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Home My WebLink About20211544.tiffza) IN THE MATTER CHAPTER 21 ARE ,= . .; {LND C�l3 ' E f BE IT ORDAINED Yr THE B EL ► , STATE FC E 214 F .EPEALING AND " REENACTING, ':?1'a``I [Tali Tfl\. !TIES F STATE INTEREST, OF THE ENDMENTS, S, EL COU TY fF C LINTY COMMISSIONERS OF THE C, LINTY OF WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to C lorado 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 WHE" ES, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. OW, THEREF SRF° BE IT z R AINE 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of Colorado, that certain Sections or portions thereof of existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. AREAS C ND ACTT TER 21 (TIES OF T_ .TE INTEREST Ai D ARTICLE `: II Stte Selecilon and Construction o 1041 Solar En or f c 1 8e a of a Pt Ufgllftyl) vS on nerall and ifitro u cto Sec. 214-10, - Purpo e and ins to.it I PrvSons rgyfci Pies ( s The regulations (referred to .herein as "1041 SEF Regulations") set fort in this Article ! made pursuant to the authority qr anted Weld County in the Colorado Areas and Activities of State Interest Act ("AASA"), C.R.S. 24-05.1-101, et seq.; specifically, in accordance with C.R.S. Fej 24-65.1[-A3 ("Site Selection And Construction of Major Facilities of a Public Utility") and C.R.S. § 20-20-108 (if applicable) ("Major Electrical or Natural Gas Facilities"). The purpose and intent of the regulations contained in this Article VII is to: A. Encourage planned and orderly develo ment of solar energy facilities, as defined herein., a r B. Provide for present and future electrical needs of on and _gas, agriculture industry, business,. residential and recreation; C. Encoura e use of land in a manner which ensures return to original productivity and character upon cessation of such use; PAGE 1 2021-1544 OR®2021-10 . Ensure coordinatioi and compatibility between large size solar energy facilities an ,I 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 damace to and enhancement of environmental resources with the electrical energy needs of development; N. 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 wend County. This Article is not intended to abridge safety, lea th or environmental requirements contained in other applicable codes, standards, or ordinances. II ne provisions of this Article shall not be deemed to nullify any provisions of local, State or Federal law. Sec. 21-7=2O ® 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 give up, discontinue, or withdraw from. Any 1041 Solar Ener 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 ec ui�rnent, cables, foundations, and other infrastructure; and reclamation of the site to its original concition, including return of top soils, if necessary. Fence: means a continuous barrier extendin from the surface of the around 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 PAGE 2 2021-1544 OR®2021-10 2 Minnirnizipg impacts by limiting or consolidating the extent, degree or magnitude of the action or its implementation. 3. Reducing or eliminating the impact over time b °r eservation and maintenance operations. 4. Compensating for im acts by replacing or providing suitable biological and/or .physical cony itions; and by r eolacing or providing suitable public services and facilities, where applicable. 5. Compliance with reasonable conditions and development standards. Public utility: r neans an entity defined in C.R.S. § 40-1-103. Security: means an irrevocable standby letter of credit, bond, or a ternative form of financial security in an amount sufficient to fund the estin required pursuant to this Code. ated decommissioning and reclamation costs Site selection: means the process for determining the location of 1041 SEF or the expansion of existing 1041 SEF. 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, anal rnigit 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 ISEF7: means a commercial facility whose primary purpose is to supply electricity and consists of one (1) or more solar arrays and other accessory structures, equipment, including substations, switchyards, batten storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures andfor 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-B. Sect 2` =744 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 VII. However, if chances are submited to the Weld County Department of Planning Services which would materially expand the Improved Area beyond ono -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 reQuufted for: PAGE 3 2021-1544 ORD2021-10 routine Solar Facility operatiois 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. S a rface disturbance that does n at increase the Improved Area by more than ten (10) percent of the original footprint. Sec' 21=7=400 o Relationship of 1 requirements affectinc 04 1041 SEF's. L dons to other ciunstate9 and federS A. Nothing in these 1041 SEF Regulations shall be construed as exemoting an applicant for a permit from any other recuirements of this County or other state, or federal caws and regulations. B. To the extent that the requirements of these 1041 SEF Regulations direr from any other applicable requirements, the more restrictive requirements shall apply. ivSion Z - Desk State Merest t nation of Site Seiecti n and Construction of 1041 SEF's as an Activity of Seca 21-7-200. - Designation of site selection and construction of 1041 EE's as n actin A of State Interest. The Board of County Commissioners, having considered the intensity of current and foreseeable development pressures and the provisions and recuirernents of these 1041 SEF Regulations, orders that the designation made by the Board on ,une 14, 2021, of site selection and construction of a 1041 SEF as an activity of State Interest, be and hereby is ratified and confirmec and that this activity shall be regulated pursuant to the provisions of this Article VI oj Chapter 21 of the Weld County Code. Sec. 21-7-210. = Boundarjes of area covered by desk nation. The site selection and construction of any 1041 SEF, as defined herein, being wholly or partially within the unincorporated territory of the County, shall be subject to this designation and these 1O41 SEF Regulations. Sec. 21-7=2200 = Reasons for desnetionm The site selection anc construction of any 1041 SEF, as defined herein, is hereby designated as a matter of State Interest for the reasons stated in Section 21-7-10 of this Chapter. DMsion 3tl = Permit for Site Selection n ad Construction of a 1041 SEF Seca 21=7-300. © ProhiMon on S.s&ection and construction .ref 1 141 SEF without a 1041 permit Saved pursuant to these 10 SEF Rai U O alonso A. No person or local authority may locate and construct a 1041 SEF w the urincorpof.ated portions of this County without first obtaining a PAGE 4 idly or partially within permit pursuant to these 2021-1544 ORD2021-10 1044 SEF Regulations. Modifications to an existing 1041 SEF that increases the Improved Area by more tha i ten (10) percent of the original footprint shall require an amendment of the existing 1041 SEF pursuant to the orovisions of this Article VII. Sec. 21 =7 310. - Procedural ro , fire -gents. A. The procedures concerning permit applications, notice and conduct of permit hearings, udicial 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 wit i the additional regulations set forth in this Article VII anc C.R.S. § 29-20-108 (if applicable). B. Prior to the pre -application conference, the applicant may meet with the Department of Planning Services to discuss and outline the project. The purpose of the meeting is to discuss general information pertinent to the project, identify any maior 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 Department of Planning Services 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 Department of Planning Services may request that the applicant evaluate and present information on such alternatives as part of the application. This shall not preclude a similar request following the pre -application conference. 2. Re uired 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 a o Dlication for a permit to locate and construct 1041 SEF must begin with a .premap lication conference with the Department of Planning Services. D. The requirements of these 1041 SEF Regulations shall not be deemed to waive the requirements of C.R.S. 40-5-101 et se q , if applicable, that a public utility obtain a certificate of public convenience and necessity. E. Available documents, studies, or reviews by the applica nt 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. 217-320. m Pre=al 8 Sion conference. A. Prior to forma filing of the application, the applicant shall confer with the staff person assigned to the case by the Department of Planning Services 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. PAGE 5 2021-1544 ORD2021-10 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 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. Other regulatory reviews or procedures to wnich the applicant is subject, the applicant's time frame for tre project, end 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 pre -application conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made by staff until after the application is submitted and adjacent or nearby property owners and referral agencies have had an opportunity to respond, if applicable. D. County staff will make available to the applicant any public information concerning the application which is in the County's possession. E. The Department of Planning Services shall consider the County's a 3 3lication rec uirements 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 t0 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. 21-7=330 - Application submittal rec uirements. 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 1 041 SEF, where applicable: PAGE 6 2021-1544 ORD2021-10 1. The following are general requirements for any map or plan required hereunder. Minimum requirements includo: 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 tno 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 proect 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 protect site a� nd the means the applicant intents 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. 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 S +, excluding mineral interests but including those holding mart a es, .ud merits , liens, easements, contract rights, rights mf 1 -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 S F 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 certificaves for the property owner's signature (excepting linear facilities) the Planning Commission, the Board of County Commissioners and the Clerk to the oard. The required content of tie certificates is available from the Department of Planning Services. PAGE 7 2021-1644 GRD2021-10 d. The exact scale of the map shah be determined at the time of the pre -application conference, taking into consideration the type and size of the proposed project, as wee as the type and complexity of the information to be mapped. a The map snail 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 north arrow. iii Outline of the perimeter of the proposed Improved Area. oy . 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 Chanter. Plot Plan. A plot plan of the proposed 1041 SEF shall be drawn on the 1041 SEF Permit flap. a. The exact scale of the plot plan shall be determined at the time of the pre -application 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 (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. Ali existing structures. PAGE 8 2021-1544 0RD2021-10 iii. Ali utility easements or riffs -of -way for telephone, gas, electric, water and sewer lines. iv. Irrigation ditches. ✓ . Adjacent property lines and respective owners' names (may be shown on vicinity map instead). ✓ i. All hydrographic features including streams, rivers, ponds and reservoirs (including n ames). ✓ ii. Topography at two (2) foot contour intervals or at intervals as determined n ecessary by the Department of Planning Services. (Linear facilities shall include appropriate topographic data derived from USGS maps or an equivalent database.) ✓ iii.of areas of moderate or severe soil limitations as defined by the Natura Resources Conservation Service or oy a soil survey and study prepared by a soils e ngineer or scie€ntist for the uses and associated structures proposed for the parcel. ix. Location and design of storm water management devices or structures (exceptin linear facilities). x. Complete traffic circulation and temporary construction parking sizes (excepting linear facilities__ location(s) and xi. Location, amount, size and type of any proposed visual mitigation, including b,t n ot limited to landscaping, fencing, berms or other screening. (Linear facilities shah provide information regarding revegetation and reclamation.) xii. Location of any flood hazard geologic zard or mineral resource areas. xiii. Such additional information as may be reasonably required by the Department of Planning Services, 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. The following items and information: a. Description of the present use and zoning. A vicinity ma o with aerial image showing the following: he area within a five (5) mile radius from the proposed 1041 SEE AI e ,is ang or approved solar facilities tying within the five (5) mile radius. PAGE 9 2021-1544 ORD2021-10 iii. 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 lead; 1041 SEF. ii. generating capacity of the proposed 1041 SEF. ig out of the proposed iii. The location, functions and sizes of battery storage or substations associated wit the proposed 1041 SEF. 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 cons₹ruction, operation and maintenance phases of the project. ii. Specif 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 SPF. 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. Hi. 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 clanger due to such natural hazards. PAGE 10 2021-1544 GRD2021-10 f. Name(s), address(es), and contact information for the applicants. p. Name and address of the fee owners of the property proposed for the 1041 SEE, 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. I. Present zone and overlay districts. m. Signatures of the applicant and fee owners or their authorized legal agent. 6. Summarization of major natural and socio-economic environmental constraints as they affect the site selection and construction of the proposed 1041 SEE. 7. Summarization of the effects of the proposed site selection and construction upon the natural and socio-economic 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 socio-economic 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 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. PAGE 11 2021-1544 ORD2021-10 14. Floodplain Mapping. On the map of the base area, or another appropriate maw, 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 a 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 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, associated with the decommissioning and reclamation of the facility site; and PAGE 12 2021-1544 ORD2021-10 vi. The estimated date of submission of the Security to Weld County. p. Prior to construction, an irrevocable standby letter of credit, bond, or alternate form of Securit . in a amount sufficient to fund the estimated decommissioninc/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&P1 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 limiteo to: oonds, 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 ecuals or exceeds that provided by the form required herein. h. Access to decommission Os/reclamation fund. eld 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) da . s 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 Department of Planning Services and d communicated to the applicant. The Board may request the applicant to provide additional information during the public hearing on the application. The applicant r abe _ 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 acooted 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 (soils classification). How the proposed deveiopnient will utilize existing• ease mer its or rights -of -way for any associated distribution or collector networks. d. The penGiaal adverse effects of the proposal upon plant and animal life dependen� upon the water resources in question. PAGE 13 2021-1544 O RD2021-10 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. Less damaging alternatives: i. If the Department of Planning Services determines that the nature or extent of tie proposal involves the potential for environmental damage or warrants examination of specific, less environmentally damaging alternatives, the Department of Planning Services may request that the Board of County Commissioners 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. 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 Director of Planning Services. Sec. 214-340. e Develooment 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. PAGE 14 2021-1544 ORD2021-10 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 recuirements 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 ooacue 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 SEE shall continuously employ the practices for control of fugitive dust detailed in their 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 31.5 kilovolts (where necessary). F. Fencing. The 1041 SEF shall be enclosed with a security fence as approved pursuant to a fencingo an abmitted 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. 21-6-330.8.12 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 SEE, 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. 21-7-350O Appr Aja O o '�'� e r : Ucaiono A. Per Division 3, Section 21-2-300, the SEF shall have a hearing before the Planning Commission to consider the application for the SEF as described in Section 21-2-260 B.1. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the request. The Planning Commission shall approve the request for the Section 1041 Permit only if it finds that the applicant nas met the standards or conditions set forth in the Section 1041 Regulations governing the area or activity of state interest involved in the application, as set forth in this Chapter applicable to each such area or activity of designation. The burden of proof shall be upon the a' olicant to show compliance with such standards or conditions. PAGE 15 2021-1544 ORD2021-10 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 ouroose 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 flaying jurisdiction over those criteria listed below with respect to their environmental determinations or re ulaton compliance.; 1. The health, safety, and welfare of t e citizens of the County will be protected and served 2. The natural and socio-economic environment of the County will be protected or enhance° 3. All reasonable alternatives to the proposed action, including use of existin: 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 oest interests of the people of the County and represents a fair and reasonable utilization of resources the impact area 5. A satisfactory orograrn to mitigate and minimize adverse impacts has been presented, including decommissioning and reclamation. 6. Tie 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 facilit does not unduly or unreasonably impact existing community services, nor will it 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 ocation of the facility or expansion will not unduly interfere with existing easements, rights -of -way, other utilities, canals, mineral claims or roads. 9. Adequate utWties 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 sigma icant wildlife habitat or adversely affect andendangered wildlife species, unique natural resource or Historic lancmark within the impact area. PAGE 16 2021-1544 ORD2021-10 11. The geological and topographic features of the site arc adec uate 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 de, rederal standards or established baseline levels. 13. The pr: posedproject will not have a significantly adverse raded below state and net effect on the caoacities 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 ootained or will obtain all property rights, permits and approvals necessary for the oroposed pro'ec (, including surface, mineral access rir hts and easements for drainage, utilities, access, etc. If t Jo applicant has not obtained all necessary propert rights, permits and approvals, the Board may, at its discretion, c rant the permit conditioned upon completion of the acquisition of such rights prior to issuance of a building permit by the County. 16. The proposed pro ect will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. . The Board may impose ml 'oration requirements and conditions on an a 3 olicantas follows: 1. The Board shat 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 shah also find that each such requirement and condition is necessitated by the proposed pr*ct. 3. All such findings shah be based on material in the administrative record. Dvl&o 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. n 4� n — Mon on and Enforcement; Abandn ent Seto LI ©7=4O0 ® vmfl t on and Enforcement. an.1041SLUo 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 (650.00) or by imprisonment not to exceec thirty_130) days, or both, in the discretion of the court. Each da / that said 1041 S _ r shah be maintained or operated in violation of this article shall constitute a separate and destirct offense. PAGE 17 2021-1544 OR®2021-10 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 judgment 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. o 21-7410. m A bando m:ai t 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 SEE or the owner of the underlying property provides substantial evidence, updated every six (6) months after initial submission of evidence, to the Director of Planning Services or his cesignee 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 SEE. A. Upon determination of abandonment, the Director of Planning Services shall notify the operator of the 1041 SEF or the owner of the underlying property tnat they must remove the 1041 SEF and comply with the decommissioning/reclamation requirements of this Article VII, within 360 days of notice by the Director of Planning Services or his designee. B. If the operator of the 1041 SEF or the owner of the underlying property fails to comply, the Director of Planning Services or his desk nee 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. 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. PAGE 18 2021-1544 ORD2021-10 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 -Tern 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 19 2021-1544 ORD2021-10 Hello