HomeMy WebLinkAbout20211373.tiffWELD COUNTY
CODE ORDINANCE 2020-20
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld, State of Colorado, that certain 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Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the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.
CHAPTER 23
ZONING
Amend Sec. 23-1-90. Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase
letters, shall have the meanings stated in this Section:
ELECTRIC TRANSMISSION LINES: The system, including lines and support
STRUCTURES, used to transmit electric energy in amounts of less than one hundred fifteen (115)
kV.
Delete LARGE SCALE SOLAR FACILITY
Delete MEDIUM SCALE SOLAR FACILITY
SETBACK: The horizontal distance between any BUILDING or STRUCTURE, as measured
from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air
conditioners, gutters, downspouts, or fences, and the established PUBLIC or private
STREET/ROAD RIGHT-OF-WAY line other than that of an ALLEY. If the abutting PUBLIC
STREET/ROAD is designated by the Transportation Plan adopted in Chapter 8 of this Code as a
collector or arterial STREET/ROAD, then the SETBACK shall be measured from the future
right-of-way line. The minimum required RIGHT-OF-WAY width is found in Section 8-8-10 of this
Code. No STRUCTURES shall be allowed in RIGHT-OF-WAY. It shall be the responsibility of the
property owner to locate the RIGHT-OF-WAY lines. Setbacks for Solar Energy Facilities are set
forth in Section 23-4-1030 of this Code.
4719507 Pages: 1 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
Iiltioti 11111
PAGE 1
Cc : GT% (EGIc 4), FI.(P /so),
Ac17, /cD), Ap(Rg), LA(ALL1
PL(TP/S6)
06/03121
2021-1373
ORD2020-20
SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special Review (including OPEN MINING
and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT
DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision, rural land division, or minor
SUBDIVISION application which has been submitted to the COUNTY and receives approval or
conditional approval by the Board of County Commissioners, or by the Planning Commission in
the case of MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. SITE -SPECIFIC
DEVELOPMENT PLAN includes 1041 WOGLA Permits issued pursuant to the provisions of
Article V of Chapter 21 of this Code and permits for 1041 Solar Energy Facilities approved
pursuant to the provisions of Article VII of Chapter 21 of this Code. Final or conditional approval
by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24,
C.R.S. No other type of land use application shall be considered a SITE SPECIFIC
DEVELOPMENT PLAN.
Delete SMALL SCALE COMMUNITY SOLAR FACILITY
SOLAR ENERGY FACILITY (SEF]: means a commercial facility whose primary purpose is to
supply electricity and consists of one 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 SEF of less than five (5) acres in size (5 ACRE SEF) is governed by the
procedures set forth in Division 6 of this Chapter 23. A SEF in the Near/Urban Area as shown
on Appendix 21-B being more than five (5) acres in size but less than one -hundred sixty (160)
acres, or in the Ag/Rural Area as shown on Appendix 21-B being more than five (5) acres but less
than three -hundred twenty (320) acres, is governed by the procedures set forth in Article II,
Division 4 of this Code. A 1041 SEF is only allowed by permit, pursuant to Article VI of
Chapter 21 of this Code, 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. This definition shall not include
roof and/or ground mounted solar systems located on permitted PRINCIPAL and ACCESSORY
BUILDINGS and designed to supply power to the principle USE(S) onsite.
STRUCTURE: Anything that is built, constructed or erected, an edifice or BUILDING of any
kind, or any piece of work artificially built up or composed of parts joined together in some definite
manner, but not including poles, lines, cables or distribution facilities of PUBLIC utilities. The term
includes an object, including a mobile object, constructed or installed by man, including but
without limitation, BUILDINGS, towers, cranes, smokestacks, earth formations, overhead
ELECTRIC TRANSMISSION LINES, gas or storage tanks that are principally above ground, and
solar collectors, buildings and substations on SOLAR ENERGY FACILITIES (SEF'S).
Amend Sec. 23-3-40. Uses by special review outside of subdivisions and historic
townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in
the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with
the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II,
Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES.
A. thru Q. — No change.
Delete R and reletter subsequent items.
PAGE 2
4719307 Pages: 2 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppel', Clerk and Recorder, Weld County , CO
VIII lVAIMW:lith iliM1011:IWIL' 1114 Y h 11111
2021-1373
ORD2020-20
FF. SOLAR ENERGY FACILITIES (SEF'S), being more than five (5) acres in size but less than
one -hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or being
more than five (5) acres but less than three -hundred twenty (320) acres in the Ag/Rural Area
as shown on Appendix 21-B.
Amend Sec. 23-3-60. - Uses by special review in subdivisions.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon
approval of a Special Review Permit in accordance with the requirements and procedures set
forth in Article II, Division 4 of this Chapter.
A. thru X. — No change.
Y. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
Remainder of Section — No change.
Amend Sec. 23-3-65. - Uses by special review in historic townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District
upon approval of a Special Review Permit in accordance with the requirements and procedures
set forth in Article II, Division 4 of this Chapter.
A. thru II. — No change.
JJ. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
Remainder of Section — No change.
Amend Sec. 23-3-310. - I-1 (Light Industrial) Zone District.
A. and B. — No change.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. thru 25. — No change.
26. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
D. and E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 6. — No change.
Delete 7 and renumber subsequent items.
PAGE 3
4719507 Pages: 3 of 14
05/27/2021 11:05 AM R Fee:$0.00
$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
fill1r.RENIL'KIVIW4 11111
2021-1373
ORD2020-20
Amend Sec. 23-3-320. - 1-2 (Medium Industrial) Zone District.
A. and B. — No change.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. thru 27. — No change.
28. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
D. and E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the 1-2 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 7. — No change.
Delete 8 and renumber subsequent items.
Amend Sec. 23-3-330. - 1-3 (Heavy Industrial) Zone District.
A. and B. — No change.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter.
1. thru 32. — No change.
33. SOLAR ENERGY FACILITIES (SEF'S), subject to the additional requirements of
Section 23-4-1030.
D. thru E. — No change.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. thru 6. — No change.
Delete 7 and renumber subsequent items.
PAGE 4
4719507 Pages: 4 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Ili IYUFANl41k I le'lifGiiL:M'ktIghI /tI Bill
2021-1373
ORD2020-20
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 6 - Permitting Requirements for Wind Generators and for Solar Energy Facilities
Less than Five (5) Acres (5 ACRE SEF)
Add Sec. 23-4-455. - Submittal requirements and standards for Solar Energy Facilities Less
than Five (5) Acres (5 ACRE SEF).
The following submittals and standards are required for a 5 ACRE SEF:
A. Surface Drainage Analysis. At the time of 5 ACRE 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 designated hydrologic A or B soil groups by the Natural Resources Conservation
Service (NRCS).
B. Dust and Weed Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of
5 ACRE SEF application submittal, which includes a description of those methods by which
dust emanating from the proposed 5 ACRE SEF and the weeds growing upon the Impacted
Area will be mitigated.
C. Floodplain Mapping. On the map of the base area, or another appropriate map, indicate any
floodplain 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 5 ACRE 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 this Chapter.)
D. A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be
provided at the time of 5 ACRE SEF application submittal which will be signed by the party
responsible for decommissioning and the landowner (if different), addressing the following:
1. 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.
2. All non -utility owned equipment, conduits, structures, fencing, and foundations to a depth
of at least three (3) feet below grade shall be removed.
3. 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.
4. Property shall be restored to a condition reasonably similar to its condition prior to
development of the 5 ACRE SEF.
PAGE 5
4719507 Pages: 5 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
2021-1373
ORD2020-20
rdimunivimumkht I rrio i 11111
5. The developer or owner of the 5 ACRE SEF is responsible for the decommissioning.
6. 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:
a. All labor, equipment, transportation, and disposal costs associated with the removal of
all facility components from the facility site;
b. All costs associated with full reclamation of the facility site, including removal of
non-native soils, fences, and constructed access roads;
c. 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;
d. All decommissioning/reclamation activity management, site supervision, site safety
costs;
e. Any other costs, including administrative costs, associated with the decommissioning
and reclamation of the facility site; and
f. The estimated date of submission of the Security to Weld County.
7. 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:
a. Name the Board of County Commissioners of Weld County as the sole beneficiary of
the letter of credit;
b. 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;
c. Include an automatic extension provision or "evergreen clause"; and
d. Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of
the 5 ACRE SEF operator.
Weld County, in its sole discretion, may approve alternative forms of Security such as,
but not limited to: bonds, letters of credit, corporate guarantees from electric utilities
serving the County, 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.
8. 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
PAGE 6
4719507 Pages: 6 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
ION
2021-1373
ORD2020-20
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.
E. Statement of Transportation Construction Impacts.
1. Describe what impacts construction of the project will have upon transportation patterns
in the area intended to be served or affected by the proposal.
2. Describe the potential construction impact on roads within the County.
3. 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 5 ACRE SEF may be required.
F. Development standards for a 5 ACRE SEF.
1. 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.
2. Glare. A 5 ACRE 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.
3. Setbacks. The Improved Area of the 5 ACRE 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.
4. Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the
practices for control of fugitive dust detailed in their dust mitigation plan submitted as
required by Subsection B.2., above.
5. 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).
6. Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant
to a fencing plan submitted to the Department of Planning Services. Appropriate signage
PAGE 7
4719507 Pages: 7 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
11111
2021-1373
ORD2020-20
shall be placed upon such fencing that warns the public of the high voltage therein.
7. Stormwater management. The Operator of the 5 ACRE 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. Ground -mounted
solar collector systems shall be exempt from impervious surface calculations if the soil
under the collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS).
8. Access permit. Prior to construction of the 5 ACRE 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.
9. Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF
must not unreasonably interfere with any irrigation systems on or adjacent to the solar
facility.
G. The 5 ACRE SEF applicant must show that all reasonable alternatives to the proposed
location have been adequately assessed, and the proposed action is consistent with the best
interests of the people of the County and represents a balanced use of resources in the
affected area.
H. Only one 5 ACRE SEF is allowed per 35 acres. No 5 ACRE SEF may be located immediately
adjacent to another SEF.
Amend Sec. 23-4-460. — Zoning Permit for Wind Generator or 5 ACRE SEF and general
application requirements.
An application for a Zoning Permit for a WIND GENERATOR or 5 ACRE SEF shall include
the following:
A. thru H. — No change.
I. A vicinity map showing ADJACENT properties, general land USES, zoning and
STREETS/ROADS:
1. Within five hundred (500) feet of the proposed WIND GENERATOR or 5 ACRE SEF site.
J. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable
scale to show:
1. The proposed location of the WIND GENERATOR or 5 ACRE SEF and other support
STRUCTURES (guy wires), including distances from the property LOT lines, above-
ground power lines and other STRUCTURES on the property.
2. — No change.
3. An access is or can be made available that provides for safe ingress and egress to a
PAGE 8
4719307 Pages: 8 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Kopps., Clerk and Recorder, Weld County , CO
1111 NAP.,FAN L'h 'hOU' 11111
2021-1373
ORD2020-20
PUBLIC STREET/ROAD. All accesses shall be in accordance with the access
requirements set forth in Chapter 8 of this Code.
4. and 5. — No change.
K. No change.
L. A certified list of the names, addresses and the corresponding Parcel Identification Number
assigned by the County Assessor of the owners of property (the surface estate) within five
hundred (500) feet of the property lines of the parcel on which the WIND GENERATOR or 5
ACRE SEF shall be placed. The source of such list shall be the records of the County
Assessor, or an ownership update from a title or abstract company or attorney derived from
such records or from the records of the County Clerk and Recorder. If the list was assembled
from the records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date.
Amend Sec. 23-4-470. - Delegation of authority.
The Board of County Commissioners delegates the authority to issue a zoning permit for a
WIND GENERATOR or 5 ACRE SEF which otherwise requires the approval of the Board of
County Commissioners through a public hearing process to the Department of Planning Services
upon a determination by the Department that:
A. — No change.
B. The Department of Planning Services has sent notice and has not received signed notification
from at least thirty percent (30%) of surrounding property owners within five hundred (500)
feet of the subject property in opposition to the location of the WIND GENERATOR or 5 ACRE
SEF within twenty-eight (28) days.
Amend Sec. 23-4-1030. - Solar energy facility.
A. The staff, Planning Commission and Board of County Commissioners shall consider the
following criteria in making their determination in approving or denying a permit for a Solar
Energy Facility (SEF) addition to those criteria enumerated in Chapter 23, Article II, Division 4.
Delete B thru H and add New, as follows:
B. Submittal Requirements and Standards. The following submittals and standards are required:
1. Surface Drainage Analysis. At the time of 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 designated hydrologic A or B soil
groups by the Natural Resources Conservation Service (NRCS).
PAGE 9
4719507 Pages: 9 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppel, Clerk and Reoorder, Weld County , CO
11111
2021-1373
ORD2020-20
2. Dust and Weed Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of
SEF application submittal, which includes a description of those methods by which dust
emanating from the proposed SEF and the weeds growing upon the Impacted Area will
be mitigated.
3. Floodplain Mapping. On the map of the base area, or another appropriate map, indicate
any floodplain 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 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 this Chapter.)
4. A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be
provided at the time of 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 SEF.
e. The developer or owner of the 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;
PAGE 10
4719507 Pages: 10 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Kappa', Clerk and Recorder, Weld County , Co
100 0
2021-1373
ORD2020-20
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.
g.
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 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 by the bankruptcy
of the 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.
5. Statement of Transportation Construction Impacts.
a. Describe what impacts construction of the project will have upon transportation
patterns in the area intended to be served or affected by the proposal.
b. Describe the potential construction impact on roads within the County.
c. 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 SEF may be required.
PAGE 11
4719907 Pages: 11 of 14
05/27/2021 11:05 AM R Fos:$0.00
Carly Koppas, Clark and Recorder, Weld County , CO
VIII PIM MN MI I Dail 11111
2021-1373
ORD2020-20
C. Development standards for a SEF.
1. 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.
2. Glare. A 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.
3. Setbacks. The Improved Area of the 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.
4. Dust mitigation. The operators of the SEF shall continuously employ the practices for
control of fugitive dust detailed in their dust mitigation plan submitted as required by
Subsection B.2., above.
5. 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).
6. Fencing. The 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.
7. Stormwater management. The Operator of the 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. Ground -mounted solar
collector systems shall be exempt from impervious surface calculations if the soil under
the collectors is designated hydrologic A or B soil groups by the Natural Resources
Conservation Service (NRCS).
8. Access permit. Prior to construction of the 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.
9. Existing irrigation systems. The nature and location or expansion of the SEF must not
unreasonably interfere with any irrigation systems on or adjacent to the solar facility.
PAGE 12
4719507 Pages: 12 of 14
05/27/2021 11:05 AM R F..:$0.00
Carly Koppel', Clark and Recorder, Weld County , CO
2021-1373
ORD2020-20
D. The SEF applicant must show that all reasonable alternatives to the proposed location have
been adequately assessed, and the proposed action is consistent with the best interests of
the people of the County and represents a balanced use of resources in the affected area.
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 2020-20 was, on motion duly made and
seconded, adopted by the following vote on the 24th day of May, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dapfek) jdo;edk
Weld County Clerk to the Board
Count orney
Date of signature:
Steve
reno, Chair
PAGE 13
4719507 Paws: 13 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppat, Clerk and Recorder, Weld County , CO
2021-1373
ORD2020-20
VIII INIrjN!I IICIFIAlII lYPMiA N * I'rYILIIIINIYrrh 11111
Publication: November 21, 2020
First Reading:
Publication:
December 2, 2020
December 4, 2020, in the Greeley Tribune
Second Reading: December 16, 2020
Con't to: February 22, 2021
Con't to: April 26, 2021
Publication: May 2, 2021, in the Greeley Tribune
Final Reading:
Publication:
May 24, 2021
May 30, 2021, in the Greeley Tribune
Effective: June 4, 2021
PAGE 14
4719307 Pages: 14 of 14
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppat, Clerk and Recorder, Weld County , CO
Ell IMP lhr'riNYE 107111 O N',K M MINNA 11111
2021-1373
ORD2020-20
Hello