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Home My WebLink About20182511.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-05 was introduced on first reading on August 6, 2018, and a public hearing and second reading was held on September 24, 2018. A public hearing and final reading was completed on October 8, 2018, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2018-05 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS, OF THE WELD COUNTY CODE EFFECTIVE DATE: February 1, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 12, 2018 PUBLISHED: October 17, 2018, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE 2018-05 ON FINAL READING Amend Division 6 heading to read as follows: Division 6 - Use of Special Review Permits for PIPELINE — DOMESTIC WATER Amend Sec. 23-2-1020. Application requirements for WOGLA. Any person or an OPERATOR shall be the Applicant for the WOGLA. A WOGLA application shall be submitted to the Department of Planning Services for processing and determination of whether the application is complete and in compliance with the requirements of this Section. Upon the Applicant's or Planning Director's request, made either before or after the submittal of the application, there may be an application meeting between the Applicant and the Department of Planning Services, which may be accomplished through a face-to-face meeting, electronic mail exchange, or conference call, as determined by the Department of Planning Services. The purpose of the application meeting is to give the Applicant an opportunity to demonstrate, through written and graphic information, how the OIL AND GAS FACILITY complies with the standards set forth in this Section. The following supporting documents shall be submitted as a part of the 02i9/g a6// application: A. thru G. — No change. H. A statement and drawing describing the size and approximate location of all on -location FLOWLINES and oil and gas lines, and water pipelines integral to production, and connecting to the OIL AND GAS FACILITY. Remainder of Section — No change. Amend Section 23-2-1110. Intent and applicability. A. thru F. — No change. G. Nothing in this Division shall be construed as exempting an applicant from a County Right -of - Way Use Permit, County Grading Permit, County MS4 Permit or any state or federal laws or regulations. Prior to construction, pipelines permitted through this process shall meet the requirements set forth in the Right -of -Way Use Permit in accordance with Section 12-4-10. H. thru J. — No change. K. Beginning October 1, 2018, all easements obtained for a PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be located outside the existing and future road right-of-way as depicted on the Weld County Functional Classification Map, except at approved right-of-way crossings. A PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted after the effective date of this Division 11, which is erroneously located within an easement obtained on or after October 1, 2018, and within an existing and/or future right-of-way, shall be moved at the expense of the operator and/or permittee upon receipt of notice by Weld County of its intent to improve or construct a roadway within the right-of-way. Amend Sec. 23-2-1130. Application requirements for a LAP. A. thru A.2.f. — No change. g. A decommissioning plan. The decommissioning plan shall address how the pipeline will be properly cleaned, capped and maintained if the pipeline will be abandoned in place or whether the pipeline will be removed from the ground. A.2.h. thru A.6. — No change. B. Easements or rights -of -way for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS or a statement that the applicant is currently in good faith negotiations with the owners of surface properties, irrigation ditch companies and/or affected irrigation ditch easement owners of record at the point crossed by the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. C.1. thru 9. — No change. 10. A statement how the applicant will mitigate any conflicts with any mutual irrigation ditch and/or structures used to transport water within the easement or right-of-way of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, or crossed by the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under consideration. Remainder of Section — No change. Amend Section 23-2-1140. Mapping requirements for PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS A. thru D. — No changes. Add E. A statement from the operator that pipelines permitted through this process shall meet the requirements set forth in the Right -of Way Use Permit, by the Department of Public Works in accordance with Section 12-4-10. Reletter subsequent items. Remainder of Section — No change. Amend 23-2-1150. Review of Application and Issuance of LAP. A. - No change. B. Notice of application for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be given by the Department of Planning Services to surface property owners within one hundred fifty (150) feet on each side of the centerline of the proposed preferred alignment, and to fee interest holders in any real property (excluding mineral interests) proposed to be physically disturbed or crossed by the activity or development which is the subject of the application. Such notification shall be mailed, first- class, no more than ten (10) days after receiving a complete application. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the review/hearing process even if such error results in the failure of a surrounding property owner to receive such notification. C. thru F. — No change. G. At the time of application, the applicant shall submit one (1) electronic copy of the map for preliminary approval to the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-1140 of this Article. Upon obtaining and recording all easements, easement agreements, memoranda of easements, or options for easements for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, a final electronic copy of the map will be submitted to the Department of Planning Services for review. Upon approval of the electronic copy, the applicant shall submit a Mylar map drafted black ink and measuring twenty-four (24) inches by thirty-six (36) inches in size, along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The Mylar map shall be recorded and any additional requirements met within one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution. If the LAP map has not been recorded within one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner/applicant to appear before them and present evidence substantiating that the LAP has not been abandoned and that the applicant possesses the willingness and ability to record the LAP map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the LAP map cannot be met, the Board may, after a public hearing, revoke the LAP. NOTICE OF FINAL READING OF ORDINANCE ' Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-05 was introduced on first reading on August 6, 2018, and a public hearing and second reading was held on September 24, 2018. A public hearing and final reading was completed on October 8, 2018, with changes be- ing made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to -the Board of County Commissioners, located within the Weld County Administration Build- ing, 1150 0 Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday IBm Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure in- clusion of your E -Mail correspondence into the case file, please send a copy to egesick@c o.weld.co.us: ORDINANCE NO. .2018.95 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMEND- MENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS, OF THE WELD COUNTY CODE • EFFECTIVE DATE; February 1, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 12, 2018 CHANGES MADE TO CODE ORINA218-0 Amend Division 6 heading to re dNasEfolows5 ON FINAL READING Division 6 - Use of Special Review Permits for PIPELINE - DOMESTIC WATER Amend Sec. 23-2-1020. Application requirements for WOGLA. Any person or an OPERATOR shall be the Applicant for the WOGLA. A WOGLA application shall be submitted to the Department of Planning Services for processing and determination of whether the application is complete and in compliance with' the requirements of this Section. Upon the .Ap- plicant's or Planning Director's request, made either before or after the submittal of the application, there may be an application meeting between the Applicant and the Department of Planning Serv- ices, which may be accomplished through a face-to-face meeting, electronic mail exchange, or conference call, as determined by the Department of Planning Services. The purpose of the appt- cation meeting is to give the Applicant an opportunity to demonstrate, through written and graphic information, how the OIL AND GAS FACILITY complies with the standards set forth in this Section. The following supporting documents shall be submitted as a part of the application: A. thru G. — No change. H. A statement and drawing describing the size and approximate location of all on -location FLOW - LINES GAS anFACILITY.d oil and gs lines, and water pipelines integral to production, and connecting to the OIL Remainder of Section — No change. Amend Section 23-2-1110. Intent and applicability. A. thru F. — No change. G. Nothing in this Division shall be construed as exempting an applicant from a County Right -of - Way Use Permit, County Grading Permit, County MS4 Permit or any state or federal laws or regu- lations. Prior to construction, pipelines permitted through this process shall meet the requirements set forth in the Right -of -Way Use Permit in accordance with Section 12-4-10. H. thru J. — No change. Y K. Beginning October 1, 2018, all easements obtained for a PIPELINE — NATURAL GAS and PIPE- LINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be located outside the ex- isting and future road right-of-way as depicted on the Weld County Functional Classification Map, except at approved right-of-way crossings, A PIPELINE — NATURAL GAS or PIPELINE — PE- TROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted after the effective date of this Division 11, which is erroneously located within an easement obtained on or after October 1, 2018, and within an existing and/or future right-of-way, shall be moved at the expense of the operator and/or permittee upon receipt of notice by Weld County of its intent toimprove or construct a road- way within the right-of-way. Amend. Sec. 23-2-1130. Application requirements for a LAP. A. thru A.2.f. — No change. g. A decommissioning plan- The decommissioning plan shall address how the pipeline will be prop- arty cleaned, capped and maintained if the pipeline will be abandoned in place or whether the pipe- line will be removed from the ground. A.2.h. thru A.6. — No change. B. Easements or rights -of -way for the PIPELINE - NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS or a statement that the applicant is currently in good faith negotiations with the owners of surface properties, irrigation ditch companies and/or affected irrigation ditch easement owners of record at the point crossed by the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. C.1. thru 9. — No change. 10. A statement how the applicant will mitigate any conflicts with any mutual irrigation ditch and/or structures used to transport water within the easement or right-of-way of the PIPELINE - NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, or crossed by the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under consideration. Remainder of Section — No change. Amend Section 23-2-1140. Mapping requirements for PIPELINE - NATURAL GAS and PIPE- LINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS A. thru D. — No changes. Add E. A statement from the operator that pipelines permitted through this process shall meet the requirements set forth in the Right -of Way Use Permit, by the Department of Public Works in ac- cordance with Section 12-4-10. Releffer subsequent items. Remainder of Section — No change. Amend 23-2;1150. Review of Application and Issuance of LAP. A, - No change. B. Notice of application for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PROD- UCTS OTHER THAN NATURAL GAS shall be given by the Department of Planning Services to surface property owners within one hundred fifty (150) feet on each side of the centerline of the proposed preferred alignment, and to fee interest holders in any real property (excluding mineral interests) proposed to be physically disturbed or crossed by the activity or development which is the subject of the application. Such notification shall be mailed, first-class, no more than ten (10) days after receiving a complete application. Such notice is not required by state statute and is pro- vided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplyingsuch list or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the review/hearing process even if such error results in the failure of a surrounding property owner to receive such notification. C. thru F. - No change. 0. At the rime of application, the applicant shall submit one (1) electronic copy of the map for pre- liminary approval to the Department of Planning Services. The map shall be prepared in accord- ance with the requirements of Section 23-2-1140 of this Article. Upon obtaining and recording all easements, easement agreements, memoranda of easements, or options for easements for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, a final electronic copy of the map will be submitted to the Department of Planning Services for review. Upon approval of the electronic copy, the applicant shall submit a Mylar map drafted black ink and measuring twenty-four {24) inches by thirty-six (36) Inches in size, along with all oth- er documentation required as Conditions of Approval. The Mylar map shall be recorded in the of- fice of the County Clerk and Recorder by the Department of Planning Services. The applicant shell be responsible for paying the recording fee. The Mylar map shall be recorded and any additional requirements met within one hundred twenty (120) days from the date of the Administrative Appro- val or the Board of County Commissioners Resolution. If the LAP map has not been recorded with- in one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution, or within a date specified by the Board of County Commission- ers, the Board may require the landowner/applicant to appear before them and present evidence substantiating that the LAP has not been abandoned and that the applicant possesses the willing- ness and ability to record the LAP'map. The Board of County Cotrfmissioners may extend the date fotttitoording the map, If the Board determines that conditionsAtpittprting the original approval of the. LAP map cannot he met, ;he Board may, after a public hearing, revoke the LAP, The Tribune October 17, 2018 Affidavit of Publication STATE OF COLORADO County of Weld, I Vickie Garretts SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Seventeenth day of October A.D. 2018 and the last publication thereof: in the issue of said newspaper bearing the date of the Seventeenth day of October A.D. 2018 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. October 17, 2018 Total Charges: $46.73 17thday of October2018 My Commission Expires 2/14/2019 Notaryl'ublic JERILYN L. MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074006708 MY COMMISSION EXPIRES FEBRUARY 14, 2019 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-05 was introduced on first reading on August 6, 2018, and a public hearing and second reading was held on September 24, 2018, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on October 8, 2018. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2018-05 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS, OF THE WELD COUNTY CODE DATE OF NEXT READING: October 8, 2018, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 21, 2018 PUBLISHED: September 26, 2018, in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE 2018-05 ON SECOND READING Amend Sec. 23-2-480. Duties of planning commission. A.1. thru 7. — No change. 8. No adverse impact from stormwater runoff to the public rights -of -way and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER. Remainder of Section — No change. ozod-a6/ Amend Sec. 23-2-490. Duties of Board of County Commissioners. A. thru G. — No change. H. No adverse impact from stormwater runoff to the public rights -of -way and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER. Amend Sec. 23-2-510. Application requirements. A. thru C.2.k. — No change. I. A description of any haul routes to be used during construction, identifying roads and bridges involved and the weight of the loads. m. Soils reports required for pipeline crossings or any pipeline encroaching in public right-of-way, if required by the Department of Public Works. n. Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. Amend Sec. 23-2-520. Mapping requirements for PIPELINE — DOMESTIC WATER. A. thru C. — No change. D.1. and 2. — No change. 3. All existing easements of record. 4. Irrigation ditches, canals, and laterals. 5. Adjacent property lines and respective owners' names of record. 6. Topography at a minimum of two -foot contour intervals. Delete 7. and renumber subsequent items. Remainder of Section — No change. Amend Sec. 23-2-1020. Application requirements for WOGLA. A. thru G. — No change. H. A statement and drawing describing the size and approximate location of all FLOWLINES and oil and gas lines, and water pipelines integral to production, and connecting to the OIL AND GAS FACILITY. Remainder of Section — No change. Amend Sec. 23-2-1110. Intent and applicability. A. thru H. — No change. I. The County may require an applicant to submit an Improvements Agreement for Road Maintenance during the construction of required improvements to mitigate impacts caused by any PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The Improvements Agreement shall conform with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to construction. Remainder of Section — No change. Amend Sec. 23-2-1130. Application requirements for a LAP. A LAP applicant may arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. Any changes to the application may require a new LAP as identified in Section 23-2-1110 of this chapter. The following supporting documents shall be submitted as a part of a LAP application: A.1. — No change. 2. A summary statement of the project, to include, when applicable: a. A description of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including the product(s) or substance(s) being transported and its/their source, size, terminus or end of route, and type of PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including any support STRUCTURES involved. b. and c. — No change. d. An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each. The County acknowledges that this outline is subject to change, due to factors including, but not limited to, contractor availability, weather, ability to close right-of-way tracts, and the timing of third party facility completion. e. Information of any Neighborhood Meeting conducted, to include the location, date, time, attendance and method of advertising. Such meeting is not required, but is recommended by the Department of Planning Services to encourage communication between an applicant and the neighbors. f. — No change. Delete g. and reletter subsequent items. 3. — No change. 4. Soils reports required for pipeline crossings or any pipeline encroaching in public right-of- way, if required by the Department of Public Works. 5. Present zone, and OVERLAY DISTRICTS, which include floodplains, if appropriate. 6. Signature of the applicant. Delete B. and reletter subsequent items. B. Easements or rights -of -way for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS or a statement that the applicant is currently in good faith negotiations with the owners of surface properties, irrigation ditch companies and/or affected irrigation ditch easement owners at the point crossed by the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. Delete D. and reletter subsequent items. C. A statement which provides evidence of compliance with the following standards: 1. thru 8. — No changes. 9. A statement that provides evidence of compliance with the requirements for a stormwater construction permit from CDPHE for disturbing more than one acre of land and compliance with Article IX and Article XII of Chapter 8. 10. A statement how the applicant will mitigate any conflicts with irrigation ditch companies and/or affected irrigation ditch easement owners with facilities within the easement or right-of-way of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, or crossed by the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under consideration. 11. — No changes. D. thru G. — No changes. H. The applicant shall consult with the Weld County Office of Emergency Management to put together an Emergency Action Plan. I. Such additional information as may be required by the County. Amend Section 23-2-1140. Mapping requirements for PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The applicant shall provide a LAP map to include: A. — No changes. B. The final map shall be delineated in nonfading permanent black ink on a dimensionally stable polyester sheet, such as, Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width. The mixing of sheet sizes is prohibited. C. — No changes. D. A detailed map showing the approved route through the County. The approved route shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The map shall also include the location of the existing and future right-of- way, above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and permanent access points. The map shall include the location of the following items which exist within the easement boundaries: 1. thru 5. — No change. 6. Topography at a minimum of ten -foot contour intervals. Delete 7. and renumber subsequent items. 7. Any known geologic hazard and/or floodplain locations of record within the PIPELINE easement. 8. Any significant man-made features within one-half (0.5) mile on each side of the approved route. Delete E. and reletter subsequent items. Remainder of Section — No changes. Amend Section 23-2-1150. Review of Application and Issuance of LAP. The Department of Planning Services will review the LAP application to determine if it is complete, which shall occur within seven (7) business days of the filing of the application. The Department of Planning Services shall then be responsible for the following: A. thru F. — No changes. Delete G. and reletter subsequent items. G. At the time of application, the applicant shall submit one (1) electronic copy of the map for preliminary approval to the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-1140 of this Article. Upon obtaining and recording all easements for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, a final electronic copy of the map will be submitted to the Department of Planning Services for review. Upon approval of the electronic copy, the applicant shall submit a Mylar map drafted black ink and measuring twenty-four (24) inches by thirty-six (36) inches in size, along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The Mylar map shall be recorded and any additional requirements met within one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution. If the LAP map has not been recorded within one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner/applicant to appear before them and present evidence substantiating that the LAP has not been abandoned and that the applicant possesses the willingness and ability to record the LAP map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the LAP map cannot be met, the Board may, after a public hearing, revoke the LAP. Amend Section 23-2-1180. Rescission procedures. A. If at any time following the approval of a LAP the Department of Planning Services determines that one (1) or more of the LAP standards set forth in Article II, Division 11, above, has not been met, the Planning Director shall notify the applicant and/or operator of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS of the failure to meet the standard(s). Within thirty (30) days, the applicant and/or operator shall cure the failure to comply with the standard(s) or submit a compliance plan to the Department of Planning Services for approval that outlines how the applicant and/or operator will cure the failure. Any such compliance plan shall provide a date certain by which the applicant and/or operator proposes to cure the failure to comply with the standard(s). If at the end of the thirty (30) days the failure to comply with the standards has not been cured or remedied, or the compliance plan has not been approved, a hearing shall be scheduled before the Board of County Commissioners. Remainder of Section — No changes. Amend Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. thru MM. — No change. Delete NN and OO. Affidavit of Publication STATE OF COLORADO County of Weld, I Vickie Garretts SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty -Sixth day of September A.D. 2018 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Sixth day of September A.D. 2018 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. September 26, 2018 Total Charges: $115.14 vu� 26th day of September2018 My Commission Expires 2/14/2019 Pur is JERILYN L. MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074006708 MY COMMISSION EXPIRES FEBRUARY 14, 2019 NOTICE OF SECOND READING OF ORDINANCE - Pursuant to the Weld County Home Rule Charter. Ordinance Number 2018.05 was im ?reduced on first reading on August 6. 2018, and a public hearing and second reading was held on September 24, 2018, with changes being made as listed below. A public :'' hearing and third reading is scheduled to be held in the Chambers of the Board, locat- ed wane the Weld County Administration Building. 1150 O Street, Greeley. Colorado 80 631 on October 8.2018. All persons in any manner interested in the next reading Lai< i ierdinance are requested to attend and may be heard. Please contact the Clerk me board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day ..i ..re hem mg if, as a result of a disability, you require reasonable accommodatiuns r ze; to participate in this hearing. Any backup material, exhibits or information r •9usiy submitted to the Board of County Commissioners concerning this matter 're examined in the office of the Clerk to the Board of County Commissioners, aieJ e.thrn the Weld County Administration Building, 1150 O Street, Greeley, w: ado between the hours of 8'00 a.m. and 5:00 p.m., Monday thru Friday, or eecessed through the Weld County Web Page (www.co weld.co.us). E -Mail reneges sent to an individual Commissioner may not be included in the case file. To u'osure inclusion of your E -Mail correspondence into the case file, please send a eey rr- agesick@co.weld.ce.us. ORDINANCE NO. 2018-05 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH mi i. 5.1EN? S. CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZA- S tone rHE AS. OF THE WELD COUNTY CODE nett,. OF NEXT READING: October 8, 2018, at 9:00 a.m. ,i COUNTY COMMISSIONERS n, i- H t•.. CeIN?Y. COLORADO DATFFD: ieptember 21 2018 -• iBuScirtD• September 26. 2018. in the Greeley Tribune cHANGES MADE TO CODE ORDINANCE 2018-06 ON SECOND READING An rn,'d Sec. 23-2-480. Duties of planning commission. No change. ii se impact from stormwater runoff to the public rights -of •way and/or g r•ropeties as a result of the PIPELINE - DOMESTIC WATER. on• of Section - No change. rand Sec. 23-2-490. Duties of Board of County Commissioners. .• - No change' ic cc. -'mu impact from stormwater runoff to the public rights -of -way and/or ..,,.'r'ri •g properties as a result of the PIPELINE DOMESTIC WATER and Sec. 23-2-510. Application requirements. ;Li C .:.k. - No change. on .: • Alen of any haul routes to be used during construction. identifying rearL, ... •na•s involved and the weight of the loads. i r Son reports required for pipeline crossings or any pipeline encroaching in public v, t f why, :f required by the Department of Public Works. . information determined to be necessary by the Department of Planniny .y its authorized representative to ensure the protection of the health, safety .,r ifa.? of the inhabitants of the COUNTY. Amend Sec. 23-2-520. Mapping requirements for PIPELINE - DOMESTIC WATER. No change. ed : - No change. 1.cl Pei<tine easements of record. ingotic, ditches, canals. and laterals. �,oioncor. property lines and respective owners' names of record. 'S000r•srhv at a minimum of two -foot contour intervals. ;e'ste 1. and renumber subsequent items. .-'m r.ainder or Section — Ne change. ,rend Sec. 23-2-1020. Application requirements for WOGLA. r'rrs a •- No change. a statement and drawing describing the size end approximate location of all 1WLINES and oil and gas lines, and wader pipelines integral to production. and .•rnecnng to the OIL AND GAS FACILITY. Remainder of Section - No change. Amend Sec. 23-2-1110. Intent and applicability. A. thru H. - No change. I. The County may require an applicant to submit an Improvements Agreement for Road Maintenance during the construction of required improvements to mitigate impacts caused by any PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The Improvements Agreement shall con• form with the County policy for improvements and agreements and must be approved by the Board of Count,. Commie toners prior to constriction. Remainder of Section - No change. Amend Sec 23-2.1130. Application requirements for a t.AP. A LAP applicant may arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - NATURAL GAS and PIPELINE - PETRO- LEUM PRODUCTS OTHER THAN NATURAL. GAS In the unincorporated area of the County. The Department shaii also have the responsibility of ensuring that all appli- cation submittal requirements are met prior to initiating any official action as listed below. Any char ryes to the application may require a new LAP as identified in Section 23-2-1110 of this chapter. The following supporting documents shall be submitted as a part of a LAP application: A.1. - No change. 2. A summary statement of the project, to include, when applicable: a. A deserlptlon of the PIPELINE - NATURAL GAS Or PIPELNE - PETROLEUM PROD- UCTS OTHER THAN NATURAL GAS, including the prbfluet(e) Or substance(s) being transported and its/their source, size, terminus or end of route, and type of PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. including any support STRUCTURES involved. b. and c. - No omega. d. An outline of the planned construction, including startup and commissionlpg schedule, to include the number of stages and timing of each. The County acknowl- edges that this outline Is subiect to change. due to factors including, but not limited to, contractor availability, weather, ability'to dose right-of-way tracts, and the timing of third party facility completion. e. Intormation of any Neighborhood Meeting conducted, to include the location, date, time, attendance and method of advertising Such meeting is not required, but is recommended by the Deparir.ient of Planning Services to encourage communication between an applicant and the , ieighbors. f. - No change Delete g and reletter subsequent items. 3. No change. 4. Soils reports required for pipeline crossings or any pipeline encroaching in publto right of -way, if required by the Department of Public Works. 5. Present zone, end OVERLAY DISTRICTS, which include floodplains, if appropriate. 6 Signature of the applicant. Delete B. and reietter subsequent items. B. Easements or lights of way for the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS or a statement that the applicant is currently in good faith negotiations with the owners of surface properties. irrigation ditch companies and/or affected irrigation ditch easement owners at the point crossed by the PIPELINE - NATURAL GAS or PIPELINE -PETROLEUM PROD- UCTS OTHER TH/ N NATURAL GAS. Delete D. and reletter subsequent items. C. A statement which provides evidence of compliance with the following standards: 1. tutu 8. - No charges. 9. A statement that provides evidence of compliance with the requirements for a stomtwater construction permit from CDPHE for disturbing more than one acre of land and compliance with Article IX and Article XII of Chapter 8. 10. A statement how the applicant will mitigate any conflicts with irrigation ditch companies and/or affected irrigation ditch easement owners with feollities within the easement or right -of -Way of the PIPELINE - NATI IRAL GAS or PIPELINE - PETRO- LEUM PRODUCTS OTHER THAN NATURAL GAS or crossed by the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under consideration. 11. - No changes. D. thru G. - No changes. H. The applicant shall consult with the Weld County Offiderogi tergency Management th put together an Emergency Action Plan. . I. Such additional information as may be required by the County. Amend Section 23-2-1140. Mapping requirements for PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The applicant ;'nail provide a LAP map to include: H. - No changes. if. The final man shall be do/neated in non -fading permanent black Ink on a dkrte-n- sionafry stable polyester sheet, such as, Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width, The mixing of sheet sizes is prohibited. C. - No charms. D. A detailed map showing the approved route through the County, The approved route shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PROD- UCTS OTHER THAN NATURAL GAS. The map shall also Include the. location of the existing and future right-of-way, above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and per- manent access points. The map shall include the location of the following items which exist within the easement boundaries: 1. thru 5. — No change. 6. Topography at a minimum of ten -foot contour intervals. Delete 7. and renumber subsequent items. 7. Arty known geologic haeard endforfloodplaln locatiofte of record within the PIPE- LINE easement. 8. Any significant man-made featapes within one-half (0.5) mile on each side of lire approved route. Delete E. and reletter subsequent items. Remainder of Section — No changes. Amend Section 23-2-1150. Review of Application and Issuance of LAP. The Department of Planning Services will review the LAP application to determine if it Is complete, which shall occur within. seven (7) business days of the filing of the application. The Department of Planning Services shall then be responsible for the following: A, thru E -• No changes. Delete G. and reletter subsequent items. G. At the time of application, the applicant shall submit one (1) electronic copy of the map far preliminary approval to the Department of Planning Services The man shall be prepared In accordance with the requirements of Section 23-2-1140 of this Article. Upon obtaining and recording all easements for the PIPELINE -NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, a final electronic copy of the map will be submitted to the Department of Planning Services for review. Upon approval of the electronic copy, the applicant shall submit a Mylar map drafted black ink and measuring twenty-four (24) inches by thirty-six (36) inches in size, along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The Mylar map shall be recorded and any additional requirements mat within one hundred twenty (120) days from the date of the Administrative Approve! or the Board of County Commissioners Resolution. If the LAP map has not been record- ed within one hundred twenty (120) days from the date of the Admmiatrative Approval or the Board of County Commissioners Resolution, or within a date specified by tlei Board of County Commissioners, the Board may require the landowner/appcert to appear before them and present evidence substantiating that the LAP has not been abandoned and that the applicant possesses the willingness and ability to recern the LAP map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the LAP map cannot be met, the Board may, after a public hearing; revoke the LAP. Amend Section 23-2 1180. Rescission procedures. A. If at any time following the approval of a LAP the Department of Planning Services determines that one (1) or more of the LAP standards set forth In Article II, Divleien 11, above, has not been met, the Planning Director shall notify the applicant and/or operator of the PIPELINE— NATURAL GAS or PIPELINE —PETROLEUM PRODUCTS OTHER THAN NATURAL GAS of the failure to meet the standard(s). Within thirty (30) days, the applicant and/or operator shall cure the failure to comply with the standard(s) or submit a compliance plan to the Department of Planting Servlose tier approval that outlines how the applicant and/or operator wilrcure the failure. Anystloh compliance plan shall provide a date certain by which the applicant and/oroperatar proposes to cure the failure to comply with the standard(s). If at the and of the tlttly (30) days the failure to comply with theetanderds has not been cured or remedied, or the compliance plan has not been approved, a hearing shall be scheduled before the Board of County Commissioners. Remainder of Section — No changes. Amend Sec. 23-3-40, Uses by speci YIeW. The following BUILDINGS, STRUCTUft S and USES may be constructed, occupied. operated and maintained in the A (Agrteultural) Zone District upon approval of a permit in ancordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. thru MM. — No change. Delete NN and 00. The Tribune September 26, 2018 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-05 published below, was introduced and, on motion duly made and seconded, approved upon first reading on August 6, 2018. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on August 29, 2018. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2018-05 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS (PIPELINES), OF THE WELD COUNTY CODE DATE OF NEXT READING: August 29, 2018, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 10, 2018 PUBLISHED: August 15, 2018, in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2018-05 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS (PIPELINES), 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 existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING Amend Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: FLOWLINES: means a segment of pipe transferring oil, gas, or condensate between a wellhead and processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flowline does not include a gathering line. The different types of flowlines are: Wellhead Line: means a FLOWLINE that transfers well production fluids from an oil or gas well to process equipment (e.g., separator, production separator, tank, heater treater), not including preconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure. Production Piping: means a segment of pipe that transfers well production fluids from a wellhead line or production equipment to a gathering line or storage vessel and includes the following: Production Line: means a flowline connecting a separator to a meter, LACT, or gathering line; Dump Line: means a flowline that transfers produced water, crude oil, or condensate to a storage tank, pit, or process vessel and operates at or near atmospheric pressure at the flowline's outlet; Manifold Piping: means a flowline that transfers fluids into a piece of production facility equipment from lines that have been joined together to comingle fluids; and Process Piping: means all other piping that is integral to oil and gas exploration and production related to an individual piece or a set of production facility equipment pieces. Off -Location Flowline: means a flowline transferring produced fluids (crude oil, natural gas, condensate, or produced water) from an oil and gas location to a production facility, injection facility, pit, or discharge point that is not on the same oil and gas location. This definition also includes flowlines connecting to gas compressors or gas plants. Peripheral Piping: means a flowline that transfers fluids such as fuel gas, lift gas, instrument gas, or power fluids between oil and gas facilities for lease use. Produced Water Flowline: means a flowline on the oil and gas location used to transfer produced water for treatment, storage, discharge, injection or reuse for oil and gas operations. A segment of pipe transferring only freshwater is not a flowline. PIPELINE- NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting natural gas which is twelve (12) inches in diameter or larger, as measured from the outside of the pipeline, regardless of hoop stress. ARTICLE II — Permits and Procedures Amend Sec. 23-2-440. Applicability. A. — No change. B. The Board of County Commissioners may approve the establishment of a Use by Special Review for PIPELINE - DOMESTIC WATER by granting a Use by Special Review Permit. All requests for Use by Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission's recommendation shall be forwarded to, and considered by, the Board of County Commissioners. C. — No change. D. Ordinary repairs and maintenance located within easements or rights -of -way of PIPELINE - DOMESTIC WATER approved pursuant to these regulations shall not be treated as a new USE. Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. E. and F. — No change. G. The County may require a Road Maintenance Agreement for the construction of required improvements to mitigate impacts caused by the PIPELINE — DOMESTIC WATER. The Road Maintenance Agreement shall conform with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to operation. H. Prior to construction, Pipelines permitted through this process shall meet the requirements set forth in the Right -of -Way Use Permit, by the Department of Public Works in accordance with Section 12-4-10. Amend Sec. 23-2-460. Prohibition of construction without permit. No person may locate or construct a PIPELINE - DOMESTIC WATER in the County without first obtaining a Use by Special Review Permit pursuant to these regulations. Amend Sec. 23-2-470. Duties of department of planning services. A. Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - DOMESTIC WATER in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 1. — No change. a. thru f. — No change. g. Any irrigation ditch company with facilities within the Right -of -Way or crossed by the PIPELINE — DOMESTIC WATER under consideration. h. thru k. — No change. I. History Colorado. m. Colorado Parks and Wildlife. n. Any other agencies or individuals whose review the Department of Planning Services deems necessary. 2. thru 4. — No change. 5. Notice of application for a PIPELINE - DOMESTIC WATER shall be given to surface property owners within one hundred fifty (150) feet on each side of the centerline of the proposed preferred alignment, and to fee interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or development which is the subject of the application. Such notification shall be mailed, first- class, no less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. Remainder of Section — No change. Amend Sec. 23-2-480. Duties of planning commission. A. The Planning Commission shall hold a hearing to consider the application for the Use by Special Review Permit. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Use by Special Review Permit. The Planning Commission shall approve the request for the Use by Special Review Permit only if it finds that the applicant has met the standards or conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code. The applicant has the burden of proof to show that the standards and conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code are met. The applicant shall demonstrate: 1. — No change. 2. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future development of the surrounding area, as set forth in applicable MASTER PLANS. 3. The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible. 4. — No change. 5. The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - DOMESTIC WATER. 6. — No change. 7. The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. 8. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER. Remainder of Section — No change. Amend Sec. 23-2-490. Duties of Board of County Commissioners. The Board of County Commissioners may approve an application for construction or expansion of a PIPELINE - DOMESTIC WATER only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the following standards: A. — No change. B. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS. C. The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible. D. — No change. E. The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - DOMESTIC WATER. F. — No change. G. The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. H. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER. Amend Sec. 23-2-500. Application for use by special review permit. Any person seeking to locate and construct a PIPELINE - DOMESTIC WATER in the County shall apply for a Use by Special Review Permit on the forms provided by the Department of Planning Services. The application forms shall be accompanied by the supporting documents required by these regulations. Amend Sec. 23-2-510. Application requirements. An adequate number of copies of the application for a Use by Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Use by Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services: A. and B. — No change. C. Summary statement of the project, to include when applicable: 1. — No change. 2. A detailed report shall be submitted which includes information on the following items: a. A description of the PIPELINE - DOMESTIC WATER. b. A description of the preferred route or location of the PIPELINE — DOMESTIC WATER and reasons for its selection. c. thru f. — No change. g. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPELINE - DOMESTIC WATER. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. h. thru j. — No change. k. A traffic narrative describing construction traffic and permanent or temporary access points. I. A description of any haul routes during construction, identifying the roads and bridges involved and the weight of the loads. m. Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. Amend Sec. 23-2-520. Mapping requirements for PIPELINE - DOMESTIC WATER. A. Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size. B. Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services. C. Include a vicinity map at a suitable scale (1" = 2,000' minimum or as approved by the Department of Planning Services) which displays the location of the route within the County and its relationship to towns, major water features and major transportation features. D. Include a detailed map showing the approved route through the County. The approved route shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the PIPELINE — DOMESTIC WATER. The map shall also include the location of the existing and future right-of-way above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and permanent access points. The map shall include the location of the following items which exist within the easement boundaries: 1. The physical location of the road. 2. All existing and future public rights -of -way. 3. All existing utility easements of record. 4. Irrigation ditches. 5. Adjacent property lines and respective owners' names of record. 6. Topography at a minimum of two -foot contour intervals. 7. Soils reports required for pipeline crossings or any pipeline encroaching in public right-of- way. 8. Identify geologic hazard and/or floodplain locations. 9. The map shall include any significant man-made features within one-half (0.5) mile on each side of the route. E. Include detailed drawing of pipeline at intersection of any county road, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. PIPELINE — DOMESTIC WATER must meet the minimum requirements for cover, as determined by the Department of Public Works. F. Legend. G. Development standards. H. The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE - DOMESTIC WATER owner's signature, Planning Commission, and 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. I. Title, scale and north arrow. J. For each parcel that the PIPELINE - DOMESTIC WATER crosses include: (1) Property owner name; (2) Parcel Number; (3) Quarter Section and Section, Township and Range; and (4) Reception Number for the Easement/Rights-of-Way. Amend Sec. 23-2-540. Changes to use by special review permit. Any approved Use by Special Review Permit for a PIPELINE - DOMESTIC WATER shall be limited to the items shown on the Use by Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Use by Special Review Map or DEVELOPMENT STANDARDS for the Use by Special Review Permit for a PIPELINE - DOMESTIC WATER shall require the approval of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Use by Special Review Permit. Amend Sec. 23-2-1020. Application requirements for WOGLA. Any person or an OPERATOR shall be the Applicant for the WOGLA. A WOGLA application shall be submitted to the Department of Planning Services for processing and determination of whether the application is complete and in compliance with the requirements of this Section. Upon the Applicant's or Planning Director's request, made either before or after the submittal of the application, there may be an application meeting between the Applicant and the Department of Planning Services, which may be accomplished through a face-to-face meeting, electronic mail exchange, or conference call, as determined by the Department of Planning Services. The purpose of the application meeting is to give the Applicant an opportunity to demonstrate, through written and graphic information, how the OIL AND GAS FACILITY complies with the standards set forth in this Section. The following supporting documents shall be submitted as a part of the application: A. thru G. — No change. H. A statement and drawing describing the size and approximate location of all FLOWLINES and oil and gas lines, and water pipelines integral to production, connecting to the OIL AND GAS FACILITY. Remainder of Section — No change. Add Division 11 - Location Assessment for PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS (LAP). Sec. 23-2-1110. Intent and applicability. A. A Location Assessment for PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS (LAP) requires additional consideration to ensure the pipeline is developed in a manner that complies with various standards set forth in Division 11 of this Chapter. The LAP is designed to protect and promote the health, safety, and welfare of the present and future residents of the COUNTY. B. A LAP is required for the location or construction of a PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in all zone districts. Any expansion, relocation or enlargement of a PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be treated as a new USE and shall require a new application under the provisions of this Division. C. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be constructed in any zone district until a LAP has been granted by the Department of Planning Services or the Board of County Commissioners. D. The Department of Planning Services shall not issue a building permit for any PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in any zone district until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners. E. No LAP shall be required for ordinary repairs and maintenance of a PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS approved pursuant to these regulations, approved pursuant to an approved Use by Special Review, or located and constructed previously as a Use by Right, if performed within easements or rights -of -way associated with the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a LAP so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. F. Any person filing an application for a LAP shall comply with the procedures and regulations as set forth in this Division. G. Nothing in this Division shall be construed as exempting an applicant from a County Right -of -Way Use Permit, County Grading Permit, County MS4 Permit or any state or federal laws or regulations. H. Applications for a LAP shall be completed as set forth in Section 23-2-1130, below. The completed application and application fees shall be submitted to the Department of Planning Services. I. The County may require an applicant to submit an Improvements Agreement for Road Maintenance during the construction of required improvements to mitigate impacts caused by any PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The Improvements Agreement shall conform with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to operation. J. The review, consideration and issuance of a LAP is an administrative process and is exempt from the definition of DEVELOPMENT set forth in the agreements contained in Chapter 19 of the Weld County Code. K. The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be located outside the existing and future road right-of-way as depicted on the Weld County Functional Classification Map, at the time an applicant submits a LAP application, except at approved right-of-way crossings. A PIPELINE - NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted after the effective date of this Division 11, which is erroneously located within an existing and/or future right-of-way, shall be moved at the expense of the operator and/or permittee upon receipt of notice by Weld County of its intent to improve or construct a roadway within the right-of-way. Sec. 23-2-1120. Prohibition of construction without permit. After the effective date of Division 11, no person may locate or construct a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the County without first obtaining a LAP Permit, pursuant to these regulations, and no Building Permit or Right -of -Way Use permit for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be approved without the applicant first obtaining approval of a LAP Permit pursuant to these regulations. Sec. 23-2-1130. Application requirements for a LAP. A LAP applicant may arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. Any changes to the application may require a new LAP as identified in Section 23-2-1110 of this chapter. The following supporting documents shall be submitted as a part of a LAP application: A. An application for a LAP on a form supplied by the Department of Planning Services. The application shall include the following: 1. The name, address, email and telephone number of the applicant. 2. A summary statement of the project, to include, when applicable: a. A description of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including the product(s) or substance(s) being transported and its/their source, and the capacity, size, destination and type of PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including any support STRUCTURES involved. b. A description of the route or location of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and reasons for its selection. c. Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. d. An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each. e. Information of any public meeting conducted, to include the location, date, time, attendance and method of advertising. f. A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of the applicant's or the operator's employees and the PUBLIC. g. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including hazmat response and environmental remediation. Such outline shall include actions, if any, required of PUBLIC officials, including emergency manager, fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. h. A decommissioning plan. The decommissioning plan shall address how the pipeline will be properly cleaned, capped and maintained or if the pipeline will be abandoned in place or the pipeline will be removed from the ground. i. A description of any haul routes during construction, identifying the roads and bridges involved and the weight of the loads. Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. 3. Existing land USE of the properties where the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will be located. 4. Present zone and OVERLAY ZONING DISTRICTS, if appropriate. 5. Signature of the applicant. B. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. C. Evidence in the application that the applicant has either obtained the easements or rights -of -way for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, or a statement that the applicant is currently in good faith negotiations with the owners of surface properties crossed by the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. D. A statement which explains that the application complies with Article V and Article XI of this Chapter, if the proposal is located within any OVERLAY ZONING DISTRICTS or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. E. A statement which provides evidence of compliance with the following standards: 1. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands. 2. The PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will not have an undue adverse effect on existing and future DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS. 3. The design of the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS mitigates negative impacts on the surrounding area to the greatest extent feasible. 4. The disturbed area shall be maintained during construction by the applicant or property owner in such a manner to control soil erosion, dust and the growth of NOXIOUS WEEDS. 5. The applicant has agreed to implement any reasonable measures deemed necessary by the COUNTY to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 6. All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area. 7. The nature and location or expansion of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. 8. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding properties will result because of the PIPELINE - NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 9. A statement which provides evidence of compliance with obtaining a stormwater construction permit from CDPHE for disturbing more than one acre of land and complies with Article IX and Article XII of Chapter 8. 10. A statement how the applicant will mitigate any conflicts with irrigation ditch companies with facilities within the easement or right-of-way of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, or crossed by the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under consideration. 11. A statement how the applicant will mitigate conflicts with utility companies which might be affected by the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. F. If required, an access permit issued by the COUNTY's Department of Public Works. G. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of owners of surface properties located within 150 feet of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. H. Where an authorized legal agent signs the application for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS on behalf of the applicant, evidence of a power of attorney or other authorization for the signature of the legal agent must be provided. I. If applicable, an Improvements and Road Maintenance Agreement executed by the applicant. This Improvements and Road Maintenance Agreement shall be in accordance with the COUNTY policy and documents for collateral for improvements. If applicable, triggers for construction of future pipeline with the easement. J. The applicant shall consult with the Weld County Office of Emergency Management to put together an Emergency Action Plan, if needed. K. Such additional information as may be required by the County. Section 23-2-1140. Mapping requirements for PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The applicant shall provide a LAP map to include: A. The draft map shall be in electronic form. B. The final map shall be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services measuring twenty-four (24) inches by thirty-six (36) inches in size. C. A vicinity map at a suitable scale (1" = 2,000' minimum or as approved by the Department of Planning Services) which displays the location of the route within the County and its relationship to towns, major water features, irrigation ditches and major transportation features. D. A detailed map showing the approved route through the County. The approved route shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The map shall also include the location of the existing and future right-of- way above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and permanent access points. The map shall include the location of the following items which exist within the easement boundaries: 1. The physical location of any roads within the PIPELINE easement. 2. All existing and future public rights -of -way within the PIPELINE easement. 3. All existing utility easements of public record within the PIPELINE easement. 4. Irrigation ditches within the PIPELINE easement. 5. Adjacent property lines and the names of record of the surface property owners. 6. Topography at a minimum of two -foot contour intervals. 7. Soils reports required for pipeline crossings or any pipeline encroaching in public right-of-way. 8. Any known geologic hazard and/or floodplain locations of record within the PIPELINE easement. 9. The map shall include any significant man-made features within one-half (0.5) mile on each side of the approved route. E. A detailed drawing of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS at intersections of any county road, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Planning Services. Any pipeline crossing an arterial road shall be bored with a minimum of twenty (20) feet below arterial roads, fifteen (15) feet below collector roads, and fifteen (15) feet below paved local roads, and ten (10) feet below gravel local roads, for the full width of the future right-of-way. This depth shall be measured below the lowest roadside ditch flowline elevation. F. Legend, title, scale and north arrow. G. Notes provided by the Department of Planning Services in the Administrative Approval or the Resolution from the Board of County Commissioners. H. The LAP Map shall include certificates for the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS owner's signature and the Department of Planning Services Administrative Approval. The required content of the certificates is available from the Department of Planning Services. I. For each parcel the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS crosses shall include: 1. Property owner name; 2. Parcel Number; 3. Quarter Section and Section, Township and Range; 4. Reception Number for the Easement/Rights-of-Way; and 5. Reception Number of Property Deed(s). Section 23-2-1150. Review of Application and Issuance of LAP. A LAP applicant may arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the unincorporated area of the County. The Department of Planning Services will review the LAP application to determine if it is complete, which shall occur within seven (7) business days of the filing of the application. The Department of Planning Services shall then be responsible for the following: A. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty-eight (28) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28) days shall be deemed to be a favorable response to the Planning Department. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed LAP. The reviews and comments submitted by a referral agency are recommendations to the Department of Planning Services and, as applicable, the Board of County Commissioners: 1. The governing body of any town and county whose boundaries are within three (3) miles of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 2. The Weld County Department of Public Health and Environment. 3. The Weld County Department of Public Works. 4. The Weld County Office of Emergency Management. 5. Colorado Parks and Wildlife. 6. The Colorado Oil and Gas Conservation Commission. 7. The appropriate fire district. 8. The Colorado Department of Transportation. 9. Any irrigation ditch company with facilities on, or adjacent to, the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 10. History Colorado. 11. Any other agencies or individuals to whom the Department of Planning Services deems a referral necessary. B. Notice of application for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be given by the Department of Planning Services to surface property owners within one hundred fifty (150) feet on each side of the centerline of the proposed preferred alignment, and to fee interest holders in any real property (excluding mineral interests) proposed to be physically disturbed or crossed by the activity or development which is the subject of the application. Such notification shall be mailed, first- class, no less than ten (10) days after receiving a complete application. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the review/hearing process even if such error results in the failure of a surrounding property owner to receive such notification. C. Prepare staff comments addressing all aspects of the application, its conformance with the Weld County Code in effect at the time of filing of the application, comments received from agencies to which the proposal was referred, and standards contained in Article II, Division 11, above. D. The Planning Director shall make a determination of the application within 60 days of a complete application and may approve the LAP, if he or she determines that the application provides sufficient evidence showing that the standards set forth in this Division will be met. If the Planning Director determines that the application does not provide sufficient evidence showing that such standards set forth in this Division, will be met, he or she will provide the applicant written notice identifying which standard(s) lack sufficient evidence in the application. If the applicant fails to remedy each identified deficiency within fourteen (14) days of receipt of such written notice by supplementing the Application with additional evidence that is sufficient, in combination with the evidence previously submitted, to meet such standard(s), as determined by the Planning Director, the Planning Director shall forward the application to the Board of County Commissioners for its review and consideration in a formal hearing before the Board. E. If there is a hearing before the Board of County Commissioners the Department of Planning Services shall give notice of the hearing to those persons listed in the application as owners of surface properties located within 150 feet of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. Such notification shall be delivered via first-class U.S. Mail by the Department of Planning Services. F. If there is a hearing before the Board of County Commissioners the Department of Planning Services shall prepare legal notice for the Board of County Commissioners' hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hearing. G. All easements for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS must be in place prior to issuance of the LAP. H. The applicant shall submit one (1) electronic copy of the map for preliminary approval to the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-1140 of this Article. Upon approval of the electronic copy, the applicant shall submit a Mylar map drafted black ink and measuring twenty-four (24) inches by thirty-six (36) inches in size, along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The Mylar map shall be recorded and any additional requirements met within one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution. If the LAP map has not been recorded within one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner/applicant to appear before them and present evidence substantiating that the LAP has not been abandoned and that the applicant possesses the willingness and ability to record the LAP map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the LAP map cannot be met, the Board may, after a public hearing, revoke the LAP. Section 23-2-1160. Compliance with LAP standards. An applicant for a LAP and/or operator of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall demonstrate conformance with, and shall continue to meet, the LAP standards approved and adopted by the COUNTY. Noncompliance with the approved LAP standards may be reason for rescission of the LAP by the Board of County Commissioners. Section 23-2-1170. Changes and termination of USE. A. Substantial changes from the approved LAP shall require the approval of an amended LAP by the Weld County Planning Director. The Department of Planning Services is responsible for determining whether a substantial change exists, in which case a new LAP application and processing may be required. Any other changes shall be filed in the Department of Planning Services in the approved LAP file. B. Construction pursuant to approval of a LAP shall be commenced, and continual progress made within three (3) years from the date of approval, or the approval shall terminate. The Planning Director may grant an extension of time, for good cause shown, upon a written request. C. Upon termination of the USE allowed pursuant to the LAP, the applicant and/or operator of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall follow and comply with the requirements of the decommissioning plan submitted with the application as required above. Section 23-2-1180. Rescission procedures. A. If at any time following the approval of a LAP the Department of Planning Services determines that one(1) or more of the LAP standards set forth in Article II, Division 11, above, has not been met, the Planning Director shall notify the applicant and/or operator of the PIPELINE — NATURAL GAS orPIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS of the failure to meet the standard(s). The applicant and/or operator will be given thirty (30) days in which to cure the failure to comply with the standard(s). If at the end of the thirty (30) days the failure to comply with the standards has not been cured or remedied, a hearing shall be scheduled before the Board of County Commissioners. B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or more of the LAP standards set forth in Sections 23-2-1110 and 23-2-1120, above, has not been met. Upon such a finding, the Board may rescind the LAP and seek any appropriate legal remedies to cease the USE of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. thru BB. — No change. CC.PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 1. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the A (Agricultural) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. Amend Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. thru KK. — No change. Delete LL. and MM. To be replaced as follows: LL. SMALL SCALE SOLAR FACILITY. MM. MEDIUM SCALE SOLAR FACILITY. Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. thru B.9.a. — No change. 10. PIPELINE - NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-1 (Low Density Residential) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. thru 11. — No change. Delete 12. And 13. Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. A. thru B.7. — No change. 8. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-3 (Medium Density Residential) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District. A. thru B.7. — No change. 8. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-4 (High - Density Residential) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-150. R-5 (Mobile Home Residential) Zone District. A. thru B.7. — No change. 8. PIPELINE - NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-5 (Mobile Home Residential) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. thru B.15. — No change. 16. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-1 (Neighborhood Commercial) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. thru 12. — No change. Delete 13. and 14. Remainder of Section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. thru B.18. — No change. 19. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-2 (General Commercial) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. thru 10. — No change. Delete 11. and 12. Remainder of Section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. thru B.18. — No change. 19. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-3 (Business Commercial) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. thru 11. — No change. Delete 12. and 13. Remainder of Section — No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. thru B.11. — No change. 12. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-4 (Highway Commercial) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter: 1. thru 6. — No change. Delete 7. and 8. Remainder of Section — No change. Amend Sec. 23-3-310. I-1 (Industrial) Zone District. A. thru B.15. — No change. 16. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the I-1 (Industrial) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the I-1 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. thru 11. — No change. Delete 12. and 13. and renumber as follows. 12. MEDIUM SCALE SOLAR FACILITY. Remainder of Section — No change. Amend Sec. 23-3-320. 1-2 (Industrial) Zone District. A. thru C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the 1-2 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. thru 20. — No change. Delete 21. and 22. Remainder of Section — No change. Amend Sec. 23-3-330. 1-3 (Industrial) Zone District. A. thru C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the 1-3 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. thru 22. — No change. Delete 23. and 24. Remainder of Section — No change. Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for one (1) or more of the following USES. Land in the E Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-440, below. Uses within the E Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. A. thru J. — No change. K. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 1. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the E (Estate) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. Remainder of Section — No change. Amend Sec. 23-3-430. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the E Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. thru M. — No change. Delete N. and O. Amend Sec. 26-1-50. PUD Districts in RUAs. A. thru B.2.n. — No change. o. WOGLA p. LAP 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. Affidavit of Publication STATE OF COLORADO County of Weld, I Vickie Garretts ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Fifteenth day of August A.D. 2018 and the last publication thereof: in the issue of said newspaper bearing the date of the Fifteenth day of August A.D. 2018 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. August 15, 2018 Total Charges: $442.53 15th day of August2018 My Commission Expires 09/28/2021 KELLY ASH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174040535 MY COMMISSION EXPIRES SEPTEMBLfi3 28, 2021 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2018-05 published below, was introduced and, on motion duly made and seconded, approved upon first reading on August 6, 2018, A public hearing and second reading is scheduled to be held fn the Chambers of the Board, located Wltt0nthe Weld County Administration Building, 1150 0 Street, Greeley, Colorado 80631 on August 29 2010 All persons in any manner Interested in the reading of said Ordinance are requested ',outland and may be heard. Please contact the Clerk to the Board's office at phone (970) 400 4225, or fax (970) 336-7233, prior to the day piffle heating it, as the result of a disability, you require reasonable accommodations In order to participate in this hearing. Any backup material, exhibits or information previously submit₹ed to the Board of County Commissioners concerning this matter may be examined inthe office of the Clerk to the Board of County Commissioners, located within the Weld County Administretioh building, 1150 0 Street. Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.Us). E -Mail messages sent to an. individual Commissioner may not be included in thecasefile. To ensure inclusion of your E -Mail correspondence Into the case file, please send a copy to egesick@ce,weld. coals. ORDINANCE NO, 2018-05 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPT ER 26 REGIONAL URBANIZATION AREAS (PIPELINES), OF THE WELD COUNTY CODE DATE OF F OADING: August 29, 2018, 00 9,00 aim. BOARD OF COUNT,' COMMISSIONERS WELD COUNTY, COLORADO DATED: August 00, 2018 WELD COUNTY CODE ORDINANCE 2018-05 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS (PIPELINES), 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 Commissionersofihe County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Chatter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December28, 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 ppemtanentneture 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 theraln. NOW, THEREFORE, BE IT ORDAINED byfha'b e, a o1 County C repealed reie'gobety dl Weld, State orCbldracle, that car lain edictt15 Chapters of d County Code be, and hereby ale, repealed end re-enadtad, with amendments end the various Grapier: are reclead to read as follows. CHAPTER 23 ZONING Amend Sec. 23-1-00. Definitions. For the purpdsesofthis Chapter, nettets terms or words used herein shall be interpreted eo defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase falters, shall have the meanings stated in this Sentient FLOWLINES: means a segment of pipe transferringoll gas, or condensate between a Wellhead end processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flowline doss not include a gathering line, The different types of flowffnesare; Wellhead Line: means a PLOWLINEthat transients well produotlon fluids from an ail or gas well to process equipment (e.g., sepera .tor, production separator, tank, heater treater), not including preconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure. Production Piping: means a segment of pipetitat transfers well production fields from a wellhead line or production equipment to a gathering line orstorage vessel and includesthefollowing: Production Line: means a flowline connecting a separator to a meter, LAOT, orgathering line; Dump Line: means a flowline that transfers produced water, crude ell, or condensate to a storage tank, pit, or process vessel and operates at or near atmospheric pressure attheflowline's outlet; • Manifold Piping: means a flowline that transfers fluids Into a place of prddudtidn facility equipment from lines that have been joined together to comingie fluids; and Process Piping, means ail other piping that Is integral to oil and gas exploration and produotlon related to an individual piece or e set of production facility equipment pieces, Off -Location Flowline: means 511504ine transferring produced fluids (crude oil, natural gas, condensate, or produced water) front an oil and gas location toe production facility, injection facility, pit, or discharge point that Is not an the same oil and gas location. This definition also includes tlowlines connecting to gas compressors or gas plants. Peripheral Piping; means a flowline that transfers fluids such as fuel gas, lift gas, instrument gas, or powerfluids between oil and gas facilities for lease use. Produced Water Flowline: means a flowline on the oil and gas location used to transfer produced water for treatment, storage, discharge, infection or reuse for all and gas operations. A segment of pipe transferring only freshwater Is not ellowlfne, PIPELINE- NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting natural gas which Is twelve (12) Inches in '1 diameter or larger, as measured from the outside of the pipeline, regardless of hoop stress. ARTICLE II - Permits and Procedures Amend Sec. 23-2-440, Applicability. A. - No change. B. The Board of County Commissioners may approve the establishment of a Use by Special Review for PIPELINE - DOMESTIC WATER by granting a Use by Special Review Permit. All requests for Use by Special Review Permit shall be reviewed by the Plan- ning Commission. The Planning Commission's recommendation shall be forwarded to, and considered by, the Board of County Commissioners. C. - No change. D. Ordinary repairsand maintenance located within easements or rights -et -way of PIPELNE - DOMESTIC WATER approved pur- suantto these regulations shall not be treated as a hew USE. Ordinary repairs and maintenance maybe performed upon STRUC- TURES associated with a Use by Speolal Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. E. and 0 - No change. G. The County may require a Road Maintenance Agreement for theconstruction of required Improvements to mitigate Impacts caused by the:PIPELINE- DOMESTIC WATER, The Road Maintenance Agreement shell conform with the County policy for im- provements and agreements and must be approved by the Board of County Commissioners prior to operation. H. Prior to construction, Pipelines permitted through this process shall meat the requirements set forth in the Right -of -Way Use Permit, by the Department of Public Works In accordance with Section 12-4-10. Amend Sec, 23-2-460. Prohibition of construction without permit. No person may locate or construct a PIPELINE - DOMESTIC WATER In the County without first obtaining a Use by Special Review Permit pursuant to these regulations. Amend Sec. 23-2-470. Dutles of department al planning services. A. Any person wanting to apply fora Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications fore PIPELINE - DOMESTIC WATER In the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that a submitted application Is complete, the staff of the Department of Planting Services shall 1. - No change. a. thm f. - No change. g. Any irrigation ditch company with facilities within the Right -of -Way or crossed by the PIPELINE - DOMESTIC WATER under consideration. h. tent k. - No change. I. History Colorado, m. Colorado Parks and Wildlife. n. Any other agencies or individuals whose review the Department al Planning Services deems necessary. 2. thw 4. —No change. 5. Notice of application fora PIPELINE - DOMESTIC WATER shall be given to surface property owners within one hundred fifty (160) feet on each side of the centerline of the proposed preferred alignment, and to fee Interest holders (excluding mineral Interests) in any real property proposed to be physically disturbed or crossed:by the activity or development which is the subject of the application Such notification shall be malted, first-class, no less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is prodded as a courtesy to surrounding property owners (the surface estate). Inadver- tent errors by the applicant in supplying such list, or the Department of Planning Services In sending such notice, shall not create a jurisdictional defect in tire hearing process even if such error results In the failure of a surrounding property owner to receive such notification. Remainder of Section —No change. Amend Sec. 23-2-480. Duties of planning commiesion. A. The Planning Commission shall hold a hearing to consider the application forthe Use by Special Raylew Permit. The Planning Commission shall provide recommendationsto the Board of County Commissioners concerning the disposition of the requested Use by Special Review Permit. The Planning Commission shall approve the request for the Use by Special Review Permit only if it finds thatthe applicant has met the standards or conditions of Section 23.2-480 of this Division and Chapter 22 of the Weld County Code. The applicant has the burden of proof to show that the standards and conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code are met. The applicant shall demonstrate: 1, -'No change, 2. The PIPELINE - DOMESTIC WATER will ndf Bays an undue adverse effect on existing and future development of the surround- ing areaas set forth In applicable MASTER PLANS, 3. The design Of the proposed PIPELINE -DOMESTIC WATER mitigates negative Impacts on the surrounding area to the greatest extent feasible. 4. - No change.. 6. The applicant has agreed to implement any reasdnabia measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE- DOMESTIC WATER. 6. - No chance. 7. The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not unreasonably Interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. 8. No adverse impact from sformwater runoff, to the public rights -id -Way and/or surrounding properties as a result of the PIPE- LINE - DOMESTIC 'WATER. - - cinder of Section — No change. . MS.. 23.2-490. Duties of Board of County Commissionary, application Is consistent with WA - only of all applicable equirrementss of athe Diivisiion arove an e met. and the applicantcation for has shown that the app�INE- DOMESiIC ent wi pter 22 of the Weld County Code and the following standards: The PIPELINE- DOMESTIC WATER will not have an undue adverse effect on existing and future development change. of the surround - No The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative Impacts on the surrounding area to the greatest area as set forth In applicable MASTER PLANS. art feasible. ers The e applicant pplica any insure hat the health, safety and Welfare of the Inhabitants tants le of the resderailed COUNTY will llbe protected and to oard mitigate o minimize any annul adverse impacts iromfhe. proposed PIPELINE - DOMESTIC WATER, y sig No Mange. The nature and locator or expansion f the PIPELINE - DOMESTIC WATER will not unreasonably interfere with an nilican blife habitat and will not unreasonably affect any endangered wildide species, unique natural resource, known historic landmark archaeological site within the affected area properties as a result of the PIPE- 1NoDOMETIO WATER. adverse Impact, m star nwater runoff, to the public rights -of -way and/or surrounding p p - rend Sec. 23.2-500, Application for use,by special taofew permit for a Use 6 5 eclel y parson seeking to locate and obnstruct a PIPELINE - DOMESTIC WATER in tiral ,ryy shall pply Y p clew e documents rho frequiredsarc id these latperf went of Planning Services. The application formsshall ba accompanied by the pporyneed Sec. 23.2-610. Application requirements, adequate number of copes on₹he application fora Use by Spaniel Review Permit shall be submitted by the applicant to the ;apartment of Planning Services. An application fora Use by Special Review Permit shall contain the following information In such rm as prescribed by the Department of Planning Services: and B. - No change. . Summary statement of the project, to Include when applicable - No change. A detailed report shall be submitted which includes information on the following items: . A description of the PIPELINE - DOMESTIC WATER. , A description of the preferred route or location of the PIPELINE - DOMESTIC WATER and reasons for its selection. .thin f.— No change. 'procedures robe followed in case ofd reported failure or accident invotvingtheproposedPlPE- A description WATER. Such if of the names mes and dvtelephoneunumbells of appropriateacompany optcia required notifyPUBLIC an accident or failure she load and ccunlice off lda s, r. Afrafflc narrative describing construction traffic and permanent or temporary access pons. ,th₹u I. - No change, of A description of any haul routes during construction, idnnntifyipadthe mero of Pa bridges nnnd einvoor lvedeauthorizedthe ht representative loads. n. Any other information determined to be necessary y Insure the protection of the health, safety and welfare of the inhabitants of the COUNTY. linen Sec. 23-2-520. Mapping requirements for PIPELINE - DOMESTIC WATER. t. Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in sire. 5,, Be drafted in black drawing Ink on Mylar or other drafting media approved by the Director of Planning Services. I. Include a vicinity map at a suitable scale (1" = 2,000' minimum or as approved by the Department of Planning Services) which deploys the location of the route within the County and Its relationship to towns, major water features and major transportation 'eaturea. D. Include a detailed map showing the approved route through the County. The apSproved route shall be displayed on a 1:200 llyocatin oflihe exist existing and fuutureright-of-wryd above ground appPurten appurtenances, IInneluding, buTIC t not limited to, valvshall e salso ttesi,llaydownthe yards, parking ch and ist Wltagithareasmemporbiy and permanent access points, The map shell Include the location of the folowing itr. The physical location of the road. 2. Ali 3. All existing utility e easeand future ments ents ofic rights -of -way. record. 4. Irrigation ditches. 5. Adjacent property lines and respective owners' names of record, 6. Topography at a minimum of two -foot contour Intervals. 7. Soils reports required for pipeline crossings or any pipeline encroaching in public right -of -ay. 8. Identify geologic hazard endfortloodplain locations. 9. The map shall include any significant men -made featursection of es Nwithin one-half (0.5) mile on each side of the roat ute. E. Inolude be in plan and profile, and shof alt beg at a scaleof1:100 or as determined broady the Departsection ment of Por ubtleWorks sPIPELINE-DOMES- TIC WATER must meet the minimum requirements for cover, us determined by the Department of Public Works. P. Legend. G. Development standards. for the Planning Commission, and the•Boao of �Conty Comlmissianers and the Clerk to theEBoa d. TThLINE - Oe required contentMESTIC of the certificates is available from the Department of Plnning Services, J. For eachL Title, scale and north arrow. Quarter Section and Section, Township and Range; and (4) Ran ption NumbeOMESTIC WATER crosses include, r for the Easement/Rights owner name;(of Way. Pamel Number, (3) Amend Sec. 23.2-540. Changes to use by special review permit. Any approved Use Rbyeview laReview Permit for a governed byth DINE - DOMESTIC WATER shall be EVELOPMENT STANDARDS. Major ihanges kerns shown on the approved Use by Special to Special Review PDEVELOPMENT Map shall require the' approval Man mendmenttoDtirre permit by 0 a RIann Special Commiss on and approvalfor a by the BoDOMESTIC ard of Countty WATER Services ilsresponsibte far determining ng horn etirerta map or exists. STANDARDS yot err Changeare s shallted. The be'fltd with the Departmeent of Planning Services with the approved Use by Special Review Permit. Amend Sec. 23.2-1020. Application requirements for WOGLA. Any person or an OPERATOR shall be the Applicant for the WOGIA. A WOGLA application shall be submitted to the Depart- ment of Planning Services for processing and determination of whether the application is complete and in compliance with the requirements of this Section. Upon the Applicant's or Planning Director's request, made ether before or after the submittal of the • application, there may bean application meeting between the Applicant and the Department of Planning Services. which maybe purpose of the application meeting is to give the Applicant an opportunitto demonstrate, through written accomplished through a face-to-face meeting, electronic mail exchange, or conference call, as determined by the Department of anti Planning hic Infor The , how and graphic Information, how the OIL AND GAS FAGILRY complies with the standards set form in this Section. The following A. ppucl g docum n is shall be submitted as a part of the a apl₹ccatite looatlon of all FLOWLINES end oil and gas lines, and water thrH. A statement and drawing describing the size andapp pipelines Integral to production, connecting to the OIL AND GAS FACILITY. Remainder of Section - No Change, Add THAN 1 GAS(LAP).ssessment for PIPELINE - NATURAL GAS or PIPELINE- PETROLEUM PRODUCTS OTHER Ad A. A Location Assessment for PIPELINE - NATURAL GAS or PIPELINE- PETROLEUM PRODUCTS OTHER THAN NATURAL Sec. 23-2-1110. intent and applicability. nsure the ine ed n a manner t eGASet frth (LAP) v requires Division it ofith s Chapter.TheLAP Is designed (protect and promlote he health, safety, and welfarevarious of the presentstandards and future residents of the COUNTY. S A LAP is required for Me location or construction of e PIPEUNE - NATURAL GAS or PIPELINE- PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in all zone districts. Any expansion, relocation or enlargement of a PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be treated as a new USE and shall require a new appli- cation under the provisions of this Division. any z Zane district u- ntil a LAP has been granted by the Departure tofOPlanning OTHER Serv,, es oche Board of CL ounty Commissioners. in D. The Department of Nanning Sefvoea shall not Issue a building permit for any PIPELINE - NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in any zone district until a LAP has been Issued by the Department of PlanningNLAP SPrsor theSodfof Canary Commissioners.hairsamat uScantIPLI approved PETROLEUM eU P. No shell be the Boauimd for ordinary haland maintenance of a PIPELINE - NATURAL GAS. PIPELINE - PETROLE PRODUCTS OTHER THAN NATURAL GAS approved pursuant to these regulations, approvedp r aby ssociat- ed with the PIPEor LINE -NATURAL GAS or PId PELINE - PETROLEUreviously as a Use M PRiR fUCTS OTHER erformed THAN NATURALrGAS.Ordinary repairs and maintenance may be performed upon STRUCTURES associated wi a LAP so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. P. Any parson filing an application fora LAP shall comply wdh the procedures and regulations as set forth In this Division. G. Nothing in this Division shall be construed es exempting an applicant from a County Right of Way Use Permit. County Glraading bon Permit, County MS4 Penna or any state or federal laws or regulations. H. Applications fora LAP shall be completed as set forth in Sefton 25-2-1130, below. The completed application and app fees shall be submitted to the Department of Planning Services. I. The County may require an a ploant to submit n Improvements Agreement far Road Mallo nov00 fOr Improvementsduring thCand agree ruction f OTHERTHAN NATURAL GAS, The Improvements AgreeMentshal con t/rm with Lthe County pt PIPELINE PETROLEUM anDUCee means and must be approved by the board of County Commissioners prior to operation. J. The set forth in the consideration 00 contained in LAP iser an of ,nue tr m1d County sodnd Is examptfromthe definition of DEVELOP- . K. The PIPELINE- NATURAL GAS and PIPELINE -PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shat the time an all be located outsidethe applicant submits s existing andfuture road LAP appl cation, except at approvas ed right -St icted on h ay Grossing.e Weld iYA PIPELINE - NATURAL AFunctional CiessificMion or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted after the effective date of this Division 11, which is erroneously locatedWithin ithlin an County ofd/ontature rimprofe ao, hallmct moved d atthe eexp nseright-of-way.ofthe operator and/or pelmittee upon receipt of lds ent gas. 23.2-1120. Prohibition of construction without permit ii pursuant to rheas regulations, LAfter the effectiw EUM PRODUCTS OTOf HER₹THAN NATURAL GAin thlocate County withouttfirst lobtaining NATURAL LAP Pe melt peed PIPELINE tte - P gUlati and no Building Permit or Right -of -Way Use permit for a PIPEUNE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be approved without the applicant first obtaining approval ea LAP Permit pursuant to these regulations. Sac. 23-2-1130. Application requirements for a LAP. A LAP applicant may arrange for a preapploatlon conference with the Departmentf Planning Servicea. The Department of Ran- ning Services shall be responsible for processing all appilcations fora PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM lityof ensuring that a l application s submittal requirements are met prior toinitiat initiating any official p[oshall asisted beowhe responsi- bility Wednesday, August 15, 2018 RAL GAS shall be given by the Department of Planning Services to surfaceproperty ownerswithin one hundred fifty (150) feet on each side of the centerline of the proposed preferred .alignment, end to fee interest holders In anyrealproperty (excluding mineral interests) proposed to be physically disturbed or crossed by the activity or development which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days after receiving a complete application. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant In supplying such list, or the Department of Planning, Services in sending such notice, shall not create a jurisdictional defectinthe review/hearing process even if such error results in the failure of a surrounding property owner to receive such notlfi- ation: C- Prepare staff''dultnents addressing all sepectstotthe application, its con`orrpance with the Weld County Code In effect at the tone of filing of tlfeappllcatior, comments receivedfrom agericteslci 'Which the proposal was refehed, and standards contained in Artio/e R, Division 11, above. D, The Planning Director shall make a determination of the application within 60 days of a complete application and may approve the LAP, If he or she determines that the application provides sufficient evidence showing that the standards set forth in this Division will be met. If the Planning Director determines.that the application does not provide sufficient evidence showing that such standards set forth In this Division, wit be met, he or she will provide the applicant written notice identifying which standard(s) lack sufficient evidence in the application. If the applicant fails to remedy anon identified deficiency within fourteen (14) days of receipt of such written notice by supplementing the Application with additional evidence that Is sufficient, In combination with the evidence previously submitted, to meet such standard(s), as determined by the Planning Director, the Planning Director shall forward the application to the Board of County Commissioners for Its review and consideration Inc formal hearing before the Board. E. If there Is hearing before the Board of County Commissioners the Department of Planning Services shell give notice of the hearing to those persons listed In the application as owners of surface properties located within 100 feet of the PIPELINE — NATURAL GAS or PIPELINE— PETROLEUM PRODUCTS OTHER THAN'NATURAL GAS. Such notification shall be delivered via first-class U.S. Mall by the Department of Planning Services. E If there Is a hearing before the Board of County Commissioners the Department of Planning Services shall prepare legal notice for the Board of County Commissioners' hearing to be published in the newspaper designated by the Board of County Commis- sioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hearing. • G. Alt easements for the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS must be in place prior to Issuance of the LAP. H. The applicant shall submit one (1) electronic copy of the map for preliminary approval to the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-1140 of this Article. Upon approval of the elec- tronic copy, the applicant shall submit.e Mylar map drafted black ink and measuring twenty-four (24) Inches by thirty-six (36) inches In size, along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The Mylar map shall be recorded and any additional requirements met within one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution. If the LAP map has not been recorded within one hundred twenty (120) days from the date of the AdministrativeApproval or the Board of County Commissioners Resolution, or within a date specified by the Board Of County Commissioners, the Boardtmay require the landowner/applicant to appear before them and present evidence substantiatingthat the LAP has off been abandoned and that the applicant possesses the willingness and ability to record the LAP map. The Board of County Commissioners may extend the date for recording the map. tithe Board determines that conditions supporing.the original approval of the LAP map cannot be Met, the Board may, afterepubllc hearing, revoke the LAP Section 23-2.1160. Compliance with LAP standards. Anapplicantfor a LAP and/or operator of the PIPELINE- NATURALGAS.or PIPELINE -PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall demonstrate conformance with, and shallpontinue to meet, the LAP standards approved and adopted by the COUNTY. Noncompliance with the approved LAP standards may berdason for rescission of the LAP by the Board of County Commissioners, Section 29-2-1110. Changes and termination Of USE. A. Substantial changes from the approved LAP shall require the approval of an amended LAP by the Weld County Planning Director The Department of Pia0flog Services is responsible for determining whether a substantial change exists, in which case a new LAP application and prdoessing may be required, Any otherohenges shall be filed in the Department of Planning Services in the approved LAP file. B. Construction pursuant to approval of a LAPshall be commenced, and continual progress made within three (3) years from the date of approval, or the approval shall terminate. The Planning Director may grant an extenslon oftlme, far good cause shown, upon a written request. C. Upon termination of the USE allowed pursuant to the LAP, the applicant and/cal-operator of the PIPELINE= NATURAL GAS or PIPEUNE - PETROLEUM PRODUCTS OTHER THAN NATURALGAS shall follow and comply with the requirements of the decom- missioning plan submitted with the application as required above. Section 23-2.1000. Rescission procedures. A. If at any time following the approval of a LAP the Department of Planning Services determines that one (1) or more of the LAP standards set forth in Article. 0, Division 11, above,.has not been Met the Planning Director shall notify the apphbant andfor = operator of the PIPELINE NATURAL CAS of PIPELINE- PETROLEUM PRODUCTS OTTIERTHAN NATURAL GAS of the failure to meet the standard(s), The applicant and/or operator will be given thirty (30) days in which to cure the failure to comply with the stendai0)5). If at the end of the thirty (30) daysnhe failure tocomply.with thestandards has not been Cured or remedied a hearing shell be sohedulod before the Board of County Commissioners. B. The Beard of County Commissioners shall hold a public hearing to determine if one (1) or more of the LAP standards set forth r' in Sections 23-2-1110 and 23-2-1120, above, has not been met. Upon such a finding, the Board may rescind the LAP and seek any appropriate legal remedies to cease the USE of the PIPELINE- NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS .. OTHER THAN NATURAL GAS. Amend Sec. 20-3-20. Uses allowed by right. No BUILDING, STRUCTURE or lend shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or mom of the following USES. Land In the A (AgrictilturalyZone District Is subject to the schedule of bulk requirements contained In Section 23-0.50 below. USES within the A (Agricultural( Zone District shall also be sub)ectto additional requirements Contained In A6ioiae IV and V of this Chapter. A. thm BB. - No change. CC. PIPELINE- NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 1. LAP Required. No PIPELINE- NATURAL GAS or PIPELINE -PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the A (Agricultural) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners In accordance with the application procedures set forth in Division 11, of this Chapter. Amend Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES maybe constructed, occupied, operated and maintained in the A (Agricuhur- a/ Zone District upon approval of a permit In accordoox withihdrequirements and procedures set forth in Article II, Division 4 of this Chapter A. thw Mk. - No change. Delete LL. and MM. lb be replaced as follows: LL SMALL SCALE SOLAR FACILITY. MM. MEDIUM SCALE SOLAR FACILITY Amend Sec, 23-3-110. R-1 (Lew -Density Resldendfef)tanaPiatetot: A. bra B.g.a. - No change. 10. PIPELINE- NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, a LAP Required.. No PIPELINE- NATURAL GAS or PIPELINE —PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be Delete 9 L and 12. Division 4 of this Chapter 1, thru 20. - No change. Delete 21, and 22. Remainder of Section - No change. Amend Sec. 23-3-330. I-3 (industrial) Zone District. A. thru C, - No change. 0, Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained In the I-3 Zone District upon the approval of a permit in accordance with the requirements arid procedures set forth in Article II, Division 4 of this Chapter. 1. thru 22. — No change. Delete 23, and 24; Remainder of Section— No change. Amend Sec. 23-3-410. Uses allowed by right. No BUILDING,. STRUCTURE or landshalt be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged ormaintained' in the E Zone District excbpt for one (1) or more of the following USES. Land In the E Zone District must be USED In compliance with the bulk requirements contained in Section 23-3.440, below Uses within the E Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. A. thru J. - No change, K, PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 1, LAP Required, No PIPEtE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the E (Estate) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners. in accordance with the application proceduresset forth in Division 11, of this Chapter, Remainder of Section - No change, Amend Sec. 23-3-430. Uses by special review. The following- BUILDINGS, STRUCTURES and USES maype.conStructed, occupied, operated and maintained In the E Zone Dis- trict upon approval of a permit In accordancewith the requirements and procedures set forth in Article II. Division 4 of this Chapter. A, thru M. - No change. Delete N. and 0. Amend Sec. 26.1-50. PUD Districts in RUAs. A. thru B,2,n, - No change. o, WOGLA P, LAP 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 Codewith 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 �tumbering or placeMent of chapters, articles, divisions, sections, and subsections in said Code. SE.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, subsectlon} 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 Tribune August 15- 2018 till I Kitllil't Arty changes te the application may require a new LAP as Identified in Section 23-2-1110 of this chapter. The following supporting docufnetts shall be submitted as a=part of a LAP application: A. An application for a LAP one farm supplied by the Department of Planning Services. The application shall Include the follow- ing: 1. The name, address, swat and telephone number of the applicant. 2. A summary statement of the project, to lnclude, WI 15i applicable: a. A description of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including the product(s) or substance(s) being transported and Its/their source, and the capacity, size, destination and type of PIPELINE - NATURAL GAS or PIPEUNE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, Including any support STRUCTURES involved. b. A description of the route or location of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and reasons for Its selection. c. Procedures to be employed In mitigating any adverse impacts of the proposed routesor sites of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTI-IER THAN NATURAL GAS, d. An outline of the planned construction, including startup and commissioning schedule, to Include the number of stages and timing of each. e, Information of any public meeting conducted, to include the location, date, time, attendance and method of advertising. f. A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfere of the applicant's i the operator's employees and the PUBLIC. g. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPE- LINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including hazmat response and environmental remedlation, Such outline shall include actions, if any, required of PUBLIC officials, including emergency manager, fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. h. A decommissioning plan. The decommissioning plan shall address how the pipeline will be properly cleaned, capped and maintained or If the pipeline will be abandoned in place or the Pipeline will be removed from the ground. i. A description of any haul routes during construction, identifying the roads and bridges involved and the weight of the loads, j. Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the Inhabitants of the COUNTY, 3, Existing land USE of the properties where the PIPELINE - NATIJRAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will be located, 4. Present zone and OVERLAY ZONING DISTRICTS, If appropriate. 5. Signature of the applicant. B. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggest- ed by the Planning Services staff to encourage communication between a land use applicant and the neighbors. C. Evidence In the application that the applicant has either obtained the easements or rights of way for the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, or a statement that the applicant is currently in good faith negotiations with the owners of surface properties crossed by the PIPELINE - NATURAL GAS or PIPELINE - PETRO- 10 LEUM PRODUCTS OTHER THAN NATURAL GAS. Dot D. A statement which explains that the application complies with Article V and Article XI of this Chapter, if the proposal is located 9d within any OVERLAY ZONING DISTRICTS or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. no E. A statement which provides evidence of compliance with the following standards: > 1. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES 31N and lands, T ` 2, The PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will not have an undue 1W adverse effect on existing and future DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS, LO 3. The design of the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS 1W mitigates negative impacts on the surrounding area to the greatest extent feasible. i 4. The disturbed area shall be maintained during construction by the applicant or property owner in such a manner to control soil 'oi erosion, dust and the growth of NOXIOUS WEEDS. H 5. The applicant has agreed to implement any reasonable measures deemed necessary by the COUNTY to ensure that the 'd health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse 9 impacts from the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. S 6. All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best =u" Interests of the people of the COUNTY and represents a balanced use of resources in the affected area., 7. The nature and location or expansion of the PIPELINE - NATURAL GAS or PIPELINE -PETROLEUM PRODUCTS OTHER THAN 'e NATURAL GAS will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered IS wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. id 8, No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding properties will result because of the d PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. d 9. A statement which provides evidence of compliance with obtaining a stormwater construction permit from CDPHE for disturb- d ing more than one acre of land and complies with Article IX and Article XII of Chapter 8, 0 10. A statement how the applicant will mitigate any conflicts with irrigation ditch companies with facilities within the easement e or right-of-way of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, or 0 crossed by the PIPELINE - NATURAL GAS or PIPEUNE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under consider- c' aeon. ii 11. A statement how the applicant will mitigate conflicts with utility companies which might be affected by the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. F. If required, an access permit issued by the COUNTY'S Department of Public Works. G, A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor s of owners of surface properties located within 150 feet of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS 0 OTHER THAN NATURAL GAS, The source of such list shall he the records of the County Assessor, or an ownership update from a d title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder, If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. L H. Where an authorized legal agent signs the application for the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PROD- 7' UCTS OTHER THAN NATURAL GAS on behalf of the applicant, evidence of a power of attorney or other authorization for the signature of the legal agent must be provided. d" I. If applicable, an Improvements and Road Maintenance Agreement executed by the applicant. This Improvements and Road d Maintenance Agreement shall be in accordance with the COUNTY policy and documents for collateral for improvements. If appli- i cable, triggers for construction of future pipeline with the easement, d J. The applicant shall consult with the Weld County Office of Emergency Management to put together en Emergency Action Plan, G If needed. K Such additional information as may be required by the County, Section 23-2-1140. Mapping requirements for PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The applicant shalt provide a LAP map to Include; A. The draft map shall be in electronic form. B. The final map shall be drafted In black drawing ink on Mylar or other drafting media approved by the Director of Planning f- Services measuring twenty-four (24) inches by thirty-six (36) inches in size. C. A vicinity map at a suitable scale (1" = 2,000' minimum or as approved by the Department of Planning Services) which displays I the location of the route within the County and its relatlohship to towns, major water features, Irrigation ditches and major transpor- tation features. D. A detailed map showing the approved route through the County. The approved route shall be displayed on a 1:200 scale map, The map shall show the recorded easements for the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The map shall also include the location of the existing and future right-of-way above ground appurtenances, 1 including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and permanent access points. The t' mapshall include the location of the following Items which exist within the easement boundaries: 1, The physicallocation of any roads within the PIPELINE easement. ' 2. At existing end future public rights -of -way within the PIPELINE easement. 3. All existing utility easements of public record withln`the PIPELINE easement, 4. irrigation' ditches within the PIPELINE easement, 5. Adja5ent preperty lines and the names of record of the surface property owners, 6. Topography at a minimum of two -foot contour Intervals. 7. Solis reports required for pipeline crossings or any pipeline encroaching in public right of way. 8. Any known geologic hazard and/or floodplain locations of record within the PIPELINE easement. 9, The map shall include any significant man-made features within one-half (0.5) 'mile on•each side of the approved route. E. A detailed drawing of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM -PRODUCTS OTHER THAN NATURAL GAS at intersections of any county road, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of le100 or as determined by the Department of Planning Services. Any pipeline crossing an arterial road shall be bored with a minimum of twenty (20) feet below arterial reads, fifteen (15) feet below collector roads, and fifteen (15) feet below paved local roads, and tern (10) feet below gravel local roads, for the full width of the future right-of-way, This depth shall be measured below the )p i '. roadside ditch flowllne elevation. F, scale and north arrow. G. e` it:4 pion ided by the Department of Planning Services In the Administrative Approval or the Resolution from the Board of , ners. H, a shall Include certificates for the PIPELINE - NATURAL GAS and PIPELINE -PETROLEUM PRODUCTS OTHER owners signature and the Department of Planning Services Administrative Approval. The required content of ble from the Department of Planning Services. h parcel the PIPEUNE -NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS Include: 0 aV and 2.1150. Review of Application and tesuance of LAP. A cant may arrange fora preapplicatlon conference with the Department of Planning 1e Department of Planning Services shall be responsible for processing all applications fora PIPELINE - NATURAL GAS and (PiPEL(NE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the unincorporated area of the County. The Depart- ment of Ptafining Services will°review the LAP application to deterrmne If it is complete. whioh'shall occur within seven (7) business days of:thetiiling of the application. The Department of Planning Services shall then be responsible for the following: A. Refer thttf application to the fotowtng agencies, when applicable, for review and comment. The agencies named shall respond within Twenty-eight (28) days after the mailing of theapplication by the COUNTY. The failure of any agency to respond within twen- ty-eight"(28) days shall be deemed to be a favorable response to the Planning Department. The reviews and comments solicited by the COUNTY are intended to provide•the COUNTY with information about the proposed LAP. The reviews and comments sub- mitted by a referral agency are recommendations to the Department of Planning Services and, as applicable, the Board of County Commissioners: 1, The governing body of any town and county whose boundaries are within three (3) miles of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM. PRODUCTS OTHER THAN NATURAL GAS, 2, The Weld County Department of Public Health and Environment, 3, The Weld County Department of Public. Works, 4. The Weld. County Office of Emergency Management, 5. Colorado Parks and Wildlife, 6. The Colorado Oil and Gas Conservation Commission. 7. The appropriate fire district, 8, The Colorado Department of Transportation. 9, Any irrigation ditch company with facilities on, or adjacent to, the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 10. History Colorado, 11, Any other agencies or individuals to whom the Department of Planning Services deems a referral necessary. B. Notice of application fora PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATO- Remainder of Section - No change. Amend Sec. 23.3-230. C-3 (Business Commercial) Zone District. A, thru 8.18, - No change, 19, PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, a. LAP Required. No PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-3 (Business Commercial) Zone District until a LAP has been Issued by the Department of Planning Services or the Board of County Commissioners in accordance wtth the appllcation procedures set forth in Division 11, of this Chapter. C. - No change, D, Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with the requirements of Article II; Division 4 of this Chapter, 1. thru 11„ - No change. Delete 12, and 13: Remainder of Section - No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. thru 8.11, - No change, 12, PIPELINE- NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required, No PIPELINE - NATURAL GAS or PIPELINE- PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-4 (Highway Commercial) Zone District until a LAP has been Issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. - No change. D. Uses by Special Revlew, The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article It, DIvIsion 4 of this Chapter. 1. thru 6. - No change. Delete 7. and 8. Remainder of Section - No change. Amend Sec. 23-,3310.1-1 (Industrial) Zone. District. A. thru 81.5. '- Na change. 10, PIPELINE NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP:.Required. No PIPELINE -NATURAL GAS or PIPELINE- PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be deveiiaped inane I-1 (Industrial) Zone Districtuntil a LAP has been issued by the Department Df Planning Services or the Board of County Ccmtnlaslonera in accordance with the application procedures set forth'ln Division 11, of this Chapter, C.-, No change. D. Uses by' pecial-Review, The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the t-1 ZoneDlstrlct upon the'approval of a permit in accordance with the requirements and procedures set forth itiArticle II, Divlslon.4 ofthis Chapter, 1, thru t 1 NO change, Delete 12 and' %and.renial 12. ' MEOW SCALES Remainder 6f Section .= N Amend "Bev. 23-3.32(1.12. A. thru C. - No change: D. Uses by Special Review. The folowing::BUILDINGS, STRUCTURES and USES may constructed, occupied .or maintained in the 1,2 Zone: District uoon the abprovalata oermitan accordance with the reauirements and orocedures set forth in Article II. NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on August 29, 2018, and September 17, 2017. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the Building Official, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 400-3519, or the Clerk to the Board's Office at (970) 336- 7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET #: 2018-81 PLANNING COMMISSION DATE: July 17, 2018 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: August 6, 2018 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2018-05 PRESENTED BY: MICHELLE MARTIN REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS (PIPELINES), OF THE WELD COUNTY CODE PLANNING COMMISSION WELD COUNTY, COLORADO DATED: June 22, 2018 PUBLISHED: June 27, 2018, in the Greeley Tribune 2018-2511 Affidavit of Publication NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration. Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on August 29, 2018, and September 17, 2017. • The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the Building Official, or at the office of the Clerk to the Board of County Commissioners, Weld County Ad- ministration Building, 1150 O Street, Greeley, Colorado 80631. • E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence intothe case fire prior to the Planning, Com- mission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to- the Board of Commissioners hearing E-mail ellesickcco.weld,co.us If a court reporter is desired for either hearing please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with DisabilitiesAct, if special accommodationsare required in order for you to participate in this hearing, please contact the.Depart- meet of Planning Services at (970) 400.3519, or the Clerk to the - Board's Office at (970) 336-7215, Ext. 4226, prior to the f the hearing. All cases scheduled before the Planni ommis- sion or Board of County Commissioners are subject to continu- ance, due to lack of quorum or otherwise. Contact the Depart- ment of Planning Services or the Clerk to the Board's Office at the nudrbers above, for hearing continuance information. DOCKET tf: 2018-81 • PLANNING COMMISSION DATE: July 17, 2018 TIME: -'12:30p.m. BOARD OF COMMISSIONERS DATE: August 6, 2018 TIME: 9:00 a.m. . CASE NUMBER: ORDINANCE 2018-05 PRESENTED BY: MICHELLE MARTIN REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION: AREAS (PIPE- LINES), OF THE WELD COUNTY CODE PLANNING COMMISSION WELD'COUNTY; COLORADO DATED: June 22, 2018 PUBLISHED: June 27, 2018, in the GreeleyTribune The Tribune June 27, 2018 STATE OF COLORADO County of Weld, I Vickie Garretts ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty -Seventh -day of June A.D. 2018 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty-Seveth day of June A.D. 2018 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 27, 2018 Total Charges: $16.76 27111 day of June 2018 My Commission Expires 09/28/202I KELLY ASH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174040535 MY COMMISSION EXPIRES SEPTEMBER 28, 200.11 Hello