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HomeMy WebLinkAbout20251369.tiffNotice of Final Reading of Ordinance of Ceurrty Commissioners, located within the Weltl County stration Building, 1150 O Street, Greeley, Colorado 80631, m Me hours of 8:00 a.m. and 5:00 p m., Monday thru Fri- day, or maayy be accessed through the Weld County website (www.wela.gov)). Email messages sent to an individual Commis- swner may not ie included in the case file. To eroure ine vaisi: ooplr�1rto ®cadence Into the case toe, Please send a Ordiiuoce Na 2025-07 Ordinance Title: in the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration, and Chapter 21 Areas and Activities of State interest of the Weld County Code ifetRiti Gate025 5, in the Greeley Tribune - 2120294 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Agent . being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune Is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Jun 20.2025 Subscribed and sworn tope before me this day of JUN, 2DiG (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: Ad Number: Fee: 1099690 2120294 514.50 Notice of Final Reading of Ordinance Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025-07 was introduced on first reading on May 19, 2025, and a public hearing and second reading was held on June 2, 2025. A public hearing and final reading was completed on June 16, 2025, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. The effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesickaweld.gov. Ordinance No. 2025-07 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration, and Chapter 21 Areas and Activities of State Interest of the Weld County Code Effective Date: June 25, 2025 Board of County Commissioners Weld County, Colorado Dated: June 18, 2025 Published: June 20, 2025, in the Greeley Tribune Notice of Second Reading of Ordinance Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025-07 was introduced on first reading on May 19, 2025, and a public hearing and second reading was held on June 2, 2025, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 16, 2025. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225 prior to the day of the hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick(c�weld.gov. Ordinance No. 2025-07 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration, and Chapter 21 Areas and Activities of State Interest of the Weld County Code Date of Next Reading: June 16, 2025, at 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: June 4, 2025 Published: June 6, 2025, in the Greeley Tribune Changes Made to Code Ordinance 2025-07 on Second Reading Amend Sec. 21-1-20. Purpose and findings, to read as follows: A. Purpose and intent. The purpose and intent of the 1041 Regulations is to facilitate identification, designation, and administration of matters of state interest consistent with the statutory requirements and criteria set forth in C.R.S. §§ 24-65.1-101, et seq. Amend Sec. 21-1-60. Relationship of 1041 Regulations to other county, state, and federal requirements, to read as follows: aoas-13 9 A. through D. — No change. E. With the exception stated in Section 23-2-200 of this Code, 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, intergovernmental agreement, building codes, on -site wastewater treatment system, and Comprehensive Plan portions of this Code. Amend Sec. 21-1-70. Duties of Board of County Commissioners, 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, Ill, 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. Amend Sec. 21-2-420. Rescission of approval, revocation or suspension of permits, vacation, to read as follows: 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. and 2. — No change. 3. If the Board of County Commissioners rescinds approval, County staff shall draft a Board resolution setting forth the determination. the Boa ing, 115 persons nance a in special ate in ice at C An gb A i this ma Orlin Orlin Amen and A Date r Board abilities Act, if you to particl- he Board's Of - Pa Published: June 6, 2025, in the Greeley Tribune - 2118219 lease lyggiceprEVA'71' Reenacting,withhapter 21 Areasty Code Changes Made to Code Ordinance 202.07 on Second Reading EgferiMilfifIgigt-1.20. Purpose arM ftndings, to read as follows:and intent. The purpose andd intent of the 1041 Reg - facilitate identif"rcatton, designation, and adminis- tters of state interest consistent with the statutory and criteria set forth in C.R.S. §§ 24.65.1.101, et seq. Amend Sec. 21-1.60. Relationship of 1041 ReguWttons to other county,state,andfederalre itel, rns,to read asfo0ows A. through D. - No change. E. limitation. developmer codes, on Comprehen ErceEifttartF8,inuansfiFon statednSectionionsare inadditions of the County. The regulations of the County, including, without unit din angel Amend Sec. 21-1-70. Duties of Board of County Commissioners, to read as foibnvs: Unless otherwise specificaliyprovided for, it shall be the du- ty of the Board of County Commissioners to pertorm ail, of the 1. and 2. - No change. If the Board of County Commissioners rescinds aDProval, County staff shall draft a Board resolution setting forth the determination. Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Aaent , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Subscribed ubd and sworn t�e before me this= day of U'y1�1/X/!,i (SEAL) Jun 6.2025 SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: Ad Number: Fee: 1099690 2118219 $43.00 Notice of First Reading of Ordinance Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025-07 published below, was introduced and, on motion duly made and seconded, approved upon first reading on May 19, 2025. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 2, 2025. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225 prior to the day of the hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesickAweld.gov. Ordinance No. 2025-07 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration, and Chapter 21 Areas and Activities of State Interest of the Weld County Code Date of Next Reading: June 2, 2025, at 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: May 21, 2025 Published: May 23, 2025, in the Greeley Tribune ao,zs-/369 Ordinance Language: Weld County Code Ordinance 2025-07 In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration, and Chapter 21 Areas and Activities of State Interest of the Weld County Code Be it ordained by the Board of County Commissioners of the County of Weld, State of Colorado: Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and Whereas, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. Now, therefore, be it ordained by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. Chapter 2 Administration Amend Sec. 2-3-10. Previously denied applications for land use matters. A. — No change. B. For purposes of this section, land use application includes applications for any 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 change. Chapter 21 Areas and Activities of State Interest Article I - Administrative Regulations Division 1 - Introductory and General Provisions Amend Sec. 21-1-20. Purpose and findings. A. Purpose and intent. The purpose and intent of the 1041 Regulations is to facilitate identification, designation and administration of matters of state interest consistent with the statutory requirements and criteria set forth in C.R.S. §§ 24-65.1-101, et seq. Remainder of Section — No change. Amend Sec. 21-1-30. Legal authority. The 1041 Regulations are authorized by and through the Colorado Areas and Activities of State Interest Act ("AASIA"), 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 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. Amend Sec. 21-1-40. Applicability. 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%) 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. 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. Amend Sec. 21-1-50. Reserved Amend 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. With the exception stated in Section 23-2-200 of this Code, 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, 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. Amend Sec. 21-1-70. Duties of Board of County Commissioners. 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. Amend 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. §§ 24-65.1-401, et seq., and specified in this Article I as carried out by the Board of County Commissioners. Remainder of Section — No change. Division 2 — Designation of Matter of State Interest Amend Sec. 21-1-220. Notice of public hearing, mailing list, publication. A. The Clerk to the Board shall prepare a notice of the designation hearing which shall include: 1. through 4. — No change. B. The Board of County Commissioners shall maintain a mailing list of the names of those persons requesting of the Clerk of the Board of County Commissioners that their names and addresses be placed on the list and paying to the Clerk an annual fee of twenty dollars ($20.00) to cover the costs of production, handling and mailing of notices of all such hearings, pursuant to C.R.S. §§ 24-65.1-404(2)(b) and 24-65.1-501(2)(c). In order to have a name and address retained on said mailing list, such persons shall resubmit their 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.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 Director of Planning Services. Remainder of Section - No change. Amend Sec. 21-1-230. Matters to be considered at designation hearing. At the public hearings on designation, 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. — No change. B. The matters and considerations set forth in any applicable guidelines for designation issued by applicable state agencies. C. through E. — No change. F. The applicable criteria for administration of the proposed area or activity as set forth in these regulations and C.R.S. §§ 24-65.1-201, et seq. G. The legislative declarations stated in C.R.S. §§ 24-65-102, 24-65.1-101, and 29-20-102. H. The Comprehensive Plan set forth in Chapter 22 of this Code or any municipal master or comprehensive plan adopted as part of, pertaining to, or affected by the area or activity under consideration. Amend Sec. 21-1-240. Conduct of designation hearing. A. At the public hearing on designation, the Board of County Commissioners shall receive into the public record: 1. and 2. — No change. Delete 3. B. and C. — No change. D. No additional public input, either oral or written, shall be accepted for the record after the hearing is closed, except as specifically permitted by the Board. Amend Sec. 21-1-250. Reserved. Amend 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. §§ 24-65.1-101, et seq., is rejected, the Board of County Commissioners may regulate the matter under any other available land use control authority, or it may reject the regulation of the matter entirely. B. — No change. 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 to designate such matter by resolution and adopt regulations for the administration thereof by ordinance. D. Each designation 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. — No change. 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. Such regulations shall be considered the "guidelines" referred to in C.R.S. §§ 24-65.1-101, et seq. Amend Sec. 21-1-290. Effect of designation - moratorium until final determination. After a matter of state interest is designated pursuant hereto, no person shall engage in development in such area and no such activity shall be conducted until the designation and regulations for such area or activity are finally determined as required by C. R.S. § 24-65.1-404(4). Amend Sec. 21-1-300. Mapping disputes. Where interpretation is needed as to the exact location of the boundary of any area designated for areas and activities of state interest, and where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of County Commissioners shall make the necessary determination of the boundary. Any person contesting the location of the boundary shall be given an opportunity to present a case on the subject to the Board. 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. Amend Sec. 21-2-10. Permits required after designation. 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 apply 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 I, 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. 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. 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 subject to such other criminal or civil liability as may be prescribed by law. Amend Sec. 21-2-20. Reserved. Amend Sec. 21-2-30. Reserved. Division 2 — Permit Application Amend Sec. 21-2-200. 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. 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 subject 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 adjacent 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. 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. 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. 5. 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. 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 recreational 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. c. Describe any flood or geologic hazards within or near the project. d. Describe any prevalent 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 planning (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 loosened (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 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. 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. Amend 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. 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 are not refundable. Amend Sec. 21-2-220. Consultants. 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. Amend Sec. 21-2-230. Waiver of submittal requirements. The Planning Department may waive any part of the submittal requirements, other than fees, deemed irrelevant to the decision on the application, or determined to have been addressed satisfactorily by another agency or department with proper jurisdiction. Amend Sec. 21-2-240. 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). Sec. 21-2-250. Reserved. Sec. 21-2-260. Duties of Department of Planning Services. A. The Department of Planning Services shall be responsible for processing all applications for permits pursuant to these 1041 Regulations. 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 a written 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 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 Amend Sec. 21-2-300. Permit hearing before Planning Commission. A. The Planning Commission shall hold a hearing and provide a recommendation to the Board of County Commissioners concerning the disposition of the request. The Planning Commission shall recommend approval of 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 designation. The burden of proof shall be upon the applicant to show compliance with such standards or conditions. B. — No change. Amend 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 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. F. 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. Amend Sec. 21-2-320. Reserved. Amend Sec. 21-2-330. Reserved. Division 4 — Issuance, Revocation, or Suspension of Permits Amend Sec. 21-2-400. Issuance of permits. A. 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. 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. Amend Sec. 21-2-410. Financial security. A. An Improvements Agreement regarding on -site and/or off -site improvements, in accordance with Chapter 8, 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. 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 Article II, Improvements Agreements, of Chapter 8, Public Works, of this Code. Amend Sec. 21-2-420. Rescission of approval, revocation 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 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 shall 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. Amend Sec. 21-2-430. Technical revisions and amendments. 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 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 required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 3. 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. 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 Services 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. 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. Article IV - Reserved 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 for a 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 address weed management measures, any grazing or other agricultural uses, landscaping and revegetation, and any other visual mitigation to be performed. Add 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 Printed name Title State of ) County of ) SS ) The foregoing instrument was acknowledged before me by [insert name of applicant/agent] on this 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 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 Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. Be it further ordained by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. 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PermH hudrp belare PUmning mmmmdon. emmmaW approval DI Ne request M tlw 1041 PomIH mly it tl finds Nat Vre apakant naz met the relmWareB«mMilmm sal rorUl In the foal mWmUapgovembg tlb arc aafiviry o1 ebb kmml El: the epplkelbn, u set IwN m Nn Clppter, applkabm b each sutll area a activity a OazgMfien.11p dadx a land sell be upon the app«anl b show mmplbnte with 9urll saMares a mndlfiare. B. -Nor OA. pmab 2x.21 -x•318. P.rmnneainp before mars d county mmmkdxaa. The rd: a Coate 0=I5 mrere shat hob a pxx hearing m mmMer ine apalcattm and to take firel atlan Inaem. A. The eoad MNlmreba therec«nm«kalbnathe Pbnning CanmlBam. me bcb Dresentetl at Up pub: heemq, orb the bmlmelion mMalmd b the otlkia remm. whkn imalms tlp OeuMiad 01 Ww,im Servkx'smN roVM am rttammmWtlm. B, ibe Bmro 5hal ap0lue Ilse feque9l la the 1041 Permit onty ii it IIMs ma Vro apalcanl has met Uledandarm « mMlimaz:t IoMIn Un1041 Reg10Fii toareaor :05 date inbrest blwhnd k tice apakagm. az set lath in tlm pbPbr. applkabb m date such area a aeviry d aedelamn. Tip Damn d Droll span be upon the aDglcanl b dpw mmplbaw wdm auto slaWade a mMHknA C. Tx Beam shah manna Oamimaapermlt applkatidn mthN bn(1%my5 alter Uptanplelkn Olibheakg.A record d suet abm aW amp d medgrea Barad romlutkn Mal be keptm me fibs dl the Cork m Ina BoarO. 1• re edara snaN make wdtbn'',=====.1,07.7,:, ===',=7"'"°' 2. Te 8oad 5eN ax OM.In wntilM,maudl slkh raquOarerltaW mnditlx i9 necnssibbtl by Ne Propaetl prolat 3. NI wM findings ON be Ms.m mateda In the edminlstrafive raatl. F. ApMaul maybelsdp0 mran mmfNn lam,aM ran wfih meloW,«laapai0dd tlmeaz Spafixttthe laoFlben11=sbtMoNawiseintlp BoaW9 variation,tpllrm'91013I041 AV roro wlm theIBM,and meappllCanl'saseigls Malbeband byte same mnddknsand aerei Pmmt sbndam u the applicant I Stall ham me Deparolpni of PmnMrg Servku a Ie Cbrk m tlp Bead's office app«aM a copy dl the mndfilwp a approval, ap (7101 wnidl with a wbmitlal df 1 Poanil Map mr raadlM In ibe oNm of the Camq Clerk and Rummer by me lining Savku, an0 payment of the retailing fu by Ina apPlkani. Anlentl Sx. 21-2-320. Px«vx. Oiridon/-muaneq PwmaOon, ar SusPanabnaPomw 8. kepere smU mmmmb Mau Oyibe Boarodcamh Canmi9soners a]tlre6sng all aspttb of Amwtl mc. ZI.2-IOO.luuamx a permlk. Neappllcatim, itsmnlamarrce wIN Nax 1041 PapulaUwsanE anydlmrapDlkabb mtle provlebn w may ukerm tedullul expedke A MYappawtl 1011 PemHl ahaN:Zedto the Hemninclumtl an Up apprareo and randatl aEinarcelnell Y, a00pmEmaeWpWnPlaUecteomWtipelitiee,eautl Wxl use Dlannaq Prazbces." utru«vu tlp dpmbengapa arty 109/PamH Map and ltaamM by Updevelopmanl dandaWS Ulaeon. aMmmmmbretdwtlfmm ageaie4bwhim the pOpOsalwaz mbrM. SeWas Oepa,menl iM'a enpepemenl, to B. Blildinp pwmib, certlbutaz a acmlpamy, a aha pamm a liml6an maY be wNeM a 7. DepeMnq m the c1M,9u prop eBUmamtl ms of me rand,, upon mmpllanm we the apRowtl t041 Pealit Map antl insWlebpo a Improremum appkanl m provitle a raWsOd 1041 Po p«ul shallbegben span ihaean. Su04ecUanp and BaApperWx 2lCd be mreimrM ry NB pmrW 6ee.21-2110. Frlrldal eecuri". SaMmS and paymall d the nkpEr9 0. M Imprwemenn ApreemeM regamNq m-dn antra oil -Ella Improwmmb, In anmrdanu 0. ApIroM k Irol pen IYa a 6u0mH1ai regWmmeme. with Gppbr B. Ankle It of mb Cotle, meY be requtrM az a mndltlon d a .E. Before an/ partnil pipe, ll fegWrM, b rem I7, 4 anY pal d Ule aubmitla regdremub, Ma Ivan fees. memed is bell0d. tlp Boare a Canty Commbsapro mry, M HB dmaetlm. IegrPre Ub aPgkani m flm 0 flannbq. All mrNmre P n the applkwon, a mbrmmM m new oven aMrass9etl utlsbclaily M w tit rMn aaoarludsaceon. Nu mD. zt-2•zee. Buda d D.paWmem of Rannmg serr A le Oepabnall d PlaHl'eM Servkee Mw be ro pelmii9 puRMnl ro mew 1011 mgubHme Upon recd{ Servkw ehal mm upon Un epplkallm Ne mb a II aubmmd, tlp DapaWmenl d PlanNnp 3ervkea SIpN tll subnitW b mlNdaed hlminpkb. the apgkantMM IX D nop me OepaM�anl al Raminp Senkaz maY mqulre Ure lap, whlM snail mmein le sgremro bbchs sawn In Me.md spn be rKIXmOby tlp OmaMpnlot Pbnnlnp el me 1041 PamH s s QepMl of Ithele derail I flreMml gwreMee shah be ro assure mai the applkenl or pemdtlu M¢U E. A remrebg pvpn, ke ba In acmrmllce with AppeMM 5-J MMI be atltlM to ibe recOfdmg be leilhlully Pa1alm w requlremenb pl tlp pwmH w aP0Nca0b repummre adapbtl ry Up Bead d II Nor mnOiNou dl approval am nor rail br Hp aigMBl Oudliw, and anal be rwssesutl every IMu arming al appfica0on9 mr Cady COmmiuiaws, ankh mry kMWe decanmbsmkgaM redarnaUmmreslore tlp plopedY to 131 maWp beyond tlla aipkW matlnna regaalazsaanaVVwwd exmnam. a rraeasmeama mn0i0on'I'M yai Tamib �Uon prbrm tlla aapOsw tlevdupmdH ll I, me Oeparbnml a PWnkp C".1" 6 -Reserve. in lwuty-dphl 128) tlaye of '1°41— k rovoketl by Up BUW k acmroanre aim ih'p Catle. eu«ninal n mmDbte. 11 Vn C. MY rmubement for a Nplkla quarardu snail be apafie' E In ine wrltMn oecldm d Ina Bmrd �cle 111 -Site $dscDon and Con6lruetlon a Melw Paeilltlae d a Publk IlBlity m tln pmM appgnatlon. San fuamW Npromee Mel be mak m mldpmance with NUae tl, See. 21-3-270. Applkatlal wbnHW rpuk4menb. ImpnwemanbApreNnade.d Chapcer B,PWlk Wort,dtlYa Coal. A In eMibonbpb requilelnenb in Salim 21-2.210.an applkatldn l«amejw kdNrydapuak pmwtl Bee 21-2-420. ReaJuion d epproul, reracelion er 8uapeMion d permlm, veeatlon. W2HY. u mfinetl in Sectlon 21-3.20, Mal ndum a OeBcdpmn al Simlmf mnlllllu in me azee aW the A RI roN rec«dmpa 011 Perm leap Id 1041 ApakalbnaemeMmanlm region' a tat mtlowoq PmNC tparuq. g, ran Mowing muM Ills aDPNmm and refs the apakalron ror rercew and mmmenl m Dme refwra agercies deemed, ry Ne Oepardnenl of Ranning5arkes, In Ib sde tllsnremn, b be eORopdale to the suryect maser of Iheapplkalbn. /. SMUM arty agalC/Npoualee far aunt review, metr MB shallbe pad by Hie epakanimmter Nan Ne deb Dire RauNp CammlBam Aumg m tln applkatlo0. Tip lib /e mmm a e at ,any appmw a MOuralm, mry be rexbWed OY the Burs d CauMy Cawnl99krers, ion d arty a the t«ru a UPs ClMpbr w ror lamre o ravel wry 9! steal be mUgnd el bsl im (1 Ol tlrya pdw m Up heainp. Breturald,1m -d B Cash Cldk and Remo a a appow are ma and me 1041 Pomlil I DeOarbTpnl a Rereaq. Aq d the sae dd. Tbeapakmld1":11 Bamaplsepaale k«n Ne1041 PamHNapla Nereg et power pbnb, wbsrotlwn. aW trananisabn IMes (115 kV agreatal. Tatlw Mal Ndum, u appika«e, demiktl InbmMtion abml Ina parer uurm prapuM FaWNms, wWUp d edstllg a umavary eaaemmb, and anY Diner Ankle IV - Reeened mo.21-7-330. Appllatlm tuhmiMa A In aMlfian m the rmuiremenb it such bmmnUm Ndeelnea naasay. Tin rerlewe aid O«nmenb wbnlma bYareima organdy are 2 AlMadNp mnikwance ke manmltlake wiNAppendn5-J 5nalbeetlmtlbme raArtlkg lu Stttlon 21-T-20. U tlp mndmrns dappraalaro Mmet by the aipNar tluabe,and anal nor reaueuM er«Y mru Mall DrrMm am (3lmwmn bayed the aipinaltluONre reOarelessa Mappawd extensron. Mnplwetl Neean L3. II me Boartl of Comry Commmddurs reanlntls approval, County smN Mall tlmn a Bure DmmlNnp Nmseas' i y1 xitlnglaMmemtermire0onroberecadMinllpolfiolthe Cady CkrkaWBemrea. dha meta bGl" 1'0411:1=y="" . 1:1 recprdvp d a 1047 Pamll Map, uy apprawl d a 1041 Applirallon a amendment m a B. The 1041 PermH Map providetl MM inanab the bu0m of a 1041 ApplkMan may be rmdndetl a temp«ardy 8u9pende0 by ibe BUW of Cowry Canmtproners, mru huntlre0 twIXlty (1,3201 ka of tln baundely of le NnproretlY rbeMban each reskenm e!W Ina beultlary. lip map Man am dsc" pmg,lenma,wolhascrl oeMeutorestlenesand utl an approved cmmycanmt,� Mal Include vti. may require tlaommkdoning and reaamatl 1. Ynbllan aamymndlibnaapprowla Oewbpmul5Mndatlaolarydme tarm9dN's Code. anu ado Te prorou shall fdrow Saaon 2-1.90.1FA::: ewe hart's, and, tl appNcaae. Sttdm 2-4-50, r ave" mow nauu orb otlw Mluacamry-"ye hudlps, al ND Com. Atltl APPENDIX 21{ -10th Map Ce Yre m commerce 00.5.1k t wimm three (31 years from Ure dab me 10/7 Pelmil Map Is p. MOlitAt mrt-l' . 5. Upon regulations dWad Amxtl ax. 21•&x10. T A ChtngespNaman Oirabr pl Ranting chmpee i911mIm0 I Boom al Camp Ca 9greturea appfkall""m $tab al )S$ any glaztlq a , t0 be ped«me0. m BlaNa MM name County 01 The Iaepobp Insbumui waz aknowkdga belae me by _ Ivnal name d applkanvagenq an Nis oar of 20 Nobry Puok reliAmrxkmxa,wNm shill B. Boards Curdy Comm-isconasarofration. 21-T-130aM ap"it I by by Bmro4700.13 Ties is tocerfity me Board al Camrycommissoners of weld Cow Caoraao. does herxya ,mr mxfing a me Bourn amended 1041 Permit h. Pprove Na t7307musalY pnor1041 Map mr the same area. 1011 Map Nn _-tlaY 01 ,20_ a and tlp region. the applkanl ru walk fwd, (51 miles a tlp Ina IocaUm a any SEfs k Ina V w prated. SubsbiionE, anO 7 Nat. DAV BmM a/ Caunry Commissdners rear agakiaz a mparNlmb. ATTEST. dm tyre appkxRakma web carry aemaibe erera wn in SuOsscmrslb A and C of flannin p Services aNer pryment Yux m spn a 1091 PamH Map spy old,memomma Bmrowlellerbme apakantapproWnp me Oepu"CbWcm me Bmm Dam the tau Ble. C. 0lramr of Pmnnkp Services mmaatlan far IecnniW ravisona Pop amendmxm loth« man IeMNnal revlslonN steal whmil a mmpbte ovlmd by the DapaLttl%Wnm05erti:i:531:llpepplketmnleaper IMtel'epYow ine mamkal mWats span nerem Nb _-mYo/_._.-_.20 a cob apDM. Applkalbn regdremeM9 SIUN be ine Same az a rew 1011 Permit ryHemenl vmivx by the Depamnant a Planning $eruku upon mbrmMefian earn 5kreNre eyartmle ro Ne tvt! change. Upon mtermlre0m IoM me application wbmliml eparbnent a Pbnnirq mnkaz Mall: SNIe of fddoa4a i. rert pWmeanOgrotanaaze Maregdameeapollle Boartla C«m"Commgvolcers r55 rat more Nan mrry 130) mYe efler tlpmmplele applkatlu nos boon wbmHktl. _. Iptlmol Na apaluiknand UpDu"""tt p daero Nou of rut DropeM IDuhW wmlm one UlaoaW b. Date, p... tlmn of public heArtAt3 A. Intefion old prone number of the public dike were Witt. inkrmabm may beobtared. 0. App.. tau and address. A Type of request 4. Amllpe ldrlepallpaedsaid hearlrpmbepMNdpd eke inarlewspaperdgenaa dmubfim k the Comte tlesipmind by ine Bmre a Camh Cdrraniesloners M wWkelgnd nofices. 5. Rda the eppdmtion Iw fair review antl comment to IhoaO releml agmclu tleemM Oy ine Fnal Rra01r mpadmad dl Plannlnp Senku, In ire sae OlsweUon, to be approfliate to IM wgat matler a the Pu0lkatlam applica0on. the Fafiure of anY agenry ro reepan0 wimW Minty -eight 1281 rays may be memetl m be Efkctiw: Ju e fawreba response. 713= a t3 v a rehrtal apakm MMI be mn4idered. but the mcisi WIIeN¢r ro approx Ina applicaben rum with th Courtly. Dam PubfiMw Gamy Tribune May 23, 2025 - 2115760 page 2 0l 2 Affidavit of Publication STATE OF COLORADO SS. County of Weld, I, the undersigned agent, of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was 23rd day of May A.D. 2025 and the last publication thereof: in the issue of said newspaper 23rd day of May A.D. 2025 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. \D(At.i) 6/6h -L1 Agent Subscri ed and sworn to before me this day of May, 2025 in the County of Weld, State of Colorado. N.. y Public Acct#: 1099690 Ad #: 2115758 Cost: $223.47 SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Affidavit of Publication STATE OF COLORADO SS. County of Weld, I, the undersigned agent, of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was 23rd day of May A.D. 2025 and the last publication thereof: in the issue of said newspaper 23rd day of May A.D. 2025 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Agent 6-6 Subscribed and sworn to before me this 23w4 day of May, 2025 in the County of Weld, State of Colorado. Acct#: 1099690 Ad #: 2115760 Cost: $171.90 SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Hello