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Home My WebLink About20211546.tiffCheryl H ff Fro,m Sent: To: Cc: Sujest: Attachments: Bruce Barker Wednesday, June 9, 2021 3:52 PM Cheryl Hoffman; Jason Maxey; Esther Gesick; T©m Park° Jr. Chloe Rempel RE: Ord2021-10 - Chapter 21 Ord21-10.1 st (002) - with Parko and Barker Changes 6-9-21.docx See attached. Has a few slight changes from what you sent earlier this afternoon. Thanks for your help on this! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O'" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday, June 9, 2021 2:44 PM To: Bruce Barker <bbarker@weldgov.com>; Jason Maxey <jmaxey@weldgov.com>; Esther Gesick <egesick@weldgovocom>, Tom Parka Jr. <tparko@weldgov.corn> Cc: Cheryl Hoffman <choffman@weldgovocom>; Chloe Rempel <crempel@weldgov.com> Subject: RE: Ord2021-10 - Chapter 21 Bruce, Thank you. I've attached what you sent me previously. Is this good to go? Chery d LmHoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 1 Fr rm: Bruce Barker <bbarker©weldgov.com> Sent: Wednesday, June 9, 2021 2:32 PM To: Cheryl Hoffman <choffman@weldgov.com>; Jason Maxey <jmaxey©weldgov.com>; Esther Gesick <egesick@weldgov.com>; Chloe Rempel <cr empel@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ord2021-10 - Chapter 21 My apologies. I should have clarified earlier what we will be doing on Monday. We will have the Board do the designation resolution for the 1041 SEF. I will send that resolution to you today before 5. The Board will do the first reading for the 1041 SEF (new Chapter 21, Article VII). I will send those to you today before 5. We will not be doing anything with the new Chapter 21, Article VI. That deals with LAP and the new OGED solar permits. Article VI will be forthcoming, probably in late June. We will not make any changes to Chapter 21, Article V. Jason and his staff have been working hard on some changes and those will also be forthcoming later this month. Bruce T. Barker, Esq Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <chosfrnan@weldgov.com> Sent: Wednesday, June 9, 2021 7:10 AM To: Bruce Barker <bbarker@weldgov.com>; Jason Maxey <maxey@weldgov.com>; Esther Gesick < esick@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ord2021-10 - Chapter 21 Okay, thank you, Bruce. r ` L. Deputy Clerk to the B a rd 1 ? 50 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 2 IN THE MATTE AREAS ANDACT E IT ` Ji+ bDAINED C DE ELD C`' LINTY ANCE 202140 6/11,fri F REPEAL] N D r":`EENACTIN , WITH AMENDMENTS, CHAPTER 21 MES OF STATE I a WELD, STATE << F C ` T 1 TE i may. EST, OF THE WELD COUNTY Ct DE RD OF COU TY C? ,M f ISSIONERS OF THE CUNTY OF WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs f 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, THE _ EF - E, = E IT *ROAMED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain Sections or portions thereof of 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. ADD ARM N !Majpr Fact -� CHAPTER 21 RE =S ND ACTIVITIES OF STATE INTEREST V[1 - Site ae ecUon and Construction ucUU n1 "-a of 10 , S lar aWI ' ies of a Pillb,HC' INvI n o - General and 15 =tr d actor Proknstions c21-7- 01„ Purp se and bLca ' erg FacffiUes (as The regulations (referred to herein as "1041 SEF regulations") set forth in this Article VII are made pursuant to -he authority anted Weld County in the Colorado Areas and Activities of State Interest Act ("AASIA"), C.R.S. g 24-65.1-101, et seq.: specifically, in accordance with C.R.S. a§ 24-65.1-104(8\ and 24-65.1-203 ("Site Se ection And Construction of Major Facilities of a Public Utility") and C.R.S. 20-20-108 (if ap licaole) "Major Electrical or Natural Gas Facilities"). The purpose and intent of the regulations contained in this Article VII is to: A. Encourage planned and order development gt of solar energy facilities as defined herein; B. Provide for present and future electrical needs of oil and :gas, a, residential and recreation: PAGE 1 riculture, industry, business, 2020-* OR®2021-10 I C. Encourage use of land in a manner which ensures return to original productivity and character upon cessation of such use; 0. Ensure coordination and compatibility between large size solar energy facilities and agriculture E. Conserve soil and agricultural resources; F. Protect the environment, cultural and historic resources, and wildlife; G. Promote the efficient and economic use of public resources; H. Balancelie protection, mitigation of damage to and enhancement of environmental resources with the electrical energy needs of development; 1. Promote efficient and economic use of public resources; Avoid or reduce direct cnflicts with adopted local ,government, regional and state master plans; and K. Protect the health and welfare of the citizens of Weld CountI. This Article is not intended to abridge safety, health or environmental requirements contained in other applicable codes, standards, or ordinances. The provisions of this Article shall not be deemed to nullify any provisions of local, State or Federal law. Sec. 21-7-20. . © D fir8 8onso In addition to the terms defined in Section 21-1-90 of this Code, the following, terms specific to the designation of site selection and construction of 1041 Solar Energy Facilities (as ma.or facilities of a public utility) shall be construed to nave the meanings set forth as follows: Abandonment: means to give updiscontinue, or withdraw from. Any 1041 Solar Energy Facility that ceases to _produce energy on a continuous basis for twelve (12) months will be considered abandoned. Decommissioning/Reclamation Plan: means a document that details the planned shut down of a 1 041 Solar Energy Facility from operation or use; removal of all equipment, cables, foundations, and other infrastructure; and reclamation of the site to its original condition, including return of top soils, if necessary. Fence: means a continuous barrier extending from the surface of the ground to a uniform hei jht of not less than sip (6 feet from the ground at an iven point, consisting of chain link or, if specified, of an impervious material. Improved area: means the area containing the 1041 SEF. PAGE 2 2020-* O8O2021-10 Mitigation: means to avoid adverse impacts to public health, safety, environment and wildlife resources, including cumulative impacts where practicable: 1. Avoiding an impact by not taking a certain action or parts of an action. 2. Minimizing impacts by limiting or consolidating the extent, degree or mac nitude of the action or its implementation. Reducing,_ or eliminating the impact over time by preservation and maintenance operations. 4. Corn Densatig for impacts by replacing or providing suitable biological and/or physical conditions; and by replacing or providing suitable public services and facilities, where applicable. 5. Compliance with reasonable conditions and development standards. Public utility: means an entity defined in C.R.S. § 40-1-103. Security: means an irrevocable standby letter of credit, bond, or alternative form of financial security in an amount sufficient to fund the estimated decommissioning ano reclamation costs required pursuant to this Code. Site selection: means the process for determining the location of 1041 SEF or the expansion of existing 1041 SEE Solar array: means an active solar energy system that converts sunlight into electricity using either thermal or photovoltaic methods. Such a system nas multiple solar collectors, wiring, racking, and might incluae other ap•urtenant structures and/or facilities. Solar collector or solar panel: means a devico that converts sunlight into electricity using either thermal or photovoltaic methods. Solar energy facility [SEPT means a commercial facility wnose primary purpose is to supply electricity and consists of one (1) or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities. A 1041 SEF is only allowed by permit, pursuant to this Article VII, and shall have an Improved Area of more than one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or more than three -hundred twenty 320} acres in the Ag/Rural Area as shown on Appendix 21-8. These 1041 SE Reguiatiois shall apply to site selection, construction, and operation of 1041 SEF's to oe located in all zone districts within the unincorporated territory of the County. No 1041 SEE i ermi't shall roe required for existing approved USR SEF's as of the effective date of PAGE 3 2020-* ORD2021 -10 the Article VII. However, if changes are submitted to the Weld County Planning Department which would materially expand the Improved Area beyond one -hundred sixty (160) acres in _ the Near/Urban Area as shown on Appendix 21-B, or more than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B, this exemption will not apply. No 1041 SEF shall be required for: A. Routine Solar Facility operations and maintenance including, but not limited to, normal repairs and maintenance, like kind replacement of equipment, or compliance with State or Federal orders or regulations. B. Surface disturbance that does not increase the lrnproved Area by more than ten (10) percent of the original foot print. Sec. 21=740. R&aUonv r f,1 JJ remen ts a erAs f ip of 1041 SEF a ulatio, :s o : °her county state, and federS A. Nothing in these 1041 SEF Regulations shall be construed as exempting an as plicant for a permit from any other requirements of this County or other state, or federae laws and regulations. B. To the extent that the requirements of these 1 041 SEF Regulations direr from any other applicable requirements, the more restrictive rec uirernents shall a°oply. DM&o,, 29 a Destination of Ste SeLection and Construction of 10 1 SEF's as an AcU v yy of ntoBlest Sec. 21-7-200. Designation of she sSecli of State [Interest, •• and co structn of 1041 S F9s as an activ m The Board of County Commissioners, having considered the intensity of current and foreseeable development pressures and the provisions and requirements of these 1041 SEF Regulations, orders that the designation made by the Board on June 14 , 2021, of site selection and construction of a 1041 SFF as an activity of State interest, be and hereby ratified and confirmed and that this activity shall be regulated pursuant to the provisions of this Article VII of Chapter 2' of the Weld County Code. Sec. 21 2 O. Boundardes of area covered by dee The site selection and construction of any 1 041 SEF, as defined herein, being wholly o" partially within the unincorporated territory of the County, snail be sub'ect to this designation and these 1041 SEF Regulations. Sec. 214-220. - Reasons °ro r �tgrllpi The site selection and construction of any 10 ShF, as defined herein, is herebdesignated as a matter of State Interest for the, reasons stated in Section 21-7-10 of this Chapter. PAGE 4 2020-* ORD2021-10 i DI Soon 3. m Per 7H for Site Selectdon and Construction of a _ 1041 SEF Sec. 21 =7=300m ProMbition on sfte selection and construction of a1041 SEE without a 4 041 permit lssued r ursuant to these 1041 SEF Regulations. A. No person or ocal authority may locate and construct a 1041 SEF wholly or partially within the snincorporatod portions of this County without first obtaining a permit pursuant to these 1041 SEF Regulations. Modifications to an existing 1041 SEF that increases the Improved Area by more than ten (10) percent of the original footprint shall re uire an amendment of the existing 1041 SEF pursuant to the provisions of this Article VII. Sec 214-310. Procedura ced u ra a rec, f rerun e nt e A. he procedures concerning aermit applications, notice and conduct of permit hearings, judicial review of Boar1 County Commissioners decisions, and issuance and content of permits for selecting a site and constructing an 1041 SEF are within the provisions set forth in Article lit chapter 21 of this Code, together with the additional regulations set forth in this Article VII and C.R.S. 29-20-108 (if ap.licable). S. Prior to the preapplication conference, tee applicant may meet with the Planning Department to discuss and outline the project. The purpose of the meeting is to discuss general information pertinent to the prosect, identify any ni aior problems and define issues in order to direct the data gathering and assessment that are to accompany the future application. No record shall be maintained of this meeting and neither party shall be bound by plans, statements or positions discussed at the rneetinQ 1. If as a result of the meeting, the Planning Department determines that the nature or extent of the proposal involves the potential for significant environmental damage or warrants examination of specific less environmentally damaging alternatives, the Planning Department may request that the applicant evaluate and present information on such alternatives as part of the application. This shall not preclude a similar request following the preapplication conference. Required information on alternatives may include, but shall not necessarily e limited to information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented. C. To minimize expenditures of time and money by all concerned, an application for a Qermit to locate and construct 1041 SEF must begin with a preapplication conference with the Planning Department. D. The requirements of these 1041 SEF Regulations shall not be deemed to waive the requirements of C.R.S. §4O -5-1O1 et seq., if a plicable, that a public utility obtain a certificate of public convenience and necessity. PAGE 5 2020-* OR®2021-10 E. Available documents, studies, or reviews by the applicant or regulatory agencies will be utilized whenever possible by the County in its review in order to minimize duplication and promote the timely review of tie permit application. Sec. 21-7-320. 7. Pr kapplicat on conference. A. Prior to formal filing of the application, the applicant shall confer with the staff person assigned to the case by the Planning Department to obtain information and guidance. The purpose of such a conference is to permit the applicant and the staff to review the proposal informally. This meeting shall take place within fourteen (14) days of the submitted request. B. Topics of discussion shall include, but not be limited to: Characteristics of the oroposed 1041 SEF, including its location or potential location,. significant natural and man-made features with particular attention to natural hazard, resource or other special areas: the size and accessibility of the site; surrounding development and land uses; and its potential impact on surrounding areas, including potential environmental effects and planned Mitigation strategies. 2. The nature and extent of the proposed 1041 SEF, including land use types and their densities; Placement of oroposed solar panels and associated equipment; the preservation of natural features; proposed construction and operations areas, and internal circulation system; and the total ground coverage of paved areas and structures. 3. Community policy considerations including the review process and likely conformity of the proposed development with the policies and requirements of these 1041 SEF ''regulations. 4. Applicable regulations, review procedures and submission requirements. 5. Other regulatory reviews or ,procedures to which the applicant is subject, the applicants time frame for the project, and other concerns of the applicant. C. Any comments or commitments made by any member of the Count administration as to the merits of the substance of the application during this preapplication conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made oy staff until after the application is submitted and adjacent or nearby property owners and referral agencies have had an ppporbunity to respond, if applicable. D. CoLnty staff will make available to the applicant any public information concerning the application which is in the County's possession. E. The Planning Department shall consider the County's application recuirements for the ,project, and shall notify the applicant either at the pre -application conference or within ten (10) days Thereafter, in writing, of such requirements, including, but not limited to, the extent of interest holders to receive notification of the project under Section 21-2-250 of this Code and other applicable sections, the extent of the project area to be considered, the submittal requirements PAGE 6 2020-* ORD2021-10 that may be waived by the County, and any particular submittal requirements in addition to those specified in these 1041 SEF Regulations. Sec. 21-7=330, - Applicator submittal requirements. A. These application submittal requirements shall apply to all applications for a development permit for a 1041 SEF, except for requirements which have been waived as provided in these 1041 SEF Regulations. B. Submittal requirements for all applications for a development permit for a 1041 SEF, where applicable: 1. The following are general requirements for any map or plan required hereunder. Minimum requirements include: a. The name of the proposed 1041 SEF and the total number of acres under consideration. b. Because all maps and plans may be used for public presentation, the map scale and size should be large enough for effective presentation and should accurately illustrate the application. c. The name, address and telephone number of the applicant, designer, engineer, surveyor and any other consultants of the applicant. d. The date of preparation, revision box, written scale, graphic scale and north arrow for each map. 2. The applicant must provide the following information concerning the project site: 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. b. The planned access to the project site and the means the applicant intends to use to obtain a legal right to utilize such access, including copies of any access or right-of- way agreements which have been entered into by the date of the application for such access. c. The names and addresses of persons or entities with an interest in any real property proposed to be physically disturbed or crossed by the 1041 SEF, excluding mineral interests but including those holding mortgages, judgments, liens, easements, contract rights, rights -of -way, reservations, exceptions or other encumbrances, at least to the extent shown in the records of the County Clerk and Recorder or of which applicant has actual knowledge. 3. 1041 SEF Permit Map: PAGE 7 2020-* ORD2021-10 a. The map shall be delineated o Planning Services. reproducible material approved by the Department of b. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high. c. The map shall include certificates for the property owner's signature (excepting 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 Planning Department. d The exact scale of the map shall be determined at the time of the preapplication conference, taking into consideration the type and size of the proposed proect, as well as the t pe and complexity of the information to be mapped. The map shall delineate all of the required information within a one thousand (1,000), foot radius of the proposed Improved Area. f. The following information shall be shown on the map: i. Section, township and range. ii. Scale and norm arrow. di Outline of the perimeter of the proposed Improved Area. iv. The general classifications and distribution of soils over the parcel under consideration. Soi classification names and agricultural capability classifications must be noted in the legend. v. The locations and names of all key roads, irrigation ditches and hydro raphic features. vi. The location of all existing residences and platted lots within a one thousand (1,000) foot radius of the proposed 1041 SE's existing and proposed accesses to the property, and the boundaries of any ad acent municipality. vii. Any other re evant information within a one -half -mile distance of the perimeter of the proposed 1041 S F as may be reasonably reguireo by the County to meet the intent and purpose of this Chapter. 4. Plot Plan. A plot plan of the proposed 1041 SEF shall be drawn on the 1041 SS Permit Map. PAGE 8 2020-* ORD2021-10 a. The exact scale of the plot plan shall be determined at the time of the preapplication conference, taking into consideration the type and size of the proposed project, as well as the type and complexity of the information to be mapped. b. The plot plan shall outline the boundaries of the parcel being considered for the facility. c. The plot plan shall include the location and identification of all of the following items whicri are presently existing within a two -hundred (200) foot radius of the boundaries of the 1041 SEF, as well as within the area itself; it shall also include the proposed features and structures of the facility (some of the following may not be applicable to linear facilities): i. All public rights -of -way of record, including names. ii. All existing structures. iii. All utility easements or rights -of -way for telephone, gas, electric, water and sewer lines iv. Irrigation ditches. v. Adjacent property lines and respective owners' names (may be shown on vicinity map instead). vi. All hydrographic features including streams, rivers, ponds and reservoirs (including names). vii. Topography at two (2) foot contour intervals or at intervals as determined necessary by the Planning Department. (Linear facilities shall include appropriate topographic data derived from USGS maps or an equivalent database.) viii. Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the uses and associated structures proposed for the parcel. ix. Location and design of storm water management devices or structures (excepting linear facilities). x. Complete traffic circulation and temporary construction parking location(s) and sizes (excepting linear facilities). xi. Location, amount, size and type of any roposed visual mitigation, including but not limited to landscaping, fencing, berms or other screening. (Linear facilities shall provide information regarding revegetation and reclamation.) xii. Location of an flood hazard, geologic hazard or mineral resource areas. PAGE 9 2020-* ORU2021-10 xiii. Such additional information as may be reasonably required by the Planning Department, the Planning Commission or the Board of County Commissioners in o rder to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code and any other applicable Code provision or o rdinance in effect. 5. The following items and information: a. Description of the present use and zoning. A vicinity map with aerial image showing the following a. The area within five (5) mile radius from the proposed 1041 SEF. ii. All existing or approved solar facilities lying within the five (5) mile radius. ii. The proposed haul route showing the Applicant's desired construction route to and from the solar facility and the nearest County designated collector or arterial roadway or nearest highway and indicate the desired new or existing access point. c. Specify, where applicable: i. The voltages and lengths of transmIssicn li 1041 SEF. 4,-, C.) ii. Generating capacity of the proposed 1041 SEF. eadin q out of the proposed iii. The location, functions and sizes of battery storage or substations associated with the proposed 1041 SEF. iv. Applicable support facilities (e.g., temporary construction features, parking areas, ✓ isual mitigation, etc.) to be provided. 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. ii. Specify any future phases or extensions of the 1041 SEF and relationship of the facility (if currently foreseen) to larger programs and plans. iii. Specify timetable for planning (e.g., federal permits, other state permits, local zoning, etc.). iv. Estimate beginning and completion of construction and beginning of operation of facility. PAGE 10 2020-* ORD2021-10 v. Estimated end of operation of the proposed 1041 SEE e. Hazards and emergency procedures: i. Describe hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general public. ii. Describe hazards, if any, of environmental damage and contamination due to materials used at or activities taking place at the proposed facility. iii. Describe emergency procedures to be used in the event of fire, explosion or other event which may endanger the public health, safety and welfare. iv. Describe any prevalent natural hazards that will affect or be affected by development and describe mitigating measures to be taken to reduce danger due to such natural hazards. f. Name(s), address(es), and contact information for the applicants. g. Name and address of the fee owners of the property proposed for the 1041 SEF, if different from above. h. Legal description of the property under consideration. i. Total acreage of the parcel under consideration. J. Existing land use of the parcel under consideration. k. Existing land uses of all pro oerties adiacent to said parcel. I. Present zone and overlay districts. m. Signatures of the applicant and fee owners or their authorized legal agent. 6. Summarization of ma or natural and socioeconomic environmental constraints as they affect the site selection and construction of the proposed 1041 SEF. 7. Summarization of the effects of the proposed site selection and construction upon the natural and socioeconomic environment of the impact area as applicable to submission recuirements. Included should be an analysis of impacts upon agricultural productivity and agricultural resources and upon vested water rights. 8. Analysis of the effects of the proposed site selection and construction upon the physical and socioeconomic development of the impact area during the life of the proect until decommissioning/reclamation. PAGE 11 2020-* ORD2021-10 9. A description of a program to minimize and mitigate adverse impacts and to maximize the positive impacts of the proposed site selection and construction. 10. Analysis of water pollution impacts and control alternatives. 11. Analysis of hydrologic, geologic, pedologic, biotic, visual and noise impacts. 12. Surface Drainage Analysis. At the time of 1041 SEF application submittal, a preliminary drainage report shall be provided for review by the Weld County Department of Public Works pursuant to the requirements of Chapter 8, Article Xl of this Code. Prior to applying for a Grading Permit, a final drainage report stamped and signed by a Professional Engineer registered in the State of Colorado is required. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage runoff and build soil. Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is not compacted and maintained in vegetation. 13. Dust and Weed Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of 1041 SEF application submittal, which includes a description of those methods by which dust emanating from the proposed 1041 SEF and the weeds crowing upon the Impacted Area will be mitigated. 14. Floodplain Mapping. On the map of the base area, or another appropriate map, indicate any flood plain associated with the proposal. Documentation of the historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain. (Note: If the 1041 SEF location is located within a Special Flood Hazard Area identified by maps officially 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 Xl of Chapter 23 of this Code.) 15. A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be provided at the time of 1041 SEF application submittal which will be signed by the party responsible for decommissioning and the landowner (if different), addressing the following: a. Decommissioning/reclamation shall commence within twelve (12) months after power production has permanently ceased and be completed within twelve (12) months from the start date of the decommissioning/reclamation work. 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 landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain. d. Property shall be restored to a condition reasonably similar to its condition prior to development of the major facility. PAGE 12 2020-* ORD2021-10 e. The developer or owner of the 1041 SEF is responsible for the decommissioning. f. Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements: i. All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from the facility site; ii. All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads; iii All costs associated with reclamation of any primary aGricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction; iv. All decommissioning/reclamation activity management, site supervision, site safety costs; v. Any other costs, including administrative costs, associates with the decommissioning and reclamation of the facility site; and vi. The estimated date of submission of the Security to Weld County. Prior to construction, an irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by this Code. The Security shall: i. Name the Board of County Commissioners of weld County as the sole beneficiary of the letter of credit; ii. Be issued oy an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials; iii. Include an automatic extension provision or "evergreen clause"; and iv. Be "bankruptcy remote", meaning the Security will be unaffected by the bankruptcy of the 1041 SEF operator. Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to: bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. PAGE 13 2020-* ORD2021-10 n. Access to decommissioning/reclamation fund. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation. 16. Any other information required by the Board of County Commissioners or the Planning Department 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. Such additional information may include, but is not limited to: a. The relationsrip of the me;ect to loca land use, policies and comprehensive plans and to policies and plans adopted or under preparation by federal, state, regional or other affected local governmental agencies. b. The agricultural productivity capability of the and affected by the proposal (soils classification). c. How the proposed development will utilize existing easements or rights-of-wa - for any associated distribution or collector networks. d. The potential adverse effects of the proposal upon plant and animal life dependent upon the water resources in questior° a Recognized areas o.} geologic, historic or archeological importance by local, state, or federal governments. f. Key locations within a half -mile radius where the facility can be viewed from and its g. proximity to residences, including proposed Mitigation strateti Submission of a wildlife mitigation plan, if applicable. h. Transportation construction impacts: i. Describe what impacts construction of the proiect will have upon transoo Cation patterns in the area intended to be served or affected by the proposal. ii. Describe the potential construction impact on roads within the County. iii. Identify improvements required to any roads within the County in order to serve the proect ade uatel A haul route map and agreement to mitigate construction traffic impacts to the area surrounding the proposed 1041 SEF may be required. Less damaging alternatives: PAGE 14 2020-* ORD2021-10 If the Planning Department determines that the nature or extent of the proposal involves the potential for environmental damage or warrants examination of specific, less environmentally damaging alternatives, the Planning Department may request that the Board require the applicant evaluate and present information on such alternatives as part of the application. ii. Required information on alternatives may include, but shall not necessarilybe__ limited to, information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented. iii. Presentation of design alternatives concerning access, visual mitigation, architectural controls and so forth. C. Waiver of submittal requirements. Specific submittal requirements may be waived by the Department of Planning Services, as warranted depending upon the circumstances as determined by the Planning Director. Sec. 214-340. «peveloaDent standards for a 1041 SEE A. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. B. Glare. 1041 SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day. C. Setbacks. The Improved Area of the 1041 SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback rec uirement may be reduced if a D oro oriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services. D. Dust mitigation. The operators of the 1 041 SEF shall continuously employ the practices for control of fugitive dust detailed in theft dust mitigation plan submitted as required by Section 21-7-330.B.13 of this Code. E. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). PAGE 15 2020-* ORD2021-10 F. Fencing. The 1041 SEF shall be enclosed with a security fence as approved pursuant to a fencing lan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. G. Stormwater management. The Operator of the 1041 SEF shall submit a drainage report to comply with required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be applicable pursuant to Chapter 8, Article IX of this Code. Pursuant to Sec. 21-6-330.B.12 of this Code, ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is not compacted and maintained in vegetation. H. Access permit. Prior to construction of the 1041 SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article XIV of Chapter 8 of this Code. Seca 21 4=350. rovaU of permllt app. He taon. A. A. Per Division 3, Section 21-2-300 the SEF shall have a hearing before the Planning Commission to consider the application for the SET as described in Section 21-2-260 B.1. The Planning Commission shall .rovide recommendations to the Board of County Commissioners concerning the disposition of the request. The Planning Commission shall approve the request for the Section 1041 Permit only if it finds that the applicant has met the standards or conditions set forth in the Section 1041 Regulations governing the area or activity of state interest involved in the applications, 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. C. The Board of County Commissioners may approve an application for permit for site selection and construction of 1041 SEF (with reasonable conditions, if any, in the discretion of the Board of County Commissioners) only if the proposed site selection and construction complies with the following criteria, to the extent applicable, and taking into consideration the purpose and intent of these 1041 SEF Regulations, as set forth in Section 21-7-10: (The Board may rely upon the findings and approvals of other governmental entities having .urisdiction over those criteria listed below with respect to their environmental determinations or regulatory compliance.) 1. The health, safety, and welfare of the citizens of the County will be protected and served. 2. The natural and socio-economic environment of the County will be protected or enhanced. PAGE 16 2020-* ORD2021-10 3. All reasonable alternatives to the proposed action, including use of existing rights -of -way and joint use of rights -of -way wherever uses are compatible, have been adequately presented. 4. The proposed action is compatible with ano represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area. 5. A satisfactory grogram to miti ate and minimize adverse im acts has been presented including decommissioning and reclamation. 6. The nature and location or expansion of the facility complies with all applicable provisions of the master plan of this Count and service areas, and other applicable regional, metropolitan, state and national plans. 7. The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services, nor will not create an expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners. 8. The nature and location of the facility or expansion will not unduly interfere with existing easements, rights -of -way, other utilities, canals, mineral claims or roads. 9. Adequate utilities exist or shall be developed to service the site, as necessary. 10. The nature and location for expansion of the facility will not unduly interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or historic landmark within the impact area. 11. The geological and topographic features of the site are adequate for all construction clearing, grading, drainage, vegetation and other needs of the facility construction or expansion. 12. The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels. 13. The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, lakes and reservoirs in the impact area. 14. The benefits of the proposed developments over the life of the project outweigh the temporary losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. 15. The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed prpject, including surface, mineral access rights and easements for drainage, utilities, access, etc. If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion, grant PAGE 17 2020-* ORD2021-10 the permit conditioned upon completion of the acquisition of such rights prior to issuance of a building permit by the County. 16. The proposed project will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. D.. The Board may impose mitigation requirements and conditions on an applicant, as follows: 1. The Board shall make findings that each such requirement and condition is necessary to ensure that the proposed project will not result in adverse net effect on the resources, values and conditions referenced above. 2. The Board shall also find that each s proposed project. ch requirement and condition is necessitated by the 3. All such findings shall be based on material in the administrative record. 4. The Board shall base the additional requirements and conditions on applicable design stancards as ado ated by the county, to the extent that such standards then exist. n 4. ® Violation and Enforcement Abannrnent of a 1041 5FF. Sec. 21-7-400. - Violation and Eu F r cemento Any person, firm, corporation, or other entity who maintains or operates or who controls the maintenance of a 1041 SEF in violation of this article shall be guilty of a misdemeanor and subject to prosecution, and if convicted, shall be punished by a fine not to exceed fifty dollars ($50.00) or by imprisonment not to exceed thirty (30) days, or both, in the discretion of the court. Each day that said 1041 SEE shall be maintained or operated in violation of this article shall constitute a separate and distinct offense. This Article VII may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. It may be enforced by injunction and order of abatement. The County may apply for a mandatory or prohibitory injunction and order of abatement commanding the violator to correct any unlawful condition upon or cease the unlawful use of property. The County may request an order of abatement as part of a audgment in the cause and may request the court to close, demolish or remove buildings or other structures or take any other action that is necessary to bring the1041 SEF into compliance with this article. This Article VII may be enforced by any one or more of the remedies authorized herein. Sec. 21-7-410. - Abandonment, A 1041 SEF that ceases to produce energy on a continuous basis for twelve (12) months will be considered abandoned, unless the operator of the 1041 SEF or the owner of the underlying property provides substantial evidence, updated every six (6) months fter initial submission of evidence, to the Planning Director or his designee of the intent to maintain and reinstate the PAGE 18 2020-* ORD2021-10 operation of that facility. It is the responsibility of the operator of the 1041 SEF or the owner of the underlying property to accornolish required decommissioning/reclamation of the 1041 SEF. A. Upon determination of abandonment, the Planning Director shall notify the operator of the 1041 SEF or the owner of the underlying property that they must remove the 1041 SEF and comply with the decommissioning/reclamation requirements of this Article VII, within 360 days of notice by the Planning Director or his designee. E. If the operator of the 1041 SEF or the owner of the underlying property fails to comply, the Planning Director or his designee may remove the 1041 SEF, sell any removed materials, and draw upon the financial assurance required by this Article VII to accomplish required decommissioning/reclamation of the 1041 SEF. PAGE 19 2020-* ORD2021-10 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. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2021-10 was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board Scott K. James, Pro-Tem BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: Mike Freeman County Attorney Lori Saine Date of signature: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: June 14, 2021 June 18, 2021, in the Greeley Tribune June 28, 2021 July 2, 2021, in the Greeley Tribune July 12, 2021 July 16, 2021, in the Greeley Tribune July 21, 2021 PAGE 20 2020-* ORD2021-10 ARTICLE VI m Site Selection and Construction of 1041 Solar Energy Facilities (as Major Facilities of a Public Utility) Division 1 - General and Introductory Provisions Sec. 21-6-10. - Purpose and intent. The regulations (referred to herein as "1041 SET Regulations") set forth in this Article VI are made pursuant to the authority granted Weld County in the Colorado Areas and Activities of State Interest Act ("AASIA"), CORDS. §§ 24-65.1-101, et seq.; specifically, in accordance with C.R.S. § 24-65.1-203 ("Site Selection And Construction of Major Facilities of a Public Utility") and C.R.S. § 29-20-108 (if applicable) ("Major Electrical or Natural Gas Facilities"). The purpose and intent of the regulations contained in this Article VI is to: A. Encourage planned and orderly development of solar energy facilities, as defined herein; B. Provide for present and future electrical needs of oil and gas, agriculture, industry, business, residential and recreation; C. Encourage use of land in a manner which ensures return to original productivity and character upon cessation of such use; De Ensure coordination and compatibility between large size solar energy facilities and agriculture; E. Conserve soil and agricultural resources; Fe Protect the environment, cultural and historic resources, and wildlife; G. Promote the efficient and economic use of public resources; H. Balance the protection, mitigation of damage to and enhancement of environmental resources with the electrical energy needs of development; I. Promote efficient and economic use of public resources; J. Avoid or reduce direct conflicts with adopted local government, regional and state master plans; and K. Protect the health and welfare of the citizens of Weld County. This Article is not intended to abridge safety, health or environmental requirements contained in other applicable codes, standards, or ordinances. The provisions of this Article shall not be deemed to nullify any provisions of local, State or Federal law. Sec. 21-6-20. - Definitions. 1 In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific to the designation of site selection and construction of 1041 Solar Energy Facilities (as major facilities of a public utility) shall be construed to have the meanings set forth as follows: Abandonment: means to give up, discontinue, or withdraw from. Any 1041 Solar Energy Facility that ceases to produce energy on a continuous basis for twelve (12) months will be considered abandoned. Decommissioning/Reclamation Plan: means a document that details the planned shut down of a 1041 Solar Energy Facility from operation or use; removal of all equipment, cables, foundations, and other infrastructure; and reclamation of the site to its original condition, including return of top soils, if necessary. Fence: means a continuous barrier extending from the surface of the ground to a uniform height of not less than six (6) feet from the ground at any given point, consisting of chain link or, if specified, of an impervious material. Improved area: means the area containing the 1041 SEF. Mitigation: means to avoid adverse impacts to public health, safety, environment and wildlife resources, including cumulative impacts where practicable: 1. Avoiding an impact by not taking a certain action or parts of an action. 2. Minimizing impacts by limiting or consolidating the extent, degree or magnitude of the action or its implementation. 3. Reducing or eliminating the impact over time by preservation and maintenance operations. 4. Compensating for impacts by replacing or providing suitable biological and/or physical conditions; and by replacing or providing suitable public services and facilities, where applicable. 5. Compliance with reasonable conditions and development standards. Public utility: means an entity defined in C.R.S. § 40-1-103. Security: means an irrevocable standby letter of credit, bond, or alternative form of financial security in an amount sufficient to fund the estimated decommissioning and reclamation costs required pursuant to this Code. Site selection: means the process for determining the location of 1041 SEF or the expansion of existing 1041 SEF. 2 Solar array: means an active solar energy system that converts sunlight into electricity using either thermal or photovoltaic methods. Such a system has multiple solar collectors, wiring, racking, and might include other appurtenant structures and/or facilities. Solar collector or solar panel: means a device that converts sunlight into electricity using either thermal or photovoltaic methods. (1 ) Solar energy facility [SEJi]: means a commercial facility whose primary purpose is to supply electricity and consists of oneor more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities. A 1041 SEE is only allowed by permit, pursuant to this Article VI, and shall have an Improved Area of more than one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or more than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B Sec, 21-6-30. - Applicability. These 1041 SI--4;F Regulations shall apply to site selection, construction, and operation of 1041 SEF's to be located in all zone districts within the unincorporated territory of the County. o 1041 S 1 --HT Permit shall be required for existing approved USR S s as of the effective date of this Article VI. However, if changes are submitted to the Weld County Planning Department which would materially expand the Improved Area beyond one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or more than three -hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B, this exemption will not apply. No 1041 S I _ T shall be required for: A. Routine Solar Facility operations and maintenance including, but not limited to, normal repairs and maintenance, like kind replacement of equipment, or compliance with State or Federal orders or regulations. B. Surface disturbance that does not increase the Improved Area by more than ten (10) percent of the original footprint. Sec. 21-6-400 - Relationship of 1041 S I-I;F Regulations to other county, state, and federal requirements affecting 1041 S s A. Nothing in these 1041 SEF Regulations shall be construed as exempting an applicant for a permit from any other requirements of this County or other state, or federal laws and regulations B. To the extent that the requirements of these 1041 S _ I--4�F Regulations differ from any other applicable requirements, the more restrictive requirements shall apply. 3 Division 2 - Designation of Site Selection and Construction of 1041 S HF's as an Activity of State Interest. Sec. 21-6-200. - Designation of site selection and construction of 1041 SEE's as an activity of State Interest. The Board of County Commissioners, having considered the intensity of current and foreseeable development pressures and the provisions and requirements of these 1041 SEF lr ,r Regulations, orders that the designation made by the Board on , 202®f site selection and construction of a 1041 SEF as an activity of State Interest, be and hereby is ratified and confirmed and that this activity shall be regulated pursuant to the provisions of this Article VI of Chapter 21 of the Weld County Code. Sec. 21-6-210. - Boundaries of area covered by designation. The site selection and construction of any 1041 S H,F, as defined herein, being wholly or partially within the unincorporated territory of the County, shall be subject to this designation and these 1041 S Regulations. Sec. 21-6-220. - Reasons for designation. The site selection and construction of any 1041 S HF, as defined herein, is hereby designated as a matter of State Interest for the reasons stated in Section 21-6-10 of this Chapter. Division 3 - Permit for Site Selection and Construction of a 1041 SEE Sec. 21-6-300. - Prohibition on site selection and construction of a 1041 SEF without a 1041 permit issued pursuant to these 1041 SET Regulations. A. No person or lcal authority may locate and construct a 1041 SEF wholly or partially within the unincorporated portions of this County without first obtaining a permit pursuant to these 1041 S Regulations. Modifications to an existing 1041 S HF that increases the Improved Area by more than ten (10) percent of the original footprint shall require an amendment of the existing 1041 SEF pursuant to the provisions of this Article VI. Sec. 21-6-310. - Procedural requirements. A. The procedures concerning permit applications, notice and conduct of permit hearings, judicial review of Board County Commissioners decisions, and issuance and content of permits for selecting a site and constructing any 1041 SEF are within the provisions set forth in Article II, Chapter 21 of this Code, together with the additional regulations set forth in this Article VI and C.R.S. § 29-20-108 (if applicable). B. Prior to the preapplication conference, the applicant may meet with the Planning Department to discuss and outline the project. The purpose of the meeting is to discuss general information pertinent to the project, identify any major problems and define issues 4 in order to direct the data gathering and assessment that are to accompany the future application. No record shall be maintained of this meeting and neither party shall be bound by plans, statements or positions discussed at the meeting. 1. If, as a result of the meeting, the Planning Department determines that the nature or extent of the proposal involves the potential for significant environmental damage or warrants examination of specific, less environmentally damaging alternatives, the Planning Department may request that the applicant evaluate and present information on such alternatives as part of the application. This shall not preclude a similar request following the preapplication conference. 2. Required information on alternatives may include, but shall not necessarily be limited to, information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented. C. To minimize expenditures of time and money by all concerned, an application for a permit to locate and construct 1041 SEF must begin with a preapplication conference with the Planning Department. D. The requirements of these 1041 SEF Regulations shall not be deemed to waive the requirements of C.R.S. §§ 40-5-101 et seq., if applicable, that a public utility obtain a certificate of public convenience and necessity. E. Available documents, studies, or reviews by the applicant or regulatory agencies will be utilized whenever possible by the County in its review in order to minimize duplication and promote the timely review of the permit application. Sec. 21-6-320. - Preapplication conference. A. Prior to formal filing of the application, the applicant shall confer with the staff person assigned to the case by the Planning Department to obtain information and guidance. The purpose of such a conference is to permit the applicant and the staff to review the proposal informally. This meeting shall take place within fourteen (14) days of the submitted request. B. Topics of discussion shall include, but not be limited to: 1. Characteristics of the proposed 1041 SEF, including its location or potential location, significant natural and man-made features with particular attention to natural hazard, resource or other special areas; the size and accessibility of the site; surrounding development and land uses; and its potential impact on surrounding areas, including potential environmental effects and planned Mitigation strategies. 2. The nature and extent of the proposed 1041 SEF, including land use types and their densities; placement of proposed solar panels and associated equipment; the 5 preservation of natural features; proposed construction and operations areas, and internal circulation system; and the total ground coverage of paved areas and structures. Community policy considerations including the review process and likely conformity of the proposed development with the policies and requirements of these 1041 SET Regulations. 4. Applicable regulations, review procedures and submission requirements. 5. Other regulatory reviews or procedures to which the applicant is subject, the applicant's time frame for the project, and other concerns of the applicant. C. Any comments or commitments made by any member of the County administration as to the merits of the substance of the application during this preapplication conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made by staff until after the application is submitted and adjacent or nearby property owners and referral agencies have had an opportunity to respond, if applicable. D. County staff will make available to the applicant any public information concerning the application which is in the County's possession. h. The Planning Department shall consider the County's application requirements for the project, and shall notify the applicant either at the pre -application conference or within ten (10) days thereafter in writing of such requirements, including, but not limited to, the extent of interest holders to receive notification of the project under Section 21-2-250 of this Code and other applicable sections, the extent of the project area to be considered, the submittal requirements that may be waived by the County, and any particular submittal requirements in addition to those specified in these 1041 Sl _ iT Regulations. Sec. 21-6-330. - Application submittal requirements. A. These application submittal requirements shall apply to all applications for a development permit for a 1041 SEF, except for requirements which have been waived as provided in these 1041 S HF Regulations. B. Submittal requirements for all applications for a development permit for a 1041 S HF, where applicable: 1. The following are general requirements for any map or plan required hereunder. Minimum requirements include: a. The name of the proposed 1041 SET and the total number of acres under consideration. 6 b. Because all maps and plans may be used for public presentation, the map scale and size should be large enough for effective presentation and should accurately illustrate the application. c. The name, address and telephone number of the applicant, designer, engineer, surveyor and any other consultants of the applicant. d. The date of preparation, revision box, written scale, graphic scale and north arrow for each map. 2. The applicant must provide the following information concerning the project site: 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. b. The planned access to the project site and the means the applicant intends to use to obtain a legal right to utilize such access, including copies of any access or right- of-way agreements which have been entered into by the date of the application for such access. c. The names and addresses of persons or entities with an interest in any real property proposed to be physically disturbed or crossed by the 1041 SEF, excluding mineral interests but including those holding mortgages, judgments, liens, easements, contract rights, rights -of -way, reservations, exceptions or other encumbrances, at least to the extent shown in the records of the County Clerk and Recorder or of which applicant has actual knowledge. 3. 1041 SEF Permit Map: a. The map shall be delineated on reproducible material approved by the Department of Planning Services. b. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high. c. The map shall include certificates for the property owner's signature (excepting 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 Planning Department. d. The exact scale of the map shall be determined at the time of the preapplication conference, taking into consideration the type and size of the proposed project, as well as the type and complexity of the information to be mapped. 7 e. The map shall delineate all of the required information within a one thousand (1,000) radius of the proposed Improved Area. f. The follow ing information shall be shown on the map: i. Section, township and range. ii. Scale and north arrow. iii Outline of the perimeter of the proposed Improved Area. iv. The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. v. The locations and names of all key roads, irrigation ditches and hydrographic features. 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, and the boundaries of any adjacent municipality. 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. 4. Plot Plan. A plot plan of the proposed 1041 SEF shall be drawn on the 1041 SEF Permit Map. a. The exact scale of the plot plan shall be determined at the time of the preapplication conference, taking into consideration the type and size of the proposed project, as well as the type and complexity of the information to be mapped. b. The plot plan shall outline the boundaries of the parcel being considered for the facility. O„ c. The plot plan shall include the location and identification of all of the following items which are presently existing within a two -hundred -foot radius of the boundaries of the 1041 SEF as well as within the area itself; it shall also include the proposed features and structures of the facility (some of the following may not be applicable to linear facilities): i. All public rights -of -way of record, including names. ii. All existing and structures. All utility easements or rights -of -way for telephone, gas, electric, water and sewer lines. iv. Irrigation ditches. v. Adjacent property lines and respective owners' names (may be shown on vicinity map instead). vi. All hydrographic features including streams, rivers, ponds and reservoirs (including names). vii. Topography at two -foot contour intervals or at intervals as determined necessary by the Planning Department. (Linear facilities shall include appropriate topographic data derived from USGS maps or an equivalent database.) viii. Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the uses and associated structures proposed for the parcel. ix. Location and design of storm water management devices or structures (excepting linear facilities). x. Complete traffic circulation and temporary construction parking location(s) and sizes (excepting linear facilities). xi. Location, amount, size and type of any proposed visual mitigation, including by not limited to landscaping, fencing, berms or other screening. (Linear facilities shall provide information regarding revegetation and reclamation.) xii. Location of any flood hazard, geologic hazard or mineral resource areas. xiii. Such additional information as may be reasonably required by the Planning Department, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code and any other applicable Code provision or ordinance in effect. 5. The following items and information: a. Description of the present use and zoning. b. A vicinity map with aerial image showing the following: i. The area within five (5) mile radius from the proposed 1041 SEF. ii. All existing or approved solar facilities lying within the five (5) mile radius. ii. The proposed haul route showing the Applicant's desired construction route to and from the solar facility and the nearest County designated collector or arterial roadway or nearest highway and indicate the desired new or existing access point. c. Specify, where applicable: i. The voltages and lengths of transmission lines leading out of the proposed 1041 SEF. ii. Generating capacity of the proposed 1041 SFF. iii. The location, functions and sizes of battery storage or substations associated with the proposed 1041 SEE iv. Applicable support facilities (e.g., temporary construction features, parking areas, visual mitigation, etc.) to be provided. 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. ii. Specify any future phases or extensions of the 1041 S I- F and relationship of the facility (if currently foreseen) to larger programs and plans. ill. Specify timetable for planning (e.g., federal permits, other state permits, local zoning, etc.). iv. Estimate beginning and completion of construction and beginning of operation of facility. v. Estimated end of operation of the proposed 1041 S F:F. ee Hazards and emergency procedures: i. Describe hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general public. ii. Describe hazards, if any, of environmental damage and contamination due to materials used at or activities taking place at the proposed facility. iii. Describe emergency procedures to be used in the event of fire, explosion or other event which may endanger the public health, safety and welfare. iv. Describe any prevalent natural hazards that will affect or be affected by development and describe mitigating measures to be taken to reduce danger due to such natural hazards. f. Name(s), address(es), and contact information for the applicants. g. Name and address of the fee owners of the property proposed for the 1041 SEF, if different from above. h. Legal description of the property under consideration. i. Total acreage of the parcel under consideration. J. Existing land use of the parcel under consideration. k. Existing land uses of all properties adjacent to said parcel. 1. Present zone and overlay districts. m. Signatures of the applicant and fee owners or their authorized legal agent. 6. Summarization of major natural and socioeconomic environmental constraints as they affect the site selection and construction of the proposed 1041 SEF. 7. Summarization of the effects of the proposed site selection and construction upon the natural and socioeconomic environment of the impact area as applicable to submission requirements. Included should be an analysis of impacts upon agricultural productivity and agricultural resources and upon vested water rights. 8. Analysis of the effects of the proposed site selection and construction upon the physical and socioeconomic development of the impact area during the life of the project until decommissioning/reclamation. 9. A description of a program to minimize and mitigate adverse impacts and to maximize the positive impacts of the proposed site selection and construction. 10. Analysis of water pollution impacts and control alternatives. 11. Analysis of hydrologic, geologic, pedologic, biotic, visual and noise impacts. 12. Surface Drainage Analysis. At the time of 1041 SEF application submittal, a preliminary drainage report shall be provided for review by the Weld County Department of Public Works pursuant to the requirements of Chapter 8 Article XI of this Code. Prior to applying for a Grading Permit, a final drainage report stamped and 11 signed by a Professional Engineer registered in the State of Colorado is required. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage runoff and build soil. Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is not compacted and maintained in vegetation. 13. Dust and Weed Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of 1041 SEF application submittal, which includes a description of those methods by which dust emanating from the proposed 1041 SEF and the weeds growing upon the Impacted Area will be mitigated. 14. Floodplain Mapping. On the map of the base area, or another appropriate map, indicate any flood plain associated with the proposal. Documentation of the historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain. ('dote: If the 1041 SEF location is located within a Special Flood Hazard Area identified by maps officially 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.) 15. A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be provided at the time of 1041 SET application submittal which will be signed by the party responsible for decommissioning and the landowner (if different), addressing the following: a. Decommissioning/reclamation shall commence within twelve (12) months after power production has permanently ceased and be completed within twelve (12) months from the start date of the decommissioning/reclamation work. b. All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three feet below grade shall be removed. c. All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain. d. Property shall be restored to a condition reasonably similar to its condition prior to development of the major facility. e. The developer or owner of the 1041 SEF is responsible for the decommissioning. IT Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements: 12 i. All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from the facility site; ii. All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads; iii. All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction; iv. All decommissioning/reclamation activity management, site supervision, site safety costs; v. Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site; and vi. The estimated date of submission of the Security to Weld County. go Prior to construction, an irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by this Code. The Security shall: ame the Board of County Commissioners of Weld County as the sole beneficiary of the 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 rating agency with similar credentials; iii. Include an automatic extension provision or "evergreen clause"; and iv. Be "bankruptcy remote theaning the Security will be unaffected by the bankruptcy of the 1041 SEF operator. Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to: bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. h. Access to decommissioning/reclamation fund. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation. 13 16. Any other information required by the Board of County Commissioners or the Planning Department 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. Such additional information may include, but is not limited to: a. The relationship of the project to local land use, policies and comprehensive plans and to policies and plans adopted or under preparation by federal, state, regional or other affected local governmental agencies. b. The agricultural productivity capability of the land affected by the proposal (SCS classification). c. How the proposed development will utilize existing easements or rights -of -way for any associated distribution or collector networks. d. The potential adverse effects of the proposal upon plant and animal life dependent upon the water resources in question. e. Recognized areas of geologic, historic or archeological importance by local, state, or federal governments. f. Key locations within a half -mile radius where the facility can be viewed from and its proximity to residences, including proposed Mitigation strategy. g. Submission of a wildlife mitigation plan, if applicable. h. Transportation construction impacts: i. Describe what impacts construction of the project will have upon transportation patterns in the area intended to be served or affected by the proposal. ii. Describe the potential construction impact on roads within the County. iii. Identify improvements required to any roads within the County in order to serve the project adequately. A haul route map and agreement to mitigate construction traffic impacts to the area surrounding the proposed 1041 SEF may be required. i. Less damaging alternatives: i. If the Planning Department determines that the nature or extent of the proposal involves the potential for environmental damage or warrants examination of specific, less environmentally damaging alternatives, the Planning Department 14 may request that the Board require the applicant evaluate and present information on such alternatives as part of the application. ii. Required information on alternatives may include, but shall not necessarily be limited to, information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented. iii. Presentation of design alternatives concerning access, visual mitigation, architectural controls and so forth. C. Waiver of submittal requirements. Specific submittal requirements may be waived by the Department of Planning Services, as warranted depending upon the circumstances as determined by the Planning Director. Sec. 21-6-340. Development standards for a 1041 SEF. A. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. B. Glare. 1041 SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day. C. Setbacks. The Improved Area of the 1041 SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services. D. Dust mitigation. The operators of the 1041 SEF shall continuously employ the practices for control of fugitive dust detailed in their dust mitigation plan submitted as required by Section 21-6-330 B.13. of this Code. E. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). 15 F. Fencing. The 1041 SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. G. Stormwater management. The Operator of the 1041 SEF shall submit a drainage report to comply with required Storm Drainage Criteria pursuant to_Chapter 8, Article XI of this Code. Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be applicable pursuant to_Chapter 8, Article IX of this Code. Pursuant to Sec. 21-6- 330 B.12. of this Code, Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is not compacted and maintained in vegetation H. Access permit. Prior to construction of the 1041 SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article XIV of Chapter 8 of this Code. Sec. 21-6-350. - Approval of permit application. A. The Board of County Commissioners may approve an application for permit for site selection and construction of 1041 SET (with reasonable conditions, if any, in the discretion of the Board of County Commissioners) only if the proposed site selection and construction complies with the following criteria, to the extent applicable, and taking into consideration the purpose and intent of these 1041 SEF Regulations, as set forth in Section 21-6-10: (The Board may rely upon the findings and approvals of other governmental entities having jurisdiction over those criteria listed below with respect to their environmental determinations or regulatory compliance.) 1. The health, safety, and welfare of the citizens of the County will be protected and served. 2. The natural and socio-economic environment of the County will be protected or enhanced. 3. All reasonable alternatives to the proposed action, including use of existing rights -of - way and joint use of rights -of -way wherever uses are compatible, have been adequately presented. 4. The proposed action is compatible with and represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area. 5. A satisfactory program to mitigate and minimize adverse impacts has been presented, including decommissioning and reclamation. 16 6. The nature and location or expansion of the facility complies with all applicable provisions of the master plan of this County and service areas, and other applicable regional, metropolitan, state and national plans. 7. The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services, nor will not create an expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners. 8. The nature and location of the facility or expansion will not unduly interfere with existing easements, rights -of -way, other utilities, canals, mineral claims or roads. 9. Adequate utilities exist or shall be developed to service the site, as necessary. 10. The nature and location for expansion of the facility will not unduly interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or historic landmark within the impact area. 11. The geological and topographic features of the site are adequate for all construction, clearing, grading, drainage, vegetation and other needs of the facility construction or expansion. 12. The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels. 13. The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, lakes and reservoirs in the impact area. 14. The benefits of the proposed developments over the life of the project outweigh the temporary losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. 15. The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral access rights and easements for drainage, utilities, access, etc. If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a building permit by the County. 16. The proposed project will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. B. The Board may impose mitigation requirements and conditions on an applicant, as follows: 17 1 o The Board shall make findings that each such requirement and condition is necessary to ensure that the proposed project will not result in adverse net effect on the resources, values and conditions referenced above. 2. The Board shall also find 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. 4e The Board shall base the additional requirements and conditions on applicable design standards as adopted by the County, to the extent that such standards then exist. Division 4 — Violation and Enforcement; Abandonment of a 1041 SEF. Sec. 21-6-400. - Violation and Enforcement. Any person, firm, corporation, or other entity who maintains or operates of who controls the maintenance of a 1041 SEF in violation of this article shall be guilty of a misdemeanor and subject ect toprosecution, and if convicted, shall bepunished by a fine not to exceed $ 5 0 0 00 or b J � by / imprisonment not to exceed'30days, or both, in the discretion of the court. Each day that said 1041 SEF shall be maintained CNA operated in violation of this article shall constitute a separate and distinct offense. This Article VI may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. It may be enforced by injunction and order of abatement. The County may apply for a mandatory or prohibitory injunction and order of abatement commanding the violator to correct any unlawful condition upon or cease the unlawful use of ese property. The County may request an order of abatement as part of a judgment in the cause any --s may request the court to close, demolish or remove buildings or other structures or take any other action that is necessary to bring the 1041 SEF into compliance with this article. This Article VI may be enforced by any one or more of the remedies authorized herein. Sec. 21-6-410. - Abandonment. A 1041 SEF that ceases to produce energy on a continuous basis for twelve (12) months will be considered abandoned, unless the operator of the 1041 S EF or the owner of the underlying property provides substantial evidence, updated every six (6) months after initial submission of evidence, to the Planning Director or his designee of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the operator of the 1041 SEF or the owner of the underlying property to accomplish required decommissioning/reclamation of the 1041 Si A. Upon determination of abandonment, the Planning Director shall notify the operator of the 1041 SEF or the owner of the underlying property that they must remove the 1041 18 SEF and comply with the decommissioning/reclamation requirements of this Article VI, within 360 days of notice by the Planning Director or his designee. B. If the operator of the 1041 SEF or the owner of the underlying property fails to comply, the Planning Director or his designee may remove the 1041 SEF, sell any removed materials, and draw upon the financial assurance required by this Article VI to accomplish required decommissioning/reclamation of the 1041 SEF. 19 RESOLUTION RE: DIRECTING THE CLERK TO THE BOARD TO HAVE PUBLISHED A NOTICE OF INTENT TO DESIGNATE THE SITE SELECTION AND CONSTRUCTION OF SOLAR ENERGY FACILITIES GREATER THAN 160 ACRES IN SIZE WITHIN THE NEAR -URBAN AREA OF UNINCORPORATED WELD COUNTY, COLORADO, AND THE SITE SELECTION AND CONSTRUCTION OF SOLAR ENERGY FACILITIES GREATER THAN 320 ACRES IN THE AG -RURAL AREA OF UNINCORPORATED WELD COUNTY, COLORADO, AS ACTIVITIES OF STATE INTEREST, PURSUANT TO G.R.S. §24-65.1-203(1)(f), AND SETTING OF A PUBLIC HEARING REGARDING SUCH DESIGNATIONS 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, pursuant to C.R.S. §24-65.1-401, the Board of County Commissioners has the authority to designate "matters of state interest" in Weld County, which may then be subject to guidelines and regulations promulgated by the Board, pursuant to C.R.S. §24-65.1-402, and WHEREAS, the Board desires to conduct a public hearing on June 14, 2021, to consider designating the site selection and construction of solar energy facilities greater than 160 acres in size within the Near -Urban Area of unincorporated Weld County, Colorado, and the site selection and construction of solar energy facilities greater than 320 acres in the Ag-Rural Area of unincorporated Weld County, Colorado, as Activities of State Interest, pursuant to C.R.S. §24-65.1-203(1)(f), and WHEREAS, pursuant to C.R.S. §24-65.1-404(2)(a), the Board is required to publish notice of said public hearing in a newspaper of general circulation in Weld County at least thirty (30) days and not more than sixty (60) days prior thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Clerk to the Board be, and hereby is, directed to have published in the County Newspaper on April 30, 2021, notice that the Board intends to designate the site selection and construction of solar energy facilities greater than 160 acres in size within the Near -Urban Area of unincorporated Weld County, Colorado, and the site selection and construction of solar energy facilities greater than 320 acres in the Ag-Rural Area of unincorporated Weld County, Colorado, as Activities of State Interest, pursuant to C.R.S. §24-65.1-203(1)(f). BE IT FURTHER RESOLVED by the Board that a public hearing to consider such designation be, and hereby is, set for June 14, 2021, at 9:00 a.m., in the Centennial Hearing Room located in the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, further directed to include in the notice of intent to designate the above stated information regarding the date, time, and place of said public hearing. cc:CAC66/5n, FIccw), GT(3CEG), PLC CP) OS/o6 /2 2021-1122 BC0055 SETTING OF DESIGNATION HEARING AND DIRECTION TO CLERK TO THE BOARD FOR PUBLICATION OF NOTICE OF HEARING PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of April, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board b BY: /'` Deputy Clerk to the AP County : orney Date of signature: QS IO "f % Steve M• `eno, Chair Lori Sa 2021-1122 BC0055 NOTICE Pursuant to the provisions of C.R.S. §24-65.1-401 and the Weld County Code, the Board of County Commissioners has the authority to designate "matters of state interest" in Weld County, which may then be subject to guidelines and regulations promulgated by the Board, pursuant to C.R.S. §24-65.1-402. A public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Centennial Hearing Room, Greeley, Colorado 80631, at the time specified, for the Board of County Commissioners to consider designating the Site Selection and Construction of Solar Energy Facilities greater than 160 acres in size within the Near -Urban Area of unincorporated Weld County, Colorado, and the Site Selection and Construction of Solar Energy Facilities greater than 320 acres in the Ag-Rural Area of unincorporated Weld County, Colorado, as Activities of State Interest, pursuant to C.R.S. §24-65.1-203(1)(f). If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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. Materials regarding the designation matter to be considered may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DOCKET #: 2021-39 DATE: June 14, 2021 TIME: 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 28, 2021 PUBLISHED: April 30, 2021, in the Greeley Tribune 2021-1122 NOTICE Pursuant to the provisions of C.R.S. §.24-65.1-401 and the Weld County Code, the Board of County Commissioners has the authority to designate "matters of state interest" in Weld Coun- ty, which may then be subject to guidelines and regulations pro- mulgated by the Board, pursuant to C.R.S. §24-65.1-402. A public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Admin- istration Building, 1150 O Street, Centennial Hearing Room Greeley, Colorado 80631, at the time specified, for the Board of County Commissioners to consider designating the Site Selec- tion and Construction of Solar Energy Facilities greater than 160 acres in size within the Near -Urban Area of unincorporated Weld County, Colorado, and the Site Selection and Construction of So- lar Energy Facilities greater than 320 acres In the Ag-Rural Area of unincorporated Weld County, Colorado, as Activities of State Interest, pursuant to C.RS. §24-65.1.203(1)(f). if a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- pate in this hearing, please contact the Clerk to the Board's Of- fice at (970) 4004225, prior to the day of the hearing. Materials regarding the designation matter to be consid- ered may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley,Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesickMweldgov-com. DOCKET #: 2021-39 DATE: June 14, 2021 TIME: 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD coLNTY, COLORADO DATED: April 28.2021 PUBLISHED: April 30, 2021, in the Greeley Tribune - 1796156 Prairie Mountain edia, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Melissa Najera , 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): Apr 30, 2021 Subscribed and swor to me before me this day of Notary Public (SEAL) Si-IAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES JULY 31, 2021 Account: Ad Number: Fee: 1099690 1796156 $14.82 i.4 ARTICLE VI - Site Selection and Construction of 1041 Solar Energy Facilities (as Major Facilities of a Public Utility) Division 1 - General and Introductory Provisions Sec. 21-6-10. - Purpose and intent. The regulations (referred to herein as "1041 SEF Regulations") set forth in this Article VI are made pursuant to the authority granted Weld County in the Colorado Areas and Activities of State Interest Act ("AASIA"), C.R.S. §sS 24-65.1-101, et seq.; specifically, in accordance with C.R.S. § 24-65.1-203 ("Site Selection And Construction of Major Facilities of a Public Utility") and C.R.S. § 29-20-108 (if applicable) ("Major Electrical or Natural Gas Facilities"). The purpose and intent of the regulations contained in this Article VI is to: A. Encourage planned and orderly development of solar energy facilities, as defined herein; B. Provide for present and future electrical needs of oil and gas, agriculture, industry, business, residential and recreation; C. Encourage use of land in a manner which ensures return to original productivity and character upon cessation of such use; D. Ensure coordination and compatibility between large size solar energy facilities and agriculture; E. Conserve soil and agricultural resources; F. Protect the environment, cultural and historic resources, and wildlife; G. Promote the efficient and economic use of public resources; H. Balance the protection, mitigation of damage to and enhancement of environmental resources with the electrical energy needs of development; I. Promote efficient and economic use of public resources; J. Avoid or reduce direct conflicts with adopted local government, regional and state master plans; and K. Protect the health and welfare of the citizens of Weld County. This Article is not intended to abridge safety, health or environmental requirements contained in other applicable codes, standards, or ordinances. The provisions of this Article shall not be deemed to nullify any provisions of local, State or Federal law. 1 Sec. 21-6-20. - Definitions. In addition to the terms defined in Section 21 -1-90 of this Code, the following terms specific to the designation of site selection and construction of 1041 Solar Energy Facilities (as major facilities of a public utility) shall be construed to have the meanings set forth as follows: Abandonment: means To -to give up, discontinue, or withdraw from. Any 1041 Solar Energy Facility that ceases to produce energy on a continuous basis for twelve (12) months will be considered abandoned. Decommissioning/Reclamation Plan: means A a document that details the planned shut down of a 1041 Solar Energy Facility from operation or use; removal of all equipment, cables, foundations, and other infrastructure; and reclamation of the site to its original condition, including return of top soils, if necessary. Fence: means a continuous barrier extending from the surface of the ground to a uniform height of not less than six (6) feet from the ground at any given point, consisting of chain link or, if specified, of an impervious material. Improved area: an means the area containing soar ffae e s r ea8sthe 1041 SE I5. a I_ e c Mitigation: means to avoid adverse impacts to public health, safety, environment and wildlife resources, including cumulative impacts where practicable: 1. Avoiding an impact by not taking a certain action or parts of an action. 2. Minimizing impacts by limiting or consolidating the extent, degree or magnitude of the action or its implementation. 3. Reducing or eliminating the impact over time by preservation and maintenance operations. 4. Compensating for impacts by replacing or providing suitable biological and/or physical conditions; and by replacing or providing suitable public services and facilities, where applicable. 5. Compliance with reasonable conditions and development standards. Public utility: means an entity defined in C.R.S. § 40-1-103. Security: means an irrevocable standby letter of credit, bond, or alternative form of financial security in an amount sufficient to fund the estimated decommissioning and reclamation costs required pursuant to this Code. 2 Site selection: means the process for determining the location of 1041 SEF or the expansion of existing 1041 S FF. Solar array: means an active solar energy system that converts sunlight into electricity using either thermal or photovoltaic methods. Such a system has multiple solar collectors, wiring, racking and might include other appurtenant structures and/or facilities. Solar collector or solar panel: means a device that converts sunlight into electricity using either thermal or photovoltaic methods. Solar energy facility [SEll]: means a commercial facility whose primary purpose is to supply electricity and consists of one or more solar arrays and other accessory structures, equipment, and buildings, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities. A 1041 SEF is only allowed by permit, pursuant to this Article VI, and shall have an Improved Area of more than one -hundred sixty (160) eighty (80) acres in the Near/Urban Area as shown on Appendix 21-B, or more than enethree-hundred &Ley twenty (4-60320) acres in the Ag/Rural Area as shown on Appendix 21-B.'[Ai] Sec. 21-6-30. - Applicability. These 1041 SEF Regulations shall apply to site selection, construction, and operation of 1041 SEF's to be located in all zone districts within the unincorporated territory of the County. No 1041 SEF Permit shall be required for existing approved USR SEF's as of the effective date of this Article VI. However, if changes are submitted to the Weld County Planning Department which would materially expand the Improved Area beyond one -hundred sixty (160) eighty (80) acres in the Near/Urban Area as shown on Appendix 21-B, or more than onethree-hundred sixty twenty (440320) acres in the Ag/Rural Area as shown on Appendix 21-B, this exemption will not apply. [A2]N o 1041 SEF shall be required for: A. Routine Solar Facility operations and maintenance including, but not limited to, normal repairs -and maintenance, like kind replacement of equipment or compliance with State or F ederal orders or regsulations. B. Surface disturbance that does not increase the Improved Area by more than ten (10) percent of the original footprint. Sec. 21-6-40. - Relationship of 1041 SEF Regulations to other county, state, and federal requirements affecting 1041 SEF's. A. Nothing in these 1041 S HF Regulations shall be construed as exempting an applicant for a permit from any other requirements of this County or other state, or federal laws and regulations. 3 B. To the extent that the requirements of these 1041 SEF Regulations differ from any other applicable requirements, the more restrictive requirements shall apply. Division 2 - Designation of Site Selection and Construction of 1041 SEF's as an Activity of State Interest. Sec. 21-6-200. - Designation of site selection and construction of 1041 SEF's as an activity of State Interest. The Board of County Commissioners, having considered the intensity of current and foreseeable development pressures and the provisions and requirements of these 1041 SEF Regulations, orders that the designation made by the Board on , 2021,of site selection and construction of a 1041 SEF as an activity of State Interest, be and hereby is ratified and confirmed and that this activity shall be regulated pursuant to the provisions of this Article VI of Chapter 21 of the Weld County Code. Sec. 21-6-210. - Boundaries of area covered by designation. The site selection and construction of any 1041 SEF, as defined herein, being wholly or partially within the boundaries unincorporated territory of the County, shall be subject to this designation and these 1041 SILT Regulations. Sec. 21-6-220. - Reasons for designation. The site selection and construction of any 1041 SEF, as defined herein, is hereby designated as a matter of State Interest for the reasons stated in Section 21-6-10 of this Chapter. Division 3 - Permit for Site Selection and Construction of a 1041 SEF. Sec. 21-6-300. - Prohibition on site selection and construction of a 1041 SEF without a 1041 permit issued pursuant to these 1041 SEF Regulations. A. No person or local authority may locate and construct a 1041 S HF wholly or partially within the unincorporated portions of this County without first obtaining a permit pursuant to these 1041 SEF Regulations. Modifications to an existing 1041 SEF that increases the Improved Area by more than ten (10) percent of the original footprint shall require an amendment of the existing 1041 SEF pursuant to the provisions of this Article VI. Sec. 21-6-310. - Procedural requirements. A. The procedures concerning permit applications, notice and conduct of permit hearings, judicial review of Board & yr the -County Commissioners decisions and issuance and content of permits for selecting a site and constructing any 1041 SEF ss are within the provisions set forth in Article II, Chapter 21 of this Code, together with the additional regulations set forth in this Article VI and C.R.S. § 29-20-108 (if applicable). 4 B. Prior to the preapplication conference, the applicant may meet with the Planning Department to discuss and outline the project. The purpose of the meeting is to discuss general information pertinent to the project, identify any major problems and define issues in order to direct the data gathering and assessment that are to accompany the future application. No record shall be maintained of this meeting and neither party shall be bound by plans, statements or positions discussed at the meeting. 1. If, as a result of the meeting, the Planning Department determines that the nature or extent of the proposal involves the potential for significant environmental damage or warrants examination of specific, less environmentally damaging alternatives, the Planning Department may request that the applicant evaluate and present information on such alternatives as part of the application. This shall not preclude a similar request following the preapplication conference. 2. Required information on alternatives may include, but shall not necessarily be limited to, information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented. C. To minimize expenditures of time and money by all concerned, an application for a permit to locate and construct 1041 SEF must begin with a preapplication conference with the Planning Department. D. The requirements of these 1041 SEF Regulations shall not be deemed to waive the requirements of C.R.S. §§ 40-5-101 et seq., if applicable, that a public utility obtain a certificate of public convenience and necessity. E. Available documents, studies, or reviews by the applicant or regulatory agencies will be utilized whenever possible by the County in its review in order to minimize duplication and promote the timely review of the permit application. Sec. 21-6-320. - Preapplication conference. A. Prior to formal filing of the application, the applicant shall confer with the staff person assigned to the case by the Planning Department to obtain information and guidance. The purpose of such a conference is to permit the applicant and the staff to review the proposal informally. This meeting shall take place within fourteen (14) days of the submitted request. B. Topics of discussion shall include, but not be limited to: 1. Characteristics of the proposed 1041 SEF, including its location or potential location, significant natural and man-made features with particular attention to natural hazard, resource or other special areas; the size and accessibility of the site; surrounding development and land uses; and its potential impact on surrounding areas, including potential environmental effects and planned Mitigation strategies. 5 2. The nature and extent of the proposed 1041 SEF, including land use types and their densities; placement of proposed solar panels and associated equipment; the preservation of natural features; proposed construction and operations areas, and internal circulation system; and the total ground coverage of paved areas and structures. 3. Community policy considerations including the review process and likely conformity of the proposed development with the policies and requirements of these 1041 SEF Regulations {A3]. 4. Applicable regulations, review procedures and submission requirements. 5. Other regulatory reviews or procedures to which the applicant is subject, the applicant's time frame for the project, t requests waiver of the preliminary and other concerns of the applicant. C. Any comments or commitments made by any member of the County administration as to the merits of the substance of the application during this preapplication conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made by staff until after the application is submitted and adjacent or nearby property owners and referral agencies have had an opportunity to respond, if applicable. D. County staff will make available to the applicant any public information concerning the application which is in the County's possession. E. The Planning Department shall consider the County's application requirements for the project, and shall notify the applicant either at the pre -application conference or within ten (10) days thereafter in writing of such requirements, including, but not limited to, the extent of interest holders to receive notification of the project under Section 21-2-250 of this Code and other applicable sections, the extent of the project area to be considered, the submittal requirements that may be waived by the County, and any particular submittal requirements in addition to those specified in these 1041 SEF Regulations. Sec. 21-6-330. - Application submittal requirements. A. These application submittal requirements shall apply to all applications for a development permit for a 1041 SEF, except for requirements which have been waived as provided in these 1041 SEF Regulations. B. Submittal requirements for all applications for a development permit for a 1041 SEF, where applicable: 1. The following are general requirements for any map or plan required hereunder. Minimum requirements include: 6 a. The name of the proposed 1041 SEF and the total number of acres under consideration. b. Because all maps and plans may be used for public presentation, the map scale and size should be large enough for effective presentation and should accurately illustrate the application. c. The name, address and telephone number of the applicant, designer, engineer, surveyor and any other consultants of the applicant. d. The date of preparation, revision box, written scale, graphic scale and north arrow for each map. 2. The applicant must provide the following information concerning the project site: 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 he physical lam-taontain the Improved Area. b. The planned access to the project site and the means the applicant intends to use to obtain a legal right to utilize such access, including copies of any access or right- of-way agreements which have been entered into by the date of the application for such access. c. The names and addresses of persons or entities with an interest in any real property proposed to be physically disturbed or crossed by the 1041 SEF, excluding mineral interests but including those holding mortgages, judgments, liens, easements, contract rights, rights -of -way, reservations, exceptions or other encumbrances, at least to the extent shown in the records of the County Clerk and Recorder or of which applicant has actual knowledge. 3. 1041 SET Permit Map: a. The map shall be delineated on reproducible material approved by the Department of Planning Services. b. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high. c. The map shall include certificates for the property owner's signature (excepting linear facilities), the Planning Commission, the Board of County Commissioners and the Clerk to the r oard. The required content of the certificates is available from the Planning Department. d. The exact scale of the map shall be determined at the time of the preapplication conference, taking into consideration the type and size of the proposed project, as well as the type and complexity of the information to be mapped. ee The map shall delineate all of the required information within a one thousand (1,000) radius of the proposed 1041 S E roved Area. f. The following information shall be shown on the map: i. Section, township and range. ii. Scale and north arrow. iii Outline of the perimeter of the proposed -10 4 -FImproved Area. iv. The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. v. The locations and names of all key roads, irrigation ditches and water hydrographic features. vi. The location of all existing residences and platted lots within a one thousand (1,000) foot radius of the proposed 1041 S FF, existing and proposed accesses to the property, and the boundaries of any adjacent municipality. vii. Any other relevant information within a one -half -mile distance of the perimeter of the proposed 1041 SET as may be reasonably required by the County to meet the intent and purpose of this Chapter. 4. Plot Plan. A plot plan of the proposed 1041 S FF shall be drawn on the 1041 SEF Permit Map. a. The exact scale of the plot plan shall be determined at the time of the preapplication conference, taking into consideration the type and size of the proposed project, as well as the type and complexity of the information to be mapped. b. The plot plan shall outline the boundaries of the parcel being considered for the facility c. The plot plan shall include the location and identification of all of the following items which are presently existing within a two -hundred -foot radius of the boundaries of the 1041 S _ ,F as well as within the area itself; it shall also include the proposed features and structures of the facility (some of the following may not be applicable to linear facilities): i. All public rights -of -way of record, including names. ii. All existing and structures. iii. All utility easements or rights -of -way for telephone, gas, electric, water and sewer lines. iv. Irrigation ditches. v. Adjacent property lines and respective owners' names (may be shown on vicinity map instead). vi. All hydrographic features including streams, rivers, ponds and reservoirs (including names). vii. Topography at two -foot contour intervals or at intervals as determined necessary by the Planning Department. (Linear facilities shall include appropriate topographic data derived from USGS maps or an equivalent database.) viii. Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the uses and associated structures proposed for the parcel. ix. Location and design of storm water management devices or structures (excepting linear facilities). x. Complete traffic circulation and temporary construction parking location(s) and sizes (excepting linear facilities). xi. Location, amount, size and type of any proposed visual mitigation, including by not limited to landscaping, fencing, berms or other screening. (Linear facilities shall provide information regarding revegetation and reclamation.) xii. Location of any flood hazard, geologic hazard or mineral resource areas. xiii. Such additional information as may be reasonably required by the Planning Department, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code and any other applicable Code provision or ordinance in effect. 5. The following items and information: a. Description of the present use and zoning. 9 b. A vicinity map with aerial image showing the following: i. The area within five (5) mile radius from the proposed 1041 S HF. ii. All existing or approved solar facilities lying within the five (5) mile radius. ii. The proposed haul route showing the Applicant's desired construction route to and from the solar facility and the nearest County designated collector or arterial roadway or nearest highway and indicate the desired new or existing access point. c. Specify, where applicable: i. The voltages and lengths of transmission lines leading is -out of the proposed 1041 SEE ii. Generating capacity of the proposed 1041 SET. iii. The location, functions and sizes of battery storage or substations associated with the proposed 1041 SEE iv. Applicable support facilities (e.g., temporary construction features, parking areas, visual mitigation, etc.) to be provided. .. 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. ii. Specify any future phases or extensions of the 1041 SEF and relationship of the facility (if currently foreseen) to larger programs and plans. iii. Specify timetable for planning (e.g., federal permits, other state permits, local zoning, etc.). iv. Estimate beginning and completion of construction and beginning of operation of facility. v. Estimated end of operation of the proposed 1041 SEE ge. Hazards and emergency procedures: i. Describe hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general public. 10 ii. Describe hazards, if any, of environmental damage and contamination due to materials used at or activities taking place at the proposed facility. iii. Describe emergency procedures to be used in the event of fire, explosion or other event which may endanger the public health, safety and welfare. iv. Describe any prevalent natural hazards that will affect or be affected by development and describe mitigating measures to be taken to reduce danger due to such natural hazards. %. Name(s), address(es), and contact information for the applicants. ego Name and address of the fee owners of the property proposed for the 1041 SEF, if different from above. Legal description of the property under consideration. Id. Total acreage of the parcel under consideration. 1. Existing land use of the parcel under consideration. fk. Existing land uses of all properties adjacent to said parcel. Present zone and overlay districts. am. Signatures of the applicant and fee owners or their authorized legal agent. 6. Summarization of major natural and socioeconomic environmental constraints as they affect the site selection and construction of the proposed 1041 SEF. 7. Summarization of the effects of the proposed site selection and construction upon the natural and socioeconomic environment of the impact area as applicable to submission requirements. Included should be an analysis of impacts upon agricultural productivity and agricultural resources and upon vested water rights. 8. Analysis of the effects of the proposed site selection and construction upon the physical and socioeconomic development of the impact area during the life of the project until decommissioning/reclamation. 9. A description of a program to minimize and mitigate adverse impacts and to maximize the positive impacts of the proposed site selection and construction. 10. Analysis of water pollution impacts and control alternatives. 11. Analysis of hydrologic, geologic, pedologic, biotic, visual and noise impacts. 11 12. Surface Drainage Analysis. At the time of 1041 SEF application submittal, a preliminary drainage report shall be provided for review by the Weld County Department of Public Works pursuant to the requirements of Chapter 8 Article XI of this Code. Prior to applying for a Grading Permit, a final drainage report stamped and signed by a Professional Engineer registered in the State of Colorado is required. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage runoff and build soil. Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is not compacted and maintained in vegetation. 13. Dust and Weed Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of 1041 S HT application submittal, which includes a description of those methods by which dust emanating from the proposed 1041 S H:F and the weeds growing upon the Impacted Area will be mitigated. 14. Floodplain Mapping. On the map of the base area, or another appropriate map, indicate any flood plain associated with the proposal. Documentation of the historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain. (Note: If the 1041 SEF location is located within a Special Flood Hazard Area identified by maps officially 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.) 15. A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be provided at the time of 1041 SET application submittal which will be signed by the party responsible for decommissioning and the landowner (if different), addressing the following: a. Decommissioning/reclamation shall be completedcornmence within twelve (12) months after power production has permanently ceased and be completed within twelve (12) months from the start date of the decommissioning/reclamation work. b. All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three feet below grade shall be removed. c. All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain. d. Property shall be restored to a condition reasonably similar to its condition prior to development of the major facility e. The developer or owner of the 1041 S E:F is responsible for the decommissioning. f. Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement recycling, and safe disposal of facility components and site reclamation activities, including the following elements: i. All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from the facility site; ii. All costs associated with full rest{;ration reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads; iii. All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially the same a:ssimilar to the condition it was before construction; iv. All decommissioning/reclamation activity management, site supervision, site safety costs; . _ d v. Any other costs, including administrative costs, t -s associated with the decommissioning and e ratiemreclamation of the facility site; and vi 9 The estimated date of submission of the Security to Weld County. g. Prior to construction, an irrevocable standby letter of credit, bond, or alternate form of - naminei-al S-eC :ri ty Security in an amount sufficient to fund the estimated decommissioning/reclamation and s4L restorat`F °n —costs developed pursuant torequired by this Code. The 1 --=:ti: e tSecurity shall: i. Name the Board of County Commissioners of Weld County as the sole beneficiary of the 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 rating agency with similar credentials; iii. Include an automatic extension provision or "evergreen clause"; and iv. Be "bankruptcy remote.", meaning the Security will be unaffected b the bankruptcy of the 1041 SE ' operator. Weld County, in its sole discretion, may approve alternative forms of financial sec -rites Security such as, but not limited to: p formance bonds, letters of credit, a carpomte guara t c9 or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. 13 h. Access to decommissioning/reclamation fund. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation. 16. Any other information required by the Board of County Commissioners or the Planning Department 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. Such additional information may include, but is not limited to: a. The relationship of the project to local land use, policies and comprehensive plans and to policies and plans adopted or under preparation by federal, state, regional or other affected local governmental agencies. b. The agricultural productivity capability of the land affected by the proposal (SCS classification). c. How the proposed development will utilize existing easements or rights -of -way for any associated distribution or collector networks. d. The potential adverse effects of the proposal upon plant and animal life dependent upon the water resources in question. e. Recognized areas of geologic, historic or archeological importance by local, state, or federal governments. f. Key locations within a half -mile radius where the facility can be viewed from and its proximity to residences, including proposed Mitigation strategy. g. Submission of a wildlife mitigation plan, if applicable. h. Transportation construction impacts: i. Describe what impacts construction of the project will have upon transportation patterns in the area intended to be served or affected by the proposal. ii. Describe the potential construction impact on roads within the County. iii. Identify improvements required to any roads within the County in order to serve the project adequately. A haul route map and agreement to mitigate construction traffic impacts to the area surrounding the proposed 1041 SET may be required. 14 i. Less damaging alternatives: is If the Planning Department determines that the nature or extent of the proposal involves the potential for environmental damage or warrants examination of specific, less environmentally damaging alternatives, the Planning Department may request that the Board require the applicant evaluate and present information on such alternatives as part of the application. ii. Required information on alternatives may include, but shall not necessarily be limited to, information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented. iii. Presentation of design alternatives concerning access, visual mitigation, architectural controls and so forth. C. Waiver of submittal requirements. Specific submittal requirements may be waived by the Department of Planning Services, as warranted depending upon the circumstances as determined by the Planning Director. Sec. 21-6-340. Development standards for a 1041 SEE A. Height limitation. Ground -mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation. B. Glare. 1041 SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day. C. Setbacks. The .ip ,,t wd T_ Apr oved area Area of the 1041 S _ I iF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. 'the residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services. D. Dust mitigation. The operators of the 1041 SET shall continuously employ the practices for control of fugitive dust detailed in their dust mitigation plan submitted as required by Section 21-6-330 B.11 of this Code. 15 E. Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than -our (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary). F. Fencing. The 1041 S EF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein. G. Stormwater management. The Operator of the 1041 SET shall submit a drainage report to comply with required Storm Drainage Criteria pursuant to_Chapter 8, Article XI of this Code. Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be applicable pursuant to_Chapter 8, Article IX of this Code. Pursuant to Seca 21-6- 330 B.12. of this Code, Ground -mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is not compacted and maintained in vegetation H. Access permit. Prior to construction of the 1041 SET, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article XIV of Chapter 8 of this Code. . Sec. 21-6-350. - Approval of permit application. A. The Board of County Commissioners may approve an application for permit for site selection and construction of 1041 S I -IT (with reasonable conditions, if any, in the discretion of the Board of County Commissioners) only if the proposed site selection and construction complies with the following criteria, to the extent applicable, and taking into consideration the purpose and intent of these 1041 SEF Regulations, as set forth in Section 21-6-10: (The Board may rely upon the findings and approvals of other governmental entities having jurisdiction over those criteria listed below with respect to their environmental determinations or regulatory compliance.) 1. The health, safety, and welfare of the citizens of the County will be protected and served. 2. The natural and socio-economic environment of the County will be protected or enhanced. 3. All reasonable alternatives to the proposed action, including use of existing rights -of - way and joint use of rights -of -way wherever uses are compatible, have been adequately presented. 16 4. The proposed action is compatible with and represents the best interests of the people of the County and represents a fair and reasonable utilization of resources in the impact area. 5. A satisfactory program to mitigate and minimize adverse impacts has been presented, including decommissioning and reclamation. 6. The nature and location or expansion of the facility complies with all applicable provisions of the master plan of this County and service areas, and other applicable regional, metropolitan, state and national plans. 7. The nature and location or expansion of the facility does not unduly or unreasonably impact existing community services, nor will not create an expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services, as determined by the Board of County Commissioners. 8. The nature and location of the facility or expansion will not unduly interfere with existing easements, rights -of -way, other utilities, canals, mineral claims or roads. 9. Adequate utilities exist or shall be developed to service the site, as necessary. 10. The nature and location for expansion of the facility will not unduly interfere with any significant wildlife habitat or adversely affect any endangered wildlife species, unique natural resource or historic landmark within the impact area. 11. The geological and topographic features of the site are adequate for all construction, clearing, grading, drainage, vegetation and other needs of the facility construction or expansion. 12. The existing water quality of affected state waters will not be degraded below state and federal standards or established baseline levels. 13. The proposed project will not have a significantly adverse net effect on the capacities or functioning of streams, lakes and reservoirs in the impact area. 14. The benefits of the proposed developments over the life of the project outweigh the temporary losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development. 15. The applicant has obtained or will obtain all property rights, permits and approvals necessary for the proposed project, including surface, mineral access rights and easements for drainage, utilities, access, etc. If the applicant has not obtained all necessary property rights, permits and approvals, the Board may, at its discretion, grant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a building permit by the County. 17 16. The proposed project will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. 17. If e -p s d -e-d r _ - ° to -meet the]. periulao-n within the Coi the are an suer -unity dev population trends demonstrate -dearly a need for such develop n o creasing ns and B. The Board may impose mitigation requirements and conditions on an applicant, as follows: 1. The Board shall make findings that each such requirement and condition is necessary to ensure that the proposed project will not result in adverse net effect on the resources, values and conditions referenced above. 2. The Board shall also find -that each such requirement and condition is necessitated by the proposed project. 3. All such findings shall be based on material in the administrative record. 4. The Board shall base the additional requirements and conditions on applicable design standards as adopted by the County, to the extent that such standards then exist Division 4 — Violation and Enforcement; Abandonment of a 1041 SEF. Sec. 21-6-400. - Violation and Enforcement. Any person, firm, corporation, or other entity who maintains or operates or who controls the maintenance of a 1041 SEF in violation of this article shall be guilty of a misdemeanor and subject to prosecution, and if convicted, shall be punished by a fine not to exceed $50.00 or by imprisonment not to exceed 30 days, or both, in the discretion of the court. Each day that said 1041 SEF shall be maintained or operated in violation of this article shall constitute a separate and distinct offense. This Article VI may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. It may be enforced by injunction and order of abatement. The County may apply for a mandatory or prohibitory injunction and order of abatement commanding the violator to correct any unlawful condition upon or cease the unlawful use of property. The County may request an order of abatement as part of a judgment in the cause any may request the court to close, demolish or remove buildings or other structures or take any other action that is necessary to bring the 1041 SEF into compliance with this article. This Article VI may be enforced by any one or more of the remedies authorized herein. Sec. 21-6-410. - Abandonment. A 1041 SEF that ceases to produce energy on a continuous basis for twelve (12) months will be considered abandoned, unless the operator of the 1041 SEF or the owner of the 18 underlying property provides substantial evidence, updated every six (6) months after initial submission of evidence, to the Planning Director or his designee of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the operator of the 1041 S _ HF or the owner of the underlying property to r eme`ve accomplish required decommissioning/reclamation of the 1041 SET A. Upon determination of abandonment, the Planning Director shall notify the operator of the 1041 S HF or the owner of the underlying property that they must remove the 1041 SIT and comply with the decommissioning/reclamation requirements of this Article VI, within 360 days of notice by the Planning Director or his designee. B. If the operator of the 1041 S _ :F or the owner of the underlying property fails to comply, the Planning Director or his designee may remove the 1041 SEX, sell any removed materials, and draw upon the financial assurance required by this Article VI to accomplish required decommissioning/reclamation of the 1041 SEE 19 Cheryl Hoffman From: Se t: T S M bject: Bruce Barker Wednesday, June 9, 2021 2:32 PM Cheryl Hoffman; Jason Maxey; Esther Gesick; Chloe Rempel; Tom Parka Jr. RE: Ord2021-10 - Chapter 21 y apologies. I should have clarified earlier what we will be doing on Monday. We will have the Board do the designation resolution for the 1041 SEE. I will send that resolution to you today before 5. The Board will do the first reading for the 1041 SEE (new Chapter 21, Article VII). I will send those to you today before 5. We will not be doing anything with the new Chapter 21, Article VI. That deals with LAP and the new OGED solar permits. Article VI will be forthcoming, probably in late June. We will not make any changes to Chapter 21, Article V. Jason and his staff have been working hard on some changes and those will also be forthcoming later this month. Bruce T. Barker, Esq. Weld County Attorney PD. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choff ma n @we ldgov.com> Santo Wednesday, June 9, 2021 7:10 AM To: Bruce Barker <bbarker@weldgov.com>; Jason Maxey <jmaxey@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ord2021-10 - Chapter 21 Okay, thank you, Bruce. Cher man Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Bruce Barker <bbarker@weldgov.com> Sent: Tuesday, June 8, 2021 4:16 PM To: Cheryl Hoffman <chof f man@weldgov.com>; Jason Maxey <jmaxey@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ord2021-10 - Chapter 21 Let me think through this and I will get back to you tomorrow morning. We have 3 different things going at once: solar, changes to WOGLA, and new article for LAP and the OGED solar permit. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Tuesday, June 8, 2021 3:28 PM Tz:.-la Jason Maxey <emaxey@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ord2021-10 - Chapter 21 importance: High Maybe I misunderstood? Bruce, can you answer this question/ please? Am Ito run with just Article VII for Chapter 21 in Code Ord2021-10? And then Article VI would be a separate Ordinance? Did I miss something? Please let me know. arm , Deputy Clerk to the Board 2 1150 O Street/P. O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com Fro,.,,,.,: Jason Maxey <maxey@weldgov.com> Sent: Tuesday/ June 8, 2021 3:24 PM To: Cheryl Hoffman <choffman@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempelweldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ord2021-10 - Chapter 21 We are not close to having language ready for 1st reading for new LAP code on the 14th... not sure what I missed or how Article VI was included, very sorry to throw this wrench into the machine. I'm having a stakeholder meeting tomorrow, then I was wanting to have a work session with the BOCC prior to my first reading. Is this a done deal? Do I need to be ready for first reading on the 14th? Thank you, Jss®S. any Director / Local Government Designee Oil & Gas Energy Department jrnaxey c _ )weldgov.com 970-400-3579 From: Cheryl Hoffman <choffmanweldgov.com> Sent: Tuesday, June 8, 2021 3:11 PM To: Jason Maxey <jmaxey@weldgov.com>; Bruce Barker <bbarker weld ov.corn>; Esther Gesick <egesickweldgov.com>; Chloe Rempel <crempel@weidgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ord2021-10 - Chapter 21 That was my fault that I included SEF in a section of this email string. First reading for Chapter 21 is the new Article VI (LAP Permits ® Pipelines) plus Article VII (Site Selection and Construction of 1041 Solar Energy Facilities). I have all the language for Article VII, but nothing for Article VI and first reading is Monday, June 14. VII need to have that in the next few days to put it into Code Ordinance form for first reading and then I have to read and record the whole thing. Do you have that Article VI language for me yet? ry ma Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Jason Maxey <jmaxey@weldgov.com> Sent: Tuesday/ June 8, 2021 3:06 PM 3 To: Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffrnan@weidgov.com>; Chloe Rempel <crempel@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: FW: Ord2021-10 - Chapter 21 Thinking this should have gone to Tom, and not me? I'm working on new code for Ch. 21, Article VI (LAP Permits — Pipelines)...but nothing to include with what's attached, and it doesn't deal with SEW, that was Tom. Thank you, Jason S. Maxey Director / Local Government Designee Oil & Gas Energy Department j maxey@weldgov.com 970-400-3579 From: Esther Gesick <egesick@weldgov.com> Sent: Tuesday, June 8, 2021 12:52 PM To: Bruce Barker <bbarker@weldgov.com>; Jason Maxey <jmaxey@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com> @weldgov.com> Subject: RE: Ord2021-10 - Chapter 21 Hi Bruce/ In addition to seeking the content to complete Ordinance #2021-10 so we can get the final document drafted and all of the text read to audio in the next couple of days, I'm wondering what you want scanned for the Board for the Designation Hearing. Presently, all I have is the Notice we had published on 4/30/21. Is there going to be a Resolution that goes with this? Attached is the best/most recent sample I could find. Esther E Gesick Clerk to the Board 1 150 O Street/P. a Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Wednesday, June 2, 2021 7:51 AM TBruce Barker <bbarker@weldgov.com>; Jason Maxey <jmaxey@weldgov.com> Cc: Esther Gesick <egesick@weldgov.corn> Subject: RE: Ord2021-10 - Chapter 21 Good morning, Bruce and Jason. 4 Do you have anything on this new ordinance, Chapter 21- SEF? I'd like to work on it this week and read it to audio next week prior to 1St reading on June 14. Thanks so much! :bier °finnan Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Cheryl Hoffman <choffman@weldgov.com> Sent: Tuesday, May 25, 2021 3:36 PM To: Bruce Barker <bbarker@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: Ord2021-10 - Chapter 21 Hi Bruce, Do you have anything from Jason yet on the New Article VI for this one? Chrryl L. offman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffrnan@weldgov.com 5 Cheryl Hoffman From: Sent: T Subject: Cheryl: Bruce Barker Thursday, May 13, 2021 8:50 AM Cheryl Hoffman; Tom Parko Jr.; Esther Gesick RE: 1041 SEF's Thanks. Let's make this Article VII. So we need to redo the numbers to "21-7- ." We will make Article VI some add- on's for oil and gas. For example, we will bring the LAP's over from Chapter 23 and we will have a new permit for solar associated with and feeding oil and gas locations. Jason is working on all that and should have it ready to go in a week or two. Appendix 21-B is already there — it is the map we have been using for oil and gas. I will review the rest of what you send today and let you know. Thanks for your help on this! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O'° Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.corn> Sent: Wednesday, May 12, 2021 10:21 AM To: Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgovecom>; Esther Gesick <egesick@weldgov.com> SAbject: RE: 1041 SEF's Good morning, Bruce and Tom. Could you please review the attached and let me know if you see any corrections which need to be made on this one? This has not yet been "Esther proofed". Additionally, is there a new article VII and Appendix 21-B to be added to this ordinance? 1 Have a wonderful Wednesday! Cheryl L. Hoffman Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 chOffman@weIdgovocorn From: Bruce Barker <bbarker@weldgov.com> Sent: Tuesday, May 11, 2021 3:45 PM To: Cheryl Hoffman <choffman@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 SEF's Does not need to. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 ""O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman©weldgov.com> Sent: Tuesday, May 11, 2021 3:37 PM T : Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Bruce Barker <bbarker@weldgov.com> r@we ldgov.com> Subject: RE: 1041 SEF's Tom and/or Bruce, Is this one going to PC? Or does it not need to? erLe Hoffman f9 Deputy Clerk to the Board 2 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 chof Fran@weldgov.coni Inn,: Cheryl Hoffman <choffman@weldgov.com> Sent: Tuesday, May 11, 2021 1:45 PM To: Tom Parko Jr. <tpar ko@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Bruce Barker <bba rker@weldgov.corn> Cc: Cheryl Hoffman <choffman@weldgov.com> Subject: RE: 1041 SEF's Thank you so much, Tom. This will be helpful. I think I already have most of it because I had it included as part of the Solar ordinance when Bruce told us we needed to keep it separate...so, I kept it and renamed the Ordinance, Ord2021-10. I'll compare what I have though to make sure I have the language you have in the Clean version. I'll calendar the dates too. Thanks! Chevy Deputy Clerk to the Board 1150 O Street/PoO, Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffrrian@weldgov.com From: Tom Park® Jr. <tparko@weldgovecom> Sent: Tuesday, May 11, 2021 1:02 PM To: Cheryl Hoffman <choffman@weldgov.corn>; Esther Gesick <egesick R weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 SEF's Found it. See attached. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Tuesday, May 11, 2021 12:53 PM To: Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Bruce Barker <bba rke rvve Idgov.com> Cc: Cheryl Hoffman <choffman@weldgov.c0m> Subject: FW: 1041 SEF's Tom, Do you have the changes in mark up version? That would be helpful. Thanks! Cheryl fee 3 Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Esther Gesick <egesick@weldgov.com> Sent: Tuesday, May 11, 2021 12:43 PM To: Cheryl Hoffman <choffman@weldgov.com> Subject: FW: 1041 SEF's Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr. <tparko@weldgov.com> Sent: Tuesday, May 11, 2021 12:03 PM To: Esther Gesick <egesick@weldgov.com>➢ Bruce Barker <bbarker@weldgov.com> Subject: RE: 1041 SEF's Esther, I don't anticipate any hiccups. I think the industry and the Commissioners are happy with the code language. Tom From: Esther Gesick <egesick@weldgov.com> Sent: Tuesday, May 11, 2021 11:51 AM Ti: Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 SEF's The schedule below requires Cheryl to have the Notices or any edits from the Monday readings ready to be sent to the paper on Wednesday and published on Friday with exactly 10 days prior to the next reading. Do either of your anticipate any major edits along the way, further industry input or the need for any additional work sessions that would require a little more time built in? If not, then I'll get this to her to slate calendar appointments and task reminders. Esther E. Gesick Clerk to the Board 1150 O Street/PO. Box 758lGreeley, CO 80632 tel: (970) 400-4226 4 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker <bbarker@weldgov.com> Sent: Tuesday, May 11, 2021 10:09 AM To: Tom Parko Jr. <tparko@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 SEF's Tom: Thanks. We can have the 1st reading on June 14th right after the designation hearing. So let's do the following: 1st Reading June 14th. 2nd Reading June 28th. 3rd Reading July 12th Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr. <tparko@weldgov.com> Sent: Tuesday, May 11, 2021 9:47 AM To: Bruce Barker <bbarker@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: 1041 SEF's Bruce, Good morning. Not sure we scheduled the three reading process for the attached. If I understand the designation process, we kicked off the 30 day period on April 26th. Attached is the Reso. I believe you said that we need to wait 10 5 days after the 30 day period expires in order to start the three reading process. The date that is set for the designation hearing is June 14th. If that is the case can we shoot for the dates below? First Reading —June 28th Second Reading — July 12th Third Reading —July 26th Thanks, Tom 6 Frm: j to Ti: Cc: S Tom: Bruce Barker Monday, April 19, 2021 11:57 AM Cheryl Hoffman; Tom Parko Jr. Esther Gesick RE: Ord2020-20 - Solar Ordinance 4 We need to back the 1041 stuff up and do the designation first. Then proceed with 3 new readings. Sorry. I apologize for not explaining sooner. Also, I want all of this to go into a new Article 7 of Chapter 21. Jason's accessory permits (LAP and 10 acres solar feeding an o&G facility) will be in the new Article 6 of Chapter 21. So on April 26th for the 2nd reading, we need the Board to just deal with the changes to 23-4-1030 and 23-1-90, and the addition of the new less than 5 acre solar permit (like wind generation). I will have all that done by tomorrow. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Fri m: Cheryl Hoffman <choffman@weldgov.com> Sent: Monday, April 19, 2021 8:32 AM To) Tom Parko Jr. <tparko@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: RE: Ord2020-20 - Solar Ordinance Attached please find the draft of Ord2020-20 for 2nd reading on Monday, April 26. Please let me know if corrections need to be made. Thank you! Chery hfww m n Deputy Clerk to the Board 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker <bbarker@weldgov.com> Sent: Tuesday, May 11, 2021 10:09 AM To: Tom Parko Jr. <tparko@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 SEF's Tom: Thanks. We can have the 1St reading on June 14th right after the designation hearing. So let's do the following: 1st Reading June 14th 2nd Reading June 28th. 3rd Reading July 12th. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr. <tparko@weldgovacom> Sent: Tuesday, May 11, 2021 9:47 AM To: Bruce Barker <bbarker@weldgov.com> Cc: Esther Gesick <egesick @weldgov.com> Subject: 1041 SEF's Bruce, Good morning. Not sure we scheduled the three reading process for the attached. If I understand the designation process, we kicked off the 30 day period on April 26th. Attached is the Reso. I believe you said that we need to wait 10 2 Cheryl Hoffman Fr Sent: m S .Oct: j ist Esther Gesick Tuesday, May 11, 2021 12:43 PM Cheryl Hoffman FW: 1041 SEF's Esther Ea Gesick Clerk to the Board 1150 OStreet /P.O. Box 7581Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr. <tparko@weldgov.com> Sent: Tuesday, May 11, 2021 12:03 PM To: Esther Gesick <egesick@weldgov.com>; Bruce Barker <bbarker@weldgovocon> Subject: RE: 1041 SEF's Esther, I don't anticipate any hiccups. I think the industry and the Commissioners are happy with the code language. Tom From: Esther Gesick <egesick@weldgov.com> Sent: Tuesday, May 11, 2021 11:51 AM To: Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: RE: 1041 SEF's The schedule below requires Cheryl to have the Notices or any edits from the Monday readings ready to be sent to the paper on Wednesday and published on Friday with exactly 10 days prior to the next reading. Do either of your anticipate any major edits along the way, further industry input or the need for any additional work sessions that would require a little more time built in? If not, then I'll get this to her to slate calendar appointments and task reminders. Esther E. Gestick Clerk to the Board 1150 OStreet /P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 1 days after the 30 day period expires in order to start the three reading process. The date that is set for the designation hearing is June 14th. If that is the case can we shoot for the dates below? First Reading —June 28th Second Reading — July 12th Third Reading —July 26th Thanks, Tom 3 Hello