HomeMy WebLinkAbout20183226.tiffWELD COUNTY
CODE ORDINANCE 2018-05
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS, 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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:
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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.
Amend Division 6 - Use by Special Review Permits for PIPELINE - DOMESTIC WATER
ARTICLE II — Permits and Procedures
Amend Sec. 23-2-440. Applicability.
A. — No change.
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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.
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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.
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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 he 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.
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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 to be used during construction, identifying roads and
bridges involved and the weight of the loads.
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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. 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 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.
7. Identify geologic hazard and/or floodplain locations.
8. 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.
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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 on -location
FLOWLINES and oil and gas lines, and water pipelines integral to production, and connecting
to the OIL AND GAS FACILITY.
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Remainder of Section — No change.
Add Division 11 - Location Assessment for PIPELINE — NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS (LAP).
Amend 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. 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.
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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 construction.
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. 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.
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.
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. An application for a LAP on a form supplied by the Department of Planning Services. The
application shall include the following:
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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, 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. 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. 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. 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 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.
h. A description of any haul routes during construction, identifying the roads and bridges
involved and the weight of the loads.
i. 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.
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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 ZONING DISTRICTS, which include floodplains, if
appropriate.
6. Signature of the applicant.
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. 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.
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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 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 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.
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.
D. If required, an access permit issued by the COUNTY's Department of Public Works.
E. 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.
F. 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.
G. 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.
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.
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Amend Section 23-2-1140. Mapping requrements 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 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. 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 ten -foot contour intervals.
7. Any known geologic hazard and/or ioodplain 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.
E. A statement from the operator that pipeines 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.
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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).
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. 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.
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%%n740111111
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 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. 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.
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1111 I ' IMEilil'IC MIA Yoh Bill
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. 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.
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.
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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 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.
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.
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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.
LL. SMALL SCALE SOLAR FACILITY.
MM. MEDIUM SCALE SOLAR FACILITY.
Delete NN and OO.
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.
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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.
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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 12. and 13.
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.
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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.
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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 subsequent items.
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.
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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.
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Delete N. and O.
CHAPTER 26
RURAL URBANIZATION AREAS ("RUAs")
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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 rid�'r� WWI M AY1 11111
2018-3226
ORD2018-05
The above and foregoing Ordinance Number 2018-05 was, on motion duly made and
seconded, adopted by the following vote on the 8th day of October, A.D., 2018.
ATTEST: f1tit4/ J
Weld County Clerk to the Board
BY 6Z .
puty Clerk to the Boar
APP ED A
ounty Attorney
Date of signature: t of to I
Publication:
June 27, 2018
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
< 1
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro -Tern
First Reading: August 6, 2018
Publication: August 15, 2018, in the Greeley Tribune
Second Reading: August 29, 2018
con't to: September 24, 2018
Publication: September 26, 2018, in the Greeley Tribune
Final Reading: October 8, 2018
Publication: October 17, 2018, in the Greeley Tribune
Effective: February 1, 2019
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII ���l� W� F�1'II4il k�G:4� N 11111
2018-3226
ORD2018-05
‘,712
WELD COUNTY .60
c
CODE ORDINANCE 2018 -05 .qcy-
/o o 1/,' !
IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 23
ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS , 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 :
PAGE 1
2018- 3226
ORD2018 -05
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 .
Amend Division 6 - Use by Special Review Permits for PIPELINE -- NATURAL GAS and
PIPELINE - PETROLEUM PRODUCTS O- - ER - - AN NA-URA . GAS ant PIPELINE -
DOMESTIC WATER
ARTICLE II - Permits and Procedures
Amend Sec . 23 -2-440 . Applicability .
A . — No change .
PAGE 2
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ORD2018- 05
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
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ORD2018-05
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
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ORD2018-05
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
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ORD2018-05
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 to be used during construction, identifying roads and
bridges involved and the weight of the loads
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ORD2018-05
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 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 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
7 Identify geologic hazard and/or floodplain locations
8 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
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ORD2018-05
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 on - location
FLOWLINES and oil and gas lines , and water pipelines integral to production , and connecting
to the OIL AND GAS FACILITY .
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Remainder of Section — No change .
Add Division 11 - Location Assessment for PIPELINE — NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS ( LAP ) .
Amend 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 . 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 .
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ORD2018- 05
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 construction .
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--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 ; at the tme 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 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 .
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 .
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 :
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ORD2018-05
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 . 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 . 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 . 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. 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 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 .
h . A description of any haul routes during construction , identifying the roads and bridges
involved and the weight of the loads .
i . 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 .
PAGE 11
2018- 3226
ORD2018-05
3 . Existing land USE of the properties where the PIPELINE — NATURAL GAS or PIPELINE
— PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will be located .
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 ZONING DISTRICTS , which include floodplains , if
appropriate .
6 . Signature of the applicant .
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 . 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 .
PAGE 12
2018- 3226
ORD2018 -05
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 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
with any mutual irrigation ditch
and/or structures used to transport water 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 .
D . If required , an access permit issued by the COUNTY' s Department of Public Works .
E . 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 .
F . 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 .
G . 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 .
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 .
PAGE 13
2018 - 3226
ORD2018-05
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 . The draft map shall be in electronic form .
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 . 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 ten -foot contour intervals .
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 .
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 .
PAGE 14
2018- 3226
ORD2018- 05
€F . Legend , title , scale and north arrow .
FG . Notes provided by the Department of Planning Services in the Administrative Approval or the
Resolution from the Board of County Commissioners .
GH . 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 .
HI . 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 ) .
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 . 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 .
PAGE 15
2018 - 3226
ORD2018-05
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 I-emore 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 .
PAGE 16
2018- 3226
ORD2018 - 05
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 . 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 .
S ection 23-2 - 1160 . Compliance with LAP standards .
An applicant for a LAP and/or operator of the PIPELINE — NATURAL GAS or PIPELINE -
P ETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall demonstrate conformance with ,
and shall continue to meet , the LAP standards approved and adopted by the COUNTY .
N oncompliance with the approved LAP standards may be reason for rescission of the LAP by the
Board of County Commissioners .
PAGE 17
2018- 3226
ORD2018 -05
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 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
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
PAGE 18
2018-3226
ORD2018-05
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
LL SMALL SCALE SOLAR FACILITY
MM MEDIUM SCALE SOLAR FACILITY
Delete NN and OO
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
PAGE 19
2018-3226
ORD2018-05
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
PAGE 20
2018-3226
ORD2018-05
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 12 and 13
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
PAGE 21
2018-3226
ORD2018-05
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
PAGE 22
2018-3226
ORD2018-05
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 subsequent items
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
PAGE 23
2018-3226
ORD2018-05
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
PAGE 24
2018-3226
ORD2018-05
Delete N and O
CHAPTER 26
RURAL URBANIZATION AREAS ("RUAs")
Amend Sec 26-1-50. PUD Districts in RUAs.
A thru B 2 n — No change
o WOG LA
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
PAGE 25
2018-3226
ORD2018-05
The above and foregoing Ordinance Number 2018-05 was, on motion duly made and
'seconded, adopted by the following vote on the 8th day of October, A D , 2018
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Steve Moreno, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro -Tern
BY
Deputy Clerk to the Board
Sean P Conway
APPROVED AS TO FORM
Julie A Cozad
County Attorney
Date of signature
Publication June 27, 2018
First Reading
Publication
Mike Freeman
August 6, 2018
August 15, 2018, in the Greeley Tribune
Second Reading August 29, 2018
con't to September 24, 2018
Publication September 26, 2018, in the Greeley Tribune
Final Reading
Publication
October 8, 2018
October 17, 2018, in the Greeley Tribune
Effective February 1, 2019
PAGE 26
2018-3226
ORD2018-05
Jr/Get-12
WELD COUNTY Attec6e
CODE ORDINANCE 2018 -05 / O/a V /I
IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 23
ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS , 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 :
PAGE 1
2018- 3226
ORD2018 - 05
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 , natura ! 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 .
Amend Division 6 - Use by Special Review Permits for PIPELINE --- NATURAL GAS and
PIPELINE - -DESRO _EU-Ar ' R —S Cr - ER -IAN NATURAL GAS and PIPELINE -
DOMESTIC WATER
ARTICLE II - Permits and Procedures
Amend Sec . 23 -2 -440 . Applicability .
A . — No change .
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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
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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
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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
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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 to be used during construction, identifying roads and
bridges involved and the weight of the loads
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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 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 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
7 Identify geologic hazard and/or floodplain locations
8 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
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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 on - location
FLOWLINES and oil and gas lines , and water pipelines integral to production , and connecting
to the OIL AND GAS FACILITY .
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Remainder of Section — No change .
Add Division 11 - Location Assessment for PIPELINE — NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS ( LAP ) .
Amend 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 . 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 .
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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 construction .
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 -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 . at the time an aoplicant 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 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 .
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 .
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 :
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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 . 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 . 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 . 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. 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 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 whether the pipeline will be removed from the ground .
h . A description of any haul routes during construction , identifying the roads and bridges
involved and the weight of the loads .
i . 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 .
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3 . Existing land USE of the properties where the PIPELINE — NATURAL GAS or PIPELINE
— PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will be located .
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 ZONING DISTRICTS , which include floodplains , if
appropriate .
6 . Signature of the applicant .
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 . 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 .
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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 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 of record 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 .
D . If required , an access permit issued by the COUNTY' s Department of Public Works .
E . 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 .
F . 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 .
G . 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 .
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 .
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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 . The draft map shall be in electronic form .
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 . 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 ten -foot contour intervals .
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 .
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 .
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F . Legend , title , scale and north arrow .
FG . Notes provided by the Department of Planning Services in the Administrative Approval or the
Resolution from the Board of County Commissioners .
GH . 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 .
H . 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 ) .
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 . 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 .
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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 Ie-smore 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 .
PAGE 16
2018 - 3226
ORD2018 - 05
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 . 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 .
S ection 23 -2 - 1160 . Compliance with LAP standards .
An applicant for a LAP and /or operator of the PIPELINE - NATURAL GAS or PIPELINE —
P ETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall demonstrate conformance with ,
and shall continue to meet , the LAP standards approved and adopted by the COUNTY .
N oncompliance with the approved LAP standards may be reason for rescission of the LAP by the
Board of County Commissioners .
PAGE 17
2018 - 3226
ORD2018 -05
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 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
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
PAGE 18
2018-3226
ORD2018-05
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
LL SMALL SCALE SOLAR FACILITY
MM MEDIUM SCALE SOLAR FACILITY
Delete NN and OO
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
PAGE 19
2018-3226
ORD2018-05
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
PAGE 20
2018-3226
ORD2018-05
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 12 and 13
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
PAGE 21
2018-3226
ORD2018-05
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
PAGE 22
2018-3226
ORD2018-05
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 subsequent items
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
PAGE 23
2018-3226
ORD2018-05
Remainder of Section — No change
Amend Sec 23-3-330 1-3 (Industrial) Zone District
A thru C — No change
I
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
PAGE 24
2018-3226
ORD2018-05
Delete N and O
CHAPTER 26
RURAL URBANIZATION AREAS ("RUAs")
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
PAGE 25
2018-3226
ORD2018-05 _
The above and foregoing Ordinance Number 2018-05 was, on motion duly made and
seconded, adopted by the following vote on the 8th day of October, A D , 2018
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Steve Moreno, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY
Deputy Clerk to the Board
Sean P Conway
APPROVED AS TO FORM
Julie A Cozad
County Attorney
Date of signature
Publication June 27, 2018
First Reading
Publication
Mike Freeman
August 6, 2018
August 15, 2018, in the Greeley Tribune
Second Reading August 29, 2018
con't to September 24, 2018
Publication September 26, 2018, in the Greeley Tribune
Final Reading
Publication
Effective
October 8, 2018
October 17, 2018, in the Greeley Tribune
February 1, 2019
PAGE 26
2018-3226
ORD2018-05
EXHIBIT
A�
a
B
aft. . ; : '
r. a r
sed
ibte.1/4 MEMORANDUM
ts j = c% )
r TO : BOARD OF COUNTY COMMISSIONERS
O U N
FROM : TOM PARKO , JR . , DIRECTOR OF PLANNING
DATE : OCTOBER 8 . 2018
RE ORDINANCE 2018 -05 ( PIPELINES ) . 3RD
READING
Staff proposes the following changes to the ordinance for third reading :
1 . The title of Division 6 needs to be revised to remove " PIPELINE - NATURAL GAS and
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS . "
2 . Colorado Oil and Gas Association ( COGA ) asked that 23- 2 - 1020 . H be revised to insert
" on - location " before the word " FLOWLINES " just to clarify that this section is referring to
on- site flowlines . The Colorado Oil and Gas Conservation Commission ( COGCC )
regulates off- site flowlines .
3 . The BOCC agreed on second reading to revise Section 23- 2- 1110 . G to add " 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
4 The BOCC also agreed on second reading to revise Section 23- 2- 1110 . K to allow
pipelines in the existing or future right-of-way ( ROW) only if the pipeline company has
obtained an easement for the pipeline prior to October 1 , 2018 . as suggested by Kim
Cooke .
5 . Staff proposes a minor change to Sec 23- 2- 1130 . A . 2 . g to make the language clearer .
6 . COGA requested " of record " be inserted after " irrigation ditch easement owners " in Sec .
23- 2- 1130 . B and 23- 2 - 1130 . C . 10 .
7 The BOCC agreed on second reading to revise Section 23- 2 - 1140 to insert a requirement
( new subsection E ) for "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 . "
8 . Staff proposes a change to 23 - 2 - 1150 . B to require the notice to landowners within 150
feet be mailed no " more" than 10 days from the date of the complete application rather
than no " less " than 10 days , which was likely the original intent .
9 . The BOCC agreed on second reading to revise Section 23- 2 - 1150 . G to insert " easement
agreements , memoranda of easements , or options for easements " after the word
" easements" as suggested by Patrick Groom .
Application Differences between LAP and USR for Pipelines
USR
LAP
Any person wanting to apply for a Use by Special Review shall arrange for a
preapplication conference with the Department of Planning Services
A LAP applicant may arrange for a preapplication conference with the Department of
Planning Services
Planning Commission recommendation and BOCC approval
Application requirements
Administrative approval
Application requirements
Summary statement of the project, to include when applicable Source,
capacity, size, destination and type of facilities, support STRUCTURES, lines,
etc , involved
A description of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER
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
A description of the preferred route or site and reasons for its selection
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
Procedures to be employed in mitigating any adverse impacts of the proposed
routes or sites
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
An outline of the planned construction, including startup and commissioning
schedule, to include the number of stages and timing of each
Information of any public meeting conducted, to include the location, date,
time, attendance and method of advertising
A description of the hazards, if any, of fire, explosion and other dangers to the
health, safety and welfare of employees and the general PUBLIC
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
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
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
A Decommissioning Plan
A description of any haul routes during construction, identifying the roads and
bridges involved and the weight of the loads
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 description of any haul routes during construction, identifying the roads and
bridges involved and the weight of the loads
Page 1
A description of emergency procedures to be followed in case of a reported
failure or accident involving the proposed PIPELINE - NATURAL GAS and
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and 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
The applicant shall consult with the Weld County Office of Emergency Management
to put together an Emergency Action Plan
A description of the method or procedures to be employed to avoid or
minimize the impacts on irrigated agricultural land
A discussion of how the proposal conforms with the guidelines of Chapter 22
of this Code and any other applicable code provision or ordinance in effect
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
Existing land USE of the parcel under consideration
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
Existing land USE of the properties where the PIPELINE — NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will be located
Where an authorized legal agent signs the application for the fee owners, a
letter granting power of attorney to the agent from the owners must be
provided
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
A noise report, unless waived by the Department of Planning Services,
documenting the methods to be utilized to meet the applicable noise
standard
A soil report of the site prepared by the Natural Resource Conservation Service
or by a soils engineer or scientist In those instances when the soil report
indicates the existence of moderate or severe soil limitations for the USES
proposed, the applicant shall detail the methods to be employed to mitigate
the limitations
Soils reports required for pipeline crossings or any pipeline encroaching in public
right-of-way, if required by the Department of Public Works
Present zone and overlay zones, if appropriate
Present zone and OVERLAY ZONING DISTRICTS, which include floodplains, if
appropriate
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
Page 2
A certified list of the names, addresses and the corresponding Parcel
Identification Numbers assigned by the County Assessor of the owners of
property (the surface estate) within five hundred (500) feet of the property
subject to the application
Duties of Board of County Commissioners The Board of County
Commissioners may approve an application for construction or expansion of a
PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS and 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 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
A statement which provides evidence of compliance with the following standards
All reasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural USES and lands
The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS and 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
All reasonable efforts have been made to avoid irrigated cropland or to minimize the
negative impacts on agricultural USES and lands
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
The design of the proposed PIPELINE - NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC
WATER mitigates negative impacts on the surrounding area to the greatest
extent feasible
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
The site shall be maintained in such a manner so as to control soil erosion, dust
and the growth of NOXIOUS WEEDS
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
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 - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS and PIPELINE - DOMESTIC WATER
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
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
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
The nature and location or expansion of the PIPELINE - NATURAL GAS and
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and 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
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
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No adverse impact, from stormwater runoff, to the public rights -of -way and/or
surrounding properties as a result of the PIPELINE - NATURAL GAS and
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE -
DOMESTIC WATER
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
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
A statement how the applicant will mitigate any conflicts with irrigation ditch
companies and/or affected irrigation ditch easement owners of record 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
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
One (1) original Access Permit Application Form, if required Clearly indicate all
existing and proposed accesses (residential, agricultural, oil and gas, ditch,
etc )
If required, an access permit issued by the COUNTY's Department of Public Works
If applicable, an Improvements Agreement executed by the applicant This
agreement shall be in accordance with the County policy and documents for
collateral for improvements, as well as in conformance with Section 12-5-10 et
seq , and the Engineering and Construction Standards in Appendix 12-A
Map requirements
Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in
size
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
Map requirements
The draft map shall be in electronic form
Be drafted in black drawing ink on Mylar or other drafting media approved by
the Director of Planning Services
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
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
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
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Include a detailed route map showing the approved route through the County
The approved route shall be displayed on a 1 24,000 scale USGS topographic
quadrangle, or other approved topographic study that may be more accurate
The map shall display the centerline of the approved route and all of the
features depicted on the U S G S topographic quadrangle within one (1) mile
on each side of the approved route The base map shall be updated to include
any significant man-made features within one-half (0 5) mile on each side of
the approved route
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
Legend Title, scale and north arrow
Legend, title, scale and north arrow
Development standards
The Use by Special Review Permit Plan Map shall include certificates for the
PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS and 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
Notes provided by the Department of Planning Services in the Administrative
Approval or the Resolution from the Board of County Commissioners
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
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
The physical location of any roads within the PIPELINE easement
Any significant man-made features within one-half (0 5) mile on each side of the
approved route
All existing and future public rights -of -way within the PIPELINE easement
All existing utility easements of public record within the PIPELINE easement
Irrigation ditches within the PIPELINE easement
Adjacent property lines and the names of record of the surface property owners
Topography at a minimum of ten -foot contour intervals
Any known geologic hazard and/or floodplain locations of record within the PIPELINE
easement
For each parcel that the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and 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
For each parcel the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS crosses shall include
Property owner name,
Parcel Number,
Quarter Section and Section, Township and Range,
Reception Number for the Easement/Rights-of-Way, and
Reception Number of Property Deed(s)
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