrases might be declared to be unconstitutional or invalid. 21-1-90. Definitions. The words and terms used in these Section 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 Section 1041 Regulations. B. Board of County Commissioners or Board: The Board of County Commissioners, Weld County, Colorado. C. Designation: Only that legal procedure specified by C.R.S. §24-65.1-401, et seq., and specified in this Article I as carried out by the Board of County Commissioners. D. Development: Any construction or activity which changes the basic character or the use of the land upon which the construction or activity occurs. E. Layman's description: A general, nonlegal description and the popular name, if any, of the tract of land upon which the activity or development is to be conducted. The term "general description" also means "layman's description." F. Legal description: Any description from which it is possible to locate accurately on the ground the boundaries of the land being described. G. Matter of state interest: An area of state interest or an activity of state interest, or both. H. Person: Any private individual, partnership, corporation, association, company, or any public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the State or the United States government. Receipt of Application: The time at which the completed application is accepted by the Weld County Department of Planning Services ("the Planning Department"). CODE ORD2001-6 Page 4 2001-2852 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: CODE ORD2001-6 Page 5 2001-2852 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 31s` of each year. Interested persons are advised that notice of hearings before the Board are posted on the Weld County website, www.co.weld.co.us. C. At least thirty(30)days, but no more than sixty(60)days before the public hearing, the Board of County Commissioners shall publish the notice one time in the newspaper of general circulation in the County designated by the Board as the County legal newspaper and shall mail the notice by first class mail to each of the following: 1. The Colorado Land Use Commission and other State and Federal agencies, as deemed appropriate in the discretion of the Board of County Commissioners. 2. Persons on the mailing list(subsequent to the initial adoption of guidelines and regulations). 21-1-230. Matters to be Considered at Designation Hearing. At the public hearings on designation, the Planning Commission, to the extent applicable, and the Board of County Commissioners, shall consider such evidence as they deem appropriate, including, but not limited to, testimony and documents addressing the following considerations: A. The intensity of current and foreseeable development pressures. B. The matters and considerations set forth in any applicable guidelines for identification and designation issued by the Colorado Land Use Commission. C. The boundaries of any area proposed for designation. D. The reasons why the particular area or activity is of state interest, the adverse impacts that would result from uncontrolled development of any such area or CODE ORD2001-6 Page 6 2001-2852 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: 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. CODE ORD2001-6 Page 7 2001-2852 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 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 CODE ORD2001-6 Page 8 2001-2852 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 Section 1041 Regulations, must apply for and obtain a permit from Weld County. 21-2-20. Specific Activities Exempted from the Permit Process. A. Any system, extension, or project not covered by the preceding Section 21-2-10. B. Systems, extensions, or projects which are located on unincorporated land that is an enclave within the municipality proposing the activity. CODE ORD2001-6 Page 9 2001-2852 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 Section 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 Section 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 Section 1041 Regulations,and the proponent demonstrates to the satisfaction of the Board, at a public hearing of which the proponent shall receive reasonable prior notice, that: 1. The proponent has made significant financial commitments to the planning or engineering of the system, extension, or project on or before the date of designation. CODE ORD2001-6 Page 10 2001-2852 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 Section 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 Section 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 Section 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 Section 1041 Regulations shall submit an application for a permit in a form provided by the Planning Department. B. An application shall not be accepted or processed unless it is complete. The form shall be accompanied by all fees, maps, plans and reports required by these Section 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 CODE ORD2001-6 Page 11 2001-2852 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 Section 1041 Regulations, a complete application must designate all agents for the applicant and exhibit the applicant's or agent's signature. If the signature is by an agent, written proof of the agent's authority must also be submitted. The signature upon an application form will be assumed to indicate the applicant's concurrence with all submissions and commitments made by their designated agent, unless otherwise specified in writing in the application. E. The applicant shall submit a certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within one-thousand three-hundred twenty (1320) feet of the boundaries of the property proposed to be physically disturbed; except for transmission line or pipeline projects, for which surface property owners for five-hundred (500) feet on either side of the centerline of the proposed alignment. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. F. The applicant shall submit an affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County Clerk and Recorder, and shall be current as of a date no more than thirty (30)days prior to the date the application is submitted to the Planning Department. 21-2-210. Application Fee. Each application shall be accompanied by the payment of an application fee which shall be set by the Board of County Commissioners from time to time by amendments to this Code. 21-2-220. Consultants. A. If the County does not have qualified staff to review certain elements of an application or referral agencies are not able to adequately advise the County ardin certain elements of an application, the Board of County Commissioners may authorize the review to be performed b a consultant en•a_ •ed for such .urpose by the ?tannin, De artment i/ff ;:dit a ;x Sitars' 11,4* 4 l All fees for such consultant Sg₹ shall be paid for y the a lican• i_yt a • CODE ORD2001-6 Page 12 2001-2852 yf t S 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 1 _._......._.m „be reviewed by the Board of County Commissioners. B. The Planning Department may submit the application to referral agencies with a request that they review technical or other specific aspects of the application in an area of the agencies' expertise, as provided below. Should the agency impose a fee for such a review, said fee shall be included in the processing expenses to be paid for by the applicant. C. Professional qualifications of consultants for the application. 1. A professional consultant may not be necessary for all applications. The following may require professional assistance: a. Improvement plans and reports for water supply, sanitation, drainage, utilities, soils, grading, roads, structures, pollution mitigation devices, and other civil engineering work for the project must be certified by a registered Colorado Professional Engineer,or other qualified professional engineer exempted from licensing requirements by state statute. b. All documents containing land survey descriptions must be certified by a registered Colorado Professional Land Surveyor, or other qualified professional surveyor or civil engineer. c. Geology reports shall be prepared by a geologist by a state,or other qualified professional geologist. 2. All data and plans submitted for review must show the qualifications of the individual in charge of the work. 21-2-230. Waiver of Submission Requirements. The Planning Department may waive any part of the submission requirements which are not relevant to the decision on the application, Of which the a phcant convinces the Plannin. Department are unreasonably burdensome for the applicant , 7 e ` CODE ORD2001-6 Page 13 2001-2852 yd�y M'4 omw . ,�t a� w.r Mw M .�}r 9 - ..:: is i...�G'� :. FA : � � 'T�' �0 �3 e ;,i�p i �ie�: I3.8 .: 1!��0 0-Pb I4' 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 Section 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 Section 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 Section 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 Section 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 Section 1041 Regulations. Additionally, any entity which has previously proceeded under the permit provisions of these Section 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 Section 1041 Regulations. All requests for such permits shall be reviewed by the Planning CODE ORD2001-6 Page 14 2001-2852 Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners. 21-2-260. Duties of Department of Planning Services. A. The Department of Planning Services shall be responsible for processing all applications for permits pursuant to these Section 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 , ;,r = I: p.= 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 parcels). 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 CODE ORD2001-6 Page 15 2001-2852 at least ten (10) days prior to the hearing, and include the following information: a. Permit number. b. Date, place and time of public hearing. c. Location and phone number of the public office where additional information may be obtained. d. Applicant's name and address. e. Size of parcel of land. f. Type of request. • s ih ePq w -0�iH m m -ur3. w,m m `�„�Y s d� 'rI° o fl „„hi�' s o- ® d �i�i� E h v+ 5 Fr i I ,1 x�� I y iiiri b.:: &a4,4„� tf � s- � it ik t�A ®rho a • e , ' 1@ mc4, auntyCof�tmission rsfor'ti bli do E 4p,,. s 4 !„„„;:,•44,1.944,14,,m44 9,. tten ettid (; NM.. rirto a:heap d .T kw al,:-� n .®.� I „ap ', `'e1..p�f alt 3� a ® �o-w . . o� : i"sa: e v 6 6 6Y �Ii�a a In M� E 6 ._I_s ,T t W 1 .24,, . ,Eele VP Rle o� r e'9-`t „. re o e. t ', ::c ®. �.as •A eyG 1. ' 5. Arrange for legal notice of said hearing to be. published once in a newspaper of general circulation in Weld County desgnated 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 toi 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 t Weld County. The authority and responsibility for making the decision to approve CODE ORD2001-6 Page 16 2001-2852 or deny the request for a permit pursuant to these Section 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 Section 1041 Regulations and any other applicable code provision or ordinance in effect, adopted master plans of affected municipalities, sound land use planning practices,and comments received from agencies to which the proposal was referred. Div. 3 Permit Hearings 21-2-300. Permit Hearing Before Planning Commission. A. The Planning Commission shall hold a heann to consider the application for the Section 1041 Permit 't ''� Y,,.v .,. . . kkaa. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the request. The Planning Commission shall approve the request for the Section 1041 Permit only if it finds that the applicant has met the standards or conditions set forth in the Section 1041 Regulations governing the area or activity of state interest involved in the application, as set forth in the Article of this Chapter 21 applicable to each such area or activity of designation. The burden of proof shall be upon the applicant to show compliance with such standards or conditions. B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record,which includes the Department�d,,, of Planning Services case file,to the Clerk to the Board within ;" , ten (x-19) 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 Section 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 CODE ORD2001-6 Page 17 2001-2852 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 (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or development which is the subject of the application. Such notice shall be mailed, first class, not less than ten (10)days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners(the surface estate). Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 4. Give notice of the application and the public hearing date to those persons listed in the application as owners and lessees of the mineral estate on or under the parcel under consideration. Such notification shall be mailed,first class,not less than ten(10)days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the parcel. Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 5. Arrange for the Department of Planning Services to_post a sign on the property under consideration for a Special Review Permit according to the requirements of Section 21-2-260B.4 of this Article. B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed request, the Board of County Commissioners shall consider the recommendation of the Planning Commission,and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Section 1041 Permit only if it finds that the applicant has met the standards or conditions set forth in the Section 1041 Regulations governing the area or activity of state interest involved in the application, as set forth in the Article of this Chapter 21 applicable to each such area or activity of designation. The burden of proof shall be upon the applicant to show compliance with such standards or conditions. The Board of County Commissioners shall reach a decision on a permit application within thirty (0 30) days after the com letion of the .ermit hearing,or the permit shallbedeemeda '!r° PProved r� '.. l .. CODE OR02001-6 Page 18 2001-2852 b "I , 1 a • i V l , , t` mr t` l a Major Facilityto' 'q licttili , "sisu ,, . :« . . n rt leIll fthisrChas er 1, shallr� iwetad isi? om ' . I'. . � n� 4 issione►# itttirtr i ) days t submis okt. 'ktit . withetly .equire nts:set';fo th in AZIP _. C. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed request upon the surrounding area, the Board of County Commissioners may condition the decision to approve the Section 1041 Permit upon implementation of such.methods or techni ues and may require sufficient performance guarantees,_..,. An.,....,.:, '._ a t(li_.,;..tot to be posted with Weld County to guarantee such implementation, as set forth in Section 21-2-410 of this Article. D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. E. If the Section 1041 Permit is approved, the Board of County Commissioners shall arrange for the Department of Planning Services to record the Section 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 Section 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 jo. Rule 106 of the Colorado Rules oftCivil Procedure ' . ii I f® powverauthontiesseeking s s ® it; 1 t latn 'ta t tajor0 it . �q dv rsf � ivm ahN '�t��c Utility,as such i°siq m _. ® E it ter21,.may aiso haver ei pu Ott the pro sio of t..L ,� J r' rr. ®,,,,' . 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 CODE ORD2001-6 Page 19 2001-2852 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 mailers 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. 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 tr at Ica3t fiftccn (15) daya 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 CODE ORD2001-6 Page 20 2001-2852 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. 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 Section 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 Section 1041 Regulations,who does not comply with permit requirements, or who acts outside the authority of the Section 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 CODE ORD2001-6 Page 21 2001-2852 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 Section 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 Section 1041 Regulations or of any permit issued or required pursuant to these or other applicable regulations. B. If a violation shall be found to exist, the Board of County Commissioners or its authorized representative shall by written order direct that such remedial action be taken forthwith as will result in full compliance with the applicable regulations, provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in these Section 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 Section 1041 Regulations or other applicable regulations of Weld County or the State of Colorado. 21-2-530. Nonconforming Uses. The provisions of these Section 1041 Regulations shall not apply to any nonconforming use , and then only to the extent such use existed on the date the area is designated or subjected to these Section 1041 Regulations. When such a nonconforming use shall be discontinued for six (6) months or more or a nonconforming structure is damaged or destroyed to the extent of at least fifty (50) percent of the appraised value, any reuse, reconstruction, or replacement of such structure shall be deemed a new use and shall be subject to the provisions of these Section 1041 Regulations. An expansion of a nonconformin. use shall be full sub ect to these Section 1041 Regulations ,: „� rt©646Ra.,' ' S #a , 0r6 tit ti 'e1 Ifli mm F . t y0�191i0I� . ' 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 CODE ORD2001-6 Page 22 2001-2852 21-3-100. Purpose and Intent. The purpose and intent of the regulations contained in this Article III are: A. To encourage planned and orderly land use development. B. To provide for the needs of agriculture,industry,business,residential communities, and recreation in future growth. C. To encourage uses of land and other natural resources which are in accordance with their original character and adaptability. D. To conserve soil,water, and agricultural resources and to protect vested water and property rights. E. To protect the beauty of the landscape. F. To promote the efficient and economic use of public resources. G. To rp�ryegulate the`site selection and construction of ina�or facilitiesy�of atpublic utility to P.1*1O. 1 l ,r�IF O9 q, i. .., Ier!=. �, flp„ E R�?P4+1� V .:.. 1 res lE` eittlatititSiAnd prevent significant deterioration or degradation of existing environmental quality in Weld County. H. To avoid or reduce direct conflicts with adopted local government, regional and state master plans. To requlate the site selection and construction ofima or facilities of aipublic.utility to ti kefec d it l tt " , „ litt*. IfttiDitposaI NI '3# E3 f prescrve the health and welfare of the citizens of Weld County. 21-3-110. Definitions. In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific to the designation of site selection and construction of major facilities of a public utility shall be construed to have the meanings set forth as follows: A. Appurtenant facilities: Any buildings, #« :� . , structures or other property which are clearly incidental to, and customarily found in connection with major facilities of public utilities and are operated and maintained for the benefit or convenience of the occupants, employees, customers or visitors of such major facilities. B. Major facilities of a .ublic utili 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 f sell a r t :ri 9L+ r'electrical power to entities m - r t' u4i'utfi it i . ,I u nnr ‘T,=frfr.", CODE ORD2001-6 Page 23 2001-2852 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 b replacing or providing suitable public services and facilities j '. 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. 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 Section 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. CODE ORD2001-6 Page 24 2001-2852 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 Section 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 Section 1041 Regulations to Other County, State, and Federal Requirements Affecting Major Facilities of a Public Utility. A. Nothing in these Section 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 Section 1041 Regulations differ from any other applicable requirements, the more restrictive requirements shall apply. C. Nothing in these Section 1041 Regulations shall be construed as enhancing or diminishing the power and authority of municipalities,counties,or the Public Utilities Commission. Any order, rule, or directive issued by any governmental agency pursuant to these Section 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 Section 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 CODE ORD2001-6 Page 25 2001-2852 of these Section 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 Section 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 tiMtt construct a major facility of a public utility wholly or partially within the unincorporated portions of this County without first obtaining a permit pursuant to these Section 1041 Regulations. B. No local authority, including Weld County, may issue a building permit for purposes of selecting a site for or constructing a major facility of a public utility wholly or partially within the unincorporated portions of this County without the applicant first having obtained a permit pursuant to these Section 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 Ill. 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. CODE ORD2001-6 Page 26 2001-2852 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 Section 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 a placation, the applicant shall confer with the iisti Planning Department to obtain information and s"fit® guidance. The purpose of such a conference is to permit the applicant and the staff to review the proposal informally. 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 Section 1041 Regulations. CODE ORD2001-6 Page 27 2001-2852 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. An comments or commitments made by any member of the County administration Dr_j Nt t W`II: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 Section 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 Section 1041 Regulations. B. Submittal requirements for all applications for a development permit for a major facility of a public utility, where applicable: 1. The following are general requirements for any map or plan required hereunder. Minimum requirements include: a. The name of the proposed development or use and total number of acres under consideration. b. Because all maps and plans may be used for public presentation, the map scale and size should be large enough for effective presentation and should accurately illustrate the application. c. Name, address, and telephone number of the applicant, designer, engineer, surveyor, and any other consultants of the applicant. d. Date of preparation, revision box, written scale, graphic scale, and north arrow for each map. CODE ORD2001-6 Page 28 2001-2852 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 `p,_I!li ., ini entered into by the date of the application for such access. c. The names and addresses of persons or entities with an interest in any real property proposed to be physically disturbed or crossed by the activity or development which is the subject of the application, excluding mineral interests but including those holding mortgages, judgments, liens, easements, contract rights, rights of way, reservations, exceptions, or other encumbrances, at least to the extent shown in the records of the Clerk and Recorder of Weld County or of which applicant has actual knowledge. d. The names and addresses of mineral interest holders with an interest in any real property proposed to be physically disturbed or crossed by the activity or development which is the subject of the application in the case of projects to be constructed more than ten feet below the surface, excluding foundation structures for above- ground transmission lines,at least to the extent shown in the records of the Clerk and Recorder and Assessor of Weld County. In addition, the applicant shall provide a certificate stating the process by which the applicant compiled such information, when such information was compiled,and the steps which were taken to ensure the accuracy of the information. The County will require that the information be compiled and verified in a manner reasonably designed to ensure the accuracy of such information, but shall not require the use of title insurance or attorney's title opinions. The County will require that the last search for such information have been updated no later than ten (10) days before the date that the application is submitted,and that such information be updated again no later than ten days before the public hearing on the application. 3. Section 1041 Permit Map: a. The map shall be delineated on reproducible material approved by the Department of Planning Services. CODE ORD2001-6 Page 29 2001-2852 b. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four(24) inches high. c. The rma 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. i. The w scale of the ane mad shall be'• � qq Q��++j::I 4 . II I,* k;ibirAriliiilt.n. Alt 6• ' v le s e• �, ygii8� ,44• e-a� a y, R 9..a, �{R«•a E•y, R,e cet ° 4j e t®I -' 'u34c one (1) inch equals six hundred (600) fcct 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(1/2) mile radius of the property "" :rid @� 9 @ 9 e „' z''+N'. ;;„proposed for the `'r -t 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 •{er;it�meter of the •arcel .ro.osed for the site. �.,•,•e�.. .. 0f 171Q-ti es a• a a a e wg&cite to .a ill,:it • The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural ca•abili classifications must be noted in the le•end._ o- • 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 { prose proposed for the facility lolv any abutting subdivision outlines and names, and the boundaries of any adjacent municipality. CODE ORD2001-6 Page 30 2001-2852 • Any other relevant information within a one-half-mile distance of the perimeter property proposed for the facility as may be reasonably required by the County to meet the intent and purpose of this Chapter 21. 4. Plot Plan. A plot plan of the facility area shall be drawn on the Section 1041 Permit Map. a The scale of the lot .Ian shall be,, , ?a ,,:e ,m �� a .� ,r�,m • .�,. one inch (1") equals one hundred feet (100) or at another suitable scale if approved by the Planning Department. b. The plot plan shall outline the boundaries of the parcel being considered for the facility. c. The plot plan shall include the location and identification of all of the following items which are presently existing within a two-hundred foot(200') radius of the boundaries of the Section 1041 Permit area as well as within the area itself; it shall:��also include the proposed e 88i'PP features and structures of the facility tat cptir ° 11) , 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 necessa b the Plannin. Department. nr @ .. ,'9�Mi4'�,Cj aDer e•.� e . to . • a 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. CODE ORD2001-6 Page 31 2001-2852 ix. Location and desi n of storm water management devices or structures ; • x. Complete traffic circulation and arkin. plan showing locations and sizes °C.. 1:11:5**, ° t o , Mj. xi. Location, amount, size and type of any proposed landscapin. fencin. wallsa 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 `1 • - ® showing the following: i. If a power plant is proposed, the area within :) miles from the site. ,ri;!.i.ct,;!. transmission lines or pipelines - . •rovide map showing all existing transmission lines ' i ®9s • . pipelines j`a W f r,i:- "F 3 or a distance of two miles beyond any reasonable alternative studied. c. For upgrades of existin transmission lines a ; or gas pipelines f , 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 ti ten 05, 40) miles of the site if another major facility is proposed. e. Type of facility - specify where applicable: i. Approximate floor space of office building. ii. The voltages and lengths of transmission lines. CODE ORD2001-6 Page 32 2001-2852 iii. Power source and generating capacity. biv. The functions and sizes of substations. he 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. Mix. Resource area (e.g., source of power being generated or transmitted, source of petroleum derivative being transported). �s m 4 m 7® o . Ieea w E ip paYL i ly ettimMita 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. CODE ORD2001-6 Page 33 2001-2852 ii. Describe hazards, if any, of environmental damage and contamination due to materials used at or activities taking place at the proposed facility. iii. Describe emergency procedures to be used in the event of fire,explosion or other event which may endanger the public health, safety and welfare. iv. Describe any prevalent natural hazards that will affect or be affected by development, and describe mitigating measures to be taken to reduce danger due to such natural hazards. h. Name, address and telephone number of the applicants. Name and address of the fee owners of the property proposed for the Section 1041 Permit, if different from above. j. Legal description of the property under consideration. k. Total acreage of the parcel ' ,� a., g= under consideration. I. Existing land use of the parcel, Mit under consideration. m. Existing land uses of all properties adjacent to said parcel tg' n. Present zone and overlay zones, if appropriate. o. Signatures of the applicant and fee owners or their authorized legal agent. 6. Summarization of major natural and socioeconomic environmental constraints as they affect the site selection and construction of the facility as proposed. 7. 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. 8. Analysis of the long-term effects of the proposed site selection and construction upon the physical and socioeconomic development of the impact area. 9. A description of a program to minimize and mitigate adverse impacts and to maximize the positive impacts of the proposed site selection and construction. CODE ORD2001-6 Page 34 2001-2852 10. 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. 11. Analysis of`7 ;!$ !ff structural alternatives to the project such as alternate locations and routes, alternative types of facilities, use of existing rights-of- way,joint use of rights-of-way with other utilities, and upgrading of existing facilities. 12. Analysis of air and water pollution impacts and control alternatives. 13. Analysis of design alternatives concerning access, landscaping, architectural controls and so forth. 14. 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. 15. Analysis of hydrologic, atmospheric,geologic, pedologic, biotic,visual, and noise impacts. 16. Surface and subsurface drainage analysis. 17. 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. CODE ORD2001-6 Page 35 2001-2852 d. If the proposal is for construction of a new facility and the capacity of that facility exceeds a ten(10)year projected increase in demand, a detailed explanation of the excess service capacity and the cost of the exeess capacity: 0e. 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. t. 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: CODE ORD2001-6 Page 36 2001-2852 i. On the map of the base area, or another appropriate map, indicate any flood plain associated with the proposal. Documentation of the historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain. ii. Describe the potential adverse effects of the proposal upon plant and animal life dependent upon the water resources in question. iii. Describe proposed sewa e 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„�;t „;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 `. ( ;. i. Detail how many average daily trips will be generated by the proposal. ii. Describe atmospheric and meteorologi- • conditions in the impact area, and the background ambient air quality 0-sr, C02, I IC, CO, NOX, 03, etc.). Hi. Describe, ,17! II pollutant outputs antici ated from the develo ment and mitigation strategies e. Significant environmentally sensitive factors: CODE ORD2001-6 Page 37 2001-2852 Identify and locate on a map of appropriate scale the juxtaposition of any of the following features present in the proposed development or activity and its vicinity, and detail the potential impact of the proposal upon each feature: • Marshlands and wetlands. • Ground water recharge areas, . • Potential natural hazards. • Forests and woodlands. • Critical wildlife habitat. • Public outdoor recreation areas. • Unique areas of geologic, historic or archeological importance. f. Visual aesthetics and nuisance factors: Identify any significant deterioration of existing natural to �v 3, ry k as �r{®.�ys�-dd dd�yy�y�, ' c �� 9 gTMa .a a t b a e a t a SOSnoise 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 CODE ORD2001-6 Page 38 2001-2852 Department may request that the Board require that the applicant evaluate and present information on such alternatives as part of the application. ii. Required information on alternatives may include, but shall not necessarily be limited to, information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented. 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: i. Describe capital investment in facility It t0lo a r ate . 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.n;, CODE ORD2001-6 Page 39 2001-2852 b. Descri tion of hydrologic conditions - subsurface (impact area),'$` Map all aquifers that may be affected by project. ii. Provide tables, graphs, map showing permeability, transmissibility, thickness, volume, depth of aquifers. iii. Describe geology of strata overlying aquifers including percolation rates, travel time to ground water surface. iv. Map of all wells using aquifers including diameter, flow rates. v. Applicants seeking a permit for the site selection and construction of a power plant shall submit, in addition to those requirements set forth above, a map locating and describing resource areas to be utilized as sources of ene gy. 5. Applicants seekin a permit for the site selection and construction of transmission lines or substations shall submit the following additional documents and inf rmation: a. Computer odeled electromagnetic field measurements within the proposed transmission line easement for that portion of transmissio line between substations or transition sites; and b. Measures t ken to comply with the concept of prudent avoidance with respe t to planning, siting, construction and operation of transmissioh lines, which may be those steps taken to comply with the Colorado Public Utilities Commission's Rule 18(l), 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 Section 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 come lies with thefollowin. criteria,to the extent appl}icable tt " q'e4.4.7"t:.1a e 4 d 4 '4814 ivisirrs,i `40 C:. 41. 1;14:04919:1eLtVgrThrts, ;itarc. 4a„ ellitdOttallitti rt a a a yy 7 yl a Y oaf.A ..1,t. . Y . ....a @..::_ R manlike i 14. Y�}Y� ..«. CODE ORD2001-6 Page 40 2001-2852 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 corn atible, have been adequately assessed and the proposed action; A t a!! represents the best interests of the people of Weld County and represents r, _, e.- ,I the best utilization of resources in the impact area. 4. A satisfactory program to mitigate and minimize adverse impacts has been presented. 5. The nature and location or expansion of the facility complies with all applicable provisions of the master plan of this County, and other applicable regional, metropolitan, state, and national plans. 6. The nature and location or expansion of the facility complements the existing and reasonably foresccable needs of the service area and of the area immediately affected by the facility. Ø . The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services. 6. 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. 19. 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. . Adequate water supplies are available for facility needs. . 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. . Adequate electric,gas,telephone,water,sewage,and other utilities exist or shall be developed to service the site. . The nature and location for expansion of the facility will not I dinterfere with any significant wildlife habitat or adversely affect any endangered CODE ORD2001-6 Page 41 2001-2852 wildlife species, unique natural resource or historic landmark within the impact area. 9-5. 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. . 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. . 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. . 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. :. 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. . The proposed project _ I._. 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. . The scope and nature of the proposed project will not create 18 fl , duplicate 7,4:.;.:Q.?; ervices 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, i ; area and community CODE ORD2001-6 Page 42 2001-2852 development j. and population trends demonstrate clearly a need for such development. B. The Board may impose mitigation requirements and conditions on an applicant, as follows: 1. The Board shall make written findings that each such requirement and condition is necessary to ensure that the proposed project will not result in significant adverse net effect on the resources, values and conditions referenced above. 2. The Board shall also find in writing that each such requirement and condition is necessitated by the proposed project. 3. All such findings shall be based on material in the administrative record. 4. The Board shall base the additional requirements and conditions on applicable design standards as adopted by Weld County, to the extent that such standards then exist. BE IT FURTHER ORDAINED by the Board that Section 23-2-300 of Chapter 23 of the Weld County Code be,and hereby is,repealed and re-enacted,with amendments, being thereby revised to read as follows: CHAPTER 23 Zoning Amend 23-2-300. The regulations contained herein shall apply to all new site selections of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES within the unincorporated lands of the COUNTY subsequent to the adoption of the ordinance codified herein. These regulations shall also apply to any expansion, enlargement or extension of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES after the ado tion of the ordinance codified herein s reg4t01 00611, p ' ', �r i ric: a 'A' A l0f E Pi>l lix l] 1�" 40 )d r G Y whLai,?I r o 1 ,a ;_a Ife tiith . ftvi ,r6 ,A rpmirr,l p rba ft , ::*Any proposed MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY which requires a Special Review Permit and which is initiated by a general purpose local government,the State, United States government,special district or authority created under the provisions of the laws of the State or any PUBLIC utility whether publicly or privately owned, shall require review and approval by the Planning Commission only. The failure of the Planning Commission to take action on the application within thirty (30) days after the official submittal of the application for said DEVELOPMENT or USE shall be deemed an approval of the application unless the agency submitting the application is granted an extension of the thirty-day review period. If the Planning Commission disapproves an application for a Special Review Permit for said DEVELOPMENT or USE,the Planning Commission's disapproval may be overruled by the jurisdictional body or official making the application. The Planning Commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. (Weld County Codification Ordinance 2000-1) 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 CODE ORD2001-6 Page 43 2001-2852 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 29th 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 Continued to: October 8, 2001 Publication: October 17, 2001, in the Tri-Town Farmer and Miner Final Reading October 29, 2001 Publication: November 7, 2001, in the Tri-Town Farmer and Miner Effective: November 12, 2001 CODE ORD2001-6 Page 44 2001-2852 Hello