HomeMy WebLinkAbout20251370.tiffMEMORANDUM
WE
COUNTY, CO
To: Board of County Commissioners
From: Jim Flesher, Long -Range Planner
Maxwell Nader, Planning Manager
Date: June 2, 2025
Re: Ordinance 2025-07, Chapters 2 and 21 revisions
(Second Reading)
On first reading of this ordinance on May 19, a change to Section 21-1-70 of the ordinance was
proposed. For second reading, this section is proposed to read as follows:
Unless otherwise specifically provided for, it shall be the duty of the Board of County
Commissioners to perform all of the functions set forth in this Article I, and those specified
in Articles II, III, IV, V, VI, or VII of this Chapter 21. The Board of County Commissioners shall
also be generally empowered to hear appeals from any applicant aggrieved by any
decision of staff made in the course of administering these 1041 Regulations. Any such
appeal shall follow the appeals procedure set forth in Section 2-4-10 of this Code.
In the first sentence, an oversight was corrected which had listed Article VIII. Currently, Chapter
21 does not have an Article VIII. If one is added, this section should be revised, but the new article
could also replace Article IV, which is being repealed and will be "reserved".
In the second sentence, "person" was changed to "applicant" because the intent is not to give
a third -party, such as a surrounding property owner, the right to appeal staff approval of a
technical revision to a 1041, for example. In the same sentence, "the Planning Director" was
changed to "staff" since Articles V and VI are administered by the Department of Oil and Gas
Energy.
Staff also proposes a small change to Section 21-2-240, Rescission of approval, revocation or
suspension of permits, vacation. Subsection A deals with rescission of approval a 1041 that has
not yet been recorded. Since the approving resolution has not been recorded, any resolution to
rescind the approval would not need to be recorded either, so the phrase "to be recorded in the
office of the County Clerk and Recorder" can be deleted from the end of 21-2-240.A.3.
Staff recommends adoption of Ordinance 2025-07 on second reading with these changes.
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MEMORANDUM
,.. 1s61-
Eb���
COUNTY, CO
To Board of County Commissioners
From Jim Flesher, Long -Range Planner
Maxwell Nader, Planning Manager
Date May 19, 2025
Re Ordinance 2025-07, Chapters 2 and 21 revisions (First
Reading)
On April 7, 2025, the Board held a worksession with staff about Chapter 21 generally and some
proposed updates to these regulations This is the first of multiple ordinances with amendments
this chapter that the Department of Planning Services will bnng before the Board this year
Ordinance 2025-07 mainly focuses on updating Articles I and II and repealing Article IV
In 2001, Weld County adopted "1041 Regulations" in Chapter 21 of the Weld County Code based
on the Areas and Activities of State Interest Act (AASIA) These are referred to as "1041
Regulations" based on that act having been House Bill 74-1041 in the state legislature
Currently, Chapter 21 is divided into seven articles
1 Article I pertains to the process by which the Board - of County Commissioners may
designate certain areas and activities as "1041s" or "areas or activities of state interest "
2 Article II pertains to the process of obtaining a permit for a previously designated activity
or for development in a previously designated area, for example when an electric utility
wants to construct a transmission line classified as a 1041 (Article II does not apply to
permits granted under Articles V or VI See below )
3 Article III contains regulations specific to major facilities of public utilities for electncal
transmission lines, power plants, and substations over a certain size
4 Article IV contains regulations on certain transportation -related projects and areas around
those projects
5 Article V regulates oil and gas exploration and production through what are referred to as
"1041 WOGLAs"
6 Article VI regulates petroleum pipelines over a certain size ("LAPs") (These are technically
not 1041s, but the regulations are in Chapter 21 due to their being administered by the Oil
and Gas Energy Department, as are 1041 WOGLAs )
7 Article VII regulates, as major facilities of public utilities, large solar energy facilities ("1041
SEFs")
This ordinance also includes a small change to Chapter 2, Administration, to exclude 1041s from
provisions regarding "substantial change" requirements_ in the event the Board denies an
application This change would allow an applicant for a 1041 permit which has been denied to
apply again within five years without having to first apply for a Substantial Change Heanng to
convince the Board that the new application is substantially different from the one that was
denied. It would also allow the property owner to submit a different land use application without
first applying for a Substantial Change Heanng
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2025-1370
1
The proposed changes to Article I are mainly clean-up and consolidation For example,
exemptions will be relocated to the section on applicability (21-1-40) Changes to this section
would clanfy that, if the County grants a permit for a project that is not designated as a 1041, and
then later designates that area or activity as a 1041, the applicant will essentially be
"grandfathered" and will not need to obtain approval of a 1041 permit
Also in Article I, references to the Planning Commission would be removed for the designation
process However, this would not prevent the Board from requesting the Planning Commission's
recommendation, if it so chooses
The proposed changes to Article II are more substantive than those for Article I As mentioned
above, Article II does not apply to WOGLAs and LAPS (oil and gas) The 1041 permitting process
in Article II is similar to a use by special review (USR) process, though with much more extensive
application requirements and approval cntena and a higher application fee Some proposed
changes include
Consolidating application requirements from Articles III and VII, except for the few items
particular to those application types
Clanfying a 1041 may encumber a portion of a lot, unlike USRs, which encumber entire lots
Updating and clarifying the process The timeframe from submittal of a complete
application to Board hearing would be approximately 180 days
Inserting language allowing the Board to require "de mmimus" changes to the project, but
larger changes would require continuing the heanng in case additional notice may be
required, or that the application be denied As mentioned above, the applicant then
could apply again with revisions to their application without needing to go through the
Substantial Change process
Adding language about the Board's ability to rescind approval in certain circumstances
Adding a process for amending an approved 1041 development Technical revisions
could be approved administratively, but any other amendments would be reviewed by
the Board in a public hearing (A separate ordinance (2025-05) would establish the fee for
a 1041 Amendment at $2,500 as opposed to the $10,000 fee for a new 1041 application )
The only changes currently proposed for Articles III (major facilities of public utilities) and VII (1041
solar energy facilities) are related to moving most application requirements to Article II, since the
requirements are largely the same for both application types Staff will propose other updates to
these articles at a later date
The full title of Article IV is "Site Selection and Construction of Arterial Highways, Interchanges,
Collector Highways (Including Pnvate Toll Roads and Toll Highways), Mass Transit and Rapid Transit
Terminals, Stations and Fixed Guideways, and Areas Around Arterial Highways, Interchanges,
Collector Highways (Including Private Toll Roads and Toll Highways) and Mass Transit and Rapid
Transit Terminals, Stations and Fixed Guideways " Staff proposes repealing this article We have
never issued any permit for a project under this article, which was adopted in 2008 after a 210 -
mile private toll highway called "Super Slab" was proposed, but the article applies to a variety of
other road projects as well This article also requires a 1041 Permit for development around arterial
highways, collector highways, and interchanges, however, the size of those areas is not defined
and the County has not enforced this requirement in the past Article IV would also require a 1041
Permit for the proposed new interchange at County Road 8 on Interstate 76
Please refer to the attached ordinance for more information
Staff recommends adoption of Ordinance 2025-07 on first reading
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CHAPTER 2 - Administration
ARTICLE III - Planning and Zoning Matters
Sec. 2-3-10. - Previously denied applications for land use matters.
A. Neither an applicant nor his or her successors in interest in property for which a land use application
was denied within the preceding five (5) years may submit a land use application for any portion of the
property contained in the original application unless the Board of County Commissioners has
determined that, based upon a showing by the applicant, there has been a substantial change in the
facts and circumstances regarding the application subsequent to the original decision of denial by the
Board of County Commissioners or that there is newly discovered evidence which would have been
likely to affect the outcome of the original decision that the applicant could not have discovered with
diligent effort prior to the original decision of denial.
B For purposes of this section, land use application includes applications for any 1041 permits under
Chapter 21 (but not inck.iding permits ender Article V of Chapter 21); amendments to the zoning map
under Division 1 of Article II of Chapter 23; use by special review permits under Divisions 4, 5, or 6 of
Article II of Chapter 23; subdivisions under Chapter 24; or planned unit developments under Chapter
27
[REMAINDER OF SECTION, NO CHANGES.]
CHAPTER 21 - Areas and Activities of State Interest
ARTICLE I Administrative Regulations
Division 1 Introductory and General Provisions
Sec. 21-1-20. Purpose and findings.
A. Purpose and intent. The purpose and intent of the Sects 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.
B. Findings. With respect to these 1041 Regulations, the Board of County Commissioners finds as
follows:
1. The 1041 Regulations are necessary because of the intensity of current and foreseeable
development pressures on and within the County and to promote the health, safety and welfare
of the citizens, and to protect the environment and wildlife of Weld County;
2. The 1041 Regulations apply to the entire unincorporated territory of the County; and
3. The 1041 Regulations interpret and apply to any regulations adopted for specific areas of state
interest and specific activities of state interest which have been or may be designated by the
Board of County Commissioners.
Sec. 21-1-30. Legal authority.
The 1041 Regulations are authorized by and through the Colorado Areas and Activities of State
Interest Act ("AASISAASIA"), C.R.S. §§ 24-65.1-101, et seq.; the Colorado Local Government Land Use
Enabling Act, C.R.S. §§ 29-20-101, et seq., including; without limitation, C.R.S. § 29-20-104; the County
Planning and Building Code statutes set forth in C.R.S. Title 30, Article 28; and the powers and authorities
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conferred upon home rule counties set forth in C.R.S. Title 30, Article 35, including authority to adopt the
Weld County Home Rule Charter to ensure self-determination and to promote the health, safety, security
and general welfare of the people of Weld County.
Sec. 21-1-40. Applicability.
be designated by the Board of County Commissioners, and the control of development in any such area
or activity within the County, u-nless specifically excepted pursuant to the provisions of the regulations in
A. The 1041 Regulations shall apply to all proceedings concerning identification and designation of any
area of state interest or activity of state interest that has been or may hereafter be designated by the
Board of County Commissioners, and the permitting of development in any such area or activity within
the unincorporated County, unless specifically excepted pursuant to the provisions of this Chapter 21.
B. The 1041 Regulations shall not apply to any development in an area of state interest nor any activity
of state interest that meets any one (1 ) of the following conditions, as of May 17, 1974:
1. The specific development or activity was covered by a current building permit issued by the
County;
2. The specific development or activity had been approved by the electorate of the County; or
3. The specific development or activity is to be on land:
a. Which was conditionally or finally approved by the County for planned unit development or
for a use substantially the same as planned unit development;
b. Which was zoned by the County for the use contemplated by such development or activity;
or
c. With respect to which a development plan was conditionally or finally approved by the County.
C. The 1041 Regulations shall not apply to any development in an area of state interest nor any activity
of state interest that has substantially begun as of the date of designation of the area or activity as a
matter of state interest. For this purpose of this section, "substantially begun" shall mean a project
meeting any of the following criteria:
1. The County has issued one (1) or more permits for the project, including but not limited to, access
permits and right-of-way permits.
2. The activity or use is part of a site -specific development plan approved by the County the vesting
period of which has not expired.
D. The provisions of these 1041 Regulations shall not apply to any nonconforming use. 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 percent (50`)/0) of the appraised value, any reuse,
reconstruction, or replacement of such structure shall be deemed a new use and shall be subject to
the provisions of these 1041 Regulations. Any expansion of a nonconforming use shall be fully subject
to these 1041 Regulations. For the purposes of this Section, a nonconforming use shall be defined as
a use that does not conform to a provision or requirement of this Chapter, but was lawfully established
prior to the time of its applicability.
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E. The provisions of this section shall not be deemed to waive other requirements of this Code, including,
but not limited to, building permits, right-of-way permits, and access permits.
Sec. 21-1-50. ReservedExemptions.
The portions of the 1041 Regulations authorized- exclusively under Section 24-65.1-101, et seq. ,
ay 17, 1074: (a) the specific development or activity
was covered by a current building permit issu
been approved by the electorate of th-e Canty; or (c) the specific development or activity is to be on land:
use contemplated by such dev-etoprnent -or a-ctivity; or (ii-i) with respect to which a development plan has
proved by the Coun-ty
Sec. 21-1-60. Relationship of 1041 Regulations to other county, state and federal
requirements.
A. More restrictive County standards or requirements control. Whenever the 1041 Regulations are found
to be inconsistent with any other applicable resolution, ordinance, code, regulation_ or other enactment
of the County, the enactment imposing the more restrictive standards or requirements shall control.
B. Statutory criteria in C. R.S. § 24-65.1-202 and § 24-65.1-204 control if the 1041 Regulations are less
stringent. In the event the 1041 Regulations are found to be less stringent than the statutory criteria
for administration of matters of state interest set forth in C. R.S. § 24-65.1-202 and § 24-65.1-204, the
statutory criteria shall control.
C. The 1041 Regulations control if statutory criteria less stringent in C. R.S. § 24-65.1-202 and § 24-65.1-
204. In the event the 1041 Regulations are found to be more stringent than the statutory criteria for
administration of matters of state interest set forth in C. R.S. § 24-65.1-202 and § 24-65.1-204, these
1041 Regulations shall control pursuant to the authority of C.R.S. § 24-65.1-402(3).
D. The 1041 Regulations set forth in Article V Chapter 21 control in cases of overlapping requirements
of this Code. Where the 1041 Regulations set forth in Article V of Chapter 21 overlap with other
applicable regulations in this Code, then the 1041 Regulations set forth in Article V of Chapter 21
control
E. The With the exception stated in Section 23-2-200, below, the 1041 Regulations are in addition to,
and not in lieu of, other regulations of the County. The 1041 Regulations are intended to be applied in
addition to, and not in lieu of, all other regulations of the County, including, without limitation, the
zoning, subdivision, planned unit development, regional urbanization area, intergovernmental
agreement, building codes, ! ! ! ! on -site wastewater treatment system,
and Comprehensive Plan portions of this Code.
F. 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 the
County, the intent of the 1041 Regulations is that the Board of County Commissioners shall exercise
its authority pursuant to the 1041 Regulations and state statutes to the maximum extent allowable
consistent with federal and state law and regulations.
Sec. 21-1-70. Duties of Board of County Commissioners.
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Unless otherwise specifically provided for, it shall be the duty of the Board of County Commissioners
to perform all of the functions set forth in this Article I, and those specified in Articles II, III, IV. V, VI,
VII, or VIII of this Chapter 21. The Board of County Commissioners shall also be generally empowered to
hear appeals from any person aggrieved by any decision of the Planning Director made in the course of
administering these 1041 Regulations. Any such appeal shall follow the appeals procedure set forth in
Section 2-4-10 of this Code.
Sec. 21-1-90. Definitions.
The words and terms used in these 1041 Regulations for administration of areas and activities of state
interest shall have the meanings set forth below, unless the context requires otherwise:
Designation: Only that legal procedure specified by C. R.S. §1`_ 24-65.1-401, et seq., and specified in
this Article I as carried out by the Board of County Commissioners.
[NO OTHER CHANGES TO DEFINITIONS.]
Division 2 Designation of Matter of State Interest
Sec. 21-1-200. Board of County Commissioners to make designations.
• - .. .. .. .. -.... -. . - .. .. .. be initiated i-n two (2) ways:
A The Board of County Commissioners may in its discretion designate and adopt regulations for the
administration of any utter area or activity of state interest.
B
1 o •• • • _ _ • •. •1 _ • • • _ • _ • • • . • .• _ • _ _ _ 1
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.
Sec. 21-1-210. Public hearing required.
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.
than seven (7) days before tie P Corn-m4-ssi-on hearing date in the newspaper of general
circulation in the County designated by the Board as the County legal newspaper. The Planning
Sec. 21-1-220. Notice of public hearing, mailing list, publication.
A. The Board of County -CommissionersClerk to the Board shall prepare a notice of the designation
hearing which shall include:
1. The time and place of the hearing.
2. The place at which materials relating to the matter to be designated and any guidelines and
regulations for the administration thereof may be examined.
3. The telephone number where inquiries may be answered.
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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. §§ Sections 24-
65.1-404(2)(b) and 24-65.1-501(2)(c) C.R S. In order to have a name and address retained on said
mailing list, such persons shall resubmit their names and addresses and pay said annual fee before
January 31 of each year. Interested persons are advised that notices of hearings before the Board are
posted on the Weld County website, www.co.weld.co.uswww.weld.gov.
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 (1) 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 or electronic mail to each of the following:
1. State and federal agencies, as deemed appropriate in the discretion of the Board of County
CommLsionersDirector of Planning Services.
2. Persons on the mailing list (subsequent to the initial adoption of guidelines and regulations).
Sec. 21-1-230. Matters to be considered at designation hearing.
At the public hearings on designation, the Hannog Cornrriisstoo, 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 designation issued by
applicable state agencies.
C. The boundaries of any area proposed for designation.
D. The reasons why the particular area or activity is of state interest, the adverse impacts that would
result from uncontrolled development of any such area or uncontrolled conduct of such activity, and
the advantage of development of such area or conduct of such activity in a coordinated manner.
E. The extent to which other governmental entities regulate the area or activity proposed to be
designated.
F. The applicable criteria for administration of the proposed area or activity as set forth in these
regulations and C.R.S. §§ Section 24-65.1-201, et seq. , C.R.S.
G. The legislative declarations stated in C.R.S. §§ Sections 24-65-102, 24-65.1-101_ and 29-20-102,
C.R.S.
H. The Comprehensive Plan set forth in Chapter 22 of this Code the R
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.
Sec. 21-1-240. Conduct of designation hearing.
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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 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.
Sec. 21-1-250. Reserved
•
•
•
hearing:
1. A copy of the notice of the hearing.
•
eserve the following record of the public
notice was mailed -
3. The names a-nd addresses of persons who presented written or oral statements or offered
4. Any written -statements or documents presented in support of or in
designation of the matter of state inter-esh
5. Any recording or transcript, if an -y, of the hearing.
6. The order of designation of the area o-- a-cti-vity of state interest.
7. A map or maps depicting each area of state interest designated.
B. Any person may, at hi -s or her own expense,
furnished free -of charge to the Board of Co-unty Commissioners and shall become part of the recore.
Sec. 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. §§ Section 24-65.1-101, et seq.
C.R.S., 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.
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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 by resolution and
adopt regulations for the administration thereof by ordinance.
D. Each designation order resolution 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 designated activity or development in the designated area must comply with the
regulations applicable to the designated matter of state interest.
E. Adoption of regulations adopted after designation of a matter of State interest shall be enacted by
Code amendment through adoption of a Code change ordinance change. Such regulations shall be
considered the "guidelines" referred to in C.R.S. §§ Section 24-65.1-101, et sea.
Sec. 21-1-290. Effect of designation - moratorium until final determination.
Except for the 1041 WOGL-Pir-Permit re-gu-dons and procedures set forth in Arti-cle V of this C-hapter
21, after 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).
Sec. 21-1-300. Mapping disputes.Combined designation and permit hearing.
If a person proposes to engage in development in an area of statue interest or to conduct an activity of
• nated or for which regulations have not been adopted or for
which amendments are pendi-ng, tie Board of County Corrxn+ssbners alone may hold ore (1) hearing for
e permit.
No permit that is granted at the cor+clu-s+on- of any such hearing shall have the authority to engage in
development or to conduct an activity until the -identification, de • • are finally
determined.Where interpretation is needed as to the exact location of the boundary of any area designated
for areas and activities of state interest and where there appears to be a conflict between a mapped
boundary and actual field conditions, the Board of County Commissioners shall make the necessary
determination of the boundary. Any person contesting the location of the boundary shall be given an
opportunity to present a case on the subject to the Board.
ARTICLE II Permit Regulations
The permit regulations set forth in this Article II shall not apply to the regulations and procedures
regarding 1041 WOGLA Permits set forth in Article V of this Chapter 21 nor to the regulation and
procedures regarding Location Assessments for Pipelines set forth in Article VI of this Chapter 21.
Division 1 Permit Requirements
Sec. 21-2-10. Permits required after designationActivities requiring permits.
Any person desiring to engage i-n a -in a- designated area of state interest, or to conduct
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it from the County.
Draft
A. The Board of County Commissioners has the authority to grant a 1041 Permit pursuant to these 1041
Regulations.
B. No person may engage in development in a designated area of state interest or conduct a designated
activity of state interest without first obtaining approval of a 1041 Permit. Any person desiring to engage
in a development, expansion, or project subject to the 1041 Regulations, or a technical revision to an
approved and recorded 1041 Permit, shall submit an application for a 1041 Permit in a form provided
by the Planning Services Department. The form shall be accompanied by all maps, plans, and reports
required by these 1041 Regulations. A 1041 Permit, which is considered the approving resolution
adopted by the Board of County Commissioners, is not perfected until the associated 1041 Permit Map
is approved and recorded.
C. If any proposed development, or any segment of any proposed development, includes an area or
activity as designated in this Article 1, then the entire project is subject to the 1041 process.
D. A single application may be completed for multiple activities of state interest and/or developments in
areas of state interest proposed by the applicant and may be reviewed by the Board of County
Commissioners in one (1) consolidated hearing.
E. No building permit shall be issued by the County for an activity or development subject to this
subsection without the applicant having first obtained a 1041 Permit and other associated required land
use approvals.
F. Any person engaging in a development in a designated area of a state interest or conducting a
designated activity of state interest who does not obtain a permit pursuant to these 1041 Regulations,
who does not comply with permit requirements, or who acts outside the authority of the 1041 Permit
may be enjoined by the County from engaging in such development or conducting such activity, and
may be sub ect to such other criminal or civil liability as may be prescribed by law.
Sec. 21-2-20. Reserved.
•
Tie following activities are exempt from the permit process:
A. Any system, extension or project not covered by the preceding Section 21-2-10.
B. Systems, extensions of projects which are located on unincorporated land
D.
Upgrades
County regulations, includi
equipment or anci-ltary facilities, provided that the improvem nts do not exp-and levels of service
•
ed by federal. state or
existing facility.
Any system, extension or project necessary t
a
ion or other use approved under the
zoning, subdivision Of other land- use regulations of the County as set forth in this Code (with the
exception of uses reviewed solely under Section 30-28-110-0), C.R.S. ), which meets one (1) of the
following criteria:
1. That the service provider obtains a specific exemption from the Planning Director, approval or
of the action to -ken. Such-e-xshall be ba-sed on th-e c-o-ncl-u-si-on that review of the p-roposed
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 Sectio-n 2-4-10 of this Code.
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2. _
division or other land
as is not necessary under the Section
1041 Regulations.
Any system, extensio-n or project which, as of the date of designati-on as a matter of state interest, the
activity meets any one (1) of the following conditions:
1. Is part of f+nat dis-c-reti
agreement whose vesting period has not expired.
2. Has a complete
ocess for a discretionary County land use approval (not
of the application.
3. Has a County land use permit rued: {s} within the preceding ninety (90) days; (ii) within the
previous two- (2) years aid an k► vuark has corn-menced and been diligently pursued or
completed; or (iii) as to which vested rights were obtaned and remain effective, all as provided in
Chapter 23 of this Code.
• • - - •� • • • - • • - • • • • . - • • •• - • 1 • - 1 - - - - • e of
the amendment of the code to include these Section 1041 Regulations, and the proponent
1. The proponent has made significant finan l or engineering of the
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.
Sec. 21-2-30. Reserved.
requirement.
A. The Plan-n.tng Departm -
conduct of particular proposed a-ctivitie-s. This dete-rmination shall be made within ten (10) calendar
. . .
etermination shall be published in the
include an activity within or exempt it from these Se-ction 1
appeal to the Board of county commi sio-ners n�4ater tt�n tee (10) days after the date of the Planning
Department's written decision. Any such appeal sha rocedure set forth in Section
2-4-10 of this code.
epartment to
B. The Board of County commissioners shall schedule
than thirty (30) days after the appeal is filed.
C. For the purpose of cfecfd+r►g the --appeal, the Board rya
and declaration of the scope of the activity.
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rovide a description
Draft
Division 2 Permit Application
Sec. 21-2-200. - • • -•bon—farm General
.. - - ..
application requirements.
In addition to specific requirements in subsequent articles of this Chapter 21, all applications for 1041
Permits shall contain the following:
A. Completed application form provided by the Department of Planning Services.
B. Articles of organization or incorporation documents if the applicant is a corporate entity, and a
statement/delegation of authority for the person authorized to sign on the corporation's behalf.
C. Authorization form, if applicable. The application must designate all agents for the applicant. The
applicant shall be bound by any agreements made by the agent(s).
D. Draft 1041 Permit Map.
1 At the time of application, the draft map need not be signed. If the Board of County Commissioners
conditionally approves the application, the map submitted for recording shall contain the signature
blocks shown in Subsections A and B of Appendix 21-C of this Code and shall be signed by the
applicant/agent.
2. The draft map shall be submitted in electronic (.pdf) format. If approved, the applicant shall submit
the map on Mylar or other drafting media approved by the Department of Planning Services.
3. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high.
4. The map shall include a case number for the title in the format provided by the Department of
Planning Services.
5. The area proposed for development under the 1041 Permit application may encumber an entire lot
or lots, or may encumber a portion or portions of a lot or lots, in which case a metes and bounds
description for the area of development shall be provided. For the purposes of identifying
surrounding property owners to be notified of public hearings, the boundaries of the lot(s) containing
the development shall be used. Approval of a 1041 Permit for a portion or portions of a lot or lots
does not create a separate, legal lot. Development shall be limited to the area identified on the
approved and recorded 1041 Permit Map. Any change to the limits of the area of development shall
require approval of an amendment or technical revision, as determined by the Director of Planning
Services, in accordance with Section 21-2-430 of this Article II.
. .
6. Vicinity map. The map shall contain a vicinity map to identify the location of the project, with a scale
of one (1) inch equals two thousand (2,000) feet or at another suitable scale if approved by the
Department of Planning Services, and delineating all of the following information within a one-half
(0.5) mile radius of the area proposed to be disturbed by the project:
a. Section, township and range.
b. Scale and north arrow.
c. Outline of the perimeter of the proposed project area.
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d. The general classifications and distribution of soils over the parcel under consideration. Soil
classification names and agricultural capability classifications shall be noted in the legend.
e. Locations and names of all hydrographic features including irrigation ditches/canals, streams,
rivers, ponds, and reservoirs.
f. Locations and names of public roads.
g. Any other relevant information within a one -half -mile distance of the perimeter of the proposed
project area as may be reasonably required by the Department of Planning Services to meet
the intent and purpose of this Chapter.
7. Plot plan. The map shall contain a plot plan of the project area at a scale of one (1) inch equals one
hundred (100) feet or at another suitable scale if approved by the Department of Planning Services,
containing the following information, as applicable:
a. Boundaries of the area to be disturbed by the project and the limits of existing or anticipated
temporary construction easements or permanent easements relating to the project. If the 1041
Permit will not encumber an entire lot or lots, the dimensions of the boundaries of the project
area shall be labeled.
b. All other recorded easements on the sub ect property shall also be shown and referenced with
the date, reception number, and purpose of the easement.
c. Property lines and respective owners' names (may be shown on vicinity map instead). Land
within two hundred (200) feet of the project shall be shown.
d. All existing and proposed structures, excluding signs but including fences and all other
proposed improvements. For proposed buildings, provide dimensions and approximate
distances to the nearest property line. Elevation drawings may be required.
e. All ad;acent public road rights -of -way of record (including road names and reception numbers
or other information on the creation of the right-of-way). Limits of the existing gravel or
pavement shall be shown.
f. Existing and proposed access(es) including use classification, radii, and width.
g. All hydrographic features including irrigation ditches/canals, streams, rivers, ponds, and
reservoirs (including names).
h. Location and design of proposed stormwater management improvements.
i. Location of any special flood hazard area, geologic hazard area, airport overlay district.
j. Proposed lighting including locations and a dimensioned elevation drawing of any light poles
and the cutsheet of any light fixture including the shield design.
k. Parking and circulation, showing surface material and locations and sizes of parking spaces.
The total number of parking spaces and maximum number of employees on -site at any given
time shall be provided.
I. Any other relevant information as may be reasonably required by the Department of Planning
Services to meet the intent and purpose of this Chapter.
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8. Landscaping and screening plan. Show the location and indicate the size and material of any
existing and proposed landscape material, including, but not limited to, plants, groundcover,
revegetation, and any fencing, walls, berms, or other screening. Elevations with height information
may be required for screening. Provide total numbers
E Project narrative, including the following information, as applicable:
1. A description of the existing property, including its current and/or previous use and any existing
improvements, the proposed project and its improvements, and acreage of areas to be temporarily
and/or permanently disturbed.
2. Information about the operator, applicant, designer, engineer, surveyor, and any other consultants
or contractors.
3. A description of the project's conformance with the Weld County Code, including, specifically, this
Chapter 21 and the Weld County Comprehensive Plan, as well as other applicable regulations,
plans, and policies of federal, state, regional, or other affected local governmental agencies.
4. A description of temporary (during construction) and permanent mitigation measures.
A description of the need for the proposed project shall be included with the following information,
as applicable:
a. A description of the relationship of the project to other existing and planned facilities of a similar
nature, including those of other entities (local governments, special districts, corporations, etc.).
b. A description of the site analysis performed, alternative locations considered, and why the
proposed location was selected.
c. A description of the cost -benefit analysis of constructing the project as compared to other
possible structural (for example, other locations) and nonstructural (for example, conservation)
alternatives.
d. A description of the relationship of the project to surrounding and nearby land uses, including
an analysis of the impact of the project on future development of the area.
e. A description of the anticipated economic impact of the development on the area and the
County and any efforts to enhance or mitigate those impacts.
6. Environmental impact analysis:
a. Describe any anticipated or potential environmental pollution, damage, and/or contamination
due to materials used at or activities taking place at the proposed facility, including but not
limited to effects on air quality, soils, aquifers, and surface water, and any monitoring proposed.
b. Describe procedures to be used in the event of contamination.
c. Describe any other pollution control measures to be constructed or implemented.
d. Detail the agricultural production capacity of the proposed location and the anticipated impacts
from the development.
e. Describe the visual impacts of the project on surrounding areas and proposed landscaping or
screening, and provide photographs showing a simulation of the proposed development.
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f. Describe any environmental impacts of transportation to and from the project and any proposed
road or intersection improvements.
g. Describe the anticipated water and energy needs of and sources for the project, including any
mitigation efforts such as conservation measures to be implemented on- or off -site. Describe
potential impacts of anticipated water use on aquifers or vested water rights.
h. Identify any sensitive environmental or at -risk areas within or near (within one mile of) the
project, including but not limited to:
1. Floodplains, waterways, wetlands, and riparian areas.
2. Woodlands, grasslands, and other wildlife habitat or migratory areas.
3. Known areas of unique geological, historical, ecological, or archeological importance.
4. Public outdoor rec-eational areas, elder care facilities, and schools.
i. Environmental impact analysis of alternative locations may be required.
7 Hazards and emergency procedures:
a. Describe hazards, if any, of fire, explosion, leak, or other dangers to the health, safety, and
welfare of employees and the general public.
b. Describe emergency procedures to be used in the event of fire, explosion, leak, or other event
that may endanger the public health, safety, and welfare.
j. Describe any flood or geologic hazards within or near the project.
c. Describe any prevalert natural hazards that will affect or be affected by the development and
describe mitigating measures to be taken to reduce danger due to such natural hazards.
8 Projected development schedule:
a. Estimate maximum number of employees, number of shifts and employees per shift during the
construction, operation, and maintenance phases of the project.
b. Specify any future phases or extensions of the facility and relationship of the facility (if currently
foreseen) to larger programs and plans.
c. Specify timetable for p arming (e.g., federal permits, other state permits, etc.).
d. Estimate beginning and completion of construction and beginning of operation of facility.
F. A traffic impact study or traffic narrative, at the discretion of the Director of Planning Services or their
designee, including a construction haul route map. A construction and road maintenance agreement
to mitigate traffic impacts may be required in accordance with Article II, Improvements Agreements, of
Chapter 8 of this Code.
G. A drainage narrative or preliminary drainage study pursuant to the requirements of Chapter 8, Article
XI of this Code, at the discretion of the Director of Planning Services or their designee. A preliminary
drainage report providing water quality will be required if the project site falls within an MS4 area. See
Chapter 8, Article IX, of this Code. Areas may be exempted from impervious surface calculations if
compacted soil will be loosered (tilled or otherwise aerated), as determined by the Department of
Planning Services. The applicant shall be responsible for ensuring all such areas are revegetated within
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twelve (12) months of construction and maintained in perennial vegetation to prevent erosion, manage
runoff, and build soil.
H Municipal Separate Storm Sewer System (MS4) requirements, if applicable.
I. A noise study and a noise abatement plan, if applicable, as determined by Environmental Health,
documenting the methods to be utilized to meet the applicable noise standard.
J. A waste handling plan, if applicable, as determined by Environmental Health.
K A dust abatement plan, if applicable, as determined by Environmental Health.
L. Signed and notarized Decommissioning/Reclamation Plan. The developer is responsible for the
decommissioning and reclamation if the proposed use is discontinued.
1. Include a description of the projected useful life of the project, anticipated maintenance
requirements, funding source for maintenance, potential for future upgrading of equipment, etc.
2. Include an estimate of costs associated with dismantling, recycling, and safe disposal of facility
components and site reclamation of decommissioning and reclamation, including the following
elements:
a. Removal of all structures, including, but not limited to, fencing, equipment, conduits,
foundations, roads, etc.,_ unless any such items (specify which) will be owned by the property
owner, and the property owner agrees in writing that they may remain on the property after
decommissioning.
b. All labor, equipment, transportation, and disposal costs associated with the removal of all facility
components from the facility site.
c. All costs associated with full reclamation of the facility site, including removal of non-native soils
and weeds and establishment of native grasses. Soils of each area of direct impact shall be
materially similar to or better than the condition they were before construction. Noxious weeds,
as defined in Chapter 15 of this Code, shall be eliminated.
d. Costs of all decommissioning/reclamation activity management, site supervision, site safety.
e. Any other costs, including but not limited to administrative costs, associated with the
decommissioning and reclamation of the facility site.
f. The Department of Planning Services may require the Decommissioning/Reclamation Plan to
be updated if the plan on file is more than five (5) years old.
3. Security to implement the Decommissioning/Reclamation Plan may be required as a condition of
approval, particularly for any development or activity with a projected useful life of less than fifty
(50) years.
a. Such security shall conform to the requirements of Section 8-2-40, Acceptable Types of
Collateral, of this Code, and shall amount to one hundred (100) percent of the total cost of
decommissioning and reclamation.
b. The Board of County Commissioners of Weld County shall be named as the sole beneficiary of
the security.
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c. The security shall contain an automatic extension provision or "evergreen clause" and shall be
"bankruptcy remote", meaning the security will be unaffected by the bankruptcy of the applicant
or operator.
d. Decommissioning/reclamation shall commence within twelve _12) months of the facility
permanently ceasing operation. The Director of Planning Services may issue a six-month
extension upon written request, after which the Board of County Commissioners may issue an
extension upon written request. Work shall begin promptly upon notice by the Board of County
Commissioners and shall be completed within twelve (12) months of such notice. Weld County
shall have the right to draw upon the security after ninety (90) days following such notice from
the Board for failure to commence, maintain progress, or complete the
decommissioning/reclamation.
e. Upon completion of Decommissioning/Reclamation Plan, written request for release of any
security held by the County may be submitted to the Department of Planning Services, which
shall inspect the site for compliance. Upon satisfactory completion of the decommissioning and
reclamation, staff shall schedule the request for consideration by the Board at a regularly
scheduled public Board meeting and notify the applicant of the hearing date and time. The
security shall be released after final written acceptance by the Board.
M Proof that a water supply will be available which is adequate in terms of quantity, quality, and
dependability, if applicable, as determined by Planning Services.
N. Sewage disposal documentation, if applicable, as determined by Planning Services.
O. The names and addresses of any owner and/or operator of any oil and gas facilities, irrigation
ditches/laterals, pipelines, overhead lines, railroad, etc., on the property.
P. A certified list of the names, addresses, and the corresponding parcel identification numbers assigned
by the County Assessor of the owners of real property (the surface estate) within one thousand three
hundred twenty (1,320) feet (one -quarter (1/4) mile) of the boundaries of the property proposed to be
physically disturbed, or in the case of a linear transmission line project extending more than one (1)
mile, surface owners of real property within five hundred (500) feet on either side of the centerline of
the proposed alignment and surface owners of any real property proposed to be physically disturbed.
The source of such list shall be the records of the County Assessor, an ownership report derived from
records of the County Clerk and Recorder and prepared by a title or abstract company or an attorney.
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 submittal date.
Q. Any other information required by the Board of County Commissioners or the Department of Planning
Services and communicated to the applicant. The Board may request the applicant to provide additional
information during the public hearing on the application. The applicant may be granted reasonable
continuances to provide such information, if the applicant so requests.
A. Any person desiring to engage in a development, expan-sion or pr-oject subject to the Section 1041
render the application incomplete. If the application is considered incomplete by the Planning
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,
application n
al•ternat+ve for which a permit is being sought in orde
information is required. An
Department shall note upon the application the date and hour of its receipt.
• - = _ - - • - - • = - -• = - • = • = - *n -development in rye tha-none--(1)--area of state interest
,
for all such activities or developments and may be reviewed by the Board of County Commissioners
in one (1) consolidated hearing.
D. In additio-n to the s-ubstantive information specified in these Section 1041 Regulations, a complete
application must
and three h -undyed twenty (1,320) feet of the boundaries of the property proposed to
be physically disturbed; except for transmission line o
owners for five hundred (500) -feet on either side of the centerline of the proposed alignment. The
source of such list shall be the
abstract company or attorney derived from such records, or from the records of the County Clerk and
Recorder. If the list wa-s-assembled from the records of the County Assessor, the
that such his
n date.
ses of all mineral OW -Fl -and
lessees of mineral owners on -or under the parcel of land be+ng con-sidered. The list shall be prepared
perform the task and shall be current as of -a
Department.
Sec. 21-2-210. Application fee.
Each application shall be accompanied by the payment of an application fee per the fee schedule in
Appendix 5-J. wh-ich shall be se: by tie Bawd of -Cou-nty Commissioners from time to time by endments
to this Code. County staff is not authorized to negotiate fees and may not waive, reduce, nor amend the
required fee. The applicant may withdraw their application at any point during the process, but fees not
refundable.
Sec. 21-2-220. Consultants.
the Planning Department Di
for such purpose by the Planning Department. VVhenever possible, the need for a consultant shall be
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Itreement with the applicant. In determining its need
for -engagement of a consultant, the Planning Department may consider the technical expertise which
is available from the applicant, but the Planning Department reserv-es the right to engage any
indepe
Department shall prepare a written summary which shall describe the proposed scope of the
co-nsultant's engagement, the qualifications of the consultant, the identity of the consultant if known,
and the estimated cost of the consultation. Thi
be given a-
nt and
to comment on the proposal, which comments
shall be considered by the Planning Department, but shall not be binding on it. The--RIann4ng
De-partment shall then respo
he
a consultant and the terms of such consultation be reviewed by the Board of County Commissioners.
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
processing expenses to be paid for by the applicant.
C. Professional quail I nts for t
�e
apo
icat-ion,
1. A professional consultant may not be necessary for all applications. The following may require
professional assistance:
a. Improvement plans and reports for water suppt ,
,
t be ceaifieb
by a registered Colorado Professional Engineer, or other qualified professional engineer exempted
from licensing requirements by state statute.
1
b. All docu-men-ts contai�+ng lamed survey d-escriptions must be certified by a registered Colorado
Prof_ .. .. - .. - f ineer.
2. All data and p
work.
gal geologist.
ual in charge of the
If the County does not have qualified staff to review certain elements of an application or referral
agencies are not able to adequately advise the County regarding certain elements of an application, the
Planning Services Director may authorize the review to be performed by a consultant engaged for such
purpose by the Planning Services Department. Whenever possible, the need for a consultant shall be
established at the preapplication stage. All fees for such consultant shall be paid for by the applicant on a
"cost plus fixed fee" basis, or according to agreement with the applicant. In determining its need for
engagement of a consultant, the Planning Services Department may consider the technical expertise
available from the applicant, but the Planning Services Department reserves the right to engage any
independent consultant. If it proposes to engage a consultant, the Planning Services Department shall
prepare a written summary describing 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
Services Department, but shall not be binding on it.
Sec. 21-2-230. Waiver of submission submittal requirements.
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The Planning Department may waive any part of the submission submittal requirements, other than
fees; deemed which are not irrelevant to the decision on the application w
Planning Department • , or which the Planning Department
determinesd to have been addressed satisfactorily by another agency or department with proper
jurisdiction.
Sec. 21-2-240. Intergovernmental agreements. Mineral estate notification.
The applicant shall provide written certification required by C.R.S. § 24-65.5-103.3, if applicable. Such
certification shall be submitted on or before the date of the initial public hearing referred to in C.R.S. § 24-
65.5-103(1).
Upon} the request of the State of
20-1 202(1), C.R.S., proposing
Section 1041 Regulations may be met by the approva
County and such applicant. The County may, b-ut shall be under no obligation to do so, a-pprove such an
eement I I s provides by these Section 1041
Regulations-. In the event such an agreemen
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 Secti
C.R.S., to enter into such agreement.
R. The purpose and intent of the Sect+o-n 1041 Regulations must be satisfied by the terms of the
,agreement.
s defined by Section
irements of these
Pro
the exception that references to "permit application" shall be deemed replaced with "proposed
int
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. proposed
o the
applicant and to the County -.-
D. Both the Board of County C sioners and the State or the governing body of the political
E. Exercise of the provisions of this Section 21-2-24.0 by t -he State or political subdiv s on apol+cant will
not prevent that entity from electing at any ti -me to proceed under the permit provisions of these Section
1041 Regulations. Additionally, any entity w-hick-ba-s previously proceeded under the permit provisions
of these Section 1041 Regulatio.
Sec. 21-2-250. Application processingReserved.
Regulation -s. A -II requests for su-ch per
Commission recommendation shall be forwarded to a-nd considered by the Board of County
Commissioners.
cant to these Section 1041
Sec. 21-2-260. Duties of Department of Planning Services.
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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
bete —Upon receipt of a submittal, the Department of Planning Services shall note upon the
application the date of its receipt. Within twenty-eight (28) days of submittal, the Department of
Planning Services shall determine if the submittal is complete. If the submittal is considered
incomplete, the applicant shall be notified of the deficiencies and the deadline to correct the
deficiencies, which shall be one hundred twenty (120) days. The Director of Planning Services may
grant an extension, for good cause shown, upon awritten request by the applicant. If no written request
is submitted or if the deficiencies are not corrected by the date specified by the Department of Planning
Services, the application shall be rejected.
B. Upon determination of the submittal being complete, the Department of Planning Services shall notify
the applicant and refer the application for review and comment to those referral agencies deemed by
the Department of Planning Services, in its sole discretion, to be appropriate to the subject matter of
the application.
1. Should any agency impose a fee for such review, their fee shall be paid by the applicant no later
than the date of the Planning Commission hearing on the application.
2. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a
favorable response.
3. The reviews and comments solicited by the referral agencies are intended to provide the County
with information about the proposed activity. The Planning Commission and Board of County
Commissioners may consider all such reviews and comments and may solicit additional
information if such information is deemed necessary. The reviews and comments submitted by a
referral agency are recommendations to the County. The authority and responsibility for making
the decision to approve or deny the request for a permit pursuant to these 1041 Regulations rest
with the officials of the County.
C. Within ninety (90) days of a complete submittal, the Department of Planning Services shall prepare a
staff report for the Planning Commission and Board of County Commissioners, which shall address
all aspects of the application, its conformance with applicable sections of the Weld County Code or
any other ordinance in effect, and comments received from agencies to which the proposal was
referred. The staff report shall also be provided to the applicant.
D. Upon completion of the staff report, the Department of Planning Services shall, within thirty (30) days,
set dates for public hearings before the Planning Commission and Board of County Commissioners,
notify the applicant of such dates, and arrange for legal notice of said hearings to be published once
in a newspaper of general circulation in the County designated by the Board of County Commissioners
for publication of notices. The date of the hearing before the Board of County Commissioners shall be
not less than thirty (30) nor more than sixty (60) days following the date of publication of the notice.
1 The Department of Planning Services shall give notice of the application and the public hearing
dates to those persons listed in the application as owners of real property located within one
thousand three hundred twenty (1,320) feet of the boundaries of the property proposed to be
physically disturbed, or in the case of a linear project extending more than one (1) mile, surface
owners of real property within five hundred (500) feet on either side of the centerline of the
proposed alignment and surface owners of real property to be physically disturbed. Such notice
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Draft
shall be mailed, first class, not less than ten (10) days before the scheduled Planning
Commissioner 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.
2. The Department of Planning Services shall post a sign on the property under consideration with
the case number, date, time, and location of the hearings, location and phone number of the
Department of Planning Services, applicant's name and address, and type of request. 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.
For any linear project more than two (2) miles in length, a sign shall be posted along the proposed
route approximately every two (2) miles, or a greater distance if the total number of signs to be
posted would be more than ten (10).
3. The Department of Planning Services shall notify referral agencies that previously responded with
comments of the hearing dates.
Division 3 Permit Hearings
Sec. 21-2-300. Permit hearing before Planning Commission.
A. The Planning Commission shall hold a hearing to cons
as described i-n Section 21-2 tssion shalland provide a recommendations
to the Board of County Commissioners concerning the disposition of the request. The Planning
Commission shall approve recommend approval of 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 this Chapter,
applicable to each such area or activity of designation. The burden of proof shall be upon the applicant
to show compliance with such standards or conditions.
B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning
Commission and the information contained in the official record, which includes the Department of
Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation
has been made.
Sec. 21-2-310. Permit hearing before Board of County Commissioners.
The Board of County Commissioners shall hold a public hearing to consider the application and to
take final action thereon.
A. The Board shall consider the recommendation of the Planning Commission, the facts presented at the
public hearing, and the information contained in the official record, which includes the Department of
Planning Services' staff report and recommendation.
B. The Board shall approve the request for the 1041 Permit only if it finds that the applicant has met the
standards or conditions set forth in the 1041 Regulations governing the area or activity of state interest
involved in the application, as set forth in this Chapter, applicable to each such area or activity of
Page 20
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designation. The burden of proof shall be upon the applicant to show compliance with such standards
or conditions.
C. The Board shall reach a decision on a permit application within ten (10) days after the completion of
its hearing. A record of such action and a copy of the signed Board resolution shall be kept in the files
of the Clerk to the Board.
D. In its sole discretion, the Board may require de minimus changes to the proposed development;
however, larger changes, including, but not limited to, changes that alter the proposed location such
that one (1 ) or more owners of property within one thousand three hundred twenty (1,320) feet of the
revised location (or five hundred (500) feet for linear projects such as transmission lines) was not
notified by mail of the public hearing, shall require continuation of the hearing to allow staff to mail
notice to such landowners. Staff may also give referral agencies the opportunity to revise their
comments on the proposal. The foregoing notwithstanding, a completely different location from what
was proposed shall not be approved. The applicant would need to submit a new application and fee
with the new case starting over from the beginning of the process.
E. Where reasonable methods or techniques are available to mitigate negative impacts which could be
generated by the proposed request upon the surrounding area, the Board, in its sole discretion, may
condition approval of the 1041 Permit upon implementation of such methods or techniques, and may
require sufficient performance guarantees, unless otherwise provided for, to be posted with the County
to guarantee such implementation, as set forth in Section 21-2-410 of this Article. 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.
Approval may be issued for an indefinite term, and run with the land, or for a period of time as specified
in the resolution. Unless stated otherwise in the Board's resolution, approval of a 1041 Permit runs
with the land, and the applicant's assigns shall be bound by the same conditions and development
standards as the applicant.
G. If approved, staff from the Department of Planning Services or the Clerk to the Board's office shall
provide the applicant a copy of the conditions of approval, one (1 ) of which will be submittal of the
executed 1041 Permit Map for recording in the office of the County Clerk and Recorder by the
Department of Planning Services, and payment of the recording fee by the applicant.
A. The Board of County Commissioners shall:
1. Set a Board of County- is hearing, to fake puce not more than forty five (45)
days -after receipt of th-e Planning C sio reco-mmendation, or upon request of the applicant,
for consideration of the proposed Section 1-0.41 Permit.
in the County designated by the Board of Coo-nty -Commissioners for publication of notices. Such
notices it sties in the same manner as set forth for the
Page 21
Draft
notice of a designation hearing. At the discretion of the Board, a second notice may be published
roposed. Failure to
publish the second notice shall not create a jurisdictional defect i-n the hearing process. The date
beat feast ten (10) days prior to the hearing.
0. Give notice of the
d in the application
tt-y-clisturbed, except for transmission line or
pipeline projects, for which surface property owners for five hundred (500) feet on either side of
the centerli-ne
,
w
ed or crossed I -y the activity or development
pace estate) . Inadvertent errors by
•• = • - - • ding such notice
process, even if such error results in the
as owners a-nd lessees of the mineral estate on or under the parcel under consideration. Such
hearing. Such notice is not required by state statute and is provided as a courtesy to the owners
parcel. Inadvertent errors by the applicant in
t 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
5. Arrange for the Department of Planning Services to post a sign on the property under
this Article.
proposed request, the Board of County
,
Department of Planning Service -s case file, the Board of County Commissioners shall approve the
conditions set forth in the Section 1041 Regut
ate interest
,
h a decision on a permit application
within ten (1-0)- days after the completion of the permit hearing, or the permit shall be deemed
3epartmer}t Director for a Section 1041
Permit relating to a major fa-citity of a pob-l+c utd-ity, a -s such term is described in Article 111 of this Chapter,
it
submission thereof, in compliance with the requirements set forth in Section 29-20-108, C.R.S.
be generated by the proposed request upon the surrounding area, the Board of County
Page 22
Draft
dition the decision to -.. - . - - .. • ■ - .. ... -.. _. .
of such methods or techniques and may require sufficient performance guarantees, unless otherwise
provided for, to be posted with the County to guarantee such -implementation, as set forth in Section
D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that
decision will be drafted and signed. A re
in the files of the Clerk to the Board.
E. If the Section 1041 P-ermit is approved, the Board of County Commissioners shall arrange for the
Department of Planning Services to record th
and Recorder.
Sec. 21-2-320.
In cases in which the development or act*
Reserved.
Sec. 21-2-330. ,Judicial review Reserved.
Pu
°cities seeking
r facilities of a public utility, as such term is
Ill of this -Cha-pter, may also flame re-medies pursuant to the provis-ions of Sections 20-20-108 and
40-4-102, C.R.S.
Division 4 Issuance, Revocation, or Suspension of Permits
Sec. 21-2-400. Issuance of permits.
A. The ---p pted by the Board of County Commissioners. Any approved
1041 Permit shall be limited to the items included on the approved and recorded 1041 Permit Map
and governed by the development standards thereon.
B. The permit may b • • • * e term, or for a specific period of years.Building permits,
certificates of occupancy, or other permits or licenses may be withheld or conditioned upon compliance
with the approved 1041 Permit Map and installation of improvements shown thereon.
Sec. 21-2-410. Financial security.
A. An Improvements Agreement regarding on -site and/or off -site improvements in accordance with
Chapter 81 Article II, of this Code may be required as a condition of approval. Before any permit is
issued, the Board of County Commissioners may, in its discretion, require the applicant to file a
guarantee of financial security deemed adequate by the Board and payable to Weld County. If such a
financial guarantee is required, the Board shall include in its written decision findings as to the reason
for the security and the basis for the amount of security required. To the extent feasible, the Board
shall notify the applicant as soon as it concludes that it may require financial security for the project,
which notification may include the Board's position at that time on the reason for the requirement and
the amount of security under consideration, so that the applicant may speak to such matters in the
public hearing on the permit.
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Draft
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, which may include decommissioning and reclamation to restore the property to a
natural state or to a condition reasonably similar to its condition prior to the proposed development if
the 1041 Permit is revoked by the Board in accordance with this Code.
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
Article II, Improvements Agreements, of Chapter 8, Public Works, of this
Code.
Sec. 21-2-420. Rescission of approval, krevocation or suspension of permits, vacation.
A. Prior to the recording of a 1041 Permit Map, any approval of a 1041 Application or amendment to a
1041 Application may be rescinded by the Board of County Commissioners, following a public hearing,
for violation of any of the terms of this Chapter or for failure to meet any condition of approval. The
landowner shall be notified at least ten (10) days prior to the hearing.
1. Approval is not perfected and final until all conditions of approval are met and the 1041 Permit
Map is recorded in the office of the County Clerk and Recorder by the Department of Planning.
All conditions of approval shall be met within one hundred eighty (180) days of the date of
conditional approval unless another date is specified in the conditional approval. The Director of
Planning may grant a one-time extension of up to one hundred eighty (180) days upon a written
request by the applicant. If an extension expires or is not requested the Department of Planning
Services shall schedule the item for reconsideration by the Board at least ten (10) days after the
applicant is notified. The Board may rescind the conditional approval and deny the application or
extend the deadline for meeting the conditions of approval.
2. A recording continuance fee in accordance with Appendix 5-J shall be added to the recording fee
if the conditions of approval are not met by the original deadline, and shall be reassessed every
three (3) months beyond the original deadline regardless of an approved extension.
3. If the Board of County Commissioners rescinds approval, County staff shall draft a Board
resolution setting forth the determination to be recorded in the office of the County Clerk and
Recorder.
B. After recording of a 1041 Permit Map, any approval of a 1041 Application or amendment to a 1041
Application may be rescinded or temporarily suspended by the Board of County Commissioners, and
an approved and recorded 1041 Permit Map may be vacated, in whole or in part, by the Board of
County Commissioners, upon any of the following circumstances. If the Board of County
Commissioners rescinds the approval and vacates the 1041 Permit Map, County staff shall draft a
Board resolution setting forth the determination to be recorded in the office of the County Clerk and
Recorder. The resolution may require decommissioning and reclamation of the property by the
applicant.
1. Violation of any condition of approval or development standard or of any of the terms of this Code.
The process shall follow Section 2-4-40, Probable cause hearings, and, if applicable, Section 2-
4-50, Show cause and other adjudicatory-type hearings, of this Code.
2. Failure to commence construction within three (3) years from the date the 1041 Permit Map is
recorded, unless otherwise specified by the Board of County Commissioners when issuing the
Page 24
Draft
original approval. The Director of Planning may grant an extension of time. for good cause shown,
upon a written request by the landowner. Prior to vacation, a hearing shad be scheduled with the
Board of County Commissioners to provide the landowner an opportunity to request that the
application not be vacated, for good cause shown. The landowner shall be notified at least ten
(10) days prior to the hearing.
3. Upon the expiration, if any, established in the original approval.
4. Upon request of the applicant.
5. Upon recommendation from the Department of Planning when there is evidence the use approved
in the application has been discontinued for a period of three (3) consecutive years. A hearing
shall be scheduled with the Board of County Commissioners to provide the operator and/or
landowner an opportunity to request that the application not be vacated, for good cause shown.
The operator and landowner shall be notified at least ten (10) days prior to the hearing.
C. The Board of County Commissioners or its authorized representative is hereby empowered and
directed to inspect and examine the use, occupation, or development of or activity in each and every
area or activity subject to these 1041 Regulations for the purpose of determining from time to time
whether or not any use, occupation, development, or activity is in violation of any of the provisions of
these 1041 Regulations or of any permit issued or required pursuant to these or other applicable
regulations. If a violation is found to exist,_ the Board of County Commissioners or its authorized
representative shall by written order direct that such remedial action be taken forthwith as will result
in full compliance with the applicable regulations; provided, however, that the issuance of such order
shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings
as are set forth in these 1041 Regulations; and provided further, that compliance with such order shall
not necessarily be deemed to be a defense to any alleged violation of these 1041 Regulations or other
applicable regulations of Weld County or the State of Colorado.
A. In the event the Board of Co-u-nty Co-mm+ssi-oners ha -s reason to believe that tie p
temporary suspension, the` Board shall g-ive tie permit holder written notice of the specific violation
and shall allow the permit h -older a reasonable period of time to correct the violations. If the permit
�o c.er c.oes no concur - ia- : nere is a vio anion, le or s ne s is , wi- ~yin =i=-een (15) days of his or her
ion, the Board of County issioners may
manner a
1. A violation of any pr
of state interest concerned; or
eg-u
rings, and if it finds:
ation for administration of the matter
o date of the permit, or, if such steps lave been taken, the
applicant has failed to complete the development or activity with reasonable diligence.
or administrative proceedings and activities directly associated with the applicant's project. An
Page 25
Draft
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 Comm+ss+ooers upon the request
C Upon good Cause- shown by the permit hofder, any revoked -or suspended permit may be reinstated,
effective immediately upon such reinstatement, within twelve (12) months after revocation or
suspension.
B. Where the Bo -a -rd of County Commissioners i-s considering the revocation} or suspens-ioo of a permit,
the Board shall consider evidence and statements in mitigat. ion or
Bection 2 4-50(O) of this Code.
Sec. 21-2-430. Technical revisions and amendments. Annual review.
Within thirty (30) days prior to each annual anniversary date of the granting of a permit by the Board
the permittee has complied
B. The +on 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 t -he provisions of the permit or applicable regulations, it shall
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.
G Upon} notice to the Board of County Comm+ssioreers of the fulfillment of all permit conditions and the
Board's concurr I requirements.
B. The Board of C-ounty Co-mmiss
�+ng of good cause therefor.
A. Changes other than technical revisions shall be considered 1041 Permit Amendments, which shall
require an application in accordance with this Section 21-2-430 and approval by the Board of County
Commissioners following a public hearing at a regular meeting of the Board. An amended 1041 Permit
Map may be required and, once approved and recorded, replaces any prior 1041 Map for the same
area
B. Technical revisions are proposed changes to an approved and recorded 1041 Permit that the Director
of Planning determines would have minimal impacts and where the location of the proposed changes
is limited to the lots included on the approved 1041 Permit, or to public right-of-way. The Board of
County Commissioners delegates the authority to approve technical revisions to the Director of
Planning Services, who shall determine whether to notify any referral agencies or departments.
Depending on the extent of the changes proposed, the Director may require the applicant to provide
a revised 1041 Permit Map, which shall contain the signature blocks shown in Subsections A and C
of Appendix 21-C of this Code, and shall be recorded by the Department of Planning Services after
payment of the recording fee by the applicant. The Director of Planning is authorized to sign a 1041
Permit Map revised for technical revisions on behalf of the County. If the Director determines the
Page 26
Draft
proposed change does not warrant a revised map, a copy of a memo to the Board or letter to the
applicant approving the change shall be kept in the case file.
C. Applicants proposing amendments (other than technical revisions) shall submit a complete application
on a form provided by the Department of Planning Services, including the application fee per Section
21-2-210 of this chapter. Application requirements shall be the same as a new 1041 Permit, except
for any requirement waived by the Department of Planning Services upon determination such
requirement is inapplicable to the proposed change. Upon determination that the application submittal
is complete, the Department of Planning Services shall:
1. Schedule a public hearing to take place at a regular meeting of the Board of County
Commissioners 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 real property located within one thousand three hundred twenty (1,320) feet of the
boundaries of the property proposed to be physically disturbed. Such notice shall be mailed, first
class, not less than ten (10) days before the scheduled public hearing. Such notice is not recuired
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. Post a sign on the property under consideration for such permit. The sign shall be posted adjacent
to and visible from a publicly maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way, one (1) sign shall be
posted in the most prominent place on the property and a second sign posted at the point at which
the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be
posted at least ten (10) days prior to the hearing, and include the following information:
a. Permit number.
b. Date, place and time of public hearing.
c. Location and phone number of the public office where additional information may be obtained.
d. Applicant's name and address.
e. Type of request.
4. Arrange for legal notice of said hearing to be published once in a newspaper of general circulation
in the County designated by the Board of County Commissioners for publication of notices.
5. Refer the application for their review and comment to those referral agencies deemed by the
Department of Planning Services, in its sole discretion, to be appropriate to the subject matter of
the application. The failure of any agency to respond within twenty-eight (28) days may be
deemed to be a favorable response. Recommendations of referral agencies shall be considered,
but the decision whether to approve the application rests with the County.
6. Prepare staff comments for use by the Board of County Commissioners addressing all aspects of
the application, its conformance with these 1041 Regulations and any other applicable code
provision or ordinance in effect, adopted master plans of affected municipalities, sound land use
planning practices, and comments received from agencies to which the proposal was referred.
Page 27
Draft
Page 28
7. Depending on the changes proposed, the Department of Planning Services may require the
applicant to provide a revised 1041 Permit Map, which shall contain the signature blocks shown
in Subsections A and B of Appendix 21-C of this Code, and shall be recorded by the Department
of Planning Services after payment of the recording fee by the applicant.
D. Approval is not perfected and final until all conditions of approval are met and the 1041 Permit Map, if
required, is recorded in the office of the County Clerk and Recorder by the Department of Planning.
All conditions of approval shall be met within one hundred eighty (180) days of the date of conditional
approval unless another date is specified in the conditional approval. The Director of Planning may
grant a one-time extension of up to one hundred eighty (180) days upon a written request by the
applicant. If an extension expires or is not requested, the Department of Planning Services shall
schedule the item for reconsideration by the Board at least ten (10) days after the applicant is notified.
The Board may rescind the approval and deny the application or extend the deadline for meeting the
conditions of approval.
E A recording continuance fee in accordance with Appendix 5-J shall be added to the recording fee if
the conditions of approval are not met by the original deadline, and shall be reassessed every three
(3) months beyond the original deadline regardless of an approved extension.
Division 5 Reserved.
Sec. 21-2500. Enforcement and penalties.
•
Any person engaging in a development in a dr conducting a
designated activity of state i of obtain a - permit pursuant to these 1041 Regulations, who
thority of the 1041 Permit, may be
Sec. 21-2-510. Mapping disputes.
Where interpretation is needed as to the exact locatio a
areas a appears to be a conflict be
and actual field conditions, the Board of County Commissioners shall make the necessary determination
of the bounda
present a case on the subje-ct to the Board.
Sec. 21-2-520. Inspection.
A. The Board of County Commissioners or its authorized representative is hereby empowered and
area or activity subject to these Section 1-011 Regulations for the purpose of determining from time to
t
1
of these Section 1041 Reg-ulati-ons or of a-ny -pefm+t i-ssued or required pursuant to these or other
applicable regulations.
representative shall by written order direct that such remedial action be taken forthwith as will result
licable regulations; provided, however, th-a-t-the issuance of such order
Draft
order shall not necessarily be deemed to be a defense to any alleged violation of these Section 1041
•
•
• - -- - - - •
The provisions of these Section 1041 Regulations shall not app-ly to any nonconforming use,* and
then only to the -extent such use existed on ted or subjected to these Section
1041 Regulations. When such a nonconforming use shad be discontinued for six (6) months or more or a
Genformi-n-g -Gent45-0%-)-of-the
non
.. - - - - . • ... -. ure shall be deemed a new use
ll be su-bject to the pro-vi-sions of these Section 1041 Regulations. Any expansion of a
noneen-fornitrig use e fully subject to these Section 1041 Regulations, unless such expanded
nonconformi-ng use is otherwi-se exempt fro -m reg-ulation herein, as provided for in Section 21-2-20.
* For the purposes of this Section, a nonconforming use shall be defined as a use that does not
-- e of its
applicability.
ARTICLE III - Site Selection and Construction of Major Facilities of a Public
Utility
Sec. 21-3-330. Application submittal requirements.
A. In addition to the requirements in Section 21-2-240, an application for a major facility of a public utility,
as defined in Section 21-3-20, shall include a description of similar facilities in the area and the region.
B. The applicant shall provide a map (separate from the 1041 Permit Map) of the region showing the
nearest power plants, substations, and transmission lines (115 kV or greater).
C. The application narrative shall include, as applicable detailed information about the power source and
capacity, heights of proposed facilities, widths of existing or necessary easements, and any other
relevant elements of the project.
a major facility of a public utility, except for requirements which have been waived as provided in
these Section 1041 Regulations.
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.
application.
c. Nam -e, address and telephone number of th-e applica-nt, designer, e-ngneer, surveyor and
any other consultants of the applicant.
d. Date of preparation, revision box, written sc�
reap.
Page 29
Draft
shall be the entire proposed alignmer
application for tran ,T •
thousand three hundre
,
sideration at the time of the
perty owners of the project site and within one
boundaries- of the property proposed- to
ission line or pipeline projects, for which the
names and -addresses of all surface property -owners for five hun
•� • 1� �1 � 1� • 1� • ••• �• A • •�1 1 •� • ovided.
b.
The
plan
obtain a- legal right to -
The names a-nd add
n interest in any real property
subject of the application, ex
,
ent Jhown i-n the records of the
ie names anc a-ccresses o
minera
in
erest holders with an interest in any real property
below the surface, tructures for above -ground transmission lines, at
least to the extent shown in the records of the County Clerk and
ss by which
,
signed to ensure
the accuracy of such information, but sha I not require the -use of title insurance or
attorney's title opinions. The County wilt require that the last search for such information
have been updated no later than ten (10) da
submitted, and that such information be updated again no later than ten (10) days before
the pub is searing on tie app {cation.
3. Section 1041 Permit Map:
Planning Services.
hi*
The map sha
facilities), the Planning
ounty Commissioners and the Clerk to
Department.
d. Vicinity Ma -p. A vicini
Page 30
on the Use by Special Review Permit Plan
M-ip-
i. Tie exact scale of the vicinity map
ce, taking into consideration the type and size of the
proposed project, as well as the type and complexity of the information to be
mapped.
Draft
radius of the property (one thou or linear fac+4ities) proposed for the
The following information sha-II be shown on the vic+n-i
A. a) Section, township and range.
S. bl
C. c)
Outline of the perimeter of the parcel proposed for the site. {For
,
considered for the Section 1041 Permit.}
D. d) The general classifications and-cti
under corps -
classificsitians �+us# be noted- fn the leg
to linear facilities.)
,
features.
F. f) Location of all residences within a one -half -mile radius, existing and
proposed accesses to the property proposed for the facility (excepting
linear facilities), any abutting subdivision out in -es enc names. ano : �e
G. g) Any other relevant information within a one half mile distance of the
by the county to meet the intent and purpose of this chapter.
4 Plot Plan. A plot plan of the facility area shall be drawn on the Section 1041 Permit Map.
thetype .. .... - - - - . - •• - . - - _
b. The plot plan shall outline the boundaries of the
c. The plot
- - - - -- --- - - - are presently existing within a two -hundred -foot radius of the boundaries of the Section}
1041 Permit area as we as within tie area i.se f; it shall also include the -proposed
features and structures of the facility (same of the following may not be applicable to linear
facilities):
i. All public rights -of -way of record-, inclu-ling names.
ii. All existing and proposed structures.
Page 31
ael-kas
,
lines.
iv. Irrigation ditches.
v. Adjacent property lines and respect+ve owners' names (may be shown on vicinity
map instead).
vi. All hydrographic features including streams, rivers, ponds and reservoirs (including
names).
Draft
de -r-4
of contour int
sec necessary by
viii. _oca-ion o- areas o- moc,era:e or sever
Resou I y and study prepared by a soils
engineer o -r scientist for the uses and associated structures proposed for the parcel.
ix. Location and des
linear facilities}.
linear facility
xi. Location, amount, size and type of
or other screening. (Linear facilities shall provide information regarding revegetation
,and reclamation.)
Department, the PI
the policies of Cr
ordinance in effect.
5. ormation:
a. Description of the present use and zoning.
b. A sketch or map showing the following:
i. If a power plant is proposed, the area w-ithin ten (10) miles from the site.
++. For transmission lines or pipelines, provide a map showing al
lines (115 kV or greater) for a distance of two (2) miles beyond any reasonable
alternative studied.
ly required by the Planning
all existing transmission lines
e ( 1 ) mile on either side of the
proposed alignment.
d for all other major fae+lities of a {aubl c utility, provide a sketch showing the area within five
(5) miles of the si
ii. Power source and generating ca-pacity.
iii. The functions and sizes of substations.
iv. For pipeline projects, the diameters a-nd lengths of pipelines.
✓ . The capacities of the storage tanks and types of petroleum derivative to be stored.
vi. Corridor lotions.
✓ ii. Service area.
✓ iii Resource area (e.g., source of power being generated or transmitted, source of
petr-o eum derivative being transported).
Page 32
Draft
ix. Describe applicable support facilities (e.g., pollution control, parking areas,
landscaping, etc.) to be provided.
f Projected development schedule:
I. Estimate maximum number of employees, number of shifts and emplo-yees per shift
ii. Specify any future phoo
iii. Specify tim-etable for planning (e.g., federal permits, other state permits, local zoning,
etc+
g�
facility.
Hazards and emergency procedures:
i. Describe -hazards, if any, of fire, explosion and other dangers to the health, safety
ees-and the general public.
Descri
,
materials used at or ac
e and co-ntamination due to
Describe emergency procedures to be used in the event of fire, explosion or other
iv. Describe any pre
hazards.
h. Name, addres
Name and addr��� ^f
Permit, if different from above.
j. Legal description of the property under consideration.
k. Total acreag
affected by development,
reduce danger due to such natural
r of the applicants.
,
rn Existing land uses of all properties adjacent to said parcel, right -of way or corridor.
a. Present zone and ove
6. Summarization of major natural and socioecc
d legal agent.
struction upon the natural
resources and upon vested water rigl-ts.
pm-ent of the impact area.
g. A
pesaive impacts of the proposed site selecti-on and construction.
Page 33
Draft
10. Analysis of -nonstructural 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.
1-1. Anal
routes, - -
routes, alternative types of facilit.
13. Analysis of design alternati
forth.
14. Submission of a proposed form of development agreement to meet costs of affected political
to serve the proposed project.
15. Analysis of hydrologic, atmospheri-c, geologic, pedologic, biotic, visual and noise impacts.
of the Decommissioning Plan.
t
requesting the applicant to provide additional informs
hall not preclude the Board from
the applicant so requests.
Specifi-c submittal requirements. Thes on the applicant
by the Planning Department, in such De-partment's sole discretion, if the Planning Department
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 foil
pacts on the County residents or lands.
1. Detailed description of the need for the proposed development or activity, including but �}ot
limited to:
a.
at full capacity.
b. _
c. The percentag
d. The relationship of the propos
improvements programs.
e. A -description of wh-y c e and n-ec-e-ssi-ty require a facility of the size and
nature proposed.
ulation to be served
to be served by the proposal.
at which the current system is now operating.
of a simi ar nature, otter communication or energy generation and transmission facilities,
local gov
Environmental irnpact analysis.
Page 34
improvement programs and special district expansion programs.
Draft
a. Land use:
Describe the relationship of the project to local land use, policies and comprehensive
pfa-ns--ate icies and pta-n-s adapted or under preparation by federal, state,
regional or of agencies.
ii. Detail the a=
classification -}-
iii. Specify how the propos
- -
i. A map showing each existing major facility of a public utility within the County of the
type proposed for development:
c. Water resources:
dependent upon the -water resources in question.
d. Significant environme
e
ent or actin
-
ore:
H. a) Marshlands and wetlands.
I. b) Groundwater recharge areas, if applicable.
J. c) Potential natural hazards.
K. d) Forests and woodlands.
L. e) Critical wildlife habitat.
M. f) Public outdoor recreation areas.
n be viewed from and its proximity to
on or
obnoxious
ii. Where significant, map or des-cri-be area within view of project.
Describe propo-sed mitigation strategy.
Transportation impacts:
i. Describe w- ... • - .... - ... • ... . • • - .
intended to be served or affected b -y the proposal.
ii. Describe the potential impact o -n rows within the County.
Identify improvem-e-nts required to any roads within the County in order to serve the
project adequately.
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Less damaging alternatives:
i. If the Planning Department determines that the nature or extent of the proposal
of specific, less environmentally damaging alternatives, the Planning Department
to, information on t
3. Applicants seeking a permit for theme---t--+---------�------__-__+_________--________.on lines or
nd information:
a. Computer modeled electromagnetic field measurements within the proposed transmission
line easement for that portion of transmission line between substations or transition sites;
pest to planning,
Ines, which may be those steps taken to
comply with the Colorado Public Utilities Commission's Rule 18(1), or similar authority, for
uthority is applicable.
D. Waiv-er of submittal reguirem
Department, as provided in these Section 1-044 Regulations.
ARTICLE IV -
.
.
•
3
•
.
■
.
•
■ w ■
•
Transit and Rapid, Transit Terminals, Stations and Fixed
GuidewaysReserved.
ARTICLE VII - Site Selection and Construction of 1041 Solar Energy Facilities
(as Major Facilities of a Public Utility)
Sec. 21-7-330. Application submittal requirements.
A. In addition to the requirements in Section 21-2-240, an application fora 1041 SEF, as defined in
Section 21-7-20, shall include a description of similar facilities in the area and the region. The applicant
shall provide a map (separate from the 1041 Permit Map) showing the area within five (5) miles of the
Improved Area and indicating any existing and approved SEFs, as well as the location of any SEFs
in the permitting process. The map shall also include transmission lines (115kV or greater),
substations, and other major facilities of public utilities.
B. The 1041 Permit Map provided shall indicate the location of all residences within one thousand three
hundred twenty (1,320) feet of the boundary of the Improved Area and the approximate distance
between each residence and the boundary. The map shall also show any existing and proposed
landscaping. fences, or other screening between the residences and the Improved Area.
C. The application narrative shall include, as applicable, detailed information about the generating
capacity of the proposed facility, maximum height of proposed structures, and any proposed battery
storage, overhead electrical lines, or substations associated with the project. The narrative shall also
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of -way, re
address weed management measures, any grazing or other agricultural uses, landscaping and
revegetation, and any other visual mitigation to be performed.
A. These application submittal requirements shall apply to all applications for a development permit for
SEF, except for requirements which have been waived as provided in these 1041 SEF
Regulations.
,
a bte-
require-rents include:
a. The name of the proposed 1041 SEF and the total number of acres under cons+derat-i$n-
should = -
applicatio-n.
d. The date of preparation, revision box, written scale, graphic scale and north arrow for each
map
a. The names and addresses of all surface property owners of the project site and of the
surface properties lying within one thousand (1,000) feet of the boundaries of the property
proposed to contain the Improved Area.
a legal right to- su-ch a -cress, i-ncl din copies of any access or right --of way
agreements which have been entered into by the dare of the application for such access.
�. The names a -n -d addresses of persons or entities with an interest in anyaoperty
proposed to be physically disturbed or crossed by the 1041 SEF, excluding mineral interests
liens, easements, contract rights, rights -
t to the extent shown in the
records of the Cou-nty Clerk and Recorder or of which knowledge.
3. 1041 S-EF Perm -it flap:
a. The map shall be- delineated on reproducible material approved by the Department of
Planning Services.
b. The pensions of the map mall be thirty-six (36) inches wide by twenty-four (24) inches
114-9-117
c. The map shall inclu-de certificates for the pro-perty owner's signature (excepti-ng linear
facilities), the Planning Commission, the Board of County Commissioners and the Clerk to
the Board. The required content of the certificates is available from the Department of
Plann+ng Services.
the type and complexity of the information to be rr+apped.
e. The map shall deli-neate aN of the required i-nformation -wit-h+n a ore thousand (1,000) -foot
radius of the proposed Improved Area.
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i. Section, township and range.
ii. Scale and north grow.
Outline of the perimeter of the proposed Improved Area.
iv. The general cla
legend.
The locatio-ns and
oted in the
vi. The location of all existing residences ,and platted lots within a one thousand (1,000)
foot radius of the proposed 1041 SEF, existing and proposed accesses to the property,
vii. Any other relevant information within a one -half -mile distance of the perimeter of the
proposed 1041 SEF as may be reasonably required by the county to meet the intent
and purpose of this chapter.
I. Plot Plan. A plot plan of th-e proposed 1011 S-EF shall be d-ra-wn on the 1041 S-EF Permit Map.
a. The exact scale of the plot plan shall be determined at the time of the pre -application
ize of the proposed project, as well as
the type and complexity of the information to be mapped.
la. 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
,are presently existing within a two hundred (200) foot radius of the boundaries of the 1041
o include the proposed features and
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i. y of record, including names
ii. All existing structures.
Allutilityn���monf� nr
iv. Irrigation ditches.
v. Adjacenpe+p�
instead).
vi. All hydrogra-phic features i�cfud-ing streams, rivers, ponds -and reservoirs (including
names).
by the Department of Plan-n+r►g Services. (Linear facilities shall include appropriate
topographic data derived from USGS ma-ps or an ec}uivalen₹ da#abase.)
engineer of scientist for the o -se -s an -d associated structures proposed for the parcel.
ix. Location and desi� of storm wafer m en# de -v -ice -s or structure -s (excepting
linear facilities).
(excepting linear facilities).
Draft
xi. Location, amount, size and type of any proposed v
xiii. Such additional information as may be reasona-bly required by the Department of
Planning Services, the P r the Board of Cou
in order to determine that the application meets the req-u-irem-ents of fh4s Cad
#- : = - - = _ - - : - - _ = = - - - : - - : ther applicable Code provision or
ordinance in effect.
5. The following items an-dinformation:
a. Description of the present -use and zoning.
G. _
proposed 1041 SEF.
ii. All existing or approved solar facilities lying within the five (5) mile radius.
The proposed haul rout
from the solar facie
i- The voltage -s a-nd ler the of transmission lines leed+ng- out of the proposed x-041 SEF.
ii. Generating - . • y of the proposed 1041- SEF.
iii. The location, functions and sizes of battery storage or substations associated with Lie
proposed 1041 SEF.
iv. Applicable support facilities (e.g., tempora
vis
d. Projected development schedule:
i. Estimate maximum number of employees, number of shifts and employees per shift
during the construction, operation and maintenance phases of the project.
7 r.... .... .� .... �......7
++. Specify any future phases or exten-sions of the 1041 SEF and relationship of the -facility
nd plans.
Specify -timetable for planning (e.g., federal permits, other state permits, local zoning,
etc-}:
iv. Estimate beginning a-nd -completio-n of con-struction and begi-nning of operation of
facility.
v _
e. Hazards and emergency procedures:
I. Describe hazard, if ar}y, of fire, explosion and other dangers to the health, safety and
welfare of employees and the general public.
Describe emergency procedure -s t -o be used in the event of fire, explosion or other
even
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iv. Describe an
and describe mitigating measures to be taken to reduce danger due to such natural
hazards.
f. Name(s), add
g. Name and address of the fee owners of the property proposed for the 1441 SEF, if different
from above.
IR- Legal description of the property under consideration.
i. Total acreage of the parcel under consideration.
j. Existing land use of the parcel- under consideration.
l4. Existing land uses of all propertie-s adjacent to said parcel.
--Present zone and overlay districts.
m Signatures of the applica-nt and fee owners or their authorized legal agent.
site selection and construction of the proposed 1041 SEF.
7. Summarization of the effects of the proposed site selecti-on and construction upon the natural
8
Included should be an analysis of imps
resources and upon vested water rights -
d agricultural
socioeconomic development of the impact ar
9. A description of a pr
positive impacts of the proposed site selection and construction.
until
11. Analysis of hydrologic, geofogic, pedolog-ic, biotic, visual and noise impacts.
report shall be provided for review by the weld County D-epartment of Public works pursuant to
the requirements of Chapter 8, Article XI of this Code. Prior to applying for a Grading Permit, a
from impervious surface calcutat+o-n-s if the soil_ under the collectors is not compacted and
mitigated.
bey
1041 SEF location is located within a Special Flood Hazard Area identified by maps officiary
adopted by Weld County, a Flood Hazard Development Permit (FHDP) is required prior to a
building permit. The FHDP is issued by the Weld County Department of Planning Services
pursuant to Article XI of Chapter 23 of this Code.)
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15. A Decommissioning/Reclamation Plan. A Decomm n Plan shall be provided
ill be signed- by the party responsible for
at -the -time of 1011 SEF a
a. _
ion shall commence within twelve (12) months after power
b. All non utility owned equipment, conduits, structures, fencing, and foundations to a depth of
at least three (3) feet below grade shall be removed.
c. All fences, graveled areas and access roads shall be removed unless -a
ich the property owner agrees for this to
remain.
d. Property shall be restored to a condition reasonably similar to its condition prior to
f. De
fro -m the establishment and submittal of the Security, shall inc
the dismantlement, recycling, and safe disposal of facility components and site reclamation
activities, including the following elements:
i. A
,
all facility components from the facility site;
plated every five (5) years
-with-the removal of
ii. All costs assock tec wi- i rec ama-ion o=aci ity site, including removal of non-
native soils, fence -s, a-nd constructed access roads;
All -costs as-s-oc+ated with rec he facility site
to ensure each area of direct impact shall be materially similar to the cond+t+e-n--it was
before construction;
iv. All decommissioning/reclamation activity management, site supervision, site safety
costs;
tive costs-, associated with the decommissioning
vi. The estimated date of submission} of the Security-t-o--Wel-------un -
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Security in an amount sufficient to fund the esti
required by this Code. The Security -shall:
tie -letter of credit;
ii. Be issued by an A -rated financial institution based upon a rating provided by S&P,
Moody's, Fitch, AM Best, or other ra#+ng agency with similar credentials;
iv. Be "bankruptcy remote", meaning the Security will be unaffected by the bankruptcy of
the 1041 SEF operator.
Weld County, in its sole
,
f Security such as,
but not limited to: bands, letters of credit, or other securities, if it finds that such alternative
forms will provide a -n assura-nce of the availability of financial resources for
Draft
decommissioning/reclamation that equals or exceeds that provided b -y the form required
herein.
h. Access to decommissioning/reclamation fond. Weld County shall have the right to d -raw
upon the irrevocable standby letter of credit, or other form of financial security, to pay for
he event that the holder has not commenced
.vities within ninety (90-) days of the Board of County
16. Any other information required by the Board of County Commissioners or the Department of
Planning services and communicated to the app
-applicant so requests. Such
ocal land use, policies and comprehensive plans and to
b. The agricultural product' he proposal (soils
classification).
V H • • • • • • • • • • • • • • • • • •
associated distribution or collector networks.
d. The potential adverse effects of the proposal upon plant and animal life dependent upon
f
governments.
Submission of a wild
importance by local, state, or federal
h. Transportation construction impacts.-
-- Describe what impacts construction of the project will have upon trans-portation
'i. Describe the potenti-al con-stru-ction impact on roads within the County.
Identify improvements req-ui-red to any roads within the County in order to serve the
project adequately.
A haul route map and agreement to mitigate con
_ess damaging alternatives:
i. if the Department of Planning Services determines that the nature or extent of the
14 _
cpecific, less environmentally damaging alternatives, the Department of Planning
Services may request that the Board of County Commissioners require the applicant
in relationship to the propo-sal presented.
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P-res
controls and so forth.
Waiver of s-obrn-i
stectura-1
re. .
as wa-rranted depending upon the circumstances as determined by the Director
of Planning Services.
APPENDIX 21-C - 1041 Map Certification Blocks
A. Applicant certification.
The undersigned agent(s) for the applicant(s) do(es) hereby agree to construct the improvements as
shown on the map hereon, including but not limited to any required mitigation measures, and to comply
with the applicable requirements of the Weld County Code and this 1041 Map and the development
standards hereon. I/we acknowledge that failure to maintain compliance with Weld County Code and
the 1041 Map could result in suspension or rescission of the 1041 Permit by the Board of County
Commissioners in accordance with Chapter 21 of the Weld County Code, as well as withholding of
building permits or other enforcement measures.
Signature of applicant/agent
State of
County of
Printed name Title
The foregoing instrument was acknowledged before me by
on this
[insert name of applicant/agentl
day of , 20
Witness my hand and seal.
My commission expires
Notary Pubic
B. Board of County Commissioners certification.
This is to certify the Board of County Commissioners of Weld County, Colorado, does hereby approve
this 1041 Map this day of , 20
Chair, Board of County Commissioners
ATTEST:
Weld County Clerk to the Board
By:
Deputy Clerk to the Board Date
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C. Director of Planning Services certification for technical revisions
I hereby approve the technical revisions shown hereon this day of , 20
Signature Date
State of Colorado)
) SS
County of Weld)
The foregoing instrument was acknowledged before me by on this
day of , 20
Witness my hand and seal.
My commission expires
Notary Pubic
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