HomeMy WebLinkAbout20182512.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER
PRESENTED BY
REQUEST
ORDINANCE 2018-05
MICHELLE MARTIN
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 recommended favorably to the Board of County Commissioners
Motion seconded by Lonnie Ford
VOTE
For Passage
Bruce Johnson
Michael Wailes
Terry Cross
Lonnie Ford
Richard Beck
Against Passage Absent
Bruce Sparrow
Jordan Jemiola
Tom Cope
Gene Stifle
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on July 17, 2018
Dated the 17th day of July, 2018
Kristine Ranslem
Secretary
2018-2512
Yellow
Additions to Current Code
Strikeout - Repeal from Current Code
ARTICLE I
Sec. 23-1-90. - Definitions.
For the purposes of this Chapter. certain terms or words used herein shall be interpreted as defined
in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase
letters, shall have the meanings stated in this Section:
FLOWLINES: means a segment of pipe transferring oil.. gas, or condensate between a wellhead and
processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline
and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering
line or a segment of pipe transferring produced water between a wellhead and the point of disposal,
discharge. or loading. This definition of flowline does not include a gathering line. The different types of
flowlines are:
Wellhead Line: means a flowline that transfers well production fluids from an oil or gas well to
process equipment (e.g., separator, production separator. tank. heater treater), not including pre-
conditioning 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. , and is designed to operate at a hoop stress of -twenty percent {20%) more at their
on construction -plans or diagrams.
ARTICLE II — Permits and Procedures
Sec. 23-2-440. - Applicability.
A. Uses by Special Review are USES which have been determined to be more intense or to have a
potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore. Uses
by Special Review require additional consideration to ensure that they are established and operated
in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD The
additional consideration or regulation of Uses by Special Review. and the application to a Use by
Special Review of Performance, Design and Operations Standards listed both herein and for
applicable USES from any zone district, are designed to protect and promote the health, safety.
convenience and general welfare of the present and future residents of the COUNTY.
B. The Board of County Commissioners may approve the establishment of a Use by Special Review for
PIPELINE NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS and 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.
Any person filing an application for a Use by Special Review Permit shall comply with the COUNTY
procedures and regulations as set forth herein. Any expansion or enlargement of a Use by Special
Review shall be treated as a new USE and shall require a new application under the provisions of this
Division.
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
Applications for Use by Special Review Permits shall be completed as set forth in Section 23-2-500.
The complete application and application fees shall be submitted to the Department of Planning
Services.
The applicant shall submit one (1) paper or electronic copy of the map for preliminary approval to the
Department of Planning Services. Upon approval of the paper copy, the applicant shall submit a Mylar
map, 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
map shall be prepared in accordance with the requirements of Subsection 23-2-520 of this Article. The
Mylar map and additional requirements shall be recorded within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one
hundred twenty (120) days from the date of 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 it and present evidence substantiating that the Use by Special
Review (USR) has not been abandoned and that the applicant possesses the willingness and ability
to record the Use by Special Review (USR) 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 Use by Special Review (USR) map cannot be met, the Board may, after a public hearing. revoke
the Use by Special Review (USR).
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.
Sec. 23-2-450. - Relationship of regulations to other requirements.
N othing in this Division shall be construed as exempting an applicant from any state or federal laws or
regulations.
Sec. 23-2-460. - Prohibition of construction without permit.
N o person may locate or construct a PIPELINE NATURAL GAS and PIPELINE PETROLEUM
PRODUCTS OTHER THAN NA-TURAL 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 - NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
shall first obtaining approval of a Use lay- Special Rev4ew- Permit pursuant
to these regulations.
Sec. 23-2-470. - Duties of department of planning services.
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
P RODUCTS 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.
Upon determination that a submitted application is complete, the staff of the Department of Planning
Services shall:
1. 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 may be
deemed to be a favorable response to the Planning Commission. The reviews and comments
solicited by the COUNTY are intended to provide the COUNTY with information about the
proposed Use by Special Review. The Planning Commission and Board of County
Commissioners may consider all such reviews and comments and may solicit additional
information if such information is deemed necessary. The reviews and comments submitted by a
referral agency are recommendations to the COUNTY. The authority for making the decision to
approve or deny the request for a Use by Special Review Permit rests with the Board of County
Commissioners.
a. The planning commission of any town or county whose boundaries are within three (3) miles
of the proposed site or if the proposed site is located within any town's comprehensive
planning area.
Department of Public Health and Environment.
c. Department of Public Works.
d. Colorado Geological Survey.
e. Colorado Department of Transportation.
f. U.S Forest Service.
g. Any irrigation ditch company with facilities within the Right -of -Way or crossed by the
PIPELINE -- NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS and PIPELINE - DOMESTIC WATER under consideration.
h. Utility companies with underground lines which might be affected by the DEVELOPMENT.
i. Special service districts which may provide service to the DEVELOPMENT
j. State Engineer. Division of Water Resources.
k. Natural Resource Conservation Service
I. History Colorado
m. Colorado Park and Wildlife
Any other agencies or individuals whose review the Department of Planning Services deems
necessary.
2 Prepare staff comments for use by the Planning Commission addressing all aspects of the
application, its conformance with Chapter 22 of this Code and any other applicable code provision
or ordinance in effect, adopted master plans of affected municipalities. sound land use planning
practices, comments received from agencies to which the proposal was referred and standards
contained in this Chapter.
3 Set a Planning Commission hearing date. The Board of County Commissioners public hearing
may also be set and be given legal notice and posting. concurrent with setting of the Planning
Commission hearing date and in accordance with Section 23-2-470. B. 5 or Section 23-2-470. B 6.
4 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.
5. Notice of application for a PIPELINE NATURAL GAS and- PIPELINE PETROLEUM
PRODUCTS OTHER THAN NATURAL GASand 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.
6 Prepare staff comments and recommendations for presentation at the Board of County
Commissioners hearing, addressing all aspects of the application. its conformance with this
Chapter and Chapter 22 of this Code and comments received from referral agencies.
Sec. 23-2-480. - Duties of planning commission.
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 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
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 site shall be maintained in such a manner so as 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.
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 and PIPELINE
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS 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 NATURAL GAS and PIPELINE PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER.
The Secretary of the Planning Commission shall forward the official recommendation of the Planning
Commission and the information contained in the official record, which includes the Department of
Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation
has been made.
If the Planning Commission recommendation is conditional upon the applicant completing certain
specified items prior to the publication of the notice for the hearing by the Board of County
Commissioners.. the ten-day period shall commence upon submission of the items by the applicant to
the Department of Planning Services.
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 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. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative
impacts on agricultural USES and lands.
B. The PIPELINE--NA-TURAL 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
C. 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.
D The site shall be maintained in such a manner so as 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.
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.
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
PRODU-G-T-S-O-THER-THAN-NATLIRAL-QAS-aP -Rd PIPELINE - DOMESTIC WATER.
Sec. 23-2-500. - Application for use by special review permit.
Any person seeking to locate and construct a PIPELINE NATURAL GAS and PIPELINE
PETROLEUM PRODUCTS OTHER 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.
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. The applicant's name and telephone number.
B Address of the applicant and general OFFICE.
C Summary statement of the project. to include when applicable:
1. Source. capacity, size, destination and type of facilities. support STRUCTURES. lines, etc..,
involved.
A detailed report shall be submitted which includes information on the following items:
a. A description of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER.
b. A description of the preferred route or site location of the PIPELINE — DOMESTIC
WATER and reasons for its selection.
c. Procedures to be employed in mitigating any adverse impacts of the proposed routes or
sites.
f.
g.
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.
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.
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.
A Decommissioning Plan.
k. A traffic narrative describing construction traffic and permanent or temporary access
'm
points.
A description of any haul routes during construction. identifying the roads and bridges
involved and the weight of the loads.
Any other information determined to be necessary by the Department of Planning
Services or its authorized representative to ensure the protection of the health, safety
and welfare of the inhabitants of the COUNTY
Sec. 23-2-520. - Drawing Mapping requirements for PIPELINE - NATURAL GAS and PIPELINE
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER maps.
1. Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size.
2. Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning
Services.
3. 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.
4 Include a detailed route map showing the approved route through the County The approved route
shall be displayed on a 1:24,000 1:200 scale map. U.S.G.S. topographic quadrangle, or other
shall
approved route .S.G.S. topographic quadrangle within one (1)
mile on each side of the -approved route. The base map shall be updated to 4n
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-waybove 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:
a. The physical location of the road
b. All existing and future public rights -of -way.
c. All existing utility easements of record.
d. Irrigation ditches.
Adjacent property lines and respective owners' names of record
f. Topography at a minimum of two -foot contour intervals.
g. Soils reports required for pipeline crossings or any pipeline encroaching in public right-of-way.
h. Identify geologic hazard and/or floodplain locations
i. The map shall include any significant man-made features within one-half 90.5) mile on each side
of the route.
5. A detailed drawing of the PIPELINE — DOMESTIC WATER 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.
66. Legend.
67. Development standards.
78. 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
89. Title, scale and north arrow.
910. 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
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 -
P-TROLEUM 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 - NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER 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.
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:
H. if applicable. a statement and drawing describing the size and approximate location of all
FLOWLINES and oil and gas lines. ands water pipelines integral to productionconnecting to
the OIL AND GAS FACILITY
Division 11 - Location Assessment for PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS (LAP).
Sec. 23-2-1110. - Intent and applicability.
A. A Location Assessment for PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS (LAP) requires additional consideration to ensure the pipeline is
developed in a manner that complies with various standards set forth in Division 11 of this Chapter.
The LAP is designed to protect and promote the health, safety. and welfare of the present and future
residents of the COUNTY.
B. A LAP is required for the location or construction of a PIPELINE — NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in all zone districts. Any expansion,
relocation or enlargement of a PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS shall be treated as a new USE and shall require a new application
under the provisions of this Division.
C. No PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS shall be constructed in any zone district until a LAP has been granted by the Department of
Planning Services or the Board of County Commissioners.
D. The Department of Planning Services shall not issue a building permit for any PIPELINE — NATURAL
GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in any zone district
until a LAP has been issued by the Department of Planning Services or the Board of County
Commissioners.
E No LAP shall be required for ordinary repairs and maintenance of a PIPELINE — NATURAL GAS or
PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS approved pursuant to these
regulations. approved pursuant to an approved Use by Special Review, or located and constructed
previously as a Use by Right. if performed within easements or rights -of -way associated with the
PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS. Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a
LAP so long as such repairs and maintenance do not have the effect of expanding or enlarging the
USE
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.
The County may require an Applicant to submit an Improvements Agreement for Road Maintenance
during the construction of required improvements to mitigate impacts caused by any PIPELINE -
NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The
Improvements Agreement shall conform with the County policy for improvements and agreements and
must be approved by the Board of County Commissioners prior to operation.
J. The review, consideration and issuance of a LAP is an administrative process and is exempt from the
definition of DEVELOPMENT set forth in the agreements contained in Chapter 19 of the Weld County
Code.
K. The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS shall be located outside the existing and future road right-of-way as depicted on the
Weld County Functional Classification Map, at the time Applicant submits a LAP application except at
approved right-of-way crossings. A PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS permitted after the effective date of this Division 11 which
is erroneously located within an existing and/or future right-of-way shall be moved at the expense of
the operator and/or permittee upon receipt of notice by Weld County of its intent to improve or construct
a roadway within the right-of-way.
Sec. 23-2-1120. - Prohibition of construction without permit.
After the effective date of Division 11. no person may locate or construct a PIPELINE - NATURAL GAS
and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the County without first
obtaining a LAP Permit pursuant to these regulations and no Building Permit or Right of Way Use permit
for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS shall be approved without the applicant first obtaining approval of a LAP Permit pursuant to these
regulations.
Sec. 23-2-1130. - Application requirements for a LAP.
A LAP applicant may arrange for a preapplication conference with the Department of Planning Services.
The Department of Planning Services shall be responsible for processing all applications for a PIPELINE -
NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the
unincorporated area of the County. The Department shall also have the responsibility of ensuring that all
application submittal requirements are met prior to initiating any official action as listed below. Any changes
to the application may require a new LAP as identified in Section 23-2-1110 of this chapter. The following
supporting documents shall be submitted as a part of a LAP application:
A. An application for a LAP on a form supplied by the Department of Planning Services. The application
shall include the following:
1
The name. address, email and telephone number of the Applicant.
2
. A summary statement of the project. to include, when applicable:
a. A description of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS, including the product(s) or substance(s) being transported and
b
is/their source. and the capacity. size. destination and type of PIPELINE - NATURAL GAS or
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. including any support
STRUCTURES involved.
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
of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
d. An outline of the planned construction, including startup and commissioning schedule, to
include the number of stages and timing of each.
e. Information of any public meeting conducted. to include the location, date. time. attendance
and method of advertising.
f. A description of the hazards. if any. of fire. explosion and other dangers to the health, safety
and welfare of the Applicant's or the operator's employees and the PUBLIC.
g. A description of emergency procedures to be followed in case of a reported failure or accident
involving the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS. including hazmat response and environmental remediation.
Such outline shall include actions, if any, required of PUBLIC officials. including emergency
manager, fire and police officials. and the names and telephone numbers of appropriate
company officials to notify if an accident or failure should occur.
A decommissioning plan. The decommission 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.
A description of any haul routes during construction. identifying the roads and bridges involved
and the weight of the loads.
Any other information determined to be necessary by the Department of Planning Services or
its authorized representative to ensure the protection of the health, safety and welfare of the
inhabitants of the COUNTY.
Existing land USE of the properties where the PIPELINE — NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will be located.
4. Present zone and OVERLAY ZONING DISTRICTS. if appropriate.
5. Signature of the Applicant
B. An Applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not
required. but may be suggested by the Planning Services staff to encourage communication between
a land use Applicant and the neighbors.
C. Evidence in the application that the Applicant has either obtained the easements or rights -of -way for
the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS. or a statement that the Applicant is currently in good faith negotiations with the owners of surface
properties crossed by the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS.
D. A statement which explains that the application complies with Article V and Article XI of this Chapter. if
the proposal is located within any OVERLAY ZONING DISTRICTS or a SPECIAL FLOOD HAZARD
AREA identified by maps officially adopted by the COUNTY.
E. A statement which provides evidence of compliance with the following standards:
1. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative
impacts on agricultural USES and lands.
2. The PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS will not have an undue adverse effect on existing and future DEVELOPMENT of
the surrounding area as set forth in applicable MASTER PLANS.
3. The design of the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS mitigates negative impacts on the surrounding area to the greatest
extent feasible.
4. The disturbed area shall be maintained during construction by the applicant or property owner in
such a manner to control soil erosion. dust and the growth of NOXIOUS WEEDS.
5. The Applicant has agreed to implement any reasonable measures deemed necessary by the
COUNTY to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be
protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE
- NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
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 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.
No adverse impact, from storm water 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 which provides evidence of compliance with obtaining a stormwater construction
permit from CDPHE for disturbing more than one acre of land and complies with Article IX and
Article XII of Chapter 8.
10. A statement how the Applicant will mitigate any conflicts with irrigation ditch companies with
facilities within the easement or right-of-way of the PIPELINE - NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. or crossed by the PIPELINE -
NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under
consideration.
11. A statement how the Applicant will mitigate conflicts with utility companies which might be affected
by the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
F. If required, an access permit issued by the COUNTY's Department of Public Works.
G. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned
by the County Assessor of owners of surface properties located within 150 feet of the PIPELINE —
NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The
source of such list shall be the records of the County Assessor, or an ownership update from a title,
abstract company, or attorney derived from such records, or from the records of the County Clerk and
Recorder. If the list was assembled from the records of the County Assessor. the Applicant shall certify
that such list was assembled within thirty (30) days of the application submission date.
H. Where an authorized legal agent signs the application for the PIPELINE — NATURAL GAS or PIPELINE
- PETROLEUM PRODUCTS OTHER THAN NATURAL GAS on behalf of the Applicant. evidence of a
power of attorney or other authorization for the signature of the legal agent must be provided.
If applicable. an Improvements and Road Maintenance agreement executed by the Applicant. This
Improvements and Road Maintenance Agreement shall be in accordance with the COUNTY policy and
documents for collateral for improvements. If applicable triggers for construction of future pipeline with
the easement.
J. The Applicant shall consult with the Weld County Office of Emergency Management to put together an
emergency action plan, if needed.
K. Such additional information as may be required by the County.
Section 23-2-1140- Mapping requirements for PIPELINE - NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
The Applicant shall provide a LAP map to include.
A. The draft map shall be in electronic form.
B. The final map shall be drafted in black drawing ink on Mylar or other drafting media approved by the
Director of Planning Services measuring twenty-four (24) inches by thirty-six (36) inches in size.
C. A vicinity map at a suitable scale (1" = 2.000' minimum or as approved by the Department of Planning
Services) which displays the location of the route within the County and its relationship to towns, major
water features, irrigation ditches and major transportation features.
D. A detailed map showing the approved route through the County. The approved route shall be displayed
on a 1:200 scale map. The map shall show the recorded easements for the PIPELINE - NATURAL
GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The map shall also
include the location of the existing and future right-of-way,gbove 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 know 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.
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.
_ . 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; and
4. Reception Number for the Easement/Rights-of-Way.
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.
The Weld County Department of Emergency Management.
5. Colorado Parks and Wildlife.
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. Colorado Park and Wildlife
12. Any other agencies or individuals to whom the Department of Planning Services deems a referral
necessary.
B Notice of application for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS shall be given by the Department of Planning Services to surface
property owners within one hundred fifty (150) feet on each side of the centerline of the proposed
preferred alignment, and to fee interest holders in any real property (excluding mineral interests)
proposed to be physically disturbed or crossed by the activity or development which is the subject of
the application. Such notification shall be mailed, first-class. no less than ten (10) days after receiving
a complete application. Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate). Inadvertent errors by the Applicant in supplying
such list, or the Department of Planning Services in sending such notice, shall not create a
jurisdictional defect in the review/hearing process even if such error results in the failure of a
surrounding property owner to receive such notification.
C. Prepare staff comments addressing all aspects of the application, its conformance with the Weld County
Code in effect at the time of filing of the application, comments received from agencies to which the
proposal was referred. and standards contained in Article II. Division 11. above.
D. The Planning Director shall make a determination of the application within 60 days of a complete
application and may approve the LAP, if he or she determines that the application provides sufficient
evidence showing that the standards set forth in this Division will be met. If the Planning Director
determines that the application does not provide sufficient evidence showing that such standards set
forth in this Division, will be met. he or she will provide the Applicant written notice identifying which
standard(s) lack sufficient evidence in the application. If applicant fails to remedy each identified
deficiency within fourteen (14) days of receipt of such written notice by supplementing the Application
with additional evidence that is sufficient, in combination with the evidence previously submitted. to
meet such standard(s), as determined by the Planning Director. the Planning Director shall forward the
application to the Board of County Commissioners for its review and consideration in a formal hearing
before the Board.
E If there is a hearing before the Board of County Commissioners the Department of Planning Services
shall give notice of the hearing to those persons listed in the application as owners of surface properties
located within 150 feet of the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS. Such notification shall be delivered via first-class U.S. Mail by the
Department of Planning Services.
F. If there is a hearing before the Board of County Commissioners the Department of Planning Services
shall prepare legal notice for the Board of County Commissioners' hearing to be published in the
newspaper designated by the Board of County Commissioners for publication of notices. The date of
publication shall be at least ten (10) days prior to the hearing.
G. All easements for the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS must be in place prior to issuance of the LAP.
H. The Applicant shall submit one (1) electronic copy of the map for preliminary approval to the Department
of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-
2-1140 of this Article. Upon approval of the electronic copy. the Applicant shall submit a Mylar map
drafted black ink and measuring twenty-four (24) inches by thirty-six (36) inches in size. along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be
responsible for paying the recording fee. The Mylar map shall be recorded and any additional
requirements met within one hundred twenty (120) days from the date of the Administrative Approval
or the Board of County Commissioners Resolution. If the LAP map has not been recorded within one
hundred twenty (120) days from the date of the Administrative Approval or the Board of County
Commissioners Resolution. or within a date specified by the Board of County Commissioners, the
Board may require the Landowner/Applicant to appear before them and present evidence
substantiating that the LAP has not been abandoned and that the Applicant possesses the willingness
and ability to record the LAP map. The Board of County Commissioners may extend the date for
recording the map. If the Board determines that conditions supporting the original approval of the LAP
map cannot be met. the Board may, after a public hearing, revoke the LAP.
Section 23-2-1160. - Compliance with LAP standards.
An Applicant for a LAP and/or operator of the PIPELINE — NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall demonstrate conformance with, and shall
continue to meet. the LAP standards approved and adopted by the County. Noncompliance with the
approved LAP standards may be reason for rescission of the LAP by the Board of County Commissioners.
Section 23-2-1170. - Changes and termination of USE.
A. Substantial changes from the approved LAP shall require the approval of an amended LAP by the Weld
County Planning Director. The Department of Planning Services is responsible for determining whether
a substantial change exists, in which case a new LAP application and processing may be required.
Any other changes shall be filed in the Department of Planning Services in the approved LAP file.
B. Construction pursuant to approval of a LAP shall be commenced. and continual progress made within
three (3) years from the date of approval, or the approval shall terminate. The Planning Director may
grant an extension of time, for good cause shown. upon a written request.
C. Upon termination of the USE allowed pursuant to the LAP. the Applicant and/or operator of the
PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS shall follow and comply with the requirements of the decommissioning plan submitted with the
application as required above.
Section 23-2-1180. - Rescission procedures.
A. If at any time following the approval of a LAP the Department of Planning Services determines that one
(1) or more of the LAP standards set forth in Article II. Division 11. above, has not been met, the
Planning Director shall notify the Applicant and/or operator of the PIPELINE — NATURAL GAS or
PIPELINE — 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.
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.
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.
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.
LL: PIPELINE - NATURAL GAS.
PWELIN€ PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
(Renumber accordingly)
Sec. 23-3-110. - R-1 (Low -Density Residential) Zone District.
B. 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 R-1 Zone
District except for one (1) or more of the following USES. Land in the R-1 Zone District must be USED
in compliance with the bulk requirements contained in Section 23-3-160, below. USES within the R-1
Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter.
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.
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.
12. PIPELINE - NATURAL GAS.
13. PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 23-3-130. - R-3 (Medium -Density Residential) Zone District.
B. 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 R-3 Zone
District except for one (1) or more of the following USES Land in the R-3 Zone District must be USED
in compliance with the bulk requirements contained in Section 23-3-160 of this Article. USES within
the R-3 Zone District are also subject to the additional requirements contained in Articles IV and V of
this Chapter.
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.
Sec. 23-3-140. - R-4 (High -Density Residential) Zone District.
B. 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 R-4 Zone
District except for one (1) or more of the following USES. Land in the R-4 Zone District must be used
in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-4
Zone District are also subject to the additional requirements contained in Articles IV and V of this
Chapter.
8. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
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.
Sec. 23-3-150. - R-5 (Mobile Home Residential) Zone District.
B Uses Allowed by Right. No BUILDING. STRUCTURE or land shall be USED, and no BUILDING or
STRUCTURE shall be hereafter erected, structurally altered.. enlarged or maintained in the R-5 Zone
District, except for one (1) or more of the following USES. Land in the R-5 Zone District must be USED
in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-5
Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter.
8. PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
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.
Sec. 23-3-210. - C-1 (Neighborhood Commercial) Zone District.
B. 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 C-1 Zone
District except for one (1) or more of the following USES. which must be conducted in ENCLOSED
BUILDINGS and in compliance with the performance standards contained in Section 23-3-250, below.
No outside storage will be allowed in the C-1 Zone District. USES within the C-1 Zone District shall
also be subject to additional requirements contained in Articles IV and V of this Chapter.
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.
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 . -PIPELINE NATURAL GAS.
14. PIPELINE - PETROLEUM PRO-D-UCTSOTHER THAN NATURAL GAS.
Sec. 23-3-220. - C-2 (General Commercial) Zone District.
B. 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 C-2 Zone
District except for one (1) or more of the following USES. which must be ENCLOSED and conducted
in compliance with the performance standards contained in Section 23-3-250, below. No outside
storage will be allowed in the C-2 Zone District. USES within the C-2 Zone District shall also be subject
to additional requirements contained in Articles IV and V of this Chapter
19. PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
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.
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
11. PIP€LAN-E- - NATURAL GAS.
12 PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 23-3-230. - C-3 (Business Commercial) Zone District.
B Uses Allowed by Right. No BUILDINGS. STRUCTURES or land shall be USED and no BUILDING or
STRUCTURE shall hereafter be erected, structurally altered. enlarged or maintained in the C-3 Zone
District except for one (1) or more of the following USES which must be conducted in compliance with
performance standards contained in Section 23-3-250. below. USES within the C-3 Zone District shall
also be subject to additional requirements contained in Articles IV and V of this Chapter.
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.
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.
4-2-. PIPELINE NATURAL GAS.
13 PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 23-3-240. - C-4 (Highway Commercial) Zone District.
B. Uses Allowed by Right. No BUILDINGS. STRUCTURES or land shall be USED and no BUILDING or
STRUCTURE shall hereafter be erected. structurally altered. enlarged or maintained in the C 4 Zone
District except for one (1) or more of the following USES which must be conducted in conformance
with performance standards contained in Subsection F . below USES within the C-4 Zone District
shall also be subject to additional requirements contained n Articles IV and V of this Chapter
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.
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:
7. PIPELINE - NATURAL GAS.
8 PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 23-3-310. -1-1 (Industrial) Zone District.
B Uses Allowed by Right. No BUILDING. STRUCTURE or land shall be used in the I-1 Zone District,
and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained, except for one (1) or more of the following USES. The USES must be conducted in
compliance with the performance standards contained in Sections 23-3-340 23-3-350 and 23-3-360
of this Division.
16. PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
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.
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.
12. PIPELINE -NATURAL GAS.
1-3.- PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 23-3-320. - 1-2 (Industrial) Zone District.
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.
24. PIPELINE NATURAL GAS.
22. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 23-3-330. - 1-3 (Industrial) Zone District.
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.
23. PIPELINE - NATURAL GAS.
24 PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
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.
K. PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS.
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.
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.
N. PIPELINE NATURAL GAS.
0 PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 26-1-50. - PUD Districts in RUAs.
B. Exemptions from the PUD District Provisions.
2. The following land use applications are exempt from utilizing the PUD process in the A
(Agricultural) Zone District within the RUAs
o. WOG LA
p. LAP
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 17, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair,
Terry Cross, at 12 30 pm
Roll Call
Present Michael Wailes, Bruce Sparrow, Terry Cross, Bruce Johnson, Tom Cope, Lonnie Ford, Richard
Beck
Absent Jordan Jemiola, Gene Stifle
Also Present Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Michelle Martin, and
Tom Parko, Department of Planning Services, Lauren Light and Ben Fussell, Department of Health, Evan
Pinkham, Public Works, Frank Haug, County Attorney, and Kris Ranslem, Secretary
CASE NUMBER
PRESENTED BY
REQUEST
ORDINANCE 2018-05
MICHELLE MARTIN
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS
(PIPELINES), OF THE WELD COUNTY CODE
Tom Parko, Planning Services, provided a background on how these proposed code changes were created
He said that pipelines have been in the County Code, however, after the Firestone tragedy the County
Commissioners asked them to review the pipeline regulations again He added that several meetings have
been held with the oil and gas industry and multiple surface owners He said that the focus of these code
changes is for pipelines dealing with natural gas and petroleum of a certain size Anything under 12 inches
for natural gas and 13 inches for petroleum are still considered a Use by Right Anything at or above those
sizes would go through the new process Location Assessment for Pipelines (LAP) and is an administrative
process Mr Parko stated that they wanted to give the surrounding property owners more notice and to
provide a beefed-up map of where the alignment is going
Tom Cope left the hearing at 4 06 pm
Michelle Martin, Planning Services, presented Ordinance 2018-05 Ms Martin provided a brief description
of the LAP process and the removal of pipelines for natural gas and petroleum products in the USR section
Commissioner Johnson stated that he is concerned with properties and the multiple companies wanting to
do pipelines in different locations He said that we need to deal with planning so that this could be put in
some corridor so minimal properties are impacted
Mr Johnson asked why the water is being controlled differently than the natural gas Mr Parko said that
they were dealing with municipalities acquiring water in Weld County and taking that out of the County The
County Commissioners requested some regulations dealing with domestic water and that remains a Use
by Special Review Permit With regard to pipelines and corridors, Mr Parko said it is easier to do that in
an isolated area where the oil and gas activity is in one section However, oil and gas is scattered
throughout the entire County and pipelines are being used to take trucks off the road He added that it
would be ideal to have a corridor, but it is hard to pinpoint an exact corridor He further added that there
are provisions in these changes that the company needs to tell them why this is the best location for this
pipeline
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Motion Forward Ordinance 2018-05 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Lonnie Ford
Motion carried unanimously
1
Meeting adjourned at 4 32 pm
Respectfully submitted,
lbbn'x
Kristine Ranslem
Secretary
2
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
r
-/ -/g
.12,az>i C5Alasae,4.2
Jim Flesher
Monday, October 01, 2018 12:57 PM
Cheryl Hoffman
Jason Maxey; Frank Haug; Tom Parko Jr.; Bruce Barker; Esther Gesick
RE: LAP Code Change
Memo Ord 2018-05 3rd Reading.pdf
Cheryl, I'm glad you checked:
#6:
g A decommissioning plan The decommissioning plan shall address how the pipeline
will be property cleaned, capped and maintained o" it the pipeline will be abandoned
in place or .v.vhetre' the pipeline will be removed from the ground.
U
Jim Fesher
This paragraph,Jrdn t make sense it still lsit"t peat. but 1
dunk the paint cs clearer
Bruce Satter
Changes in OK
Revised memo attached for #9 & #10, now #8 & #9 because the spaces and capitalization didn't get
corrected. Too minor to worry about now. If you do a search for "-P" without the space, two instances
come up.
Thanks!
Jim
From: Cheryl Hoffman
Sent: Monday, October 01, 2018 12:19 PM
To: Jim Flesher <:jflesher@weldgov.com>
Cc: Jason Maxey <jmaxey@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>;
Bruce Barker <bharker@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: RE: LAP Code Change
I think I found a few items on she memo that may need to be changed:
Memo #6 — I don't have a charge to this language. Could you send me something if I'm missing it? Thanks.
Memo #9 — I think the section is 23-2-1150.E instead of 23-2-1140.B.
Memo #10 — I think the section is 23-2-1150.E instead of 23-2-1140.G.
Just let me know. Thanks!
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
1
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jim Flesher
Sent: Monday, October 01, 2018 11:39 AM
To: Cheryl Hoffman <choffman@weldgov.com>
Cc: Jason Maxey <jmaxey@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>;
Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: RE: LAP Code Change
Cheryl, could you please attach the attached to the LAP ord item in Tyler?
Thanks,
Jim
From: Cheryl Hoffman
Sent: Monday, October 01, 2018 9:50 AM
To: Jim Flesher <iflesher@weldgov.com>
Cc: Jason Maxey <jmaxey@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>;
Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: RE: LAP Code Change
Here it is with Jim's change.
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jim Flesher
Sent: Monday, October 01, 2018 9:46 AM
To: Cheryl Hoffman <choffman@weldgov.com>
Cc: Jason Maxey <jmaxey@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>;
Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: RE: LAP Code Change
2
Cheryl, that's one of them. Here is the other. Sorry I didn't include this in my previous email. We're
almost done with this one!
Jim
H A statement and drawing describing the size and approximate location of all on- location
FLOWLINES and oit and gas Hiret and water pipelines integral to production. and connecting
to the OIL AND GAS FAC1LiTY
2018-0
0RD2018-05
From: Cheryl Hoffman
Sent: Monday, October 01, 2018 9:42 AM
To: Jim Flesher <jflesher@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Bruce Barker
<bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Cc: Jason Maxey <jmaxeygweldgov.com>; Frank Haug <fhaug@weldgov.com>
Subject: RE: LAP Code Change
Okay, got it. Pdf with change.
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jim Flesher
Sent: Monday, October 01, 2018 9:34 AM
To: Tom Parko Jr. <tparko@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Cheryl Hoffman
<choffrnan@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Cc: Jason Maxey <jmaxey@weldgov.com>; Frank Haug <fhaug@weldgov.com>
Subject: RE: LAP Code Change
3
8 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 1.O be physically disturbed or crossed by the activity or
development which is the subject of Me application. Such notification shall be mailed, first-
class, no less 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 We
Department of Planning Services in sending such notice, shall not create a jurisdictional defect
in the review/heen.ng process even if such error results in the failure of a surrounding property
owner to receive such notifcation
C Prepare staff comments addressing all aspects of the applicaban 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 Arnie II Division
11 above
D The Planning Director shall maKO a. otsctlnaboo 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 n this Otv1sion Ve111 be met If
the Planning Director determines that the application does not provide sufficient evidence
showing that such standards set forth in this Orv+sion. w H be met. he or she will provide the
applicant written notice identifying which standard(s) sack 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 corrination with the evidence previously submitted. to meet such standard(s)
as determined by the Planning Director, the Planning Director snail forward the application to
PAGE 16
2018-'
DRD20 18-05
From: Tom Parko Jr.
Sent: Monday, October 01, 2018 8:55 AM
To: Bruce Barker <bbarker@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick
<egesick@weldgov.com>
Cc: Jim Flesher <jflesher@weldgov.com>; Jason Maxey <jmaxey@weldgov.com>; Frank Haug <fhaug@weldgov.com>
Subject: RE: LAP Code Change
Thanks Bruce. i also want to make sure that we get the two changes that Jason caught last week. The first deals with
FLOWLINES. We need to make certain that the only FLOWLINES we are capturing through the WOGLA process are on -
location FLOWLINES. We are not touching off -location flowlines because the COGCC asks for the those. The other
change deals with some semantics with notice. I think the old verbiage has "no less than 10 days" and it should read "at
least 10 days prior" or something to that effect.
From: Bruce Barker
Sent: Monday, October 1, 2018 8:24 AM
To: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Cc: Tom Parko Jr. <tparko@weldgov.com>; Jim Flesher <'flesher@weldgov.com>; Jason Maxey
<jmaxey@weldgov.com>; Frank Haug <fhaug@weldgov.com>
Subject: RE: LAP Code Change
Thanks. Made one change that is shown in yellow highlight and strikeout.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "0" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
4
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Cheryl Hoffman
Sent: Friday, September 28, 2018 12:40 PM
To: Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Cc: Tom Parko Jr. <tparko@weldgov.com>; Jim Flesher <jflesher@weldgov.com>; Cheryl Hoffman
<choffman@weldgov.com>; Jason Maxey <jmaxey@weldgov.com>; Frank Haug <fhaug@weldgov.com>
Subject: RE: LAP Code Change
Bruce,
I just finished incorporating all changes for 3rd reading. Could you go over the changes and make sure I have
everything? Thanks.
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.460.42 27
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Bruce Barker
Sent: Thursday, September 27, 2018 2:14 PM
To: Commissioners <COMMISSIONERS@co.weld.co.us>; CTB <CTB@co.weld.co.us>
Cc: Tom Parko Jr. <tparko@weldgov.com>; Jim Flesher <jflesher@weldgov.com>; Frank Haug <fhaug@weldgov.com>;
Jason Maxey <jmaxey@weldgov.com>
Subject: LAP Code Change
5
See the attached. Changes the BOCC made on Monday at 2r,d reading are included. There are a few minor corrections
we included to clean up some mistakes from my original draft. Thanks to Jim and Jason for their assistance. Ready now
for 3' reading.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
6
•
WELD COUNTY
CODE ORDINANCE 2018-05
•
Ateetetoctoe-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:
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-*
ORD2018-05
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.
Division 6 - Use by Special Review Permits for
WATER
ARTICLE II - Permits and Procedures
Amend Sec. 23-2-440. Applicability.
A. — No change.
PAGE 2
PE_
NE - NATURAL GAS and
D
E
a
E -
PIPELINE - DOMESTIC
2018-*
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
U SE. 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 WA lER. 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, pPipelines 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.
N o 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
sna;! 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 sutmittal requi ements are met prior to initiat,ng any official action
as listed below.
B. Upon determination that a submitted application is complete, the staff of the Department of
P lanning Services shall:
1. — No change.
a. thru f. — No change.
PAGE 3
2018-*
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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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 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).
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
E. Any person filing an application for a LAP shall comply with the procedures and regulations
as set forth in tnis 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.
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, AP 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.
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 tra:ts, and the timing of tnird 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 decomrniss oning 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
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species, unique natural resource, known historic landmark or archaeological site within
the affected area.
8. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding
properties will result because of the PIPELINE - NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
9. A statement 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 \Afrocks.
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 ;1st 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
PIFELINE — 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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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 !ovation 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.
?. 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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EF. 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).
Sect on 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 cf the filing of the app,;caY;on. The
Department of Planning Services shall then be responsible for the following:
A. Refer the application to the following agencies, when applicable, for revi w and oomment.
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 subrnitted 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.
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4. The Weld County Office of Emergency Management.
5. Colorado Parks and Wildlife.
6. The Colorado Oil and Gas Conservation Commission.
7. The appropriate fire district.
8. The Colorado Department of Transportation.
9. Any irrigation ditch company with facilities on, or adjacent to, the PIPELINE — NATURAL
GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
10. History Colorado.
11. Any other agencies or individuals to whom the Department of Planning Services deems a
referral necessary.
B. Notice of application for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be given by the Department of Planning
Services to surface property owners within one hundred fifty (150) feet on each side of the
centerline of the proposed preferred alignment, and to fee interest holders in any real property
(excluding mineral interests) proposed to be physically disturbed or crossed by the activity or
development which is the subject of the application. Such notification shall be mailed, first-
class, no less than ten (10) days after receiving a complete application. Such notice is not
required by state statute and is provided as a courtesy to surrounding property owners (the
surface estate). Inadvertent errors by the applicant in supplying such list, or the Department
of Planning Services in sending such notice, shall not create a jurisdictional defect in the
review/hearing process even if such error results in the failure of a surrounding property owner
to receive such notification.
C. Prepare staff comments addressing all aspects of the application, its conformance with the
Weld County Code in effect at the time of filing of the application, comments received from
agencies to which the proposal was referred, and standards contained in Article II, Division
11, above.
D. The Planning Director shall make a determination of the application within 60 days of a
complete application and may approve the LAP, if he or she determines that the application
provides sufficient evidence showing that the standards set forth in this Division will be met. If
the Planning Director determines that the application does not provide sufficient evidence
showing that such standards set forth in this Division, will be met, he or she will provide the
applicant written notice identifying which standard(s) lack sufficient evidence in the
application. If the applicant fails to remedy each identified deficiency within fourteen (14) days
of receipt of such written notice by supplementing the Application with additional evidence that
is sufficient, in combination with the evidence previously submitted, to meet such standard(s),
as determined by the Planning Director, the Planning Director shall forward the application to
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the Board of County Commissioners for its review and consideration in a formal hearing before
the Board.
E. If there is a hearing before the Board of County Commissioners the Department of Planning
Services shall give notice of the hearing to those persons listed in the application as owners
of surface properties located within 150 feet of the PIPELINE — NATURAL GAS or PIPELINE
- PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. Such notification shall be
delivered via first-class U.S. Mail by the Department of Planning Services.
F. If there is a hearing before the Board of County Commissioners the Department of Planning
Services shall prepare legal notice for the Board of County Commissioners' hearing to be
published in the newspaper designated by the Board of County Commissioners for publication
of notices. The date of publication shall be at least ten (10) days prior to the hearing.
G. 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 Condit ins 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 iandowner/applicant to appear before them and present ev;derrce
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.
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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
P lanning 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 —
P ETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Amend Sec. 23-3-20. Uses allowed by right.
N o 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.
PAGE 18
2018-*
ORD2018-05
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
Delete 12 and 13
PAGE 19
2018-*
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
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-3 (Medium
Density Residential) Zone District until a LAP has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Division 11, of this Chapter
Remainder of Section — No change
Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District
A thru B 7 — No change
8 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
a LAP Required No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-4 (High -
Density Residential) Zone District until a LAP has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Division 11, of this Chapter
Remainder of Section — No change
Amend Sec 23-3-150 R-5 (Mobile Home Residential) Zone District.
A thru B 7 — No change
8 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
a LAP Required No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-5 (Mobile
Home Residential) Zone District until a LAP has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Division 11, of this Chapter
Remainder of Section — No change
Amend Sec 23-3-210 C-1 (Neighborhood Commercial) Zone District
PAGE 20
2018*
ORD2018-05
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
Delete 11 and 12
PAGE 21
2018-*
ORD2018-05
Remainder of Section — No change
Amend Sec 23-3-230. C-3 (Business Commercial) Zone District
A thru B 18 — No change
19 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
a LAP Required No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-3 (Business
Commercial) Zone District until a LAP has been issued by the Department of Planning
Services or the Board of County Commissioners in accordance with the application
procedures set forth in Division 11, of this Chapter
C — No change
D Uses by Special Review The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter
1 thru 11 — No change
Delete 12 and 13
Remainder of Section — No change
Amend Sec 23-3-240. C-4 (Highway Commercial) Zone District
A thru B 11 — No change
12 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
a LAP Required No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-4 (Highway
Commercial) Zone District until a LAP has been issued by the Department of Planning
Services or the Board of County Commissioners in accordance with the application
procedures set forth in Division 11, of this Chapter
C — No change
D Uses by Special Review The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter
PAGE 22
2018-*
ORD2018-05
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
Remainder of Section — No change
Amend Sec. 23-3-330 1-3 (Industrial) Zone District.
PAGE 23
2018-*
ORD2018-05
A thru C — No change
D Uses by Special Review The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied or maintained in the 1-3 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter
1 thru 22 — No change
Delete 23 and 24
Remainder of Section — No change
Amend Sec. 23-3-410. Uses allowed by right
No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall
hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for
one (1) or more of the following USES Land in the E Zone District must be USED in compliance
with the bulk requirements contained in Section 23-3-440, below Uses within the E Zone District
are subject to the additional requirements contained in Articles IV and V of this Chapter
A thru J — No change
K PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
1 LAP Required No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the E (Estate) Zone
District until a LAP has been issued by the Department of Planning Services or the Board
of County Commissioners in accordance with the application procedures set forth in
Division 11, of this Chapter
Remainder of Section — No change
Amend Sec. 23-3-430. Uses by special review
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained in the E Zone District upon approval of a permit in accordance with the
requirements and procedures set forth in Article II, Division 4 of this Chapter
A thru M — No change
Delete N and O
CHAPTER 26
RURAL URBANIZATION AREAS ("RUAs")
PAGE 24
2018-*
ORD2018-05
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-*
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-*
ORD2018-05
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Jim Flesher
Thursday, September 20, 2018 4:18 PM
Cheryl Hoffman; Tom Parko Jr.; Esther Gesick
Bruce Barker
RE: Ord2018-05 for 2nd reading
Ord18-05_09.20.18 Changes_LAP.docx
I talked to Tom. I think this is what we're looking for:
Section 23-2-1180. Rescission procedures.
-01.11 56e(
�ielb1? TO O
6e2DW V
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 standards) or submit a compliance
plan to the Department of Planninq Services for approval that outlines how the
applicant andlor 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 standards}. The applicant and/or operator wick ue given thirty (30) days in
which to cue 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.
From: Cheryl Hoffman
Sent: Thursday, September 20, 2018 3:58 PM
To: Jim Flesher <jflesher@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick
<egesick@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>
Subject: RE: Ord2018-05 for 2nd reading
I will be leaving at 4:00 today, but will work on this first thing tomorrow morning, Jim. Thanks.
Also, Tom said to leave the 30 days in on the bottom of page 18.
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
1
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jim Flesher
Sent: Thursday, September 20, 2018 3:51 PM
To: Cheryl Hoffman <choffman@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick
<egesick@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>
Subject: RE: Ord2018-05 for 2nd reading
Importance: High
Cheryl, there were a few things missed and a question for you, Tom:
Number 8, page 5, delete both commas.
ifLetter H, same page, delete both commas.
e I'm sorry I didn't catch this before, but in number 5 on page 12, the word "ZONING" should not
be deleted because the defined term is "OVERLAY ZONING DISTRICT." Also, the first comma
(in red and underlined) should be deleted.
4. In letter D, page 14, there needs to be a comma between "right-of-way" and "above." This
comma doesn't seem to want to be inserted, but please insert it.
5. Letter H, page 15, please insert a blank line between 1 and 2.
6. Letter A, bottom of page 18, isn't quite right. Here's what Tom sent:
If at any time following the approval of a LAP the Department of Planning Services determines
hat 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). The applicant and/or operator shall 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).
Tom, did you want the 30 days deleted? Below is the last sentence of the paragraph. Did you
want to delete it?
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.
Thanks!
Jim
From: Cheryl Hoffman
Sent: Thursday, September 20, 2018 2:54 PM
To: Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jim Flesher
<eflesher@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>
Subject: Ord2018-05 for 2nd reading
Thanks, Tom.
Okay, attached is the copy of the Ord2018-05 incorporating all changes for 2nd reading on Monday. How does it look to
all of you? Please let me know if changes need to be made.
Thanks.
2
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Tom Parko Jr.
Sent: Thursday, September 20, 2018 2:39 PM
To: Esther Gesick <egesick@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>
Subject: RE: Notice NO18-05.2nd to be sent tomorrow, 09/21/18
Yes. Please keep the 30 -day language. Thanks!
From: Esther Gesick
Sent: Thursday, September 20, 2018 2:37 PM
To: Tom Parko Jr. <tparko@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick
<egesick@weldgov.com>
Subject: FW: Notice N018-05.2nd to be sent tomorrow, 09/21/18
Tom,
Per our conversation, please review the text change as interpreted on page 18 and confirm whether or not we need to
keep the 30 -day language that is presently stricken.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758IGreeley, CO 80632
tel: (970) 400-4226
VIES
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
From: Cheryl Hoffman
Sent: Thursday, September 20, 2018 1:07 PM
To: Esther Gesick <egesick@weldgov.com>
Subject: Notice NO18-05.2nd to be sent tomorrow, 09/21/18
Here's a pdf of the proposed Notice to be sent tomorrow. I have also printed off the Notice (Word version) for you to
proof.
Thanks!
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the takirg of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
4
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Cheryl,
Tom Parko Jr.
Thursday, September 20, 2018 11:50 AM
Cheryl Hoffman; Jim Flesher
Esther Gesick
RE: Ord18-05.2nd Reading - 09-24-18
My comments / changes in red below.
Thanks!
Tom
gtaLScis
—020
1,077J \,•rni-f
From: Cheryl Hoffman
Sent: Thursday, September 20, 2018 10:54 AM
To: Tom Parko Jr. <tparko@weldgov.com>; Jim Flesher <jflesher@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>
Subject: Ord18-05.2nd Reading - 09-24-18
Hi Toni and Jim,
Attached please find Ord18-05 for 2"d Reading incorporating PL changes emailed to me yesterday. I ha' -e a few
questions:
1. Page 17 — Section 23-2-1150 G.
If you look at this portion as presented to me, I believe there were a few words missing, so I changed it to:
"Upon obtaining and recording all easements for the PIPELINE — NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, a final electronic copy of the map will
submitted to the Department of Planning Services for review.
Good Catch
2. Page 18 & 19 — Section 23-2-1180 A.
Please review the attached portion. I'm not sure what you're trying to say here?
be
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) or to
submit a compliance plan for the Department of Planning Services' approval that outlines how the
Applicant and/or operator will cure the failure. Any such compliance plan shall provide a date certain by
which to Applicant or operator proposes to cure the failure to comply with 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, or the compliance plan has not been approved, a hearing shall be scheduled before the Board
of County Commissioners.
I think it should read as follows:
t
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 s:andard(s).The
applicant and/or operator shall 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).
Please let me know as soon as possible how you would like to word these sections. Thanks so much!
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
WELD COUNTY
CODE ORDINANCE 2018-05
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS (PIPELINES), OF THE
WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 23
ZONING
Amend Sec. 23-1-90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as
defined in this Section. The following specific words and phrases, when appearing in this Chapter
in uppercase letters, shall have the meanings stated in this Section:
FLOWLINES: means a segment of pipe transferring oil, gas, or condensate between a
wellhead and processing equipment to the load point or point of delivery to a U.S. Department of
Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public
Utilities Commission regulated gathering line or a segment of pipe transferring produced water
between a wellhead and the point of disposal, discharge, or loading. This definition of flowline
does not include a gathering line. The different types of flowlines are:
Wellhead Line: means a FLOWLINE that transfers well production fluids from an oil or gas
well to process equipment (e.g., separator, production separator, tank, heater treater), not
including preconditioning equipment such as sand traps and line heaters, which do not
materially reduce line pressure.
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•
P roduction 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.
P roduced Water Flowline: means a flowline on the oil and gas location used to transfer
produced water for treatment, storage, discharge. injection or reuse for oil and gas operations.
A segment of pipe transferring only freshwater is not a flowline.
PIPELINE- NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting
natural gas which is twelve (12) inches in diameter or larger, as measured from the outside of the
pipeline, regardless of hoop stress.
ARTICLE II — Permits and Procedures
Amend Sec. 23-2-440. Applicability.
A. — No change.
B. The Board of County Commissioners may approve the establishment of a Use by Special
Review for PIPELINE - DOMESTIC WATER by granting a Use by Special Review Permit. All
requests for Use by Special Review Permit shall be reviewed by the Planning Commission.
The Planning Commission's recommendation shall be forwarded to, and considered by, the
Board of County Commissioners.
C. — No change.
D. Ordinary repairs and maintenance located within easements or rights -of -way of PIPELINE -
DOMESTIC WATER approved pursuant to these regulations shall not be treated as a new
U SE. Ordinary repairs and maintenance may be performed upon STRUCTURES associated
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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 through f — No change
g Any irrigation ditch company with facilities within the Right -of -Way or crossed by the
PIPELINE — DOMESTIC WATER under consideration
h through 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 through 4 — No change
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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 juriscictional
defect in the hearing process even if such error results in the failure of a surrounding
property owner to receive such notification.
Remainder of Section — No change.
Amend Sec. 23-2-480. Duties of planning commission.
A. The Planning Commission shall hold a hearing to consider the application for the Use by
Special Review Permit. The Planning Commission shall provide recommendations to the
Board of County Commissioners concerning the disposition of the requested Use by Special
Review Permit. The Planning Commission shall approve the request for the Use by Special
Review Permit only if it finds that the applicant has met the standards or conditions of Section
23-2-480 of this Division and Chapter 22 of the Weld County Code. The applicant has the
burden of proof to show that the standards and conditions of Section 23-2-480 of this Division
and Chapter 22 of the Weld County Code are met. The applicant shall demonstrate:
1. — No change.
2. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing
and future development of the surrounding area. as set forth in applicable MASTER
PLANS.
3. The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts
on the surrounding area to the greatest extent feasible.
4. — No change.
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.
No adverse impact from stormwater runoff to the public rights -of -way and/or surrounding
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properties as a result of the PIPELINE - DOMESTIC WATER.
Remainder of Section — No change.
Amend Sec. 23-2-490. Duties of Board of County Commissioners.
The Board of County Commissioners may approve an application for construction or
expansion of a PIPELINE - DOMESTIC WATER only if all applicable requirements of this Division
are met, and the applicant has shown that the application is consistent with Chapter 22 of the
Weld County Code and the following standards:
A. — No change.
B. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and
future development of the surrounding area as set forth in applicable MASTER PLANS.
C. The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts on
the surrounding area to the greatest extent feasible.
D. — No change.
E. The applicant has agreed to implement any reasonable measures deemed necessary by the
Board of County Commissioners to ensure that the health, safety and welfare of the
inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential
adverse impacts from the proposed PIPELINE - DOMESTIC WATER.
F. — No change.
G. The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species, unique natural resource, known historic landmark or
archaeological site within the affected area.
H. No adverse impact from stormwater runoff to the public rights -of -way and/or surrounding
properties as a result of the PIPELINE - DOMESTIC WATER.
Amend Sec. 23-2-500. Application for use by special review permit.
Any person seeking to locate and construct a PIPELINE - DOMESTIC WATER in the County
shall apply for a Use by Special Review Permit on the forms provided by the Department of
Planning Services. The application forms shall be accompanied by the supporting documents
required by these regulations.
Amend Sec. 23-2-510. Application requirements.
An adequate number of copies of the application for a Use by Special Review Permit shall be
submitted by the applicant to the Department of Planning Services. An application for a Use by
Special Review Permit shall contain the following information in such form as prescribed by the
Department of Planning Services:
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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. through 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 no -My if an
accident or failure should occur.
h. through 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 the roads
and bridges involved and the weight of the loads.
m Soils reports required for pipeline crossings or any pipeline encroaching in public right-
of-way, if required by the Department of Public Works.
n. Any other information determined to be necessary by the Department of Planning
Services or its authorized representative to ensure the protection of the health, safety
and welfare of the inhabitants of the COUNTY.
Amend Sec. 23-2-520. Mapping requirements for PIPELINE - DOMESTIC WATER.
A. 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
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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 hems 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, canals, and laterals.
5. Adjacent property lines and respective owners' names of record.
6. Topography at a minimum of two -foot contour intervals.
7. Soils reports
way.
87. Identify geologic hazard and/or floodp ain locations.
98. The map shall include any significant man-made features within one-half (0.5) mile on
each side of the route.
E. Include detailed drawing of pipeline at intersection of any county road, section line, or bridge.
Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as
determined by the Department of Public Works. PIPELINE — DOMESTIC WATER must meet
the minimum requirements for cover, as determined by the Department of Public Works.
F. Legend.
G. Development standards.
H. The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE -
DOMESTIC WATER owner's signature, Planning Commission, and the Board of County
Commissioners and the Clerk to the Boarc. 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
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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 :hrough
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. through G. — No change.
H. A statement and drawing describing the size and approximate location of all FLOWLINES and
oil and gas lines, and water pipelines integral to production, and connecting to the OIL AND
GAS FACILITY.
Remainder of Section — No change.
Add Division 11 - Location Assessment for PIPELINE — NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS (LAP).
Sec. 23-2-1110. Intent and applicability.
A. A Location Assessment for PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS (LAP) requires additional consideration to
ensure the pipeline is developed in a manner that complies with various standards set forth in
Division 11 of this Chapter. The LAP is designed to protect and promote the health, safety,
and welfare of the present and future residents of the COUNTY.
B. A LAP is required for the location or construction of a PIPELINE — NATURAL GAS or
PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in all zone districts.
Any expansion relocation or enlargement of a PIPELINE — NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be treated as a new USE
and shall require a new application under the provisions of this Division.
C. No PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER. THAN
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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
o r rights -of -way associated with the PIPELINE — NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. Ordinary repairs and
maintenance may be performed upon STRUCTURES associated with a LAP so long as such
repairs and maintenance do not have the effect of expanding or enlarging the USE.
F. Any person filing an application for a LAP shall comply with the procedures and regulations
as set forth in this Division.
G. Nothing in this Division shall be construed as exempting an applicant from a County
Right -of -Way Use Permit, County Grading Permit, County MS4 Permit or any state or federal
laws or regulations.
H. Applications for a LAP shall be completed as set forth in Section 23-2-1130, below. The
completed application and application fees shall be submitted to the Department of Planning
Services.
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 operationconstruction.
The review, consideration and issuance of a LAP is an administrative process and is exempt
from the definition of DEVELOPMENT set forth in the agreements contained in Chapter 19 of
the Weld County Code.
K. The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS shall be located outside the existing and future road right-of-way as depicted
o n 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
n otice 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.
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After the effective date of Division 11, no person may locate or construct a PIPELINE -
NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in
the County without first obtaining a LAP Permit, pursuant to these regulations, and no Building
Permit or Right -of -Way Use permit for a PIPELINE - NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be approved without the
applicant first obtaining approval of a LAP Permit pursuant to these regulations.
Sec. 23-2-1130. Application requirements for a LAP.
A LAP applicant may arrange for a preapplication conference with the Department of Planning
Services. The Department of Planning Services shall be responsible for processing all
applications for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS in the unincorporated area of the County. The Department shall
also have the responsibility of ensuring that all application submittal requirements are met prior
to initiating any official action as listed below. Any changes to the application may require a new
LAP as identified in Section 23-2-1110 of this chapter. The following supporting documents shall
be submitted as a part of a LAP application:
A. An application for a LAP on a form supplied by the Department of Planning Services. The
application shall include the following:
1. The name, address, email and telephone number of the applicant.
2. A summary statement of the project, to include, when applicable:
a. A description of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS, including the product(s) or substance(s)
being transported and its/their source, and the capacity. size, terminus or end of
route, destination and type of PIPELINE - NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including any support
STRUCTURES involved.
b. A description of the route or location of the PIPELINE - NATURAL GAS or PIPELINE
- PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and reasons for its
selection.
c. Procedures to be employed in mitigating any adverse impacts of the proposed routes
or sites of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS.
d. An outline of the planned construction, including startup and commissioning schedule,
to include the number of stages and timing of each. 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 public meeting conducted, to include the
location, date, time, attendance and method of advertising. Such meeting is not
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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.
• • + • • • + •• + • + • • + • + • + + • • + • + • • + • e or
accident inv PELINE - 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
accident or failure should occur.i.li•
hg. 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.
ih. A description of any haul routes during construction, identifying the roads and bridges
involved and the weight of the loads.
Any other information determined to be necessary by the Department of Planning
Services or its authorized representative to ensure the protection of the health, safety
and welfare of the inhabitants of the COUNTY.
3. Existing land USE of the properties where the PIPELINE — NATURAL GAS or PIPELINE
- PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will be located.
4. 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 and OVERLAY ZONI DISTRICTS, andwhich include floodplains,
if appropriate.
56. Signature of the applicant.
not required, but may be.
Department of Planning Services
BG. t-�at tie aop icant has eit ie e obtainer tie eEasements 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, and irrigation ditch companies and/or
affected irrigation ditch easement owners at the point crossed by the PIPELINE - NATURAL
GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
D. A statement which exp sins that the aopli I of this
Chapter, if t sa touted within any-OV=R_AY ZON NG DS CS or a SPECIAL
FLOOD - ed by the COUNTY.IDAsip-4l
EC. A statement which provides evidence of compliance with the following standards:
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1. All reasonable efforts have been made to avoid irrigated cropland or to minimize the
negative impacts on agricultural USES and lands.
2. The PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS will not have an undue adverse effect on existing and future
DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS.
3. The design of the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS mitigates negative impacts on the
surrounding area to the greatest extent feasible.
4. The disturbed area shall be maintained during construction by the applicant or property
owner in such a manner to control soil erosion. dust and the growth of NOXIOUS WEEDS.
5. The applicant has agreed to implement any reasonable measures deemed necessary by
the COUNTY to ensure that the health, safety and welfare of the inhabitants of the
COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from
the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS.
6. All reasonable alternatives to the proposal have been adequately assessed. and the
proposed action is consistent with the best interests of the people of the COUNTY and
represents a balanced use of resources in the affected area.
7. The nature and location or expansion of the PIPELINE - NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will not unreasonably interfere
with any significant wildlife habitat and will not unreasonably affect any endangered wildlife
species. unique natural resource, known historic landmark or archaeological site within
the affected area.
8. No adverse impact. from stormwater runoff. to the public rights -of -way and/or surrounding
properties will result because of the PIPELINE - NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
9. A statement thatwhich provides evidence of compliance with the requirements forobtaining
a stormwater construction permit from CDPHE for disturbing more than one acre of land
and compliancees with Article IX and Article XII of Chapter 8.
10. A statement how the applicant will mitigate any conflicts with irrigation ditch companies
and/or affected irrigation ditch easement owners with facilities within the easement or
right-of-way of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS. or crossed by the PIPELINE - NATURAL GAS or
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under
consideration.
11. 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.
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FD. If required, an access permit issued by the COL NTY's Department of Public Works.
GE.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 compary, or attorney derived from such records. or
from the records of the County Clerk and Recorcer. 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.
HF. 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.
1G. 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 within the easement.
JH. The applicant shall consult with the Weld County Office of Emergency Management to put
together an Emergency Action Plan, if needecd.,i).YllJI Ol
KI. 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 final map shall be delineated in nonfading p 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 siall be twenty-four {24 inches in height by thirty-six (36) inches
ixina ofstick
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 -wenty-four (24) inches in height by thirty-six
(36) inches in width. The mixing of sheet sizes is prohibited.
black drawing ink on Mylar or of e.er drafting media approved by the Director of P anning
Servic inches in size.
CB. 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
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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,I1F7_ 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 tenwo-foot contour intervals.
7.Soils reports required for pipeline crossings or any pipeline encroaching in public
right of way.
87. Any known geologic hazard and/or floodplain locations of record within the PIPELINE
easement.
1089.The map shall include aAny significant man-made features within one-half (0.5) mile on
each side of the approved route.
7
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
measured below the lowest roadside ditch flowline elevation. pi x
FE. Legend, title, scale and north arrow.
GF.Notes provided by the Department of Planning Services in the Administrative Approval or the
Resolution from the Board of County Commissioners.
HG.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
PAGE 14
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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).
Section 23-2-1150. Review of Application and Issuance of LAP.
Services. The Department of Planning Services shall be responsible for processing all
a�tionc for PIPE INE _ N T� i - AS aTnd-PIPE INE PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS in the unincorporated area of the County. lm9lThe 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)
pays shall be deemed to be a favorable resporse 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.
The Colorado Oil and Gas Conservation Commission.
The appropriate fire district.
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8 The Colorado Department of Transportation
9 Any irrigation ditch company with facilities on, or adjacent to, the PIPELINE — NATURAL
GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
10 History Colorado
11 Any other agencies or individuals to whom the Department of Planning Services deems a
referral necessary
B Notice of application for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be given by the Department of Planning
Services to surface property owners within one hundred fifty (150) feet on each side of the
centerline of the proposed preferred alignment, and to fee interest holders in any real property
(excluding mineral interests) proposed to be physically disturbed or crossed by the activity or
development which is the subject of the application Such notification shall be mailed, first-
class, no less than ten (10) days after receiving a complete application Such notice is not
required by state statute and is provided as a courtesy to surrounding property owners (the
surface estate) Inadvertent errors by the applicant in supplying such list, or the Department
of Planning Services in sending such notice, shall not create a jurisdictional defect in the
review/hearing process even if such error results in the failure of a surrounding property owner
to receive such notification
C Prepare staff comments addressing all aspects of the application, its conformance with the
Weld County Code in effect at the time of filing of the application, comments received from
agencies to which the proposal was referred, and standards contained in Article II, Division
11, above
D The Planning Director shall make a determination of the application within 60 days of a
complete application and may approve the LAP, if he or she determines that the application
provides sufficient evidence showing that the standards set forth in this Division will be met If
the Planning Director determines that the application does not provide sufficient evidence
showing that such standards set forth in this Division, will be met, he or she will provide the
applicant written notice identifying which standard(s) lack sufficient evidence in the
application If the applicant fails to remedy each identified deficiency within fourteen (14) days
of receipt of such written notice by supplementing the Application with additional evidence that
is sufficient, in combination with the evidence previously submitted, to meet such standard(s),
as determined by the Planning Director, the Planning Director shall forward the application to
the Board of County Commissioners for its review and consideration in a formal hearing before
the Board
E If there is a hearing before the Board of County Commissioners the Department of Planning
Services shall give notice of the hearing to those persons listed in the application as owners
of surface properties located within 150 feet of the PIPELINE — NATURAL GAS or PIPELINE
— PETROLEUM PRODUCTS OTHER THAN NATURAL GAS Such notification shall be
delivered via first-class U S Mail by the Department of Planning Services
F If there is a hearing before the Board of County Commissioners the Department of Planning
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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 PIPELIN€-NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS
m -a -p-: I.1 ► I 0 I
HG.At the time of application, Tthe applicant shall submit one (1) electric copy of the for
preliminary approval to the Department of Planning Services. The ap shall be pr ared in
accordance with the requirements of Section 23-2-1140 of this rticle. Upon ob fining and
recording all easements for the PIPELINE — NATURAL GAS or PIPELINE — P ROLEUM
PRODUCTS OTHER THAN NATURAL GAS, a final electronic of the map will ubmitted 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.
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
PAGE 17
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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) or to submit a compliance plan for the Department of
P lanning Services' approval that outlines how the Applicant and/or operator will cure the �
failure. Any such compliance plan shall provide a date certain by which to Applicant or
o perator proposes to cure the failure to comply with the standard(s). The applicant and/or
o perator 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
n ot 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 —
P ETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Amend Sec. 23-3-20. Uses allowed by right.
N o 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. through BB. — No change.
CC.PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
N ATURAL 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.
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•
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. through KK. — No change.
Delete LL. and MM. (to be replaced as follows:)
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. through 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. through 11. — No change.
Delete 12. and 13.
Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District.
A. through B.7. — No change
8. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
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
PAGE 19
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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 through 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 through B 7 — No change
8 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
a LAP Required No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-5 (Mobile
Home Residential) Zone District until a LAP has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Division 11, of this Chapter
Remainder of Section — No change
Amend Sec 23-3-210 C-1 (Neighborhood Commercial) Zone District
A through 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
PAGE 20
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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-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 through 12 — No change
Delete 13 and 14
Remainder of Section — No change
Amend Sec 23-3-220 C-2 (General Commercial) Zone District
A through 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 through 10 — No change
Delete 11 and 12
Remainder of Section — No change
Amend Sec 23-3-230 C-3 (Business Commercial) Zone District
A through 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
PAGE 21
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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 through 11 — No change
Delete 12 and 13
Remainder of Section — No change
Amend Sec 23-3-240 C-4 (Highway Commercial) Zone District
A through B 11 — No change
12 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
a LAP Required No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-4 (Highway
Commercial) Zone District until a LAP has been issued by the Department of Planning
Services or the Board of County Commissioners in accordance with the application
procedures set forth in Division 11, of this Chapter
C — No change
D Uses by Special Review The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter
1 through 6 — No change
Delete 7 and 8
Remainder of Section — No change
Amend Sec 23-3-310 I-1 (Industrial) Zone District
A through 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
PAGE 22
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ORD2018-05
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 through 11 — No change
Delete 12 and 13 and renumber as follows
12 MEDIUM SCALE SOLAR FACILITY
Remainder of Section — No change
Amend Sec 23-3-320 1-2 (Industrial) Zone District
A through 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 through 20 — No change
Delete 21 and 22
Remainder of Section — No change
Amend Sec 23-3-330 1-3 (Industrial) Zone District
A through 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 through 22 — No change
Delete 23 and 24
Remainder of Section — No change
Amend Sec 23-3-410 Uses allowed by right
PAGE 23
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ORD2018-05
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. through 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. through M. — No change.
Delete N. and O.
CHAPTER 26
RURAL URBANIZATION AREAS ("RUAs")
Amend Sec. 26-1-50. PUD Districts in RUAs.
A. through 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.
PAGE 24
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ORD2018-05
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2018-05 was, on motion duly made and
seconded, adopted by the following vote on the 17tn 8th day of SeptemberOctober, 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:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
June 27, 2018
Mike Freeman
August 6, 2018
August 15, 2018, in the Gree ey Tribune
August 29, 2018
September 5, 2018, in the Greeley Tribune
September 17, 2018
September 26, 2018, in the Greeley Tribune
Effective:
October 1, 2018iii•i
PAGE 25
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1sf Sit
WELD COUNTY
CODE ORDINANCE 2018-05
12 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 states 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
OZ0/ge oaCJA-1
ORD2018-05
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 stress of twee percent
(20%) or more -at their yield strength {S -M struction plans
or diagrams.
ARTICLE II — Permits and Procedures
Amend Sec. 23-2-440. Applicability.
A. — No change.
B. The Board of County Commissioners may approve the establishment of a Use by Special
Review for P-TPELINE NATURAL GAS and PIPELINL PETROL
THAN NATURAL GAS 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
P lanning 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 P-I-PE-L•I-NE--
NATURAL GAS and PIPELINE- PETROLEUM PRODUCTS OTHER T14A-N- 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.
N o person may locate or construct a RELINE -- -NATURAL GAS and PIPELINE -
P -E TROLEU-M-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 fr--I--RELINE -- NATURAL GAS and PIPELINE - PETROLE
PRODUC—S- O-- ER --AN NATURAL GAS -shall be approved without the applicant first
obtaining -approval of a Use lay Special Review Permit-oursuu 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 - T1URAL GAS and
P ', -P LINE• PETROLEUM PRODUCTS OTHER -TAN NATURAL GAS -an 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.
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a. thru f. — No change.
g. Any irrigation ditch company with facilities within the Right -of -Way or crossed by the
PIPELINE — NATURAL GAS -a-nci PIPELI-NE — 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
PRODUCT -OTHER THAN NATURAL. GAS and 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.
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2. The PIPELINE - NATURAL GAS and PIPELINE
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.
3. 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.
4 — No change.
5. The applicant has agreed to implement any -easonable 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
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.
8. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding
properties as a result of the and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and 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---a-n-d-Pd•PELINE --PETROLEUM -P-RODUGTS--O-TH-ER
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. — No change.
B. The
NATURAL GAS 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.
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C. The design of the proposed PIPELINE - NATURAL GAS-- and PIPELINE P-ETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and 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
P€-TROLEUM 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 -o - R =-mac n �?E_ 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 PIPELINE --NATURAL GAS and PIPELINE -
LROL-EUM PRODUCTS OTHER 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:
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a. A description of the PIPELINE - NATURAL GAS and PIPPLIN-F a PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER.
b. A description of the preferred route or s+telocation 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.
A description of any haul routes during construction, identifying the roads and bridges
involved and the weight of the loads.
Im. 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 - PETROLEUM PRODUCTS OM4--41--'---'- -i--4--I------ -- and PIPELINE -
DOMESTIC WATER maps.
*-,.Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size.
. 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.
0. Include a detailed route map showing the approved route through the County. The approved
route shall be displayed on a 1:24, 00 scale map. U.S.G.S. topographicquacrangle, or other
approved topographic study . The mao sha I display -the centerline
s€4he approved route and atefthe features depicted -oh the U.S.G.S. topograpb+E quadrangle
within one *Ty mile on each side -of the approved roue The base map updated to
inc-ude any ures within one-half (0.5) mile on each side of the
PAGE 7
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approved routeThe 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.
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 H4-PELINE
NATURAL GAS and PIPELINE - PETROLFUM PRODUCTS -OTHER THAN NATURAL GAS
a-nd-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.
81. Title, scale and north arrow.
9J. For each parcel that the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM
PKOuui:TS OTHEn 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.
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Amend Sec. 23-2-540. Changes to use by special review permit.
Any approved Use by Special Review Permit for a PIPELINE -NATURAL GAS an -d --PIPELINE
FROLEUM PRODUCTS O-TI4E-R---T-HAN 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
NATURAL GAS and PIPELINE --PETROLEUM PRODUCTS OT 4 -E -F T A-P4-NA-TURAL 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 App icant 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
Panning 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. Inapplicable. 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, and
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.
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B. A LAP is required for the location or construction of a PIPELINE — NATURAL GAS or
PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in all zone districts.
Any expansion, relocation or enlargement of a PIPELINE — NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be treated as a new USE
and shall require a new application under the provisions of this Division.
C. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS shall be constructed in any zone district until a LAP has been granted by the
Department of Planning Services or the Board of County Commissioners.
D. The Department of Planning Services shall not issue a building permit for any PIPELINE —
NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
in any zone district until a LAP has been issued by the Department of Planning Services or
the Board of County Commissioners.
E. No LAP shall be required for ordinary repairs and maintenance of a PIPELINE — NATURAL
GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS approved
pursuant to these regulations, approved pursuant to an approved Use by Special Review, or
located and constructed previously as a Use by Right, if performed within easements
or rights -of -way associated with the PIPELINE — NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. Ordinary repairs and
maintenance may be performed upon STRUCTURES associated with a LAP so long as such
repairs and maintenance do not have the effect of expanding or enlarging the USE.
F. Any person filing an application for a LAP shall comply with the procedures and regulations
as set forth in this Division.
G. Nothing in this Division shall be construed as exempting an applicant from a County
Right -of -Way Use Permit, County Grading Permit, County MS4 Permit or any state or federal
laws or regulations.
H. Applications for a LAP shall be completed as set forth in Section 23-2-1130, below. The
completed application and application fees shall be submitted to the Department of Planning
Services.
I. The County may require an applicant to submit an Improvements Agreement for Road
Maintenance during the construction of required improvements to mitigate impacts caused by
any PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS. The Improvements Agreement shall conform with the County policy for
improvements and agreements and must be approved by the Board of County Commissioners
prior to operation.
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.
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K. The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS shall be located outside the existing and future road right-of-way as depicted
on the Weld County Functional Classification Map, at the time an applicant submits a LAP
application, except at approved right-of-way crossings. A PIPELINE - NATURAL GAS or
PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted after the
effective date of this Division 11, which is erroneously located within an existing and/or future
right-of-way, shall be moved at the expense of the operator and/or permittee upon receipt of
notice by Weld County of its intent to improve or construct a roadway within the right-of-way.
Sec. 23-2-1120. Prohibition of construction without permit.
After the effective date of Division 11, no person may locate or construct a PIPELINE -
NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in
the County without first obtaining a LAP Permit, pursuant to these regulations, and no Building
Permit or Right -of -Way Use permit for a PIPELINE - NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be approved without the
applicant first obtaining approval of a LAP Permit pursuant to these regulations.
Sec. 23-2-1130. Application requirements for a LAP.
A LAP applicant may arrange for a preapplication conference with the Department of Planning
Services. The Department of Planning Services shall be responsible for processing all
applications for a PIPELINE - NATURAL GAS aid PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS in the unincorporated area of the County. The Department shall
also have the responsibility of ensuring that all application submittal requirements are met prior
to initiating any official action as listed below. Any changes to the application may require a new
LAP as identified in Section 23-2-1110 of this chapter. The following supporting documents shall
be submitted as a part of a LAP application:
A. An application for a LAP on a form supplied by the Department of Planning Services. The
application shall include the following:
1. The name, address, email and telephone number of the applicant.
2. A summary statement of the project, to include, when applicable:
a. A description of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS, including the product(s) or substance(s)
being transported and its/their source, and the capacity, size, terminus or end of route
destination and type of PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS, including any support STRUCTURES
involved.
b. A description of the route or location of the PIPELINE - NATURAL GAS or PIPELINE
- PETROLEUM PRODUCTS OTHER -HAN NATURAL GAS and reasons for its
selection.
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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 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.
h. A decommissioning plan. The decommissioning plan shall address how the pipeline
will be properly cleaned, capped and maintained or if the pipeline will be abandoned
in place or the pipeline will be removed from the ground.
i. A description of any haul routes during construction, identifying the roads and bridges
involved and the weight of the loads.
J.
Any other information determined to be necessary by the Department of Planning
Services or its authorized representative to ensure the protection of the health, safety
and welfare of the inhabitants of the COUNTY.
3. Existing land USE of the properties where the PIPELINE - 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
PAGE 12
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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 and irrigation ditch companies and/or
affected irrigation ditch easement owners at the point crossed by the PIPELINE —
NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
D. A statement which explains that the application complies with Article V and Article XI of this
Chapter, if the proposal is located within any OVERLAY ZONING DISTRICTS or a SPECIAL
FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY.
E. A statement which provides evidence of compliance with the following standards:
1. All reasonable efforts have been made to avoid irrigated cropland or to minimize the
negative impacts on agricultural USES and lands.
2. The PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS will not have an undue adverse effect on existing and future
DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS.
3. The design of the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS mitigates negative impacts on the
surrounding area to the greatest extent feasible.
4. The disturbed area shall be maintained during construction by the applicant or property
owner in such a manner to control soil erosion, dust and the growth of NOXIOUS WEEDS.
The applicant has agreed to implement any reasonable measures deemed necessary by
the COUNTY to ensure that the health, safety and welfare of the inhabitants of the
COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from
the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS.
6. All reasonable alternatives to the proposal have been adequately assessed and the
proposed action is consistent with the best interests of the people of the COUNTY and
represents a balanced use of resources in the affected area.
7. The nature and location or expansion of the PIPELINE - NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will not unreasonably interfere
with any significant wildlife habitat and will not unreasonably affect any endangered wildlife
species, unique natural resource, known historic landmark or archaeological site within
the affected area.
8. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding
properties will result because of the PIPELINE - NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
9. A statement thatwhic-h provides evidence of compliance with the requirements for
PAGE 13
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obtaining-i--a stormwater construction permit from CDPHE for disturbing more than one acre
of land and compliancees with Article IX and Article XII of Chapter 8.
10. A statement how the applicant will mitigate any conflicts with irrigation ditch companies
and/or affected irrigation ditch easement owners with facilities within the easement or
right-of-way of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS, or crossed by the PIPELINE - NATURAL GAS or
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS under
consideration.
11. 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 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 twen-four (24) inches in height by thirty-six (36) inches in
width. The mixing of sheet sizes is prohibited. No plat submitted shall contain any form of stick -
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on -type material such as, but not limited to "sticky -back," adhesive film or kroy lettering tape.
The applicant shall provide a LAP map to include:
A. The draft map shall be in electronic form.
B. The -fin -al map stall -be -drafted in black drawing ink on Mylar or other drafting- media approved
by the Director of Planning Services -measuring twenty-four {-2q) inches by thErty-sEx---(-36)
inches in size:
BC.A vicinity map at a suitable scale (1" = 2,000' m nimum 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.
CD.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, Iaydown yards,
parking and staging areas, temporary andpermanent 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 recorc 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 tenwo-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 shah-+n-kde- aAny significant mar -made features within one-half (0.5) mile on
each side of the approved route.
D-E.A detailed drawing of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS at ntersections of any county road, section line
or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of
PAGE 15
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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.
ER 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.
Ht. 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 twentight (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
PAGE 16
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Board of County Commissioners:
1. The governing body of any town and county whose boundaries are within three (3) miles
of the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS.
2. The Weld County Department of Public Health and Environment.
3. The Weld County Department of Public Works.
4. The Weld County Office of Emergency Management.
5. Colorado Parks and Wildlife.
6. The Colorado Oil and Gas Conservation Commission.
7. The appropriate fire district.
8. The Colorado Department of Transportation.
9. Any irrigation ditch company with facilities on, or adjacent to, the PIPELINE — NATURAL
GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
10. History Colorado.
11. Any other agencies or individuals to whom the Department of Planning Services deems a
referral necessary.
B. Notice of application for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be given by the Department of Planning
Services to surface property owners within one hundred fifty (150) feet on each side of the
centerline of the proposed preferred alignment, and to fee interest holders in any real property
(excluding mineral interests) proposed to be physically disturbed or crossed by the activity or
development which is the subject of the application. Such notification shall be mailed, first-
class, no less than ten (10) days after receiving a complete application. Such notice is not
required by state statute and is provided as a courtesy to surrounding property owners (the
surface estate). Inadvertent errors by the applicant in supplying such list, or the Department
of Planning Services in sending such notice, shall not create a jurisdictional defect in the
review/hearing process even if such error results in the failure of a surrounding property owner
to receive such notification.
C. Prepare staff comments addressing all aspects of the application, its conformance with the
Weld County Code in effect at the time of filing of the application, comments received from
agencies to which the proposal was referred, aid standards contained in Article II, Division
11, above.
D. The Planning Director shall make a determination of the application within 60 days of a
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ORD201 8-05
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)L
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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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 recording the LAP map.
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 recordec 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 :o 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
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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) or to submit a compliance plan for the Department of
Planning Services' approval that outlines how the Applicant and/or operator will cure the
failure. Any such compliance plan shall provide a date certain by which to Applicant or
operator proposes to cure the failure to comply with 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 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.
A. thru BB. — No change.
i
CC PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN
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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.
PIPELINE - NATURAL GAS.
MM. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
N -PILL. SMALL SCALE SOLAR FACILITY.
9OMM. 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. PIPELINE -- NATURAL GAS -
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I
13. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
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Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District.
A. thru B7. - 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
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 B7. — 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
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. 23-3-150. 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 CoLnty 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.
13. PIPELINE --NATURAL GAS.
1-4.
2
__
AN 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 24
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1. thru 10. — No change.
i
1-1. PIPELINE - NATURAL -SAS.
1-a PIPELINE - 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 he 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. PIPEL4N-E--- NA FURAL GAS.
13- PIPELINE - PETROLEUM PRODUCTS OTHER -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
Commerciall_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 25
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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.
� 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.
12. PIP
1-37- PIPELINE - PETROLEUM PRODUCTS OTHER THAN -NATURAL GAS.
142. MEDIUM SCALE SOLAR FACILITY.
Remainder of Section — No change.
PAGE 26
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. -PW-PE-L-t-N-E- --NATURAL GAS.
24.---PIRELI-NE---PF TROLEUMP-RODUCT-S-0-TEPCTHANNATURAL 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 27
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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.
N-. PIPELINE NATURAL GAS.
O. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
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 28
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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 -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
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 29
2018-2510
ORD2018-05
EXHIBIT INVENTORY CONTROL SHEET
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
Exhibit Submitted By Description
A. COGA Redlines
LAP Process
B. Dennis Hoshiko
Testimony of Dennis Hoshiko at BOCC hearing
08/06/18
C. Ryan Seastrom/COGA
D. Dennis Hoshiko
Request for Continuance of 2nd Reading
Testimony of Dennis Hoshiko at BOCC hearing
08/29/18
E. Ryan Seastrom
F. Dennis Hoshiko
COGA Comments at 2nd Reading
Testimony of Dennis Hoshiko at BOCC hearing
09/24/18
Memorandum for Ordinance 2018-05 (Pipelines), 3rd
Reading
Application Differences between LAP and USR
For Pipelines
G. Tom Parko
H. Tom Parko
Testimony of Dennis Hoshiko at BOCC hearing
I. Dennis Hoshiko 10/08/18
J.
K.
L.
M.
N.
O.
P.
Q.
R.
s
T.
U.
V.
2018-2512
Cheryl Hoffman
To:
Subject:
Attachments:
Tisa Juanicorena
FW: COGA Redline - LAP Process - 8/6/18 Public Hearing
COGA Redlines - LAP Process - 8.6.18.pdf
From: Ryan Seastrom <Ryan.Seastrom@coga.org>
Sent: Friday, August 03, 2018 2:45 PM
To: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer
<bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
Cc: Tom Parko Jr. <tparko@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Christy Woodward
<christy.woodward@coga.org>; Andrew Casper <Andrew.Casper@COGA.org>; Julia Rhine <rhine@bhfs.com>; Mark
Mathews <mmathews@bhfs.com>
Subject: COGA Redline - LAP Process - 8/6/18 Public Hearing
Good afternoon Commissioners and staff,
Please find attached COGA's redline related to the most recent draft of the County's LAP process. COGA and industry
appreciate the opportunities that have been provided for feedback and comment.
If you have any questions, please do not hesitate to contact me at any time. I look forward to seeing you all on Monday.
Sincerely,
Ryan Seastrom
Community Outreach Coordinator
Colorado Oil & Gas Association
p: 303-861-0362 c: 720-788-9746
Click for more information on the Conference Theme, Registration, Sponsorships & Expo opportunities
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1
Yellow
— Additions to Current Code
Strikeout — Repeal from Current Code
ARTICLE I
Sec. 23-1-90. - Definitions.
For the purposes of this Chapter_ certain terms or words used herein shall be interpreted as defined
in this Section The following specific words and phrases. when appearing in this Chapter in uppercase
letters. shall have the meanings stated in this Section
FLOWLINES: means a segment of pipe transferring oil, gas, or condensate between a wellhead and
processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline
and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering
line or a segment of pipe transferring produced water between a wellhead and the point of disposal.
discharge. or loading. This definition of flowline does not include a gathering line. The different types of
flowlines are'
Wellhead Line. means a flowline that transfers well production fluids from an oil or gas well to
process equipment (e.g.. separator. production separator. tank, heater treater), not including pre-
conditioning 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 gasinstrument 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.
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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. , and is designec to operate at a loop stress of twenty percent (20%) or more at heir
specified minimum yie c strengti (SMYS). as siown on construction p ans or diagrams.
ARTICLE II - Permits and Procedures
Sec. 23-2-440. - Applicability.
A Uses by Special Review are USES which have been determined to be more intense or to have a
potentially greater impact than the Uses Allowed by Right in a particular zone district Therefore. Uses
by Special Review require additional consideration to ensure that they are established and operated
in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD The
additional consideration or regulation of Uses by Special Review, and the application to a Use by
Special Review of Performance, Design and Operations Standards listed both herein and for
applicable USES from any zone district, are designed to protect and promote the health. safety
convenience and general welfare of the present and future residents of the COUNTY
B The Board of County Commissioners may approve the establishment of a Use by Special Review for
PIPELINE NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS and 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 Any person filing an application for a Use by Special Review Permit shall comply with the COUNTY
procedures and regulations as set forth herein Any expansion or enlargement of a Use by Special
Review shall be treated as a new USE and shall require a new application under the provisions of this
Division
D Ordinary repairs and maintenance located within easements or rights -of -way of PIPELINE NATURAL
GAS and PIPELINE—PETRGLEUM 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 Applications for Use by Special Review Permits shall be completed as set forth in Section 23-2-500
The complete application and application fees shall be submitted to the Department of Planning
Services
F The applicant shall submit one (1) paper or electronic copy of the map for preliminary approval to the
Department of Planning Services Upon approval of the paper copy the applicant shall submit a Mylar
map. 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
map shall be prepared in accordance with the requirements of Subsection 23-2-520 of this Article The
Mylar map and additional requirements shall be recorded within one hundred twenty ( 120) days from
the date of the Board of County Commissioners Resolution The applicant shall be responsible for
paying the recording fee If a Use by Special Review (USR) map has not been recorded within one
hundred twenty (120) days from the date of 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 it and present evidence substantiating that the Use by Special
Review (USR) has not been abandoned and that the applicant possesses the willingness and ability
to record the Use by Special Review (USR) map The Board of County Commissioners may extend
the date for recording the map If the Board determines that conditions supporting the orig inal approval
of the Use by Special Review (USR) map cannot be met. the Board may after a public hearing, revoke
the Use by Special Review (USR)
17151231.1
Commented [BHFS1]: Planning staff and Commissioners alike
have asserted throughout this process that pipeline operators must
be intentionally skirting the USR process by building multiple
smaller diameter or lower pressure lines, simply because they
hadn't seen many USR applications since 2014. The fact is that
pipeline construction activity is tied to production activity, which
came to a standstill as the market declined precipitously in late
2014. Production activity has resumed in earnest the past year,
which is reflected at present in a very active slate of pipeline USR
applications in Weld County.
While industry recognizes certain very tangible benefits of moving
to an administrative application and approval procedure for
pipelines, we wish to underscore and clarify that (1) pipelines that
are functionally gathering pipelines are encompassed within both
the old and the proposed new definitions of PIPELINE - NATURAL
GAS, and (2) removal of the 20% SMYS threshold from the
definition significantly expands the scope of the ordinance; we
expect the volume of pipeline LAPs will increase 4- or even 5 -fold,
compared to the current volume of USR applications.
As such, operators continue to have concerns that removing the
hoop stress threshold will result in Weld County receiving far more
pipeline applications than it is accustomed to receiving. Operators
appreciate the County's stated intent to keep up with an increase in
pipeline applications and target a 60 day turnaround. Operators
submit that the increase in pipeline applications may be more
dramatic than the County fully appreciates and that the 60 day
turnaround will consequently be impossible.
Commented [BHFS2]: As a global comment, please state the
effective date of these regulations and whether there will be a
phasing -in process. Please confirm that lines that are under
construction at the time the regulations become effective will not
be subject the USR process. It would be burdensome (and disliked
by surface owners) to require operators to stop construction once
commenced. Similarly, there may be other pipelines on the verge
of being constructed when the regulations become effective for
which requiring that operator to go through a USR process or a LAP
process so close to construction would present undue hardship.
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
Sec. 23-2-450. - Relationship of regulations to other requirements.
Nothing in this Division shall be construed as exempting an applicant from any state or federal laws or
regulations
Sec. 23-2-460. - Prohibition of construction without permit.
No person may locate or construct a PIPELINE- NATURAL GAS and PIPELINE PETROLEUM
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 NATURAL GAS and PIPELINE -PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
sia be approved wit -out tie app icant first obtaining approva of a Use by Specia Review Permit pursuant
to these regulations
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 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 may be
deemed to be a favorable response to the Planning Commission The reviews and comments
solicited by the COUNTY are intended to provide the COUNTY with information about the
proposed Use by Special Review The Planning Commission and Board of County
Commissioners may consider all such reviews and comments and may solicit additional
information if such information is deemed necessary The reviews and comments submitted by a
referral agency are recommendations to the COUNTY The authority for making the decision to
approve or deny the request for a Use by Special Review Permit rests with the Board of County
Commissioners
a The planning commission of any town or county whose boundaries are within three (3) miles
of the proposed site or if the proposed site is located within any town's comprehensive
planning area
b Department of Public Health and Environment
c Department of Public Works
d Colorado Geological Survey
e Colorado Department of Transportation
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U S Forest Service
g Any irrigation ditch company with facilities within the Right -of -Way or crossed by the
PIPELINE NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS and PIPELINE - DOMESTIC WATER under consideration.
h Utility companies with underground lines which might be affected by the DEVELOPMENT
Special service districts which may provide service to the DEVELOPMENT
j State Engineer. Division of Water Resources
k Natural Resource Conservation Service
History Colorado
m Colorado Park and Wildlife
Any other agencies or individuals whose review the Department of Planning Services deems
necessary
2 Prepare staff comments for use by the Planning Commission addressing all aspects of the
application. its conformance with Chapter 22 of this Code and any other applicable code provision
or ordinance in effect. adopted master plans of affected municipalities. sound land use planning
practices comments received from agencies to which the proposal was referred and standards
contained in this Chapter
3 Set a Planning Commission hearing date The Board of County Commissioners public hearing
may also be set and be given legal notice and posting. concurrent with setting of the Planning
Commission hearing date and in accordance with Section 23-2-470 B 5 or Section 23-2-470 B 6
4 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
5. Notice of application for a PIPELINE NATURAL GAS and PIPELINE PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and 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
6 Prepare staff comments and recommendations for presentation at the Board of County
Commissioners hearing, addressing all aspects of the application, its conformance with this
Chapter and Chapter 22 of this Code and comments received from referral agencies
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
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1 All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative
impacts on agricultural USES and lands
2. The 2 ?ELINE NA -URA _ GAS and 2 PE'RO_ELV 2RODUC-S OER -AM
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
3. 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
4 The site shall be maintained in such a manner so as 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
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 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 and PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS 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 NATURAL GAS and PIPELINE PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER
B The Secretary of the Planning Commission shall forward the official recommendation of the Planning
Commission and the information contained in the official record, which includes the Department of
Planning Services case file. to the Clerk to the Board within ten (10) days after said recomm endation
has been made
If the Planning Commission recommendation is conditional upon the applicant completing certain
specified items prior to the publication of the notice for the hearing by the Board of County
Commissioners the ten-day period shall commence upon submission of the items by the applicant to
the Department of Planning Services
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 and PIPELINE PETROLEUM PRODUCT -S -OTHER -THAN NATURAL GAS
an - PIPELINE - DOMESTIC WATER only if all applicable requirements of this Division are metand the
applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the
following standards
A All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative
impacts on agricultural USES and lands.
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
17151231.1
Commented [BHFS3]: Assuming good faith negotiations have
occurred between the landowner and the pipeline owner (either
they are ongoing or have concluded and a ROW is in place), it
should be the choice of the landowner to decide whether it is
acceptable for him to be compensated for any loss in crops and
where the landowner is ok with cropland disturbance, the County
should respect the landowner's choice.
existing and future development of the surrounding area as set forth in applicable MASTER
PLANS
C 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
D The site shall be maintained in such a manner so as to control soil erosion, dust and the growth
of NOXIOUS WEEDS
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 PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS and PIPELINE - DOMESTIC WATER
F All reasonable alternatives to the proposal have been adequately assessedand 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.
G The nature and location or expansion of the PIPELINE - NATURAL GAS and -PIPELINE
TRO_=UV DRODUC—S O-- ER --'AN \A -URA_ GAS and PIPELINE - DOMESTIC WATER
will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect
any endangered wildlife speciesunique 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 -an- PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER
Sec. 23-2-500. - Application for use by special review permit.
Any person seeking to locate and construct a PIPELINE NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER 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
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. The applicant's name and telephone number
B Address of the applicant and general OFFICE
C Summary statement of the project. to include when applicable
1 Source. capacity size. destination and type of facilities, support STRUCTURES linesetc
involved
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2 A detailed report shall be submitted which includes information on the following items
a. A description of the PIPELINE NATURAL GAS and- PIPELINE - PETROLEUM
PRODUCTS OTHER GAS and PIPELINE - DOMESTIC WATER
b A description of the preferred route or site location of the PIPELINE — DOMESTIC
and reasons for its selection
17151231.1
WATER
c Procedures to be employed in mitigating any adverse impacts of the proposed routes or
sites
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 employees and the general PUBLIC
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 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
j A Decommissioning Plan
k. A traffic narrative describing construction traffic and permanent or temporary access
points
ki A description of any haul routes during construction. identifying the roads and bridges
involved and the weight of the loads
Any other information determined to be necessary by the Department of Planning
Services or its authorized representative to ensure the protection of the health. safety
and welfare of the inhabitants of the COUNTY
Sec. 23-2-520. - Drawing Mapping requirements for PIPELINE NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER maps
1 Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size
2 Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning
Services.
3 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
4 Include a detailed route map showing the approved route through the County The approved route
shall be displayed on a 1.24,000 1.200 scale map. U.S.G.S-. topographic -quadrangle, mate{
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 {4-}
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 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
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a The physical location of the road
b All existing and future public rights -of -way
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c. All existing utility easements of record.
d Irrigation ditches
Adjacent property lines and respective owners names of record
f. Topography at a minimum of two -foot contour intervals.
g Soils reports required for pipeline crossings or any pipeline encroaching in public right-of-way
h. Identify geologic hazard and/or floodplain locations
i The map shall include any significant man-made features within one-half 90.5) mile on each side
of the route.
5 A detailed drawing of the PIPELINE — DOMESTIC WATER 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-(1-5)-Ufeet below collector
roads. and _ltitteen k15) feet below paved local roads. and ten {10fJ) 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.
56 Legend
67. Development standards
78. The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE -NATURAL
GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS-a-RdPIPELINE -
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
89. Title. scale and north arrow
910. 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
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
a=TRO -UM DRODUC-S O-- ER --AN NA`URA_ GAS a -no 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 - NATURAL GAS and PIPELINE
PETROLEUM -PRODUCTS OTHER 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
Sec. 23-2-1020. - Application requirements for WOGLA.
17151231.1
Commented [BHFS4]: Depths should not necessarily have to
be these depths. So long as pipelines are deep enough to prevent
concrete panel uplift and otherwise will not interfere with roads,
etc., shallower depths should be allowed. At minimum, an operator
should be able seek a variance of these depth requirements.
Operators would also like to better understand the County's
technical basis for the depths it is proposing. To be sure, operators
appreciate the County's stated concerns regarding pipe -strikes and
safety and the County's desire to ensure it doesn't have to re -locate
pipelines at the County's expense during road construction/repair,
etc., but the depths provided are arbitrary without technical
justification.
Finally, it is COGA's understanding that the County did not mean to
apply these depths to domestic water pipelines, only oil/natural gas
pipelines.
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.
H If applicable. a statement and drawing describing the size and approximate location of all
FLOWLINES and oil and gas lines and,or water pipelines integral to productionconnecting to
the OIL AND GAS FACILITY
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
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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.
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
17151231.1
Commented [BHFS5]: is this relevant? Put differently, a
budding permit is not needed for a pipeline project, is it? Would
there be any cases in which an operator would need a building
permit for a pipeline requiring an approved LAP? If there are such
circumstances, could an operator get an exception so that it may
obtain a building permit before it has LAP approval and, if so, how
would that process work?
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.
The County may require an Applicant to submit an Improvements Agreement for Road Maintenance
during the construction of required improvements to mitigate impacts caused by any PIPELINE —
NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. The
Improvements Agreement shall conform with the County policy for improvements and agreements and
must be approved by the Board of County Commissioners prior to operation_
J. The review, consideration and issuance of a LAP is an administrative process and is exempt from the
definition of DEVELOPMENT set forth in the agreements contained in Chapter 19 of the Weld County
Code.
K. The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS shall be located outside the existing and future road right-of-way as depicted on the
Weld County Functional Classification Map. at the time Applicant submits a LAP application except at
approved right-of-way crossings. A PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS permitted after the effective date of this Division 11 which
is erroneously located within an existing and/or future right-of-way shall be moved at the expense of
the operator and/or permittee upon receipt of notice by Weld County of its intent to improve or construct
a roadway within the right-of-way
Sec. 23-2-1120. - Prohibition of construction without permit.
After the effective date of Division 11, no person may locate or construct a PIPELINE - NATURAL GAS
and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in the County without first
obtaining a LAP Permit pursuant to these regulations and no Building Permit or Right of Way Use permit
for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS shall be approved without the applicant first obtaining approval of a LAP Permit pursuant to these
regulations.
Sec. 23-2-1130. - Application requirements for a LAP.
A LAP applicant may arrange for a preapplication conference with the Department of Planning Services.
The Department of Planning Services shall be responsible for processing all applications for a PIPE LINE -
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.
Substantial 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 description of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS. including the product(s) or substance(s) being transported and
its/their source. and the capacity. size, ter^H nus or end of rnut��2 and type of PIPELINE -
NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
including any support STRUCTURES involved
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.
17151231.1
Commented [BHFS6]: Operators need an effective date that
allows projects underway or close to being underway to be
grandfathered in under the existing regulations. COGA suggests an
appropriate grace period is four months from the date the new
regulations are adopted, as four months reflects the amount of
time it takes to assemble the required LAP submittal materials and
for the LAP to be subsequently issued.
Commented [BHFS7]: Please specify how "capacity" is
supposed to be described. Capacity is based on many factors, such
as pressure, future compression installed, where other volumes are
added or removed along the way, etc.
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 rights -of -way tracts, and the timing of third party facility completion.
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 Applicants or the operator's employees and the PUBLIC.
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 decommission 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.
A description of any haul routes during construction. identifying the roads and bridges involved
and the weight of the loads.
Any other information determined to be necessary by the Department of Planning Services or
its authorized representative to ensure the protection of the health, safety and welfare of the
inhabitants of the COUNTY
3 Existing land USE of the properties where the PIPELINE - NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will be located
4. Present zone and OVERLAY ZONING DISTRICTS. if appropriate.
5. Signature of the Applicant.
B An Applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not
required. but may be suggested by the Planning Services staff to encourage communication between
a land use Applicant and the neighbors
C Evidence in the application that the Applicant has either obtained the easements or rights -of -way for
the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS, or a statement that the Applicant is currently in good faith negotiations with the owners of surface
properties crossed by the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS
D A statement which explains that the application complies with Article V and Article XI of this Chapter. if
the proposal is located within any OVERLAY ZONING DISTRICTS or a SPECIAL FLOOD HAZARD
AREA identified by maps officially adopted by the COUNTY
E. A statement which provides evidence of compliance with the following standards
1. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative
impacts on agricultural USES and lands_
2. The PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS will not have an undue adverse effect on existing and future DEVELOPMENT of
the surrounding area as set forth in applicable MASTER PLANS
17151231.1
3 The design of the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS mitigates negative impacts on the surrounding area to the greatest
extent feasible.
4 The disturbed area shall be maintained during construction by the applicant or property owner in
such a manner to control soil erosion. dust and the growth of NOXIOUS WEEDS
5 The Applicant has agreed to implement any reasonable measures deemed necessary by the
COUNTY to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be
protected. and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE
- NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
6 All reasonable alternatives to the proposal have been adequately assessed. and the proposed
action is consistent with the best interests of the people of the COUNTY and represents a balanced
use of resources in the affected area
7. The nature and location or expansion of the PIPELINE - NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will not unreasonably interfere with any
significant wildlife habitat and will not unreasonably affect any endangered wildlife species. unique
natural resource. known historic landmark or archaeological site within the affected area.
8 No adverse impact. from storm water runoff. to the public rights -of -way and/or surrounding
properties will result because of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS
9 A statement which that provides evidence of compliance with obtaining athe reQuirements for a
stormwater construction permit from CDPHE for disturbing more than one acre of land and
complies -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
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.
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.
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.
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
17151231.1
Section 23-2-1140- Mapping requirements for PIPELINE - NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
The Applicant shall provide a LAP map to include
A. The draft map shall be in electronic form
B The final map shall be drafted in black drawing ink on Mylar or other drafting media approved by the
Director of Planning Services measuring twenty-four (24) inches by thirty-six (36) inches in size.
C A vicinity map at a suitable scale (1" = 2.000' minimum or as approved by the Department of Planning
Services) which displays the location of the route within the County and its relationship to towns. major
water features, irrigation ditches and major transportation features.
i
D A detailed map showing the approved route through the County. The approved route shall be displayed
on a 1200 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 [Jtwo foot contour i
ntervals.
7 Soils reports required for pipeline crossings or any pipeline encroaching in public right-
of-way
8 Any know 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
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 'went -y-(20)11 feet below arterial roads, fi7' feet below collector roads and fifteen --(4-5)1
feet below paved local roads. and ten-- lu)[] 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.
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
17151231.1
Commented [BHFS8]: topography at minimum two -foot
intervals is very costly and provides much more detail than industry
standard surveys are scoped to obtain. Please consider enlarging
these intervals.
Commented [BHFS9]: Please confirm the nature and source of
this data and add clarifying information to this requirement
Commented [BHFS10]: Weld could consider adding a
provision requiring the pipeline owner to relocate the pipeline at
the owner's sole expense in the event a "future" right-of-way
comes to fruition, but operators should not have to spend money
upfront to accommodate road width that may never occur or that
may occur after the pipeline is no longer needed or in use.
Commented [BHFS11]: Depths should not necessarily have to
be these depths. So long as pipelines are deep enough to prevent
concrete panel uplift and otherwise will not interfere with roads,
etc., shallower depths should be allowed. At minimum, an operator
should be able seek a variance of these depth requirements.
Operators would also like to better understand the County's
technical basis for the depths it is proposing. To be sure, operators
appreciate the County's stated concerns regarding pipe -strikes and
safety and the County's desire to ensure it doesn't have to re -locate
pipelines at the County's expense during road construction/repair,
etc., but the depths provided are arbitrary without technical
justification.
Further, consider that not only would increasing depths to 10+ feet
increase the cost of borings for the operator unduly, but also these
depths create the potential that the connections on either side of
the county roads could now be considered a confined space. Entry
into these confined spaces to make connections or new tie ins will
require additional safety requirements such as rescue crews onsite,
shoring, etc.
In sum, deeper does not necessarily equal safer, and in some
instances, could actually be more dangerous or burdensome. We
are not aware of any industry standard that would require depths
such as the County is proposing. Operators should be able to bore
at shallower depths than the County is proposing where shallower
depths are supported by recognized engineering principles.
Commented [BHFS12]: Please provide clarity as to what notes
are expected to be provided in the initial map filing v. the final
product map filing. An applicant cannot submit an initial map that
includes the Planning Dept 's notes.
Commented [BHFS13]: is this referring to the pipeline owner?
If not, should it be operator ?
Planning Services Administrative Approval. The required content of the certificates is available from the
Department of Planning Services
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: and
4. Reception Number for the Easement/Rights-of-Way
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 Department of Emergency Management
5. Colorado Parks and Wildlife
6 The Colorado Oil and Gas Conservation Commission
7. The appropriate fire district
8. The Colorado Department of Transportation.
9 Any irrigation ditch company with facilities on, or adjacent to. the PIPELINE — NATURAL GAS or
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
i
10 History Colorado
11. Colorado Park and Wildlife
12. Any other agencies or individuals to whom the Department of Planning Services deems a referral
necessary.
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)
17151231.1
i
proposed to be physically disturbed or crossed by the activity or development which is the subject of
the application Such notification shall be mailed. first-class. no less than ten (10) days after receiving
a complete application Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate) Inadvertent errors by the Applicant in supplying
such list. or the Department of Planning Services in sending such notice, shall not create a
jurisdictional defect in the review/hearing process even if such error results in the failure of a
surrounding property owner to receive such notification
C. Prepare staff comments addressing all aspects of the application. its conformance with the Weld County
Code in effect at the time of filing of the application. comments received from agencies to which the
proposal was referred. and standards contained in Article II. Division 11. above.
D The Planning Director shall make a determination of the application within 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 applicant fails to remedy each identified
deficiency within fourteen (14) days of receipt of such written notice by supplementing the Application
with additional evidence that is sufficient. in combination with the evidence previously submitted. to
meet such standard(s). as determined by the Planning Director, the Planning Director shall forward the
application to the Board of County Commissioners for its review and consideration in a formal hearing
before the Board.
E. If there is a hearing before the Board of County Commissioners the Department of Planning Services
shall give notice of the hearing to those persons listed in the application as owners of surface properties
located within 150 feet of the PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS. Such notification shall be delivered via first-class U S Mail by the
Department of Planning Services
F If there is a hearing before the Board of County Commissioners the Department of Planning Services
shall prepare legal notice for the Board of County Commissioners' hearing to be published in the
newspaper designated by the Board of County Commissioners for publication of notices The date of
publication shall be at least ten (10) days prior to the hearing.
G. AM easements for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS must be in place -prior to issuance of-the-LAP.executed or being negotiated in
faith 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.
17151231.1
Commented [BHFS14]: The LAP process should be faster than
the USR process.
Commented [BHFS15]: The submittal requirement under
proposed Section 23-2-1130.C. does not require that the easements
have been executed and nor should the LAP issuance, provided the
operator can show that it is in the process of obtaining the
necessary easements. Requiring "all" easements to be in place
would cause significant delays to the start of construction,
particularly where third party well connects or long pipelines are
involved. Operators should be able to begin construction where
they have easements, regardless of whether the easements run the
full length of the pipeline.
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 change :rh as r--,\, t.L-, ,-f what will be nnnsider9d n c; 1mcmrti2!..
changejs 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) The Applicant and/or operator will be given thirty (30) days in which to cure the failure to
comply with the standard(s) or to submit a compliance plan for the Department of Planning Services'
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 or operator proposes to cure the failure to
comnly 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.
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
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 alteredenlarged 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
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
17151231.1
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
LL PIPELME NATURAL GAS
MM. PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
(Renumber accordingly)
Sec. 23-3-110. - R-1 (Low -Density Residential) Zone District.
B 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 R-1 Zone
District except for one (1) or more of the following USES Land in the R-1 Zone District must be USED
in compliance with the bulk requirements contained in Section 23-3-160 below USES within the R-1
Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter
10 PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
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.
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
1-2 PIPELINE NATURAL GAS
13. PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
Sec. 23-3-130. - R-3 (Medium -Density Residential) Zone District.
B Uses Allowed by Right No BUILDING STRUCTURE or land shall be usedand no BUILDING or
STRUCTURE shall hereafter be erected. structurally alteredenlarged or maintained in the R-3 Zone
District except for one (1) or more of the following USES Land in the R-3 Zone District must be USED
in compliance with the bulk requirements contained in Section 23-3-160 of this Article USES within
the R-3 Zone District are also subject to the additional requirements contained in Articles IV and V of
this Chapter
8 PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL
GAS
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.
Sec. 23-3-140. - R-4 (High -Density Residential) Zone District.
B 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 R-4 Zone
1-7-151231.1
District except for one (1) or more of the following USES Land in the R-4 Zone District must be used
in compliance with the bulk requirements contained in Section 23-3-160 below USES within the R-4
Zone District are also subject to the additional requirements contained in Articles IV and V of this
Chapter
8. PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
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
Sec. 23-3-150. - R-5 (Mobile Home Residential) Zone District.
B Uses Allowed by Right. No BUILDING. STRUCTURE or land shall be USED. and no BUILDING or
STRUCTURE shall be hereafter erected, structurally altered. enlarged or maintained in the R-5 Zone
District. except for one (1) or more of the following USES Land in the R-5 Zone District must be USED
in compliance with the bulk requirements contained in Section 23-3-160 below USES within the R-5
Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter
8. PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
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
Sec. 23-3-210. - C-1 (Neighborhood Commercial) Zone District.
B 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 C-1 Zone
District except for one (1) or more of the following USES. which must be conducted in ENCLOSED
BUILDINGS and in compliance with the performance standards contained in Section 23-3-250. below
No outside storage will be allowed in the C-1 Zone District USES within the C-1 Zone District shall
also be subject to additional requirements contained in Articles IV and V of this Chapter
16 PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
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
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
4-3---124-RELINE NATURAL GAS
14- PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 23-3-220. - C-2 (General Commercial) Zone District.
i
17151231.1
B 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 C-2 Zone
District except for one (1) or more of the following USES which must be ENCLOSED and conducted
in compliance with the performance standards contained in Section 23-3-250. below No outside
storage will be allowed in the C-2 Zone District USES within the C-2 Zone District shall also be subject
to additional requirements contained in Articles IV and V of this Chapter
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
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 PIPELINE NATURAL GAS
PIPELINE PETROLEUM PRODUCTS 4TH -ER THAN NATURAL GAS
Sec. 23-3-230. - C-3 (Business Commercial) Zone District.
B. Uses Allowed by Right No BUILDINGS. STRUCTURES or land shall be USED and no BUILDING or
STRUCTURE shall hereafter be erected. structurally altered. enlarged or maintained in the C-3 Zone
District except for one (1) or more of the following USES which must be conducted in compliance with
performance standards contained in Section 23-3-250 below USES within the C-3 Zone District shall
also be subject to additional requirements contained in Articles IV and V of this Chapter
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.
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
12-- - PIPELINE NATURAL GAS
13 PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
Sec. 23-3-240. - C-4 (Highway Commercial) Zone District.
B Uses Allowed by Right. No BUILDINGS STRUCTURES or land shall be USED and no BUILDING or
STRUCTURE shall hereafter be erectedstructurally altered. enlarged or maintained in the C-4 Zone
District except for one (1) or more of the following USES which must be conducted in conformance
with performance standards contained in Subsection F below USES within the C-4 Zone District
shall also be subject to additional requirements contained in Articles IV and V of this Chapter
12 PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
i
17151231.1
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
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
7— PIPELINE - NATURAL GAS
8 PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 23-3-310. -1-1 (Industrial) Zone District.
B Uses Allowed by Right No BUILDING. STRUCTURE or land shall be used in the I-1 Zone District.
and no BUILDING or STRUCTURE shall hereafter be erected, structurally alteredenlarged or
maintained except for one (1) or more of the following USES The USES must be conducted in
compliance with the performance standards contained in Sections 23-3-340. 23-3-350 and 23-3-360
of this Division
16 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
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.
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
2 PIPELINE NATURAL GAS.
1-3- PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Sec. 23-3-320. - 1-2 (Industrial) Zone District.
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
21 PIPELINE - NATURAL GAS.
22 PIPELINE - PETROLEUM PROD-UCTS OTHER THAN NATURAL GAS
Sec. 23-3-330. - 1-3 (Industrial) Zone District.
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
23 PIPELINE NATURAL GAS.
24 PIPELI-NE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
Sec. 23-3-410. - Uses allowed by right.
i
17151231.1
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
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
Sec. 23-3-430. - Uses by special review.
The following BUILDINGS. STRUCTURES and USES may be constructed, occupiedoperated 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
N- PIPELINE NATURAL GAS
O PIP€I-NE PETROLEUM -PRODUCTS OTHER THAN NATURAL GAS
Sec. 26-1-50. - PUD Districts in RUAs.
B Exemptions from the PUD District Provisions
2 The following land use applications are exempt from utilizing the PUD process in the A
(Agricultural) Zone District within the RUAs
o WOG LA
p LAP
1715123.1.1
TESTIMONY
OF
DENNIS HOSHIKO
BEFORE THE
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
AUGUST 6, 2018
My name is Dennis Hoshiko and I reside at 1811 38th Avenue, Greeley, Colorado. I have appreciated the
opportunity to participate in these rule -making procedures over the past 2 years. I am also appreciative of all of
the work Mr. Parko and Ms. Martin of the Department of Planning Services as well as the other members of the
Pipeline Committee have contributed to this process. Nevertheless, the proposed regulations are inadequate in a
couple of very critical areas that I want to bring to your attention.
I am a 60 -year native and resident Weld County and have spent my entire career dealing with a myriad of
oil and gas operations and operators and related pipelines as an owner, manager and operator of several thousand
acres of agricultural land located in the heart of the Wattenberg Field, which is the most active area of oil and gas
development in the state of Colorado. During that time, I have negotiated and entered into a number of easements
for natural gas pipelines that are less than 12 inches in diameter. However, the proposed rules are deficient
because they exclude natural gas pipelines that are less than 12 inches in diameter. I have testified numerous
times that both the diameter of a pipeline and the substance it conveys is generally irrelevant to landowners
because pipeline easements can often be up to 60 feet wide, which is the width of a 2 -lane county road. Pipeline
easements perpetually encumber and severely limit the use of the lands they pass through and occupy virtually
forever. Therefore, on behalf of the thousands of my fellow Weld County landowners, I again request that the
minimum size limit for natural gas pipelines be eliminated from these regulations, just like they have been for
liquid pipelines, so the rules will consistently and uniformly apply to all pipelines that are not already allowed by
existing oil and gas leases and other private contracts.
The proposed regulations are also defective because they let pipeline Applicants simply state how they
intend to mitigate any conflicts with irrigation ditch companies within the pipeline right-of-way. This condition
is faulty, first, because all irrigation ditches are not formally organized as companies. Instead, scores are jointly -
owned and operated by multiple individuals. Second, the revised rules fail to recognize that irrigation ditch
easement owners possess lawful rights in the real property their easements transverse, just like all roadway,
railroad and utility easement owners do. I have served as the authorized agent for dozens of irrigation ditch
easement owners in numerous locations throughout central Weld County for several decades. Until recently, it
has always been the standard, industry custom and practice in Weld County for pipeline owners to obtain crossing
easements before pipelines were built across irrigation ditch easements. Unfortunately, some pipeline owners
like DCP Midstream, Saddle Butte Pipeline, Blue Gramma Corporation, and Tallgrass Energy Partners are
currently not doing so, much to the chagrin, and at the peril of many ditch easement owners. Most irrigation
ditches are routinely mechanically excavated to remove constantly accumulating sediment that impedes the water
flowing through them. Consequently, it is absolutely necessary that irrigation ditch easement owners know the
exact location and depth of all of the pipelines that cross under their ditches so excavator operators can avoid
inadvertently encountering and rupturing them as has happened in the past, sometimes with tragic results.
Therefore, if these regulations are supposed effectively and fairly apply to everyone, pipeline owners must obtain
crossing easements from irrigation ditch easement owners just like they do from all other affected real property
right owners before they build their pipelines. Accordingly, I recommend the following, simple revisions to the
proposed rules (rested additions suggested delitions):
First, I refer you to the last paragraph of Article 1. Section 23-1-90 — Definitions. Here, I suggest a period
be added following the word "gas", and the remainder of the sentence be deleted:
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. , end is designed to operate at a hoop stress of twenty percent (20%) or more -at their specrfFe
minimum yield -strength (SMYS)T as shown on construction p,ipns or diagrams.
Second, I refer you to Section 23-2-1130 — Application requirements for a LAP, paragraph E. 10. Here, I
suggest following the word "companies", the words "and/or affected irrigation ditch easement owners at the point
of crossing" be added:
10. A statement how the Applicant will mitigate any conflicts with irrigation ditch companies and/or affected
irrigation ditch easement owners at the point of crossing 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.
Finally, I refer you to paragraph C. of the same section 23-2-1130. Here, I suggest following the word
"properties", the words "and irrigation ditch companies and/or affected irrigation ditch easement owners at the
point of crossing," be added:
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 and
irrigation ditch companies and/or affected irrigation ditch easement owners at the point of crossing, crossed by the
PIPELINE — NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
That concludes my remarks. Thank you for your consideration.
EXHIBIT
Cheryl Hoffman
From:
Sent:
To:
Subject:
Karla Ford
Tuesday, August 28, 2018 3:26 PM
CTB
FW: COGA Request to Postpone - LAP Second Reading 8/29/18
FYI... this is in regards to tomorrow. It was sent to BOCC and Planning.
Karla Ford
Office Manager. Board of Weld County Commissioners
1150 0 Street. P.O. Box 758. Greeley. Colorado 80632
:: 970.336-7204 :: kford@weldgov.com:: www.weldgov.com
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication► in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Ryan Seastrom <Ryan.Seastrom@coga.org>
Sent: Tuesday, August 28, 2018 3:15 PM
To: Steve Moreno <smoreno@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Mike Freeman
<mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Sean Conway <sconway@weldgov.com>
Cc: Tom Parko Jr. <tparko@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Karla Ford
<kford@weldgov.com>; Christy Woodward <christy.woodward@coga.org>; Andrew Casper
<Andrew.Casper@COGA.org>
Subject: COGA Request to Postpone - LAP Second Reading 8/29/18
Good afternoon Commissioners,
Regarding the second reading of the proposed LAP process scheduled for tomorrow morning, COGA and our members
respectfully ask that this reading be postposed to a later date. After receiving the draft at 2:20 p.m. today, COGA and our
members will be unable to provide thorough comment before tomorrow's hearing. That compressed timeframe also
does not give you or your staff adequate time to review any limited comments that we would be able to submit.
Thank you for your consideration and please let me know if a postponement would be possible.
Sincerely,
Ryan Seastrom
Community Outreach Coordinator
Colorado Oil & Gas Association
p 303-861-0362 c: 720-788-9746
1
COLORADO
OIL&GAS
ASSOCIATION
COGA Confidentiality Notice - This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain
information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended
recipient, you are hereby notified that you must not read or play this transmission and that any disclosure, copying, printing, distribution or use of any
of the information contained in or attached to this transmission is Strictly Prohibited. If you have received this transmission in error, please contact
the sender and delete the communication and its attachments immediately. Thank you.
2
TESTIMONY
OF
DENNIS HOSHIKO
BEFORE THE
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
AUGUST 29, 2018
Good morning. My name is Dennis Hoshiko and I reside at 1811 38th Avenue, Greeley.
First, I want to commend all of you for revising the proposed rules to recognize the fact that
irrigation ditch easement owners possess lawful rights in the lands their easements transverse just like
all roadway, railroad, and utility right-of-way owners do. There are many, obvious safety and
operational reasons why pipeline companies need to notify, and obtain easements from all right-of-
way owners before building their pipelines, including irrigation ditch easement owners.
However, several pipeline companies like DCP Midstream, Saddle Butte Rockies Midstream,
Blue Gramma Corporation, and Tallgrass Energy Partners have all blatantly disregarded the rights
and well-being of many irrigation ditch easement owners around Weld County. These companies
have either already built, or plan to build their pipelines underneath irrigation ditch easements without
even informing the ditch owners of the location or depth of those pipelines. These flagrant property
right violations are not only endangering the safety of those who routinely excavate those ditches, but
also jeopardizing the ability of the ditches to transport vital irrigation water to the farms and crops
that desperately need it for their survival.
Second, as I have previously testified, in order for these ordinances to be complete, they must
apply to all pipelines that are not already permitted by existing oil and gas leases, and other private
agreements and contracts. Regardless of the diameter of pipelines or the substances they convey,
pipeline easements across private lands can often be up to 60 feet wide, which is the same width as a
county road. Consequently, pipeline easements perpetually burden and severely limit the use and
future development of the lands they pass through, virtually forever.
Accordingly, there is absolutely no legitimate or rational reason why natural gas pipelines less
than 12 inches in diameter should be exempt from these regulations. Why should a multi -billion
dollar, publically-traded, mega -conglomerate, interstate corporation like DCP Midstream, who owns
1
A
most of the natural gas pipelines in Weld County, or any other natural gas pipeline company for that
matter, be allowed to build their smaller pipelines here without having to follow to the same rules that
apply to all other pipelines9 After all, irrespective of their size, natural gas pipelines pose the most
dangerous threat to the health, safety and welfare of the general public because they are the most
susceptible to leakage, rupture and explosion For those reasons, natural gas pipelines have been
responsible for nearly all of the pipeline -related injuries and deaths, both locally, and across America
I hope I have clearly expressed what needs to be done to make the proposed standards fair,
uniform and effective for all private property right owners, as well as all pipeline owners Time is of
the essence for you to pass these codes and put them into effect Because of their absence, the property
rights of countless private land and easement owners throughout the county have been violated by
unregulated, and in some cases, irresponsible pipeline companies for many years
In addition, pipelines placed too close to, or not deep enough under public roads are costing
county taxpayers dearly Recently, the Public Works Department had to spend over a quarter of a
million of our hard-earned tax dollars to remediate problems caused by improperly installed pipelines
that impeded construction of the Weld County Parkway Undoubtedly, more public money will have
to be spent to fix similar pipeline problems in other locations in the future
Far worse though, several unfortunate members of our community have already been burned,
and tragically, some have even killed when they unexpectedly stumbled upon natural gas pipelines
whose locations and depths were unknown and unmarked Consequently, these proposed county
pipeline regulations need to be made retroactive so they will at least require pipeline companies to
both clearly mark, and publicly record the locations where their existing pipelines have been wrongly
installed under irrigation ditch easements before more accidents occur
In conclusion, the citizens of Weld County have been patiently waiting for you to develop
reasonable and meamngful pipeline ordinances for more than 2 years During that time, several
hundred miles of pipelines have already been built, cnsscrossmg and permanently encumbering
thousands of acres of privately -owned lands, and passing under scores of historic irrigation ditch and
established public road easements Now, because the construction of many more hundreds of miles
of additional pipelines and their related facilities is either pending or currently underway, it is
critically imperative that you finalize these codes as soon as possible and get them enacted without
any further delays
That concludes my remarks today Once again, thank you for your time and consideration
2
WELD COUNTY
CODE ORDINANCE 2018-05
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS (PIPELINES), OF THE
WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld. State of
Colorado. pursuant to Colorado statute and the Weld County Home Rule Charter. is vested with
the authority of administering the affairs of Weld County. Colorado, and
WHEREAS, the Board of County Commissioners. on December 28 2000. adopted Weld
County Code Ordinance 2000-1. enacting a comprehensive Code for the County of Weld.
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption. and
WHEREAS, the Weld County Code is in need of revisio,1 and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld. State of Colorado that certain existing Chapters of the Weld County Code be.
and hereby are. repealed and re-enacted. with amendments. and the various Chapters are
revised to read as follows.
CHAPTER 23
ZONING
Amend Sec. 23-1-90. Definitions.
For the purposes of this Chapter. certain terms or words used herein shall be interpreted as
defined in this Section The following specific words and phrases. when appearing in this Chapter
in uppercase letters. shall have the meanings stated in this Section:
FLOWLINES: means a segment of pipe transferring oil, gas. or condensate between a
wellhead and processing equipment to the load point or point of delivery to a U S. Department of
Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public
Utilities Commission regulated gathering line or a segment of pipe transferring produced water
between a wellhead and the point of disposal. discharge. or loading. This definition of flowline
does not include a gathering line. The different types of flowlines are:
Wellhead Line: means a FLOWLINE that transfers well production fluids from an oil or gas
well to process equipment (e.g.. separator. production separator. tank. heater treater). not
including preconditioning equipment such as sand traps and line heaters. which do not
materially reduce line pressure.
PAGE 1
2018-2761
ORD2018-05
Production Piping: means a segment of pipe that transfers well production fluids from a
wellhead line or production equipment to a gathering line or storage vessel and includes the
following:
Production Line: means a flowline connecting a separator to a meter. LACT. or gathering
line:
Dump Line: means a flowline that transfers produced water, crude oil. or condensate to a
storage tank. pit. or process vessel and operates at or near atmospheric pressure at the
flowline's outlet:
Manifold Piping: means a flowline that transfers fluids into a piece of production facility
equipment from lines that have been joined together to comingle fluids: and
Process Piping: means all other piping that is integral to oil and gas exploration and
production related to an individual piece or a set of production facility equipment pieces.
Off -Location Flowline: means a flowline transferring produced fluids (crude oil, natural gas,
condensate. or produced water) from an oil and gas location to a production facility, injection
facility. pit. or discharge point that is not on the same oil and gas location. This definition also
includes flowlines connecting to gas compressors or gas plants.
Peripheral Piping: means a flowline that transfers fluids such as fuel gas. lift gas. instrument
gas. or power fluids between oil and gas facilities for lease use
Produced Water Flowline: means a flowline on the oil and gas location used to transfer
produced water for treatment. storage. discharge. injection or reuse for oil and gas operations.
A segment of pipe transferring only freshwater is not a flowline.
PIPELINE- NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting
natural gas which is twelve (12) inches in diameter or larger. as measured from the outside of the
pipeline. regardless of hoop stress
ARTICLE II — Permits and Procedures
Amend Sec. 23-2-440. Applicability.
A. — No change.
B. The Board of County Commissioners may approve the establishment of a Use by Special
Review for PIPELINE - DOMESTIC WATER by granting a Use by Special Review Permit. All
requests for Use by Special Review Permit shall be reviewed by the Planning Commission.
The Planning Commission's recommendation shall be forwarded toand 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
PAGE 2
2018-2761
ORD2018-05
Commented [RS11: While industry recognizes certain
very tangible benefits of moving to an administrative
application and approval procedure for pipelines, we wish to
underscore and clarify that ( I ) pipelines that are functionally
gathering pipelines are encompassed within both the old and
the proposed new definitions of PIPELINE - NA FL RAL
GAS. and (2) removal of the 20°%a SMYS threshold from the
definition significantly expands the scope of the ordinance:
we expect the volume of pipeline LAPs will increase 4- or
even 5 -fold, compared to the current volume of L]SR
applications.
As such. operators continue to have concerns that removing
the hoop stress threshold will result in Weld County
receiving far more pipeline applications than it is
accustomed to receiving. Operators appreciate the County's
stated intent to keep up with an increase in pipeline
applications and target a 60 -day turnaround. Operators
submit that the increase in pipeline applications may be more
dramatic than the County fulls appreciates and that the 60
day turnaround will consequently be impossible.
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, oy 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 through f — No change
g Any irrigation ditch company with facilities within the Right -of -Way or crossed by the
PIPELINE — DOMESTIC WATER under consideration
h through 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 through 4 — No change
PAGE 3
2018-2761
ORD2018-05
5. Notice of application for a PIPELINE - DOMESTIC WATER shall be given to surface
property owners within one hundred fifty (150) feet on each side of the centerline of the
proposed preferred alignment. and to fee interest holders (excluding mineral interests) in
any real property proposed to be physically disturbed or crossed by the activity or
development which is the subject of the application_ Such notification shall be mailed, first-
class. no less than ten (10) days before the scheduled public hearing. Such notice is not
required by state statute and is provided as a courtesy to surrounding property owners
(the surface estate). Inadvertent errors by the applicant in supplying such list, or the
Department of Planning Services in sending such notice. shall not create a jurisdictional
defect in the hearing process even if such error results in the failure of a surrounding
property owner to receive such notification.
Remainder of Section — No change
Amend Sec. 23-2-480. Duties of planning commission.
A. The Planning Commission shall hold a hearing to consider the application for the Use by
Special Review Permit. The Planning Commission shall provide recommendations to the
Board of County Commissioners concerning the disposition of the requested Use by Special
Review Permit. The Planning Commission shall approve the request for the Use by Special
Review Permit only if it finds that the applicant has met the standards or conditions of Section
23-2-480 of this Division and Chapter 22 of the Weld County Code. The applicant has the
burden of proof to show that the standards and conditions of Section 23-2-480 of this Division
and Chapter 22 of the Weld County Code are met. The applicant shall demonstrate
1 -- No change.
2. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing
and future development of the surrounding area. as set forth in applicable MASTER
PLANS.
3 The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts
on the surrounding area to the greatest extent feasible.
4 - No change
5. The applicant has agreed to implement any reasonable measures deemed necessary by
the Board of County Commissioners to ensure that the health. safety and welfare of the
inhabitants of the COUNTY will be protected. and to mitigate or minimize any potential
adverse impacts from the proposed PIPELINE - DOMESTIC WATER.
6. — No change.
7. The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably affect
any endangered wildlife species. unique natural resource. known historic landmark or
archaeological site within the affected area.
8. No adverse impact from stormwater runoff; to the public rights -of -way and/or surrounding
PAGE 4
2018-2761
ORD2018-05
Commented [RS2]: Assuming good faith negotiations
have occurred between the landowner and the pineline owner
(either they are ongoing or have concluded and a ROW is in
place), it should be the choice it the landowner to decide
whether it is acceptable for him to be compensated for any
loss in crops and where the landowner is ok with cropland
disturbance. the County should respect the landowner's
choice.
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 unaue adverse effect on existing and
future development of the surrounding area as set forth in applicable MASTER PLANS
C The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts on
the surrounding area to the greatest extent feasible
D — No change
E The applicant has agreed to implement any reasonable measures deemed necessary by the
Board of County Commissioners to ensure that the health, safety and welfare of the
inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential
adverse impacts from the proposed PIPELINE - DOMESTIC WATER
F — No change
G The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species, unique natural resource, known historic landmark or
archaeological site within the affected area
H No adverse impact; from stormwater runoff; to the public rights -of -way and/or surrounding
properties as a result of the PIPELINE - DOMESTIC WATER
Amend Sec 23-2-500 Application for use by special review permit
Any person seeking to locate and construct a PIPELINE - DOMESTIC WATER in the County
shall apply for a Use by Special Review Permit on the forms provided by the Department of
Planning Services The application forms shall be accompanied by the supporting documents
required by these regulat.ons
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
PAGE 5
2018-2761
ORD2018-05
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. through 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. through j. — No change.
k. A traffic narrative describing construction traffic and permanent or temporary access
points.
A description of any haul routes to be used during construction. identifying the roads
and bridges involved and the weight of the loads.
m. Soils reports required for pipeline crossings or any pipeline encroachin_g_in public right-
of-way, if required by the Department of Public Works.
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
PAGE 6
2018-2761
ORD2018-05
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
shah 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, canals, and laterals
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 -
87 Identify geologic hazard and/or floodplain locations
98 The map shall include any significant man-made features within one-half (0 5) mile on
each side of the route
E Include detailed drawing of pipeline at intersection of any county road, section line, or bridge
Drawings at intersections must be in plan and profile, and shall be at a scale of 1 100 or as
determined by the Department of Public Works PIPELINE — DOMESTIC WATER must meet
the minimum requirements for cover, as determined by the Department of Public Works
F Legend
G Development standards
H The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE -
DOMESTIC WATER owner's signature, Planning Commission, and tie 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
PAGE 7
2018-2761
ORD2018-05
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 'n this Section. The following supporting documents shall be submitted as a part of the
application:
A. through G. — No change.
H. A statement and drawing describing the s;ze and apprcximate location of all FLOWLINES and
oil and gas lines, and water pipelines integral to production, and connecting to the OIL AND
GAS FACILITY.
Remainder of Section — No change
Add Division 11 - Location Assessment for PIPELINE — NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS (LAP).
Sec. 23-2-1110. Intent and applicability.
A. A Location Assessment for PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS (LAP) requires additional consideration to
ensure the pipeline is developed in a manner that complies with various standards set forth in
Division 11 of this Chapter. The LAP is designed to protect and promote the health. safety,
and welfare of the present and future residents of the COUNTY
B. A LAP is required for the location or construction of a PIPELINE — NATURAL GAS or
PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in all zone districts_
Any expansion, relocation or enlargement of a PIPELINE — NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be treated as a new USE
and shall require a new application under the provisions of this Division.
C. No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
PAGE 8
2018-2761
ORD2018-05
Commented [RS3J: ft i• not cIkar it the County is looking
for both nn -location and off -location bowlines. COGA
i equests that the County rely on the COGCC's Form 44 data
for obtaining this information.
Suggested language could include " . describing the size
and approximate location of all FLOWLINES and
approximate size and approximate location of oil and gas
lines.
Due to unforeseen circumstances, on -location towlines may
be moved and one should not rely on the information pros ide
in the WOGLA for knowing where these lines lie.
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 CAS 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.
Any Gerson filing an application for a LAP shall comply with the procedures and regulations
as set for!ih ;n this Division.
G Nothing in this Division shall be construed as exempting an applicant from a County
R ght-of-Way Use reimit, County Grading Permit, County MS4 Permit or ary state or federal
laws or regulations.
H. Applications for a LAP shall be completed as set forth in Section 23-2-1130, below. The
c omplet.-',i applicattun and application fees shall be submitted to rile Department of Fanning
Services.
I. The County may require an applicant to submit an Improvements Agreement for Poad
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 aid must be approved by the Boaid of County Commissioners
prior to operatie-nconstruction.
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 VVeld County Code.
K. Except for any The PIPELINE - NATURAL GAS armor any PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS tor which the operator has a ROW /-‘Lircement
or Easement executed prior to October 1 2018, the PIPELINE — NATURAL GAS or 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
MapLat the time an applicant submits a LAP application, except at approved right-of-way
crossings.ROW- Easements -executed prior to October 1, 2018 will be exempt
from this requirement; however, operator is required to move a Natural Gas or Petroleum
Products Other than Natural Gas Pipeline as required in this section, at the time an applicant
submits a LAP application, except at approved right of way crossings. A PIPELINE -
PAGE 9
2018-2761
ORD2018-05
Commented [RS4]: Does there need to be language to
clarify that a building permit is only required for other.
above ground structures (meters, comm. towers. etc.)?
Commented [BHFSS]: !t is imperative that operators be
able to submit a LAP for pipelines for which they have
already secured a ROW Agreement or Easement. As the
County is aware, operators work for very long periods of
time. sometimes years, to secure ROW from landowners,
otien at significant costs. The way the language currently
reads, operators would not be able to submit a LAP where its
existing ROW is in the County's existing or future ROW.
Note that COGA's proposed redline change does not
disadvantage the County in any way because an operator
would still have to move the line, at the operator's expense,
upon receipt of notice by the County of the County's intent
to improve or construct a roadway within the ROW.
Put differently, the proposed changes ensure that operators
do not have to prematurely make costly. duplicative efforts
in response to County action (improvements or constricting
a roadway) which is uncertain.
NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
permitted after the effective date of this Division 11. which is erroneously located within an
existing and/or future right-of-way. shall be moved at the expense of the operator and/or
permittee upon receipt of notice by Weld County of its intent to improve or construct a roadway
within the right-of-way
Sec. 23-2-1120. Prohibition of construction without permit.
After the effective date of Division 11. no person may locate or construct a PIPELINE -
NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS in
the County without first obtaining a LAP Permit pursuant to these regulations. and no Building
Permit or Right -of -Way Use permit for a PIPELINE - NATURAL GAS and PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be approved without the
applicant first obtaining approval of a LAP Permit pursuant to these regulations.
Sec. 23-2-1130. Application requirements for a LAP.
A LAP applicant may arrange for a preapplication conference with the Department of Planning
Services. The Department of Planning Services shall be responsible for processing all
applications for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS in the unincorporated area of the County The Department shall
also have the responsibility of ensuring that all application submittal requirements are met prior
to initiating any official action as listed below. Any changes to the application may require a new
LAP as identified in Section 23-2-1110 of this chapter The following supporting documents shall
be submitted as a part of a LAP application:
A. An application for a LAP on a form supplied by the Department of Planning Services The
application shall include the following:
1. The name. address. email and telephone number of the applicant.
2. A summary statement of the project. to include. when applicable
a. A description of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS, including the product(s) or substance(s)
being transported and its/their source. and- the capacity size. terminus or end of
route, destination and type of PIPELINE - NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. including any support
STRUCTURES involved.
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.
PAGE 10
2018-2761
ORD2018-05
Commented [MK6]: Erroneous seems to be admitting a
mistake on the part of the operator when the line may have
been permitted and installed in accordance with a properly
executed ROW agreement.
Commented [RS7]: Current understanding of the process
Is that a LAP permit is issued upon the recording of the LAP
map. However. during BoCC work sessions. it is industry's
understanding that construction could begin upon conditional
approval.
Please clarify what has been discussed in previous BoCC
‘s ork sessions.
to include the number of stages and timing of each. The County acknowledges that
this outline is sub.ect 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 public 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 reported failure or
accident involving the proposed PIPELINE NATURAL GAS or PIPELINE
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, including-ha-zmat
response anc environmenta remeciation. Suci out ine sia induce actions, if any,
required of PUBL C of=icia s. Inc uding emergency manager, fire anc po ice officia s,
and the names-anc to ep•none numbers o: appropriate company officia s to notify if an
accident or failure should occur.
hg. A decommissioning plan. The decommissioning plan shall address how the pipeline
will be properly cleaned capped and maintained or it the pipeline will be abandoned
in place or the ;i;pelinc will be removed from the ground.
�h. A description of any haul routes during construction. identifying the roads and bridges
involved and the v4eight of the loads.
Any other information determined to be necessary by the Department of Planning
Services or its authorized representative to ensure the protection oT 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
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 and OVERLAY ZONING -DISTRICTS, andwhich include floodplains,
appropriate
56. Signature of the applicant.
B. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is
not required`; but may be -is -suggested recommended by the
staff to -encourage communication between a land use applicant and the neighbors:
BC.Evidence in the application that the applicant has eithef-stained the eEasements 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, and -irrigation ditch companies and/or
PAGE 11
2018-2761
OR D2018-05
Commented [JF8]: Redundant with J twin
Commented [JF9]: Moved toe above.
affected irrigation ditch easement owners at the point] crossed by the PIPELINE — NATURAL
GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
D. A statement which explains that the application complies with Article V and Article XI of this
Chapter, if the proposal is located within any OVERLAY ZONING DISTRICTS or a SPECIAL
FLOOD -AZARD AREA icentifiec by maps officia y acoptec by tie COUNTY.
EC. 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.
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 ally potential adverse impacts from
the proposed PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS.
6 All reasonable alternatives to the proposal have been adequately assessed, and the
proposed action is consistent with the best interests of the people of the COUNTY and
represents a balanced use of resources in the affected area
7. The nature and location or expansion of the PIPELINE - NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS will not unreasonably interfere
with any significant wildlife habitat and will not unreasonably affect any endangered wildlife
species. unique natural resource. known historic landmark or archaeological site within
the affected area
8. No adverse impact. from stormwater runoff. to the public rights -of -way and/or surrounding
properties will result because of the PIPELINE - NATURAL GAS or PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
9. A statement thatwhich provides evidence of compliance with :he requirements forobtaini-ng
a stormwater construction permit from CDPHE for disturbing more than one acre of land
and compliancees with Article IX and Article XII of Chapter 8.
10. A statement how the applicant will mitigate any conflicts with irrigation ditch companies
and/or affected irrigation ditch easement owners with facilities within the easement or
right-of-way of the PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
PAGE 12
2018-2761
ORD2018-05
Commented [RS10]: C'OGA suggests language:
" affected irrigation ditch easement owners ojrecord
Commented [DA11]: Similar to 23-2-
30.A.4. (above)
Commented [JF12R11]: Deleted since "floodplains"
Ladded to 5 above.
Commented [RS13]: COGA suggests language:
" . affected irrigation ditch easement owners ojrecord.. "
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.
1=D.If required, an access permit issued by the COUNTY's Department of Public Works.
GE.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 O1 HER 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.
hiF 'Nhere 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.
IC. If applicable. an Improvements aro Road Maintenance Agreement executed by the applicant
This Improvements and Road N/lainten?rce Agreement shall be in accordance with, the
COUNTY policy and documents for collateral for improvements. If applicable. tr;ggers for
construction of future pipeline within the easement.
JH. The applicant shall consult with the Weld ';hung, Office of Emergency Management to gut
together an Emergency Action Plan, if needed.
KI. Such additional information as may be required by the County
Section 23-2-1140. Mapping requirements for PIPELINE - NATURAL GAS and PIPELINE -
PEi-ROLEUM PRODUCTS OTHER THAN NATURAL GAS.
in thickness. The size of each shat be a twenty-four (2 4) inc ies in height by thirty- six (36) inches
in width. The mixing of sheet siz
on -type material, _
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 nonfadinq permanent black ink on a dimensionally stable
polyester sheet, such as, Mylar or other product of equal quality, three (3) millimeters or
PAGE 13
2018-2761
ORD2018-05
Commented [DA14]: Same as 23-2-1 f 1i.A. 2.g?
Commented [JF1SR74]: ,u deleted.
CFormatted: Font: Not Bold
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. 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.
CB 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 tenwo-foot contour intervals.
7 -Soils reports required for pipeline crossings or any pipeline encroaching in public -
right of way.
87. Any known geologic hazard and/or floodpiain locations of record within the PIPELINE
easement.
1089.The map shall include aAny significant man-made features within one-half (0.5) mile on
each side of the approved route.
.DRODUC—S O_ -ER THAN NA URA_ GAS a: 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
arteria roac sia be borec witi a minimum o: twenty (20) 'eet be ow arteria roacs, fifteen
(' 5) feet be ow co ector roacs, anc fifteen (' 5) feet be ow pavec oca roacs, and ten (' 0) --feet
below gravel local roads, for the full width of the future right of way. This depth shall be
measurec be ow -le •owes : roacs.de c -di - ow ine e eva:*on
1=E.Legend. titlescale and north arrow.
PAGE 14
2018-2761
ORD2018-05
Formatted: Tab stops: 0.5", Left
( Commented [JF16]: insert comma. J
Formatted: Indent: Left: 0.25", First line: 0
1
Commented [R517]: \Ithough requirements will be
moved to Chapter 12 by a separate ordinance. COGA and
members will continue to provide comment on stated boring
depth requirements.
Commented [JF18]: Being relocated to Chapter 12 by
separate ordinance.
1/4
GF.Notes provided by the Department of Planning Services in the Administrative Approval or the
Resolution from the Board of County Commissioners.
HG.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.
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 -P anning Services s tall be responsib e for processing a
app 'cations for a P PEL NE NATURAL GAS anc PIPET` NE PETROLEUM PRODUCTS
OT -ER T AN NATURAL GAS in tie unincorporatec area of he County. The Department of
Planning Services will review the LAP application to determine if it is complete which shill occur
within seven (7) bus!ness days of the thing 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 sohcited 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 ommissIoners
1 The governing body of any town and county whose boundaries are within three (3) miles
of the PIPELINE — NATURAL GAS or PIPELHE — PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS
2. The Weld County Department of Public Health and Environment.
3 The Weld County Department of Public Works
PAGE 15
2018-2761
ORD2018-05
Commented [RS19]: Please provide clarity as to what
notes are expected to be provided in the initial map fling %.
the final product map filing. An applicant cannot submit an
initial map that includes the Planning Dept.'s notes
Commented [R520]: \\ ho would be considered the owner
of said pipelines? Would a local site manager/office manager
count or is the County seeking the actual pipeline owner or
operator?
Commented [RS21]: Does the County need operators to
l
provide reception numbers' Is this "L•cessary information'?
[Commented [JF22]: Redundant with 1130 above.
1
4. The Weld County Office of Emergency Management.
5. Colorado Parks and Wildlife.
6. The Colorado Oil and Gas Conservation Commission.
7. The appropriate fire district.
8. The Colorado Department of Transportation.
9. Any irrigation ditch company with facilities on. or adjacent to. the PIPELINE — NATURAL
GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
10. History Colorado.
11. Any other agencies or individuals to whom the Department of Planning Services deems a
referral necessary
B. Notice of application for a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be given by the Department of Planning
Services to surface property owners within one hundred fifty (150) feet on each side of the
centerline of the proposed preferred alignment.. and to fee interest holders in any real property
(excluding mineral interests) proposed to be physically disturbed or crossed by the activity or
development which is the subject of the application. Such notification shall be mailed. first-
class. no less than ten (10) days after receiving a complete application. Such notice is not
required by state statute and is provided as a courtesy to surrounding property owners (the
surface estate). Inadvertent errors by the applicant in supplying such list, or the Department
of Planning Services in sending such notice. shall not create a jurisdictional defect in the
review/hearing process even if such error results in the failure of a surrounding property owner
to receive such notification.
C. Prepare staff comments addressing all aspects of the application. its conformance with the
Weld County Code in effect at the time of filing of the application. comments received from
agencies to which the proposal was referred. and standards contained in Article II, Division
11 above
D. The Planning Director shall make a determination of the application within 60 days of a
complete application and may approve the LAP. if he or she determines that the application
provides sufficient evidence showing that the standards set forth in this Division will be met. If
the Planning Director determines that the application does not provide sufficient evidence
showing that such standards set forth in this Division. will be met. he or she will provide the
applicant written notice identifying which standard(s) lack sufficient evidence in the
application. If the applicant fails to remedy each identified deficiency within fourteen (14) days
of receipt of such written notice by supplementing the Application with additional evidence that
is sufficient, in combination with the evidence previously submitted. to meet such standard(s),
as determined by the Planning Director. the Planning Director shall forward the application to
the Board of County Commissioners for its review and consideration in a formal hearing before
the Board.
PAGE 16
2018-2761
ORD2018-05
Commented [R523]: 11w I AP process should be faster
than the l.`SR process.
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.
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 NA-
HG.At the time of application, Tthe applicant shall submit one (1) electronic copy of the map for
preliminary approval to the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-1140 of this Article. Upon obtaining and
recording all easements for the PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS, a final electronic of the map will 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 o:
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 `AP map has not been recorded within one hundred
twenty (120) days from the date of the Administrative Approval or the Board of County
Commissioners Resciuti.3n or within a date specified by the Board of County Commissioners.
the 3card 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 iecording the map. If the Board determines that conditions supporting the
n-nginal 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 PIPEL INE -- NATURAL GAS or PIPELINE -
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall demonstrate conformance with.
and shall continue to meet, the LAP standards approved and adopted by the COUNTY.
Noncompliance with the approved LAP standards may be reason for rescission of the LAP by the
Board of County Commissioners.
Section 23-2-1170. Changes and termination of USE.
A. Substantial changes from the approved LAP shall require the approval of an amended LAP
by the Weld County Planning Director The Department of Planning Services is responsible
for determining whether a substantial change exists, in which case a new LAP application and
PAGE 17
2018-2761
ORD2018-05
[ommented [JF24]: Incorporated into next paragraph. J
Commented [RS25]: What is the timeline for a
preliminary approval'
Operators wish for language to be included that will specify
a timeline for the County to review the map upon submittal.
Operators suggest a timeline of 10 business days for the
C'ountv's first revie%\ and then 5 huriness days for secondary
reyi,: w and comment by the ' 'ounty.
•
Commented [RS26]: What would qualify as a "substantial
CIR.►,1L ,..
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) or to submit a compliance plan for the Department of
Planning Services approval that outlines how the Applicant and/or operator will cure the
failure. Any such compliance plan shall provide a date certain by which to Applicant or
nnerator proposes to cure the failure to comply with 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 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 I JSED and no BUILDING or STRUCTURE shall
hereafter he 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. through 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
PAGE 18
2018-2761
ORD2018-05
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 through KK — No change
Delete LL and MM (to he replaced as follows )
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 through 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 he 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 through 11 — No change
Delete 12 and 13
Sec 23-3-130 R-3 (Medium -Density Residential) Zone District
A through B 7 — No change
PAGE 19
2018-2761
ORD2018-05
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 through 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 through B 7 — No change
8 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
a LAP Required No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-5 (Mobile
Home Residential) Zone District until a LAP has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Division 11, of this Chapter
Remainder of Section — No change
Amend Sec 23-3-210 C-1 (Neighborhood Commercial) Zone District
A through B 15 — No change
16 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
PAGE 20
2018-2761
ORD2018-05
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 through 12 — No change
Delete 13 and 14
Remainder of Section — No change
Amend Sec 23-3-220 C-2 (General Commercial) Zone District
A through 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 through 10 — No change
Delete 11 and 12
Remainder of Section — No change
Amend Sec 23-3-230 C-3 (Business Commercial) Zone District
A through B 18 — No change
19 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
PAGE 21
2018-2761
ORD2018-05
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 through 11 — No change
Delete 12 and 13
Remainder of Section — No change
Amend Sec 23-3-240 C-4 (Highway Commercial) Zone District
A through B 11 — No change
12 PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS
a LAP Required No PIPELINE — NATURAL GAS or PIPELINE — PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-4 (Highway
Commercial) Zone District until a LAP has been issued by the Department of Planning
Services or the Board of County Commissioners in accordance with the application
procedures set forth in Division 11, of this Chapter
C — No change
D Uses by Special Review The following BUILDINGS STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter
1 through 6 — No change
Delete 7 and 8
Remainder of Section — No change
Amend Sec 23-3-310 I-1 (Industrial) Zone District
A through B 15 — No change
PAGE 22
2018-2761
ORD2018-05
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 through 11 — No change
Delete 12 and 13 and renumber as follows
12 MEDIUM SCALE SOLAR FACILITY
Remainder of Section — No change
Amend Sec 23-3-320 1-2 (Industrial) Zone District
A through 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 through 20 — No change
Delete 21 and 22
Remainder of Section — No change
Amend Sec 23-3-330 1-3 (Industrial) Zone District
A through 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 through 22 — No change
PAGE 23
2018-2761
ORD2018-05
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 through 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 through M — No change
Delete N and O
CHAPTER 26
RURAL URBANIZATION AREAS ("RUAs")
Amend Sec 26-1-50 PUD Districts in RUAs
A through 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
PAGE 24
2018-2761
ORD2018-05
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
PAGE 25
2018-2761
ORD2018-05
BE IT FURTHER ORDAINED by the Board, if any section. subsection. paragraph,
sentence. clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional. such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section. subsection. paragraph. sentence. clause. and phrase thereof irrespective
of the fact that any one or more sections. subsections. paragraphs. sentences. clauses. or
phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2018-05 was. on motion duly made and
seconded. adopted by the following vote on the 17th 8th day of SeptembefOctober. 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
APPROVED AS TO FORM:
County Attorney
Date of signature:
Publication.
First Reading:
P ublication:
Second Reading:
P ublication:
Final Reading:
P ublication:
Effective:
June 27. 2018
Sean P. Conway
Julie A. Cozad
Mike Freeman
August 6. 2018
August 15, 2018. in the Greeley Tribune
August 29. 2018
September 5. 2018. in the Greeley Tribune
September 17. 2018
September 26. 2018. in the Greeley Tribune
October 1. 2018
PAGE 26
2018-2761
ORD2018-05
Commented [R527]: \Itihough a comment of -update.
was included, does the Counts have a current time schedule
of final reading (if October 8) and an effective date?
Commented [JF28]: Update
Commented [R529]: Please confirm that lines that are
under construction at the time the regulations become
effective will not be subject the L'SR process. It would be
burdensome (and disliked by surface owners) to require
operators to stop construction once commenced. Similarl?.
there may be other pipelines on the verge of being
constructed when the regulations become effective for which
requiring that operator to go through a USR process or a
LAP process so close to construction would present undue
hardship.
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Sean Conway
Thursday, September 27, 2018 12:23 PM
Esther Gesick; Bruce Barker
dhoshiko@yahoo.com
Fwd: Land and ditch owner perspectives concerning proposed pipeline ordinances
Testimony of Dennis Hoshiko Before the Weld County Board of County Commissioners
(09-24-18).docx; ATT00001. htm
Esther and Bruce - can you please add this to the record for 3rd reading. Thanks, Sean
Sent from my iPhone
Begin forwarded message:
From: Dennis Hoshiko <dhoshiko@yahoo.com>
Date: September 26, 2018 at 11:43:29 PM MDT
To: Steve Moreno <smoreno@weldgov.com>, Barbara Kirkmeyer <bkirkmeyer@weldgov.com>, Sean
Conway <sconway@weldgov.com>, Julie Cozad <cozad@weldgov.com>, Mike Freeman
<mfreeman@weldgov.com>
Subject: Land and ditch owner perspectives concerning proposed pipeline ordinances
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize ti
sender and know the content is safe.
Dear Commissioners,
Please see the attached testimony that I gave this Monday before the WCBOCC during the
second reading of the proposed changes to the Weld County oil and gas pipeline regulations.
Also, please allow me to clearly reiterate that land and ditch owners don't want or expect
Weld County government to be involved in negotiations between ourselves and pipeline
companies for easements across our lands and under our ditches. The only thing we need
now is for you to expand the rules you approved on Monday to include ALL non -use -by -
right pipelines, regardless of their size, or the substances they convey.
The most important permit provision to land and ditch owners is the requirement that
pipeline applicants show the Planning Department evidence that they have notified all
affected landowners, ditch companies, and ditch easement owners, and that they have either
reached agreement with those parties, or are diligently pursuing agreement with them.
The most confounding pipeline -related dilemma land and ditch owners face is that once a
pipeline company has been issued their county permit, the company has what it needs to
commence construction, and often, if they have not already reached agreement with affected
property owners, that's when negotiations with those who are not under agreement breaks
down Unfortunately, this sometimes leads to pipelines being installed under ditch
easements without the agreement from, and in some cases, absent the knowledge of the ditch
owners
For over two decades, I served as the Lower Latham Ditch Company officer responsible for
oil and gas issues As such, I thoroughly reviewed the documents outhring the over century -
old, 22 -mile long ditch easement, on numerous occasions Mr Groom was incorrect today
when he asserted that all, corporately -organized ditch companies like the Lower Latham
Ditch own their ditch easements in fee, and that all non -incorporated ditches, of which there
are many throughout Weld County and State of Colorado, only have prescriptive
easements Instead, most ditch easements of any significant length, from beginning to end,
are usually combinations of both
When most of the irrigation ditches were initially built over 100 years ago, the lands the
ditches transverse were owned by many different individuals Some granted the ditch
owners easements for the ditch (deeded easements), while others sold the land the ditch
occupied to the ditch owners (fee -owned easements) Occasionally, when uncooperative
landowners were encountered, the ditch owners had to engage the court to use its eminent
domain authority to condemn ditch easements across such lands (condemned
easements) Accordingly, all ditch easements, whether deeded, fee -owned, or condemned,
all possess perpetual, legal status that overlays and encumbers the lands they
transverse Additionally, no matter how the ditch easements were acquired, they are all
considered to be prescriptive
A parallel situation exists with the county public road system Landowners on either side of
the middle of centered, section -line, county roads still own the land that is occupied by the
road to its center The county simply owns an easement for the road that overlays and
perpetually encumbers the privately -owned lands the road occupies Such road easements
are considered to be prescriptive Similarly, irrigation ditch easements that are not fee -
owned (which most are not, in spite of what Mr Groom wrongly stated today) overlay and
perpetually encumber the privately -owned lands the ditch occupies Such ditch easements
are also considered to be prescriptive
Please recall that Mr Groom stated today that pipeline companies don't have to obtain
permits to cross prescriptive easements If that's true, then why is it appropriate for Weld
County require pipeline companies to obtain permits before boring under county roads even
though county road easements are prescnptive7 It's appropriate because the county
rightfully needs to know exactly where the pipeline crosses under the road, and depth of the
pipeline under the road, all for public safety and road integrity maintenance reasons
Likewise, despite what Mr Groom incorrectly said today, it's appropriate for the owners of
prescriptive ditch easements to require pipeline companies to obtain permits before boring
under them as well Just like the preceding county road pipeline bonng permit requirement,
it's appropriate for ditch owners to require pipeline boring permits too, because the ditch
owner(s) rightfully need(s) to know exactly where the pipeline crosses under the ditch, and
depth of the pipeline under the ditch, all for public safety and ditch integrity maintenance
2
reasons
Although both Mr Groom and your attorney, Mr Barker are both capable lawyers, neither
have the expertise about water rights and irrigation ditch law that those I have worked with
during my career as a professional water -right and irrigation expert The companies I have
led for the past 40 -years have paid many hundreds of thousands of dollars for the best legal
advice money can buy regarding all manner of water rights and irrigation ditch
issues However, if you don't want to believe me, perhaps you should engage a water right
and irrigation ditch legal specialist to advise you about these matters If you wish to do so, I
know several I would be happy to refer you to
I hope these explanations help you understand the land and ditch owner perspectives and
positions I have been trying my best to articulate and explain throughout the
current pipeline rule -making process
During the final reading of the proposed pipeline ordinances on October 8, I hope you will
not just transfer county pipeline permit authority from the old, Use -by -Special Review
process to the new, L A P administrative process, but that you will also expand the current
standards to include ALL non -right -by -use pipelines, no matter what product they
transport Otherwise, the land and ditch owner pipeline problems your constituents and
fellow citizens have been complaining to you about for many years will most certainly
continue to persist
Please don't hesitate to contact me if I can be of any further service to you
Sincerely yours,
Dennis Hoshiko
(970)381-1161
3
TESTIMONY
OF
DENNIS HOSHIKO
BEFORE THE
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 24, 2018
Good morning My name is Dennis Hoshiko and I reside at 1811 38`h Avenue, Greeley
I want to thank you and your staff for all of the work you have invested in developing these rules However, there
is still one, essential, change that you need to make in order for these standards to adequately address the pipeline problems
Weld County landowners have been struggling with for many years It concerns what pipelines possess use -by -right status
When landowners lease the oil and gas under their land so it can be produced, they also agree to give the right to
the companies that produce the oil and gas to use pipelines to move the oil, gas, and produced water produced from their
lands within the boundaries of their lands Accordingly, those pipelines have contractual, use -by -right status, and most
agree, they should not fall under these regulations However, the use -by -right status of such pipelines is limited exclusively
to the lands owned by the person who signed the oil and gas lease, because naturally, no one, except the court, can give
permission for pipelines to be built and used upon lands owned by someone else
Contrastingly, pipelines that transport oil, gas, and produced water across lands from which they were not produced
do not have use -by -right status, because the owner of such lands did not contractually agree to give the right for such
pipelines to be built and used across their lands Most of the pipeline problems landowners contend with stem from non-
use -by -right pipelines This is because landowners receive no benefit from such pipelines, and no matter how big they are,
or what they carry, the easements for non -use -by -right pipelines are up to 60 -feet wide, and they permanently burden and
severely affect the current use, and future development of the lands they pass through, forever Therefore, from the
landowner's perspective, unless all non -use -by -right pipelines are regulated by these guidelines, all of the time, energy, and
resources that have gone into this rule -making process over the past 2 years will have been, for the most part, sadly wasted
The Weld County Code contains very clear, and comprehensive Right -to -Farm provisions that establish protections
for the agricultural industry here Pipeline trenches can adversely affect agricultural lands, and the ability of farmers and
ranchers to conduct their operations Pipeline bore tunnels under irrigation ditches can negatively impact farmer -owned,
court -decreed water rights There are no state or federal regulations that adequately deal with the problems pipelines can
cause agricultural lands and irrigation ditches m Weld County That is why these codes are so rightfully needed, but they
will be woefully inadequate, and miserably ineffective if they do not include all non -use -by -right pipelines, regardless of
their size, or the elements they convey
Besides, there is no reason why any non -use -by -right pipeline should be exempted from these ordinances anyway
Why should a multi -billion dollar, inter -state, publically-traded, corporate conglomerate like DCP Midstream, who owns
most of the natural gas pipelines in Weld County, or any other pipeline company for that matter, be allowed to build their
1
smaller pipelines without following the same rules that apply to larger pipelines9 After all, any pipeline, large or small can
cause problems, but especially, natural gas pipelines Irrespective of their size, natural gas pipelines pose the greatest threat
to the health, safety and welfare of the general public because they are the most susceptible to leakage, rupture and explosion
For those reasons, natural gas pipelines have been responsible for nearly all of the pipeline -related injuries and deaths, both
locally, and across America The tragic natural gas explosions and fires in Massachusetts two weeks ago are proof of that
In the past, many pipeline companies have dealt with historic ditch, and private land owners respectfully and fairly,
and they conducted their operations in a safe and conscientious manner Yet recently, several companies like DCP
Midstream, Saddle Butte Rockies, Blue Gramma Corporation, and Tallgrass Energy Partners have all blatantly disregarded
the property rights, and physical and financial well-being of many irrigation ditch owners around Weld County These
companies have either already installed, or plan to install their pipelines underneath historic irrigation ditches without even
informing the ditch owners of the location or depth of those pipelines These flagrant trespass violations are not only
endangering the safety of those who routinely excavate those ditches, but also jeopardizing the ability of the ditches to
transport vital irrigation water to the farms and crops that desperately need it for their survival
Untold numbers of unmarked and undocumented oil and gas -related pipelines are already buried beneath historic
irrigation ditches throughout the county Such pipelines were placed below these ditches without the agreement, or
knowledge of the ditch owners In those cases, the owners of the pipelines know exactly where, and how deep they are, but
often, the ditch owners do not It is critically important that ditch owners, and those who work in and around them, know
this crucial information for their own personal safety In several instances, local residents have been severely burned, and
tragically, some have even been killed when they unintentionally encountered hidden natural gas pipelines
For those of us who have to work around them, these concealed natural gas pipelines are comparable to buried,
explosive, incendiary devices that are just hiding there, waiting for one of us to accidently dig into them and blow ourselves
up Unsuspecting citizens will be exposed to the life -threatening hazards these unseen pipelines pose as long as they are
being used Consequently, the irresponsible companies that inappropriately placed these pipelines under historic irrigation
ditches without consulting with their owners should be required to publicly record their locations, and also mark them with
permanent, readily -visible, above -ground signage to help prevent any more catastrophic disasters from happening here
Additionally, on more than one occasion, the bore tunnels for unpermitted pipelines have been dug too shallow
beneath irrigation ditches, causing the bottom of the ditches to suddenly cave in and blow out without warning These
calamities not only caused the flooding of the lands surrounding the washed-out ditches, but were also responsible for
drying -up hundreds of acres of growing crops that belonged to all of the ill-fated farmers who are dependent on those
ditches The very livelihoods of those farmers and their families was m jeopardy when their water was turned off and they
couldn't irrigate while they anxiously waited for their damaged ditches to be repaired
In conclusion, pipeline companies are unquestionably very important to the economy, but they should no longer be
allowed to conduct their profitable businesses here at the expense of the safety, and financial well-being of local farmers
and ranchers, and many others in our community I implore you, please do not undermine all of the time and effort that has
gone into this rule -making process by enacting incomplete standards that do not include all non -use -by -right pipelines,
regardless of their size, or the substances they convey Thank you for your attention and consideration today
2
TO:
FROM:
DATE:
MEMORANDUM
BOARD OF COUNTY COMMISSIONERS
TOM PARKO, JR., DIRECTOR OF PLANNING
OCTOBER 8, 2018
RE: ORDINANCE 2018-05 (PIPELINES), 3Ro
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.
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
.1
easements" as suggested by Patrick Groom.
Application Differences between LAP and USR for Pipelines
USR
LAP
Any
preapplication
person
wanting
conference
to apply
for
with
the
a
Use
Department
by
Special
of
Review
Planning
shall arrange
Services.
for a
A
Planning
LAP
applicant
Services.
may
arrange
for a
preapplication
conference
with
the Department
of
Planning
Commission recommendation
and
BOCC approval
Administrative
approval
Application
requirements:
Application
requirements:
Summary
capacity,
etc.,
involved.
statement
size,
destination
of
the
and
project,
type
to
of
include
facilities,
when
support
applicable:
STRUCTURES,
Source,
lines,
A
PRODUCTS
description
OTHER
of
the
THAN
PIPELINE
NATURAL
-
NATURAL
GAS
GAS
and
PIPELINE
and
PIPELINE
-
DOMESTIC
-
PETROLEUM
WATER.
transported
-
including
A
OTHER
NATURAL
description
THAN
any
GAS
and
of
NATURAL
support
the
its/their
or
PIPELINE
PIPELINE
STRUCTURES
GAS,
source,
-
-
including
PETROLEUM
NATURAL
size,
involved.
terminus
the
GAS
product(s)
PRODUCTS
or
PIPELINE
or
end
or
of
OTHER
substance(s)
route,
-
PETROLEUM
THAN
and
type
NATURAL
being
PRODUCTS
of
PIPELINE
GAS,
A description
of
the
preferred
route
or site
and
reasons
for its selection.
A
PETROLEUM
description
of
PRODUCTS
the
route
OTHER
or
location
THAN
of
NATURAL
the
PIPELINE
GAS
-
and
NATURAL
reasons
GAS
for its
or
PIPELINE
selection.
-
Procedures
routes
or sites.
to
be employed
in mitigating
any adverse
impacts
of
the
proposed
Procedures
or
THAN
sites
NATURAL
of
the
to
be
PIPELINE
GAS.
employed
-
NATURAL
in
mitigating
GAS
any
or
PIPELINE
adverse
-
impacts
PETROLEUM
of
the
PRODUCTS
proposed
routes
OTHER
An
schedule,
outline
of
to
include
the
planned
the
number
construction,
of
including
stages and
startup
timing
of
and
each.
commissioning
limited
An
schedule,
acknowledges
the
outline
timing
to,
of
to
contractor
of
include
the
third
that
planned
this
party
the
outline
availability,
number
facility
construction,
of
is subject
completion.
weather,
stages
including
and
to
change,
ability
timing
startup
to
due
close
of
and
each.
to
right-of-way
factors
commissioning
The
County
including,
tracts,
but not
and
Information
time,
attendance
of
any
and
public
method
meeting
of
conducted,
advertising.
to include
the
location, date,
Information
time,
recommended
between
attendance
an
of
applicant
any
by
and
the
Neighborhood
method
Department
and
the
of
neighbors.
advertising.
Meeting
of
Planning
conducted,
Such
Services
meeting
to include
is
to encourage
not
the
required,
location,
communication
but
date,
is
A description
health,
safety
of
and
the
welfare
hazards,
if
of employees
any,
of
fire, explosion
and
the
and
general
other
PUBLIC.
dangers
to
the
A
health,
PUBLIC.
description
safety
of
and
the
welfare
hazards,
of
if
the
any,
applicant's
of
fire, explosion
or
the
operator's
and
other
dangers
employees
to
and
the
the
A
Decommissioning
Plan.
A
will
place,
decommissioning
be
or
properly
whether
cleaned,
the
plan.
pipeline
capped,
The
decommissioning
will
and
be
maintained
removed
plan
from
if
the
shall
the
pipeline
ground.
address
will
how
be
the
abandoned
pipeline
in
A description
bridges
involved
of
any
and
haul
the
routes
weight
during
of
the
construction,
loads.
identifying
the
roads
and
A description
bridges
involved
of
any
and
haul
the
routes
weight
during
of
the
construction,
loads.
identifying
the
roads
and
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
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
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 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 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 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
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
Page 3
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
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
Map requirements
The draft map shall be in electronic form
Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in
size
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
Page 4
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
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
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
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)
Page 5
TESTIMONY
OF
DENNIS 11O51 I I KO
BEFORE THE
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
OCTOBER 8, 2018
Good morning. My name is Dennis Hoshiko, and I reside at 1811 38th Avenue, Greeley.
Let me begin by saying that I'm an advocate of efficient and limited government, and I vote for
people who are likeminded in that way. For that reason, at the beginning of this rule -making process, I
thought your decision to streamline county pipeline permits by issuing them administratively instead of
through public hearings, seemed like a good idea, at least in theory.
However, after over 2 years of countless meetings, letters, and conversations about this issue,
today, I must tell you in the strongest possible terms that I'm extremely apprehensive, thoroughly
frustrated, and very unhappy about the way things currently stand.
At the last hearing, you voted to exclude from these regulations, manyof the kinds of pipelines
that adversely affect me and other private property owners, and as things stand now, will continue to
plague us in the future. The excuse you gave for voting the way you did is that basically, you think the
old permit rules are good enough, and that all you want to do is move them from the public hearing
process to the administrative approval process.
That's surely good enough for the pipeline industry because it eliminates their need to go through
any kind of county review for at least half of their pipelines. And, that's certainly good enough for all
of you, because you won't have to listen to people like me complain about pipelines in a public forum
anymore. But that's definitely not good enough for thousands of Weld County private property owners,
since if you pass these codes in their present form, we \\ill be at the mercy of corporate pipeline
companies even more than we already are, because they'll have even more leverage over us than they've
had in the past.
Today is the third and final reading of these proposed rules. Therefore, it's my last chance to
clarify what you need to do to make them fair and effective for all private property owners, in all
situations. Accordingly, I'll do my best to explain.
1
At the last hearing, a pipeline industry lawyer testified that all, incorporated ditch companies own
the lands their ditches occupy Then he counseled you that such ditch owners are the only ones that
pipeline companies need to notify and reach agreement with prior to being issued a county permit That's
not true The same pipeline industry lawyer also testified that all, non -incorporated ditches all have
prescriptive easements Then he counseled you that pipeline companies don't need to notify or reach
agreement with the owners of such ditches prior to being issued a county pipeline permit That's not true
either Perhaps the pipeline industry lawyer uses easement semantics differently than others do Or
maybe he's just ignorant about the facts But, whatever the case may be, what he wrongly told you
trivialized my legal rights and those of thousands of other irrigation ditch easement owners Now, I'm
going to tell you the truth about these matters
When most of the original irrigation ditches were built in Weld County over a century ago, the
lands they pass through belonged to many different individuals Some landowners granted easements
across their lands to ditch owners for their ditches (deeded easements) Other landowners sold ditch
owners the land they needed for their ditches (fee -owned easements) Occasionally, landowners allowed
other people to dig ditches upon their lands without any formal agreement and didn't publically record
the ditches (implied consent easements) In some cases, ditch owners encountered uncooperative
landowners and engaged the court to use its power of eminent domain to condemn ditch easements
(condemned easements) Ultimately, most irrigation ditch easements are combinations of all of the
above
Yet, even if some rare ditch easements are prescriptive (which means they had to be built and
exist openly, notoriously, and adversely upon someone else's lands for at least 18 years), they are still
the conduits of court -decreed water to irrigate legally -defined lands In the end, all irrigation ditch
easements, no matter how they're categorized, perpetually overlay and encumber the lands they occupy
for as long as they're used, and no one can legally disturb or violate them
Comparatively, irrigation ditch easements are in essence, no different than county road easements
To elaborate, the county reserves legally -recognized easements for its public roads upon private lands on
either side of every section line Even so, the lands the roads exist upon are still privately -owned In
other words, the county doesn't own the lands underneath its roads, it simply owns easements that
perpetually overlay the privately -owned lands beneath the roads Equally, irrigation ditch easements
perpetually overlay the privately -owned lands beneath the ditches, as well
2
Although it only owns easements for its roads, the county lawfully requires pipeline companies
to obtain permits before boring under their roads, regardless of the pipeline's size, or the substance it
conveys That's because the county has the legal right to know exactly where pipelines cross under their
roads, and the depth of the pipelines under them, all for legitimate public safety and road integrity
maintenance reasons
Likewise, it's lawful for ditch owners to require pipeline companies to obtain permits before
boring under their ditches too, regardless of the pipeline's size or the substance it conveys Just like
Weld County does for its roads, ditch owners have the legal right to know exactly where pipelines cross
under their ditches, and the depth of the pipelines under them, again, all for legitimate public safety and
ditch integrity maintenance reasons
The difference between Weld County and private property owners is that the county has the power
to compel pipeline companies to obtain permits before installing pipelines of any size or kind under its
roads Private property owners don't have that power, and the pipeline companies know it So, if the
county doesn't regulate all, non -use -by -right pipelines, then we will be reduced to second-class citizens
when dealing with unregulated pipelines, because there won't be any government authority requiring
pipeline companies to at least notify us and honor our rights
Pipeline companies employ attorneys and other staff to impose their will, just like the county does
to enforce its rules Private property owners don't In fact, one of the main reasons we pay taxes is for
the government to safeguard the general public from illegal and dangerous acts against us Consequently,
if you fail to make these rules apply to all, non -use -by -right pipelines, you will have failed to do your
sworn, fiduciary duty to protect the health, safety and welfare of the citizens of Weld County
Additionally, if you enact these ordinances as they're currently written, they won't just be
hypocritically incomplete More seriously, they will also be legally arbitrary and capricious, because
they will be both illogical and irrational
Furthermore, if you vote for proposed codes as they are now, this lengthy, 2 -year long, rule -
making process will appear to have been just a political diversion that led the public to believe you were
going to do something to protect their property rights and personal safety, when in the end, that wasn't
the case On the contrary, instead you will have disregarded the legal rights of private property owners
and increased the economic advantage pipeline companies have over us at the cost of the wellbeing of
local residents
3
Moreover still, when the county issues a pipeline permit, it authorizes the pipeline's route
Subsequently, disrespectful and irresponsible pipeline companies ignore irrigation ditch owners and
violate their easements Companies like DCP, Saddle Butte, Blue Gramma, Tallgrass, and others have
already done so, or are planning to do so in the near future Since you know these illegal acts are taking
place, the county is effectively condoning those trespasses, and possibly also participating in the
unlawful, government -assisted partial -taking of private property
But worst of all, by adopting these regulations in their present form, you will abridge the
Constitutional, 1St Amendment rights of all Weld County citizens to petition you, our elected government
representatives, for a redress of our grievances about pipelines you grant the authority to build that could
harm us, both financially and physically
Many of the families who currently own and tend to the farms and ranches here have done so for
over one hundred years Oil and gas production is important, but the food and fiber we've been producing
for generations is vital for human survival Year after year, we work hard and take extreme risks,
struggling against nature and uncertain markets to try to earn a living from our precious lands and ditch
easements that are the source of our livelihoods Still, we're willing to share portions of them with the
pipeline industry for their use and benefit, but not at our expense, nor to our detriment
Oil and gas are non-renewable resources Once they're depleted, they're depleted forever Not
so with Weld County's renewable land and water resources Most of us were caring for them long before
the oil and gas industry came here, and Lord willing, many of us will continue doing so long after it's
gone We don't want to leave our children and grandchildren with a county consisting of thousands of
acres of forever undevelopable and permanently devaluated lands that are crisscrossed by thousands of
miles of potentially improperly installed and dangerous pipelines
In conclusion, the only thing private property owners are asking you to do, is simply require
pipeline companies to notify us and honor our rights before giving them approval to build their pipelines
across our lands and irrigation ditch easements We'll take care of ourselves after that Please don't
abandon us to continue being taken advantage of, and having to fend for ourselves against the behemoth,
multi -billion dollar pipeline industry any longer I implore you, do what's right and fair for those of us
who elected you to represent us by making these codes apply to all non -use -by -right pipelines of every
size and kind
Thank you
4
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