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Home My WebLink About20182510.tiffWELD COUNTY CODE ORDINANCE 2018-05 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS (PIPELINES), OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING Amend Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: FLOWLINES: means a segment of pipe transferring oil, gas, or condensate between a wellhead and processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flowline does not include a gathering line. The different types of flowlines are: Wellhead Line: means a FLOWLINE that transfers well production fluids from an oil or gas well to process equipment (e.g., separator, production separator, tank, heater treater), not PAGE 1 2018-2510 ORD2018-05 I 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 stressand is designed to operate at a hoop minimum yield strength or diagrams. ARTICLE II — Permits and Procedures Amend Sec. 23-2-440. Applicability. A. — No change. �uction plans B. The Board of County Commissioners may approve the establishment of a Use by Special Review for PIP-ELINE NATURAL-GAS and PIPELINE - PETROLEUM THAN NATURAL GAS -and PIPELINE - DOMESTIC WATER by granting a Use by Special PAGE 2 2018-2510 ORD2018-05 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 - NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and 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 PW-ETL4N-E - NATURAL GAS and PIPELINE m-TROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER in the County without first obtaining a Use by Special Review Permit pursuant to these regulations_ and no Building Permit -for a PIPELINE - NATO �L G Sand PIP LI L PETROLEUM PRODUCTS OTHER T obtaining approval of a Use by -Special Review Permit pursuant to these regulation& 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 -- NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and 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. PAGE 3 2018-2510 ORD2018-05 a. thru f. — No change. g. Any irrigation ditch company with facilities within the Right -of -Way or crossed by the PWELINE NA —URA. GAS anc a a=_ \E —PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER under consideration. h. thru k. — No change. I. History Colorado. m. Colorado Parks and Wildlife. In. 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 - NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS anc 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. PAGE 4 2018-2510 O R D2018-05 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. The design of the proposed PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS- OTHER THAN NATUR-AL GAS and PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible. 4. — No change. 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. 6. — No change. 7 The nature and location or expansion of the PIPELINE - DOMESTIC WATERNATURAL GAS and 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. 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 anc 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 NATURAL-GAS aid --PIPELINE TROLEUM PRODUCTS OTHER I-HAN--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. — No change. B. 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. PAGE 5 2018-2510 ORD2018-05 C. The design of the proposed PIPELINE NATURAL GAS and PIPELINE - PETROL€ -U -M PRODUCTS OTHE 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 - NATURAL GAS and PIPELINE PETR-OLEUM PRODUCTS OTHER -THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. F. — No change. G. 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. H. 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. Amend Sec. 23-2-500. Application for use by special review permit. Any person seeking to locate and construct a qIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTH-ER THAN -NATURAL GAS and 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: PAGE 6 2018-2510 ORD2018-05 a. A description of the PIPELINE - NATURAL -GAS and -PIPELINE -PET--O-LEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. b. A description of the preferred route or sttelocation 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 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. h. thru j. — No change. k. A traffic narrative describing construction traffic and permanent or temporary access points. I A description of any haul routes during construction, identifying the roads and bridges involved and the weight of the loads. m. Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. Amend Sec. 23-2-520. DrawingMapping requirements for PIPELINE - NATURAL GAS and PIPELINE a PETROLEUM PRODUCTS OTHER _ THAN NATURAL GAS -and PIPELINE - DOMESTIC WATER maps. 1A.Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size. 2B. Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services. 3C.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 route map showing the approved route through the County. The approved route shall be displayed on a 1:24,000 scale map. U.S.G.S. topographic quadrang e, --or other appr t 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. topograp iic quadrangle vein one (1) -mile on each --side of the approved route. The base map shall be updated to include an -y significant man-made features ! ! each side of the PAGE 7 2018-2510 ORD2018-05 approved route. The map shall show the recorded easements for the PIPELINE — DOMESTIC WATER. The map shall also include the location of the existing and future right-of-way above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and permanent access points. The map shall include the location of the following items which exist within the easement boundaries: 1. The physical location of the road. 2. All existing and future public rights -of -way. 3. All existing utility easements of record. 4. Irrigation ditches. 5. Adjacent property lines and respective owners' names of record. 6. Topography at a minimum of two -foot contour intervals. 7. Soils reports required for pipeline crossings or any pipeline encroaching in public right-of- way. 8. Identify geologic hazard and/or floodplain locations. 9. The map shall include any significant man-made features within one-half (0.5) mile on each side of the route. E. Include detailed drawing of pipeline at intersection of any county road, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. PIPELINE — DOMESTIC WATER must meet the minimum requirements for cover, as determined by the Department of Public Works. 5F. Legend. 6G. Development standards. 7H. The Use by Special Review Permit Plan Map shall include certificates for the P4PELIN tE - NATURAL GAS and PIPED -N4 T"ROLEUM 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. . Title, scale and north arrow. 9J. For each parcel that the P-aP€LINE - NATURAL GAS aad PIPELINE - PET-RE3L€I-J-AA PRODUCTS OTH€R- ant, 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. PAGE 8 2018-2510 ORD2018-05 Amend Sec. 23-2-540. Changes to use by special review permit. Any approved Use by Special Review Permit for a PIPELINE —NATURAL GAS and PIPELINE -- PETROLEUM PRODUCTS --OTHER THAN NATURAL GAS and 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 - = =T RO � i_ M a ROD ��-c O HER THAN NATURAL GAS and 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. It- applicable, aA statement and drawing describing the size and approximate location of all FLOWLINES and oil and gas lines, and/or water pipelines integral to production, connecting to the OIL AND GAS FACILITY. Remainder of Section — No change. Add Division 11 - Location Assessment for PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS (LAP). Sec. 23-2-1110. Intent and applicability. A. A Location Assessment for PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS (LAP) requires additional consideration to ensure the pipeline is developed in a manner that complies with various standards set forth in Division 11 of this Chapter. The LAP is designed to protect and promote the health, safety, and welfare of the present and future residents of the COUNTY. PAGE 9 2018-2510 ORD2018-05 B. A LAP is required for the location or construction of a PIPELINE — NATURAL GAS or P IPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in all zone districts. Any expansion, relocation or enlargement of a PIPELINE — NATURAL GAS or PIPELINE — P ETROLEUM 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 — P ETROLEUM PRODUCTS OTHER THAN NATURAL GAS. Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a LAP so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. F Any person filing an application for a LAP shall comply with the procedures and regulations as set forth in this Division. G. Nothing in this Division shall be construed as exempting an applicant from a County Right -of -Way Use Permit, County Grading Permit, County MS4 Permit or any state or federal laws or regulations. H. Applications for a LAP shall be completed as set forth in Section 23-2-1130, below. The completed application and application fees shall be submitted to the Department of Planning Services. I. The County may require an applicant to submit an Improvements Agreement for Road Maintenance during the construction of required improvements to mitigate impacts caused by any PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The Improvements Agreement shall conform with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to operation. 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. PAGE 10 2018-2510 ORD2018-05 K. The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be located outside the existing and future road right-of-way as depicted on the Weld County Functional Classification Map, at the time an applicant submits a LAP application, except at approved right-of-way crossings. A PIPELINE - NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted after the effective date of this Division 11, which is erroneously located within an existing and/or future right-of-way, shall be moved at the expense of the operator and/or permittee upon receipt of notice by Weld County of its intent to improve or construct a roadway within the right-of-way. S ec. 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 - P ETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be approved without the applicant first obtaining approval of a LAP Permit pursuant to these regulations. Sec. 23-2-1130. Application requirements for a LAP. A LAP applicant may arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. Any changes to the application may require a new LAP as identified in Section 23-2-1110 of this chapter. The following supporting documents shall be submitted as a part of a LAP application: A. An application for a LAP on a form supplied by the Department of Planning Services. The application shall include the following: 1. The name, address, email and telephone number of the applicant. 2. A summary statement of the project, to include, when applicable: a. A description of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM P RODUCTS OTHER THAN NATURAL GAS, including the product(s) or substance(s) being transported and its/their source,_ and the capacity, size, destination and type of P IPELINE - 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. Procedures to be employed in mitigating any adverse impacts of the proposed routes PAGE 11 2018-2510 ORD2018-05 or sites of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. d. An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each. e. Information of any public meeting conducted, to include the location, date, time, attendance and method of advertising. f. A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of the applicant's or the operator's employees and the PUBLIC. q. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including hazmat response and environmental remediation. Such outline shall include actions, if any, required of PUBLIC officials, including emergency manager, fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. A decommissioning plan. The decommissioning plan shall address how the pipeline will be properly cleaned, capped and maintained or if the pipeline will be abandoned in place or the pipeline will be removed from the ground. i. A description of any haul routes during construction, identifying the roads and bridges 1. involved and the weight of the loads. Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. 3. Existing land USE of the properties where the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will be located. 4. Present zone and OVERLAY ZONING DISTRICTS, if appropriate. 5. Signature of the applicant. B. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. C. Evidence in the application that the applicant has either obtained the easements or rights -of -way for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, or a statement that the applicant is currently in good faith negotiations with the owners of surface properties crossed by the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. PAGE 12 2018-2510 OR D2018-05 D. A statement which explains that the application complies with Article V and Article XI of this Chapter, if the proposal is located within any OVERLAY ZONING DISTRICTS or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. E. A statement which provides evidence of compliance with the following standards: 1. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands. 2. The PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will not have an undue adverse effect on existing and future DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS. 3. The design of the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM P RODUCTS 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 - P ETROLEUM PRODUCTS OTHER THAN NATURAL GAS will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. 8. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding properties will result because of the PIPELINE - NATURAL GAS or PIPELINE — P ETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 9. A statement which provides evidence of compliance with obtaining a stormwater construction permit from CDPHE for disturbing more than one acre of land and complies with Article IX and Article XII of Chapter 8. 10. A statement how the applicant will mitigate any conflicts with irrigation ditch companies with facilities within the easement or right-of-way of the PIPELINE - NATURAL GAS or PAGE 13 2018-2510 ORD2018-05 PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, or crossed by the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under consideration. 11. A statement how the applicant will mitigate conflicts with utility companies which might be affected by the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. F. If required, an access permit issued by the COUNTY's Department of Public Works. G. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of owners of surface properties located within 150 feet of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. H. Where an authorized legal agent signs the application for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS on behalf of the applicant, evidence of a power of attorney or other authorization for the signature of the legal agent must be provided. I. If applicable, an Improvements and Road Maintenance Agreement executed by the applicant. This Improvements and Road Maintenance Agreement shall be in accordance with the COUNTY policy and documents for collateral for improvements. If applicable, triggers for construction of future pipeline with the easement. J. The applicant shall consult with the Weld County Office of Emergency Management to put together an Emergency Action Plan, if needed. K. Such additional information as may be required by the County. Section 23-2-1140. Mapping requirements for PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The applicant shall provide a LAP map to include: A. The draft map shall be in electronic form. B. The final map shall be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services measuring twenty-four (24) inches by thirty-six (36) inches in size. C. A vicinity map at a suitable scale (1" = 2,000' minimum or as approved by the Department of Planning Services) which displays the location of the route within the County and its PAGE 14 2018-2510 ORD2018-05 relationship to towns, major water features, irrigation ditches and major transportation features. D. A detailed map showing the approved route through the County. The approved route shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The map shall also include the location of the existing and future right-of- way above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and permanent access points. The map shall include the location of the following items which exist within the easement boundaries: 1. The physical location of any roads within the PIPELINE easement. 2. All existing and future public rights -of -way within the PIPELINE easement. 3. All existing utility easements of public record within the PIPELINE easement. 4. Irrigation ditches within the PIPELINE easement. 5. Adjacent property lines and the names of record of the surface property owners. 6. Topography at a minimum of two -foot contour intervals. 7. Soils reports required for pipeline crossings or any pipeline encroaching in public right-of-way. 8. Any known geologic hazard and/or floodplain locations of record within the PIPELINE easement. 9. The map shall include any significant man-made features within one-half (0.5) mile on each side of the approved route. E A detailed drawing of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS at intersections of any county road, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Planning Services. Any pipeline crossing an arterial road shall be bored with a minimum of twenty (20) feet below arterial roads, fifteen (15) feet below collector roads, and fifteen (15) feet below paved local roads, and ten (10) feet below gravel local roads, for the full width of the future right-of-way. This depth shall be measured below the lowest roadside ditch flowline elevation. F. Legend, title, scale and north arrow. G. Notes provided by the Department of Planning Services in the Administrative Approval or the Resolution from the Board of County Commissioners. PAGE 15 2018-2510 ORD2018-05 H. The LAP Map shall include certificates for the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS owner's signature and the Department of Planning Services Administrative Approval. The required content of the certificates is available from the Department of Planning Services. I. For each parcel the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS crosses shall include: 1. Property owner name; 2. Parcel Number; 3 Quarter Section and Section, Township and Range; 4. Reception Number for the Easement/Rights-of-Way; and 5. Reception Number of Property Deed(s). Section 23-2-1150. Review of Application and Issuance of LAP. A LAP applicant may arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the unincorporated area of the County. The Department of Planning Services will review the LAP application to determine if it is complete, which shall occur within seven (7) business days of the filing of the application. The Department of Planning Services shall then be responsible for the following: A. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty-eight (28) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28) days shall be deemed to be a favorable response to the Planning Department. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed LAP. The reviews and comments submitted by a referral agency are recommendations to the Department of Planning Services and, as applicable, the Board of County Commissioners: 1. The governing body of any town and county whose boundaries are within three (3) miles of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 2. The Weld County Department of Public Health and Environment. 3. The Weld County Department of Public Works. 4. The Weld County Office of Emergency Management. 5. Colorado Parks and Wildlife. PAGE 16 2018-2510 ORD2018-05 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 sub;ect of the application. Such notification shall be mailed, first- class, no less than ten (10) days after receiving a complete application. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the review/hearing process even if such error results in the failure of a surrounding property owner to receive such notification. C Prepare staff comments addressing all aspects of the application, its conformance with the Weld County Code in effect at the time of filing of the application, comments received from agencies to which the proposal was referred, and standards contained in Article II, Division 11, above. D. The Planning Director shall make a determination of the application within 60 days of a complete application and may approve the LAP, if he or she determines that the application provides sufficient evidence showing that the standards set forth in this Division will be met. If the Planning Director determines that the application does not provide sufficient evidence showing that such standards set forth in this Division, will be met, he or she will provide the applicant written notice identifying which standard(s) lack sufficient evidence in the application. If the applicant fails to remedy each identified deficiency within fourteen (14) days of receipt of such written notice by supplementing the Application with additional evidence that is sufficient, in combination with the evidence previously submitted, to meet such standard(s), as determined by the Planning Director, the Planning Director shall forward the application to the Board of County Commissioners for its review and consideration in a formal hearing before the Board. PAGE 17 2018-2510 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. All easements for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS must be in place prior to issuance of the LAP. H. The applicant shall submit one (1) electronic copy of the map for preliminary approval to the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-1140 of this Article. Upon approval of the electronic copy, the applicant shall submit a Mylar map drafted black ink and measuring twenty-four (24) inches by thirty-six (36) inches in size, along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The Mylar map shall be recorded and any additional requirements met within one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution. If the LAP map has not been recorded within one hundred twenty (120) days from the date of the Administrative Approval or the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner/applicant to appear before them and present evidence substantiating that the LAP has not been abandoned and that the applicant possesses the willingness and ability to record the LAP map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the LAP map cannot be met, the Board may, after a public hearing, revoke the LAP. Section 23-2-1160. Compliance with LAP standards. An applicant for a LAP and/or operator of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall demonstrate conformance with, and shall continue to meet, the LAP standards approved and adopted by the COUNTY. Noncompliance with the approved LAP standards may be reason for rescission of the LAP by the Board of County Commissioners. Section 23-2-1170. Changes and termination of USE. A. Substantial changes from the approved LAP shall require the approval of an amended LAP by the Weld County Planning Director. The Department of Planning Services is responsible PAGE 18 2018-2510 ORD2018-05 for determining whether a substantial change exists, in which case a new LAP application and processing may be required. Any other changes shall be filed in the Department of Planning Services in the approved LAP file. B. Construction pursuant to approval of a LAP shall be commenced, and continual progress made within three (3) years from the date of approval, or the approval shall terminate. The Planning Director may grant an extension of time, for good cause shown, upon a written request. C. Upon termination of the USE allowed pursuant to the LAP, the applicant and/or operator of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall follow and comply with the requirements of the decommissioning plan submitted with the application as required above. Section 23-2-1180. Rescission procedures. A. If at any time following the approval of a LAP the Department of Planning Services determines that one(1) or more of the LAP standards set forth in Article II, Division 11, above, has not been met, the Planning Director shall notify the applicant and/or operator of the PIPELINE — NATURAL GAS orPIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS of the failure to meet the standard(s). The applicant and/or operator will be given thirty (30) days in which to cure the failure to comply with the standard(s). If at the end of the thirty (30) days the failure to comply with the standards has not been cured or remedied, a hearing shall be scheduled before the Board of County Commissioners. B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or more of the LAP standards set forth in Sections 23-2-1110 and 23-2-1120, above, has not been met. Upon such a finding, the Board may rescind the LAP and seek any appropriate legal remedies to cease the USE of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. Amend Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. thru BB. — No change. CC PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 1. LAP Required. No PIPELINE - NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the A (Agricultural) PAGE 19 2018-2510 ORD2018-05 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. PIPELINE NATURAL GAS. MM. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. W -PILL. SMALL SCALE SOLAR FACILITY. OOMM. MEDIUM SCALE SOLAR FACILITY. Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. thru B.9.a. — No change. 10. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-1 (Low Density Residential) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. — No change. D. Uses by Special Review. The following BUILDINGS. STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II. Division 4 of this Chapter. 1. thru 11. — No change. 12. -P-4-P-E-LINE - NATURAL GAS. 13. PIPELINERETR-OL EU M--P-WO DU CTS OTHER THAN -NA -RJR -AL GAS. PAGE 20 2018-2510 ORD2018-05 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 P RODUCTS 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 P lanning 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 P RODUCTS 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 P RODUCTS 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 P lanning 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 21 2018-2510 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. 13. PIPELINE - NATURAL GAS. 1-4. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 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. PAGE 22 2018-2510 ORD2018-05 1 thru 10 — No change. 11. PIPELINE - NATURAL GAS. 12. �'-�PEL4NE-PETROLEUM-PRODUCTS OTHER THAN NATURAL GAS: 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. 12. --PIPELINE - NATURAL GAS.- 1-3. PIPELINE - PETROLEU ----T ----HER---THAN NATURAL GAS. 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. PAGE 23 2018-2510 ORD2018-05 C. — No change. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed. occupied. operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter: 1. thru 6 — No change. 7. PIPELINE NATURAL GAS. R PIPELINE -PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 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. 4? P E LINE NATURAL GAS. 13. PIPELINE —PETROLEUM -PRODUCTS- OTHER THAN NATURAL GAS. 142. MEDIUM SCALE SOLAR FACILITY. Remainder of Section — No change. PAGE 24 2018-2510 ORD2018-05 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. 21. PIPELINE - NATURAL GAS. 22. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 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. 23. PIPELINE - NATURAL GAS. 24. PI-PELI-PEE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 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. PAGE 25 2018-2510 ORD2018-05 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. 4-- PIPELINE NATURAL GAS. Q PJPELINE - PETROLEUM PRO Amend Sec. 26-1-50. PUD Districts in RUAs. A. thru B.2. n. — No change. WOG LA p. LAP NATURAL GAS 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 26 2018-2510 ORD2018-05 The above and foregoing Ordinance Number 2018-05 was, on motion duly made and seconded, adopted by the following vote on the 17th day of September, 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 Publication September 5, 2018, in the Greeley Tribune Final Reading Publication September 17, 2018 September 26, 2018, in the Greeley Tribune Effective October 1, 2018 PAGE 27 2018-2510 ORD2018-05 Hello