HomeMy WebLinkAbout20211876.tiff WELD COUNTY
CODE ORDINANCE 2021-10
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21
AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of 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Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the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 21
AREAS AND ACTIVITIES OF STATE INTEREST
ADD ARTICLE VII - Site Selection and Construction of 1041 Solar Energy Facilities (as
Major Facilities of a Public Utility)
Division 1. -General and Introductory Provisions
Sec. 21-7-10. - Purpose and intent.
The regulations (referred to herein as "1041 SEF Regulations") set forth in this Article VII are
made pursuant to the authority granted Weld County in the Colorado Areas and Activities of State
Interest Act ("AASIA"), C.R.S. §§ 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 VII 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;
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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.
Sec. 21-7-20. - 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 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.
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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.
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(SEF]: 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, 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-B.
Sec. 21-7-30. -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 VII. However, if changes are submitted to the Weld County Department of Planning
Services which would materially expand the Improved Area beyond one-hundred sixty (160) acres
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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 Improved Area by more than ten (10) percent
of the original footprint.
Sec. 21-7-40. - Relationship of 1041 SEF Regulations to other county, state, and federal
requirements affecting 1041 SEF'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 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. 21-7-200. - 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 June 14, 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 VII of
Chapter 21 of the Weld County Code.
Sec. 21-7-210. - Boundaries of area covered by designation.
The site selection and construction of any 1041 SEF, as defined herein, being wholly or
partially within the unincorporated territory of the County, shall be subject to this designation and
these 1041 SEF Regulations.
Sec. 21-7-220. - 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 21-7-10 of this Chapter.
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Division 3. - Permit for Site Selection and Construction of a 1041 SEF
Sec. 21-7-300. - 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 SEF 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 VII.
Sec. 21-7-310. - 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 VII and
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 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 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. 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 pre-application 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 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.
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Sec. 21-7-320. — Pre-application conference.
A. Prior to formal 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.
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.
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 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 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.
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Sec. 21-7-330. -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:
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:
a. The map shall be delineated on reproducible material approved by the Department of
Planning Services.
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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
Department of Planning Services.
d. The exact scale of the map 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.
e. 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 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 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.
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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. 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 Department of Planning Services. (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 but
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 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.
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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 a five (5) mile radius from the proposed 1041 SEF.
ii. All existing or approved solar facilities lying within the five (5) mile radius.
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 leading out of the proposed
1041 SEF.
ii. Generating capacity of the proposed 1041 SEF.
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,
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 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 SEF.
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.
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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.
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 SEF.
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
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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.
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 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;
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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.
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 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.
16. Any other information required by the Board of County Commissioners or the Department of
Planning Services and communicated to the applicant. The Board may request the applicant
to provide additional information during the public hearing on the application. The applicant
may be granted reasonable continuances to provide such information, if the applicant so
requests. Such additional information may include, but is not limited to:
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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 (soils
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 Department of Planning Services 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 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.
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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 Director of Planning Services.
Sec. 21-7-340. - 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 21-7-330.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).
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.
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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. 21-7-350. -Approval of permit application.
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 has met
the standards or conditions set forth in the Section 1041 Regulations governing the area or
activity of state interest involved in the application, as set forth in this Chapter applicable to
each such area or activity of designation. The burden of proof shall be upon the applicant
to show compliance with such standards or conditions.
B. The Secretary of the Planning Commission shall forward the official recommendation of the
Planning Commission and the information contained in the official record, which includes
the Department of Planning Services case file, to the Clerk to the Board within ten (10) days
after said recommendation has been made.
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 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.
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.
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7. The nature and location or expansion of the facility 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 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.
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 such requirement and condition is necessitated by the
proposed project.
3. All such findings shall be based on material in the administrative record.
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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. 21-7-400. -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 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 SEF 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 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.
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 after initial submission of
evidence, to the Director of Planning Services 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 SEF.
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 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 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 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.
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,
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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: dde1f4A) XL:el
Steve oreno, Chair
Weld County Clerk to the Board
• Sc . J mes, Pro-T
BY: Wes. 4 L . .,i/.t/ •
Deputy Clerk to the Boa -.0.74;'ter
Aar ��' �h, � Perry L. Bu
• �
•
k -' 'Ike Freeman
County • torney
\���owe Lori Saine
Date of signature: 07/1 t-0-1
First Reading: June 14, 2021
Publication: June 18, 2021, in the Greeley Tribune
Second Reading: June 28, 2021
Publication: July 2, 2021, in the Greeley Tribune
Final Reading: July 12, 2021
Publication: July 16, 2021, in the Greeley Tribune
Effective: July 21, 2021
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