HomeMy WebLinkAbout20163594.tiffWELD COUNTY
CODE ORDINANCE 2015-26
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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.
MI For the purposes of this Chapter, certain terms or words used herein shall be interpreted as
a defined in this Section. The following specific words and phrases, when appearing in this Chapter
ZI in uppercase letters, shall have the meanings stated in this Section:
V
BUILDING UNIT: For the purpose of obtaining a Weld Oil and Gas Assessment, shall
o� mean a Residential Building Unit; and every five thousand (5,000) square feet of building floor
°-.0 area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area
mm-- in warehouses that are operating and normally occupied during working hours.
an Eimm
"" "3 DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or
... i�a alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage
.4 (, improvements or alterations on the historic flow of drainage patterns or amounts, and the
reitiyE1 placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND
w"a ":� GAS FACILITIES.
Y. Y
0-?."-'■ OIL AND GAS FACILITY: Equipment or improvements used or installed for the exploration,
"U�
y production, withdrawal, gathering, treatment, or processing of oil or natural gas; excluding
co; am__ PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER THAN
A NY —
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2016-3594
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NATURAL GAS, and all other pipelines and flowlines used or installed at the OIL AND GAS
FACILITY. The footprint of the OIL AND GAS FACILITY shall match the final location on the
interim reclamation area as shown on the State of Colorado Oil and Gas Commission Form 2A.
OIL AND GAS LOCATION: Shall mean the definable area(s) where an operator has
disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for
the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA), pursuant to
Division 10 of the Code.
Table 23-1E
Land Use Process for Siting Oil and Gas Production Facilities
Application UBR*
2
T�
C
U°
GI
3
In
rl�
o um
LLo�
N
00
ce
Ip N
dG 011—
EON
ay
00N
COs
N� r�
R-3 R-4 R-5 C-1 C-2 C-3 C-4 I-1
UBR* UBR* UBR* UBR* , UBR* UBR* UBR*
1-2
1-3
E IPUD A�
UBR* i UBR*
UBR*
UBR*
UBR* UBR*
* UBR - Use by Right with a Weld Oil and Gas Location Assessment (WOGLA).
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses
whose primary activity includes the following kinds of USES:
a. through g. — No changes.
h. Midstream activities including the processing, storing, transporting and marketing of oil,
natural gas and natural gas liquids.
OPERATOR: Any person who exercises the right to control the conduct of oil and gas
operations.
PETROLEUM REFINERY: An industrial process plant where crude oil is processed and
refined into more useful products; such as, petroleum naphtha, gasoline, diesel fuel, asphalt base,
heating oil, kerosene and liquefied petroleum gas.
RESIDENTIAL BUILDING UNIT For the purpose of obtaining a Weld Oil and Gas Location
Assessment, means a building or structure designed for use as a place of residency by a person,
a family, or families. The term includes manufactured, mobile, and modular homes, except to the
extent that any such manufactured, mobile, or modular home is intended for temporary occupancy
or for business purposes.
Add Division 10 - Weld Oil and Gas Location Assessment (WOGLA).
Sec. 23-2-1010. Intent and applicability.
A. A Weld Oil and Gas Location Assessment (WOGLA) requires additional consideration to
ensure the OIL AND GAS FACILITY is developed in a manner that complies with various
standards set forth in Section 23-2-1020 of this Chapter that provide compatibility with USES
located within 1,000 feet of the OIL AND GAS LOCATION. The WOGLA 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 WOGLA is required after February 1, 2017, for the construction of OIL AND GAS
FACILITIES in all zone districts. A WOGLA may include multiple OIL AND GAS
LOCATIONS on an individual permit, if it is located on a single surface owner's property.
C. No OIL AND GAS FACILITY shall be constructed in any zone district until a WOGLA 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 OIL AND GAS
FACILITY in any zone district until a WOGLA has been issued by the Department of Planning
Services or the Board of County Commissioners.
E. No WOGLA shall be required for:
1. An OIL AND GAS FACILITY for which an application on a Form 2A has been submitted
to the Colorado Oil and Gas Conservation Commission on or before February 1, 2017.
2. Routine well operations and subsequent operations, including, but not limited to,
swabbing, workovers, refracs, recompletions and normal repairs and maintenance of an
existing OIL AND GAS FACILITY, so long as such repairs and maintenance do not have
the effect of expanding or enlarging the original OIL AND GAS FACILITY by more than
fifty percent (50%).
3. One time expansion or enlargement of an OIL AND GAS FACILITY after
February 1, 2017, that increases the OIL AND GAS FACILITY by less than fifty percent
(50%).
4. Repairs or maintenance of an OIL AND GAS FACILITY required by a state or federal
compliance order.
F. Any person or an OPERATOR filing an application for a WOGLA shall comply with the County
procedures and regulations as set forth herein.
G. Any person or an OPERATOR filing an application for a WOGLA shall comply with Article V
and Article XI of this Chapter if the proposal is located within any Overlay District Area or a
Special Flood Hazard Area identified by maps officially adopted by the COUNTY.
H. Applications for a WOGLA shall be completed as set forth in Section 23-2-1020, below. The
completed application and application fees shall be submitted to the Department of Planning
Services.
I. The Department of Planning Services may require an Applicant to submit an Improvements
Agreement for the construction of required improvements to mitigate impacts caused by the
OIL AND GAS FACILITY. The Improvements Agreement shall be made in conformance with
the County policy for improvements and agreements and must be approved by the Board of
County Commissioners prior to operation.
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J. The review, consideration and issuance of a WOGLA 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.
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. An application for a WOGLA on a form supplied by the Department of Planning Services.
The application shall include the following:
B.
1.
2.
3.
4.
5.
6.
The name, address, and telephone number of the Applicant.
Legal description of the OIL AND GAS LOCATION under consideration.
Total acreage of the OIL AND GAS LOCATION.
Existing land USE of the property where the OIL AND GAS FACILITY will be located.
Present zone and overlay zones, if appropriate.
Signature of the Applicant.
Certification that notice of the application for the WOGLA has been delivered to BUILDING
UNIT owner(s) located within 1,000 feet of the OIL AND GAS LOCATION, and to the
Planning Commission or governing body of any town, city, county and/or town, city and
county whose boundaries are within 1,000 feet of the OIL AND GAS LOCATION. Such
notice shall comply with the following:
The Applicant shall deliver a WOGLA notice to the following parties: BUILDING UNIT
owners located within 1,000 feet of the OIL AND GAS LOCATION (as determined by Weld
County Assessors record at the time of notice), the Weld County Local Government
Designee (LGD), and LGD's for municipalities located within 1,000 feet of the OIL AND GAS
FACILITY. The WOGLA notice shall inform the recipients they must respond to either the
operator or the County within 28 days of receiving the notice. Delivery of the WOGLA notice
shall occur not more than six (6) months prior to submitting an Oil and Gas Location
Assessment or Form 2A to the Colorado Oil and Gas Conservation Commission. The
WOGLA notice shall include the following information:
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1. The location and a general description of the proposed OIL AND GAS FACILITIES.
2. The anticipated date operations will commence (by calendar quarter and year).
3. A "notification zone" drawing showing the names and addresses of the property owners
and municipalities whose properties or municipal boundaries are located within 1,000
feet of the OIL AND GAS FACILITY'S components.
4. A proposed access map, including off -site haul route(s).
5. A drawing showing the OIL AND GAS FACILITY and disturbed areas. The drawing shall
be a scaled drawing, or scaled aerial photograph showing the approximate outline of the
OIL AND GAS LOCATION and all wells and/or production facilities used for measuring
distances shall be attached. The drawing shall include all visible improvements within
1,000 feet of the proposed OIL AND GAS LOCATION, with a horizontal distance and
approximate bearing from the OIL AND GAS FACILITIES. Visible improvements shall
include, but not be limited to, all buildings and properties, publicly maintained roads and
trails, fences, above -ground utility lines, railroads, pipelines or pipeline markers, mines,
oil wells, gas wells, injection wells, water wells known to the operator and those
registered with the Colorado State Engineer, known springs, plugged wells, known
sewers with manholes, standing bodies of water, and natural channels, including
permanent canals and ditches through which water may flow. If there are no visible
improvements within 1,000 feet of a proposed OIL AND GAS LOCATION, it shall be so
noted on the map. The Location Drawing shall also include the approved access(es) and
proposed mitigation measures.
6. A list of the OIL AND GAS FACILITY components.
7. A statement that the notice recipient may request a meeting to discuss the proposed
OIL AND GAS FACILITY by contacting the County or the Operator.
8. Operator and COUNTY contact information:
a. After notice is received, additional information or proof of notice may be requested
by the County. Based on site specific considerations, the COUNTY may request
that additional parties be included in the notification.
b. A BUILDING UNIT owner within 1,000 feet of a proposed OIL AND GAS LOCATION
who would be eligible to receive a WOGLA notice may, through letter delivered to
the Planning Director, waive future receipt of such notice(s).
C. Certification in the application that a Surface Use Agreement (SUA) or other document,
including, but not limited to, a Memorandum of SUA or an affidavit by the Applicant, has been
executed by the operator and the surface owner(s) of the property where the OIL AND GAS
LOCATION will be located, demonstrating that the operator and surface owner have agreed
to an OIL AND GAS LOCATION. If no SUA or other document is available at the time of
applying for the WOGLA, the Applicant shall proceed with the WOGLA process and shall
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provide a statement in the WOGLA application that it is currently in SUA, or other agreement
negotiations, and that it will bond onto the OIL AND GAS LOCATION through the Colorado
Oil and Gas Conservation Commission, or otherwise utilize its legal right of access as
codified in C.R.S. § 34-60-127.
D. Certification that the Applicant has notified the owner(s) of BUILDING UNITS located within
1,000 feet of the OIL AND GAS LOCATION (as determined by Weld County Assessor's
record at the time of notice), the Weld County Local Government Designee (LGD), and LGD's
for municipalities located within 1,000 feet of the OIL AND GAS LOCATION and has met with
those notice recipients who have requested consultation.
E. 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 District Area or a Special Flood Hazard
Area identified by maps officially adopted by the COUNTY.
F. A statement which provides evidence of compliance with the following standards:
1. OIL AND GAS FACILITIES shall be located to minimize impact on agricultural
operations.
2. Dust control measures shall be employed as necessary during high traffic periods for
both on -site and off -site haul roads, including unpaved COUNTY roads when necessary
and in consultation with the COUNTY's Department of Public Works.
3. Traffic reduction measures shall be employed by operators when feasible: such as,
utilizing fresh water supply pipelines for completions and the use of centralized storage
facilities and/or transmission of crude oil via pipeline.
4. Haul routes shall be designated and developed in consultation with the COUNTY.
Municipals, with roadways which are part of the haul routes, should be included in such
consultation.
5. Liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. The OIL AND GAS FACILITY shall comply with the Colorado Water Quality Control
Commission regulations.
7. Noise from drilling, completion activities, and production shall comply with the Colorado
Oil and Gas Conservation Commission Noise Control Regulation A -Scale Limits.
8. Light sources shall be shielded or directed downward, and in a manner to reduce
impacts onto adjacent properties and dwellings.
9. Visual mitigation measures shall be considered and employed when feasible.
10. Site security measures shall be employed as necessary.
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11. The OIL AND GAS FACILITY shall be maintained in such a manner to prevent noxious
weeds.
G. An access permit issued by the COUNTY's Department of Public Works.
H. If applicable, a statement describing the size and approximate location of all oil and gas,
and/or water pipelines, connecting to the OIL AND GAS FACILITY.
I. A statement describing the kind of vehicles (type, size, weight) that will access the OIL AND
GAS FACILITY during drilling and completion operations, and a defined access route. This
shall include a traffic narrative with the following information:
1. The number of roundtrips/day expected for each vehicle type: passenger cars/pickups,
tandem trucks, semi-truck/trailer/RV (Roundtrip=1 trip in and 1 trip out of site).
2. The expected travel routes or haul routes for the site traffic.
3. The travel distribution along the routes (e.g. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.).
4. The time of day when the highest traffic volumes are expected. A statement describing
who will provide fire protection to the site. If the drilling waste (cuttings and fluids) will
be disposed of on the OIL AND GAS LOCATION, including a statement describing the
location and disposal method.
J. A certified list of the names, addresses and the corresponding Parcel Identification Numbers
assigned by the County Assessor of BUILDING UNIT owners within 1,000 feet of the OIL
AND GAS LOCATION. 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.
K. Where an authorized legal agent signs the application for the OIL AND GAS FACILITY on
behalf of the Applicant, evidence of a power of attorney or other authorization for the
signature of the legal agent must be provided.
L. If applicable, an Improvements Agreement executed by the Applicant. This Improvements
Agreement shall be in accordance with the County policy and documents for collateral for
improvements.
M. The Applicant shall consult with the Weld County Office of Emergency Management to put
together an Emergency Action Plan, if needed.
N. Such additional information as may be required by the Department of Planning Services.
4262858 Pages: 7 of 15
12/19/2016 12:02 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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Sec. 23-2-1030. Review of application and issuance of Weld Oil and Gas Location
Assessment (WOGLA).
The Department of Planning Services will review the WOGLA application to determine if
it is complete, which shall occur within seven (7) business days of the filing of the application. At
the discretion of the Applicant or the Director of Planning Services, an application meeting may
be required. If so, the Applicant shall arrange for an application meeting with the Department of
Planning Services. The Planning Director may approve the WOGLA, if he or she determines
that the application provides sufficient evidence showing that the standards set forth in Sections
23-2-1010 and 23-2-1020, above, will be met. If the Planning Director determines that the
application does not provide sufficient evidence showing that the standards set forth in Sections
23-2-1010 and 23-2-1020, above, will be met, he or she will forward the application to the Board
of County Commissioners for its review and consideration in a formal hearing before the Board.
The Department of Planning Services shall 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 WOGLA. The reviews and comments submitted by a referral
agency are recommendations to the Board of County Commissioners:
1. The Planning Commission or governing body of any town and county whose boundaries
are within 1,000 feet of the OIL AND GAS LOCATION.
2. The Weld County Department of Public Health and Environment.
3. The Weld County Department of Public Works.
4. Colorado Parks and Wildlife.
5. The Colorado Oil and Gas Conservation Commission.
6. The appropriate fire district.
7. Any irrigation ditch company with facilities on, or adjacent to, the OIL AND GAS
FACILITY.
8. To any other agencies or individuals to whom the Department of Planning Services
deems a referral necessary.
B. Provide the Applicant with a sign notifying the public of the Board of County Commissioners'
hearing, which shall be posted by the Applicant, adjacent to and visible from, a publicly
maintained road right-of-way. In the event the OIL AND GAS FACILITY is not adjacent to a
publicly maintained road right-of-way, one sign shall be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10)
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days prior to the hearing by the Board of County Commissioners. Evidence that the
Applicant posted the sign shall be provided to the Department of Planning Services.
C. Give notice of the hearing to those persons listed in the application as BUILDING UNIT
owners of property located within 1,000 feet of the OIL AND GAS LOCATION. Such
notification shall be mailed first-class by the Department.
D. 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, sound land use planning
practices, comments received from agencies to which the proposal was referred, and
standards contained in Sections 23-2-1010 and 23-2-1020, above.
E. 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. Notice of the
hearings shall be sent to persons listed in the application as BUILDING UNIT owners whose
properties are located within 1,000 feet of the OIL AND GAS LOCATION. Such notification
shall be mailed first-class.
Sec. 23-2-1040. Compliance with WOGLA standards.
An applicant for a WOGLA shall demonstrate conformance with, and shall continue to
meet, the WOGLA standards approved and adopted by the County. Noncompliance with the
approved WOGLA standards may be reason for rescission of the WOGLA by the Board of County
Commissioners.
Sec. 23-2-1050. Changes and termination of use.
A. Major changes from the approved WOGLA shall require the approval of an amended
WOGLA by the Weld County Planning Director. The Department of Planning Services is
responsible for determining whether a major change exists, in which case a new WOGLA
application and processing shall be required. Any other changes shall be filed in the
Department of Planning Services in the approved WOGLA file.
B. Construction pursuant to approval of a WOGLA 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.
Sec. 23-2-1070. Rescission procedures.
A. If at any time following the approval of a WOGLA the Department of Planning Services
determines that one (1) or more of the WOGLA standards set forth in Sections 23-2-1010
and 23-2-1020, above, has not been met, the Planning Director shall notify the Operator of
the OIL AND GAS FACILITY of the failure to meet the standard(s). The 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, a hearing
shall be scheduled before the Board of County Commissioners.
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B. The Board of County Commissioners shall hold a public hearing to determine if one (1) or
more of the WOGLA standards set forth in Sections 23-2-1010 and 23-2-1020, above, has
not been met. Upon such a finding, the Board may rescind the WOGLA and seek any
appropriate legal remedies to cease the USE of the OIL AND GAS FACILITY.
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. through H. — No change.
I. OIL AND GAS FACILITIES.
1. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the
A (Agricultural) Zone District until a WOGLA has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District.
A. — No change.
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 23-3-1601 below. USES within the R-1 Zone District are subject to the additional
requirements contained in Articles IV and V of this Chapter.
1. through 8. — No change.
9. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the R-1 (Low -
Density Residential) Zone District until a WOGLA has been issued by the Department
of Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
A. — No change.
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
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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.
1. through 14. — No change.
15. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-1
(Neighborhood Commercial) Zone District until a WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
A. — No change.
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 23-3-2501 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.
1. through 17. — No change.
18. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the
C- 2 (General Commercial) Zone District until a WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
2 Chapter.
O
Remainder of Section — No change.
aww Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
S. -"A
8 A. - No change.
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.
1. through 17. — No change.
18. OIL AND GAS FACILITIES.
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a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-3
(Business Commercial) Zone District until a WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
A. — No change.
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 in Articles IV and V of this Chapter.
1. through 10. — No change.
11. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-4
(Highway Commercial) Zone District until a WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
A. — No change.
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.
1. through 11. — No change.12. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the I-1
(Industrial) Zone District until a WOGLA has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
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
PAGE 12
2016-3594
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accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
1. through 17. — No change.
18. PETROLEUM REFINERY.
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 19. No change.
20. PETROLEUM REFINERY.
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 (Estate) 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 I. — No change.
J. OIL AND GAS FACILITIES.
1. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the E (Estate)
Zone District until a WOGLA has been issued by the Department of Planning Services
or the Board of County Commissioners in accordance with the application procedures
set forth in Article II, Division 10, of this Chapter.
8 Add Sec. 23-3-550. Uses allowed by right.
,spa A. OIL AND GAS FACILITIES.
o 1. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the
Gams A (Agricultural) Zone District until a WOGLA has been issued by the Department of
��3� Planning Services or the Board of County Commissioners in accordance with the
B
`4-!A` application procedures set forth in Article II, Division 10, of this Chapter.
o ua
Mir -
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Ce¢man
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:° a PAGE 13
ANY y 2016-3594
0 M ORD2015-26
r.a
10��=
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.
The above and foregoing Ordinance Number 2015-26 was, on motion duly made and
seconded, adopted by the following vote on the 28th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dadtet) jd .ok
Weld County Clerk to the Board
BY
APP
114i0:1 V '4%
ofilja
County Attorney
4262858 Pages: 14 of 15
12/19/2016 12:02 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111 MitrifiliiihNIVA Nit4k14 11111
Mike Freeman, Chair
Sean P. Conway, Pro -T
Kirkmeyer
Steve Moreno
PAGE 14
2016-3594
ORD2015-26
Publication: November 3, 2015
First Reading:
Publication:
December 14, 2015
December 23, 2015, in the Greeley Tribune
Second Reading: January 4, 2016
Con't to: January 25, 2016
Con't to: February 29, 2016
Con't to: May 9, 2016
Con't to: June 1, 2016
Con't to: July 18, 2016
Con't to: August 24, 2016
Con't to: September 28, 2016
Con't to: October 17, 2016
Con't to: October 31, 2016
Publication: November 9, 2016, in the Greeley Tribune
Final Reading: November 28, 2016
Publication: December 7, 2016, in the Greeley Tribune
Effective: December 12, 2016
2G19% 2016 12 : 02 P 15
M R
1/Fee $0 , 00
VIII EirlIAI G4 es, Clerk�fJnd G Recorder, NA 1'1,,County,
ifill 4f COgilLI till II
PAGE 15
2016-3594
ORD2015-26
WELD COUNTY
CODE ORDINANCE 2015-26
,eot
.„-/(e
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, 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:
BUILDING UNIT. For the purpose of obtaining a Weld Oil and Gas Assessment Permit,
shall mean a Residential Building Unit; and every five thousand (5,000) square feet of building
floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor
area in warehouses that are operating and normally occupied during working hours.
DEVELOPMENT The placement, construction, erection, reconstruction, movement and/or
alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage
improvements or alterations on the historic flow of drainage patterns or amounts, and the
placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND
GAS FACILITIES.
OIL AND GAS FACILITY: Equipment or improvements used or installed for the exploration,
production, withdrawal, gathering, treatment, or processing of oil or natural gas; excluding
PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER THAN
PAGE 1
2016-3594
ORD2015-26
NATURAL GAS, and all other pipelines and flowlines used or installed at the OIL AND GAS
FACILITY. The footprint of the OIL AND GAS FACILITY shall match the final location on the
interim reclamation area as shown on the State of Colorado Oil and Gas Commission Form 2A.
OIL AND GAS LOCATION: Shall mean the definable area(s) where an operator has
disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for
the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA) Permit, pursuant
to Division 10 of the Code.
Table 23-1E
Land Use Process for Siting Oil and Gas Production Facilities
Zone
R-1 R-2 R-3
R-4
Application UBR* UBR* UBR* UBR*
R-5
C-1 C-2 C-3
C-4 I I-1
UBR* UBR* UBR*
UBR* UBR* UBR* UBR*
1-2
1-3
E
PUD
UBR*
UBR*
UBR*
A
UBR*
* UBR - Use by Right with a Weld Oil and Gas Location Assessment (WOGLA)_ Permit
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses
whose primary activity includes the following kinds of USES:
a. through g. — No changes.
h. Midstream activities including the processing, storing, transporting and marketing of oil,
natural gas and natural gas liquids.
OPERATOR: Any person who exercises the right to control the conduct of oil and gas
operations.
PETROLEUM REFINERY: An industrial process plant where crude oil is processed and
refined into more useful products; such as, petroleum naphtha, gasoline, diesel fuel, asphalt base,
heating oil, kerosene and liquefied petroleum gas.
RESIDENTIAL BUILDING UNIT: For the purpose of obtaining a Weld Oil and Gas Location
Assessment Permit, means a building or structure designed for use as a place of residency by a
person, a family, or families. The term includes manufactured, mobile, and modular homes,
except to the extent that any such manufactured, mobile, or modular home is intended for
temporary occupancy or for business purposes.
Add Division 10 - Weld Oil and Gas Location Assessment (WOGLA) Permit.
Sec. 23-2-1010. Intent and applicability.
A. A Weld Oil and Gas Location Assessment (WOGLA) Permit requires additional consideration
to ensure the OIL AND GAS FACILITY is developed in a manner that complies with various
standards set forth in Section 23-2-1020 of this Chapter that provide compatibility with USES
located within 1,000 feet of the OIL AND GAS LOCATION. The WOGLA Permit WOGLA is
designed to protect and promote the health, safety, and welfare of the present and future
residents of the COUNTY.
PAGE 2
2016-3594
ORD2015-26
B. A WOGLA Permit is required after January February 1, 2017, for the construction of OIL AND
GAS LOCATIONS -FACILITIES in all zone districts. A WOGLA-Perrot may include multiple
OIL AND GAS LOCATIONS on an individual permit, if it is located on a single surface owner's
property.
C. No OIL AND GAS FACILITY shall be constructed in any zone district until a WOGLA Permit
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 OIL AND GAS
FACILITY in any zone district until a WOGLA-Permit has been issued by the Department of
Planning Services or the Board of County Commissioners.
E. No WOGLA-Permit shall be required for:
1. An OIL AND GAS FACILITY for which an application on a Form 2A has been submitted
to and is deemed complete by the Colorado Oil and Gas Conservation Commission on
or before February 1, 2017.
2. NRoutine well operations and subsequent operations, including, but not limited to,
swabbing, workovers, refracs, recompletions and normal repairs and maintenance of an
existing OIL AND GAS FACILITY, so long as such repairs and maintenance do not have
the effect of expanding or enlarging the original OIL AND GAS FACILITY by more than
fifty percent (50%).
2,3. One time expansion or enlargement of an OIL AND GAS FACILITY after January
February 1, 2017, that increases the OIL AND GAS FACILITY by less than fifty percent
(50%).
3-4. Repairs or maintenance of an OIL AND GAS FACILITY required by a state or federal
compliance orderAny workovers or recompletes on any -OIL AND GAS LOCATIONS
existing on or before January 1, 2017.
F. Any person or an OPERATOR filing an application for a WOGLA Permit shall comply with
the County procedures and regulations as set forth herein.
G. Any person or an OPERATOR filing an application for a WOGLA Perrn•itshall comply with
Article V and Article XI of this Chapter if the proposal is located within any Overlay District
Area or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY.
H. Applications for a WOGLA Permit shall be completed as set forth in Section 23-2-1020,
below. The completed application and application fees shall be submitted to the Department
of Planning Services. No WOGLA Permit is required for an OIL AND GAS FACILITY for
which an -application on --a Form 2A has been filed and deemed complete by the State of
Colorado Oil and Gas Conservation Commission -on or before -January '1, 2017.
The Department of Planning Services may require an appfioa-ntApplicant to submit an
Improvements Agreement for the construction of required improvements to mitigate impacts
PAGE 3
2016-3594
ORD2015-26
caused by the OIL AND GAS FACILITY. The Improvements Agreement shall be made in
conformance 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 WOGLA Permitis 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.
Sec. 23-2-1020. Application requirements for WOGLA-permit.
Any person or an OPERATOR shall be the Applicant for the WOGLA. Permit who intends to
apply -for aA WOGLA Permit application shall arrange for a pre application conference with 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 conference application meeting is to give the aApplicant 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. An application for a WOGLAPerm+t on a form supplied by the Department of Planning
Services. The application shall include the following:
1. The name, address, and telephone number of the aApplicant.
2. Legal description of the OIL AND GAS FACILITY LOCATION under consideration.
3. Total acreage of the OIL AND GAS LOCATION.
4. Existing land USE of the property where the OIL AND GAS FACILITY will be located.
5. Present zone and overlay zones, if appropriate.
6. Signature of the aApplicant.
B. Certification that notice of the application for the WOGLAPermit has been delivered to
BUILDING UNIT owner(s) of properties located within 1,000 feet of the OIL AND GAS
LOCATION, and to the Planning Commission or governing body of any town, city, county
and/or town, city and county whose boundaries are within 1,000 feet of the OIL AND GAS
LOCATION. Such notice shall comply with the following:
The aApplicant shall deliver a WOGLA notice to the following parties: BUILDING UNIT
owners of properties located within 1,000 feet of the OIL AND GAS LOCATION (as
determined by Weld County Assessors record at the time of notice), the Weld County Local
Government Designee (LGD), and LGD's for municipalities located within 1,000 feet of the
PAGE 4
2016-3594
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OIL AND GAS FACILITY The WOGLA notice shall inform the recipients they must respond
to either the operator or the County within 28 days of receiving the notice. Delivery of the
WOGLA notice shall occur not more than six (6) months prior to submitting an Oil and Gas
Location Assessment or Form 2A to the Colorado Oil and Gas Conservation Commission.
The WOGLA notice shall include the following information:
1. The location and a general description of the proposed Well or OIL AND GAS
FACILITIES.
2. The anticipated date operations will commence (by calendar quarter and year).
3. A "notification zone" drawing showing the names and addresses of the property owners
and municipalities whose properties or municipal boundaries are located within 1,000
feet of the OIL AND GAS FACILITY'S components.
4. A proposed access map, including off -site haul route(s).
5. A drawing showing the OIL AND GAS FACILITY and disturbed areas. The drawing shall
be a scaled drawing, or scaled aerial photograph showing the approximate outline of the
OIL AND GAS FACILITY LOCATION and all wells and/or production facilities used for
measuring distances shall be attached. The drawing shall include all visible
improvements within 1,000 feet of the proposed OIL AND GAS LOCATION, with a
horizontal distance and approximate bearing from the OIL AND GAS FACILITIES.
Visible improvements shall include, but not be limited to, all buildings and properties,
publicly maintained roads and trails, fences, above -ground utility lines, railroads,
pipelines or pipeline markers, mines, oil wells, gas wells, injection wells, water wells
known to the operator and those registered with the Colorado State Engineer, known
springs, plugged wells, known sewers with manholes, standing bodies of water, and
natural channels, including permanent canals and ditches through which water may flow.
If there are no visible improvements within 1,000 feet of a proposed OIL AND GAS
LOCATION, it shall be so noted on the map. The Location Drawing shall also include
the approved access(es) and proposed mitigation measures. the location, amount, size
and type of any proposed LANDSCAPE material, including fencing, walls, berms or
other SCREENING.
6. A list of the OIL AND GAS FACILITYfacility components.
7. Notice that the property owner and/or municipality A statement that the notice recipient
may request a meeting to discuss the proposed OIL AND GAS FACILITY by contacting
the County or the Operator.
8. Operator and COUNTY contact information:
After notice is received, additional information or proof of notice may be requested
by the County. Based on site specific considerations, the COUNTY may request
that additional parties be included in the notification.
PAGE 5
2016-3594
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b. AR BUILDING UNIT owner of property within 1,000 feet of a proposed OIL AND GAS
LOCATION who would be eligible to receive a WOGLA notice may, through letter
delivered to the Planning Director, waive future receipt of such notice(s).
C. if-e�a Certification in the application
that a Surface Use Agreement (SUA) or other document, including, but not limited to, a
Memorandum of SUA or an affidavit by the aApplicant, has been executed by the operator
and the surface owner(s) of the property where the OIL AND GAS LOCATION will be located,
demonstrating that the operator and surface owner have agreed to an OIL AND GAS
LOCATION. If no SUA or other document is available at the time of noticing applying for the
WOGLA-Permit, the aApplicant shall proceed with the WOGLA Permit process and shall
provide a statement in the WOGLA notice application that it is currently in SUA, or other
agreement negotiations, and that it will bond onto the OIL AND GAS LOCATION through the
Colorado Oil and Gas Conservation Commission, or otherwise utilize its legal right of access
as codified in C.R.S. § 34-60-127. If bont+ng on, or otherwise utilizing its legal right of
ass +red, the +ca
statement to the Planning Direct
from the surface owncr(s
located.
to obtain an SUA
D. Certification that the aApplicant has notified the owner(s) of
BUILDING UNITS properties located within 1,000 feet of the OIL AND GAS LOCATION (as
determined by Weld County Assessor's record at the time of notice), the Weld County Local
Government Designee (LGD), and LGD's for municipalities located within 1,000 feet of the
OIL AND GAS LOCATION and has met with those notice recipients who have requested
consultation.
E 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 District Area or a Special Flood Hazard
Area identified by maps officially adopted by the COUNTY.
F. A statement which provides evidence of compliance with the following standards:
1. OIL AND GAS FACILITIES shall be located to minimize impact on agricultural
operations.
2. Dust control measures shall be employed as necessary during high traffic periods for
both on -site and off -site haul roads, including unpaved COUNTY roads when necessary
and in consultation with the COUNTY's Department of Public Works.
3. Traffic reduction measures shall be employed by operators when feasible: such as,
utilizing fresh water supply pipelines for completions and the use of centralized storage
facilities and/or transmission of crude oil via pipeline.
4. Haul routes shall be designated and developed in consultation with the COUNTY.
Municipals, with roadways which are part of the haul routes, should be included in such
consultation.
PAGE 6
2016-3594
ORD2015-26
5. Liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. The OIL AND GAS FACILITY shall comply with the Colorado Water Quality Control
Commission regulations.
7. Noise from drilling, completion activities, and production shall comply with the Colorado
Oil and Gas Conservation Commission Noise Control Regulation A -Scale Limits.
8. Light sources shall be shielded or directed downward, and in a manner to reduce
impacts onto adjacent properties and dwellings.
9. Visual mitigation measures shall be considered and employed when feasible.
10. Site security measures shall be employed as necessary.
11. The OIL AND GAS FACILITY shall be maintained in such a manner to prevent noxious
weeds.
G. An access permit issued by the COUNTY's Department of Public Works.
H. If applicable, a statement describing the size and approximate location of all oil and gas,
and/or water pipelines, connecting to the OIL AND GAS FACILITY.
I. A statement describing the kind of vehicles (type, size, weight) that will access the OIL AND
GAS FACILITY during drilling and completion operations, and a defined access route. This
shall include a traffic narrative with the following information:
1. The number of roundtrips/day expected for each vehicle type: passenger cars/pickups,
tandem trucks, semi-truck/trailer/RV (Roundtrip=1 trip in and 1 trip out of site).
2. The expected travel routes or haul routes for the site traffic.
3. The travel distribution along the routes (e.g. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.).
4. The time of day when the highest traffic volumes are expected. A statement describing
who will provide fire protection to the site. If the drilling waste (cuttings and fluids) will
be disposed of on the OIL AND GAS LOCATION, FACILITY including a statement
describing the location and disposal method.
J. A certified list of the names, addresses and the corresponding Parcel Identification Numbers
assigned by the County Assessor of BUILDING UNITthe owners of property (the surface
estate)within 1,000 feet of the OIL AND GAS LOCATION. 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 aApplicant shall certify
that such list was assembled within thirty (30) days of the application submission date.
PAGE 7
2016-3594
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K. Where an authorized legal agent signs the application for the fee owners of the OIL AND
GAS FACILITY on behalf of the Applicant, a signed Surface Use Agreement, or a letter
granting evidence of a power of attorney or other authorization
for the signature of the legal agent must be provided.
L. If applicable, an Improvements Agreement executed by the aApplicant. This Improvements
Agreement shall be in accordance with the County policy and documents for collateral for
improvements.
M. The applicant may need to work Applicant shall consult with the Weld County Office of
Emergency Management to put together an Emergency Action Plan, if needed the quantity
IL AND GAS FACILITY is -saver -27O -O -O -bbl.
N. Such additional information as may be required by the Department of Planning Services.
Sec. 23-2-1030. Review of application and issuance of Weld Oil and Gas Location
Assessment (WOGLA) Permit.
The Department of Planning Services will review the WOGLA-Permit application to
determine if it is complete, which shall occur within seven (7) business days of the filing of the
application. At the discretion of the Applicant or the Director of Planning Services, an application
meeting may be required. If so, the aApplicant shall arrange for an application meeting with the
Department of Planning Services. The Planning Director may approve the WOGLA Permit, if he
or she determines that the application provides sufficient evidence showing that the standards set
forth in Sections 23-2-1010 and 23-2-1020, above, will be met. If the Planning Director determines
that the application does not provide sufficient evidence showing that the standards set forth in
Sections 23-2-1010 and 23-2-1020, above, will be met, he or she will forward the application to
the Board of County Commissioners for its review and consideration in a formal hearing before
the Board. The Department of Planning Services shall 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 WOGLA Permit. The reviews and comments submitted by a
referral agency are recommendations to the Board of County Commissioners:
1. The Planning Commission or governing body of any town and county whose boundaries
are within 1,000 feet of the OIL AND GAS LOCATION.
2. The Weld County Department of Public Health and Environment.
3. The Weld County Department of Public Works.
4. The Colorado Division of Parks and Wildlife.
PAGE 8
2016-3594
ORD2015-26
5. The Colorado Oil and Gas Conservation Commission.
6. The appropriate fire district.
7. Any irrigation ditch company with facilities on, or adjacent to, the OIL AND GAS
FACILITY.
8. To any other agencies or individuals to whom the Department of Planning Services
deems a referral necessary.
B. Provide the aApplicant with a sign notifying the public of the Board of County Commissioners'
hearing, which shall be posted by the aApplicant, adjacent to and visible from, a publicly
maintained road right-of-way. In the event the OIL AND GAS FACILITY is not adjacent to a
publicly maintained road right-of-way, one sign shall be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10)
days prior to the hearing by the Board of County Commissioners. Evidence that the
aApplicant posted the sign shall be provided to the Department of Planning Services.
C. Give notice of the hearing to those persons listed in the application as BUILDING
UNITsurface owners of property located within 1,000 feet of the OIL AND GAS LOCATION.
Such notification shall be mailed first-class by the Department.
D. 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, sound land use planning
practices, comments received from agencies to which the proposal was referred, and
standards contained in Sections 23-2-1010 and 23-2-1020, above.
E. 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. Notice of the
hearings shall be sent to persons listed in the application as BUILDING UNITsurface property
owners whose properties are located within 1,000 feet of the OIL AND GAS LOCATION.
Such notification shall be mailed first-class.
Sec. 23-2-1040. Compliance with WOGLA Permit standards.
An applicant for a WOGLA Permit shall demonstrate conformance with, and shall continue
to meet, the WOGLAPermit standards approved and adopted by the County. Noncompliance with
the approved WOGLAPermit standards may be reason for rescission of the WOGLAPermit by the
Board of County Commissioners.
Sec. 23-2-1050. Changes and termination of use.
A. Major changes from the approved WOGLA Permitshall require the approval of an amended
WOGLA Permitby the Weld County Planning Director. The Department of Planning Services
is responsible for determining whether a major change exists, in which
PAGE 9
2016-3594
ORD2015-26
case a new WOGLAPermit application and processing shall be required. Any other changes
shall be filed in the Department of Planning Services in the approved WOGLAPermit file.
Construction pursuant to approval of a WOGLAPermit 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.
Sec. 23-2-1070. Rescission procedures.
A. If at any time following the approval of a WOGLAPerrett the Department of Planning Services
determines that one (1) or more of the WOGLAPermit standards set forth in Sections 23-2-
1010 and 23-2-1020, above, has not been met, the Planning Director shall notify the Operator
of the OIL AND GAS FACILITY of the failure to meet the standard(s). The 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, 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 WOGLAPermit standards set forth in Sections 23-2-1010 and 23-2-1020, above,
has not been met. Upon such a finding, the Board may rescind the WOGLAPermit and seek
any appropriate legal remedies to cease the USE of the OIL AND GAS FACILITY.
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. through H. — No change.
I. OIL AND GAS FACILITIES.
1. WOGLAPermit Required. No OIL AND GAS FACILITY shall be developed in the
A (Agricultural) Zone District until a WOGLAPerm4t has been issued by the Department
of Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District.
A. — No change.
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
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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.
1. through 8. — No change.
9. OIL AND GAS FACILITIES.
a. WOGLAPermit Required. No OIL AND GAS FACILITY shall be developed in the R-1
(Low -Density Residential) Zone District until a WOGLAPermit has been issued by the
Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
A. — No change.
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.
1. through 14. — No change.
15. OIL AND GAS FACILITIES.
a. WOGLAPerm t Required. No OIL AND GAS FACILITY shall be developed in the
C-1 (Neighborhood Commercial) Zone District until a WOGLAPermit has been
issued by the Department of Planning Services or the Board of County
Commissioners in accordance with the application procedures set forth in Article II,
Division 10, of this Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
A. — No change.
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.
1. through 17. — No change.
18. OIL AND GAS FACILITIES.
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a. WOGLAPermit Required. No OIL AND GAS FACILITY shall be developed in the
C- 2 (General Commercial) Zone District until a WOGLAPermit has been issued by
the Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
A. — No change.
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-
2501 below. USES within the C-3 Zone District shall also be subject to additional requirements
contained in Articles IV and V of this Chapter.
1. through 17. — No change.
18. OIL AND GAS FACILITIES.
a. WOGLAPerrit Required. No OIL AND GAS FACILITY shall be developed in the
C-3 (Business Commercial) Zone District until a WOGLAPermit has been issued by
the Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
A. — No change.
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 in Articles IV and V of this Chapter.
1. through 10. — No change.
11. OIL AND GAS FACILITIES.
a. WOGLAPermit Required. No OIL AND GAS FACILITY shall be developed in the
C-4 (Highway Commercial) Zone District until a WOGLAPermit has been issued by
the Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
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Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
A. — No change.
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.
1. through 11. — No change.12. OIL AND GAS FACILITIES.
a. WOGLAPermit Required. No OIL AND GAS FACILITY shall be developed in the I-
1 (Industrial) Zone District until a WOGLAP-erm-+t has been issued by the Department
of Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
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 17. — No change.
18. PETROLEUM REFINERY.
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 19. No change.
20. PETROLEUM REFINERY.
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 (Estate) Zone
District except for one (1) or more of the following USES. Land in the E Zone District must be
USED in
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compliance with the bulk requirements contained in Section 23-3-44Q below. Uses within the E
Zone District are subject to the additional requirements contained in Articles IV and V of this
Chapter.
A. through I. — No change.
J. OIL AND GAS FACILITIES.
1. WOGLAPermit Required. No OIL AND GAS FACILITY shall be developed in the
E (Estate) Zone District until a WOGLAPermit has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
Add Sec. 23-3-550. Uses allowed by right.
A. OIL AND GAS FACILITIES.
1. WOGLAPermit Required. No OIL AND GAS FACILITY shall be developed in the
A (Agricultural) Zone District until a WOGLAPermit has been issued by the Department
of Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
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 14
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The above and foregoing Ordinance Number 2015-26 was, on motion duly made and
seconded, adopted by the following vote on the 28th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro -Tern
BY:
Deputy Clerk to the Board
Julie A. Cozad
APPROVED AS TO FORM:
Barbara Kirkmeyer
County Attorney
Publication:
First Reading:
Publication:
Second Reading:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Publication:
Final Reading:
Publication:
Effective:
Steve Moreno
November 3, 2015
December 14, 2015
December 23, 2015, in the Greeley Tribune
January 4, 2016
January 25, 2016
February 29, 2016
May 9, 2016
June 1,2016
July 18, 2016
August 24, 2016
September 28, 2016
October 17, 2016
October 31, 2016
November 9, 2016, in the Greeley Tribune
November 28, 2016
December 7, 2016, in the Greeley Tribune
December 12, 2016
PAGE 15
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WELD COUNTY
CODE ORDINANCE 2015-26 l2'/---- /49
C14)j
IN THE MATTER OF REPEALING AND REENACTING, WITH iii(IDMENTS, CHAPTER 23
ZONING, 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:
BUILDING UNIT For the purpose of obtaining a Weld Oil and Gas Location Assessment
Permit, shall mean a Residential Building Unit; and every five thousand (5,000) square feet of
building floor area in commercial facilities or every fifteen thousand (15,000) square feet of
building floor area in warehouses that are operating and normally occupied during working hours.
DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or
alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage
improvements or alterations on the historic flow of drainage patterns or amounts, and the
placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND
GAS FACILITIES.
PAGE 1
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ORD2015-26
RESIDENTIAL BUILDING UNIT: For the purpose of obtaining a Weld Oil and Gas Location
Assessment Permit, means a building or structure designed for use as a place of residency by a
person, a family, or families. The term includes manufactured, mobile, and modular homes.
except to the extent that any such manufactured, mobile, or modular home is intended for
temporary occupancy or for business purposes.
OIL AND GAS FACILITY: Equipment or improvements used or installed for the exploration,
production, withdrawal, gathering, treatment, or processing of oil or natural gas; excluding
PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS, and all other pipelines and flowlines used or installed at the OIL AND GAS
FACILITY. The footprint of the OIL AND GAS FACILITY shall match the final location on the
interim reclamation area as shown on the State of Colorado Oil and Gas Commission Form 2A.
OIL AND GAS LOCATION: Shall mean the definable area(s) where an operator has
disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for
the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA) Permits pursuant
to Division 10 of the Code.
Table 23-1E
Land Use Process for Siting Oil and Gas Production Facilities
Zone
R-1
R-2
R-3 R-4 R-5 C-1 C-2 C-3 C-4
1-3 E PUD 1 A
Application
UBR*
UBR* UBR* UBR* UBR* UBR*
UBR* I UBR*
UBR*
UBR* UBR*
UBR* UBR* UBR* UBR*
* UBR - Use by Right with a Weld Oil and Gas Location Assessment (WOGLA)_ Permit
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses
whose primary activity includes the following kinds of USES:
a. through g. — No changes.
h. Midstream activities including the processing, storing, transporting and marketing of oil,
natural gas and natural gas liquids.
OPERATOR: Any person who exercises the right to control the conduct of oil and gas
operations.
PETROLEUM REFINERY: An industrial process plant where crude oil is processed and
refined into more useful products; such as, petroleum naphtha, gasoline, diesel fuel, asphalt base,
heating oil, kerosene and liquefied petroleum gas.
Add Division 10 - Weld Oil and Gas Location Assessment (WOGLA) Permit.
Sec. 23-2-1010. Intent and applicability.
A. A Weld Oil and Gas Location Assessment (WOGLA) Per -ma -requires additional consideration
to ensure the OIL AND GAS FACILITY is developed in a manner that complies with various
standards set forth in Section 23-2-1020 of this Chapter that provide compatibility with USES
located within 1,000 feet of the OIL AND GAS LOCATION. The WOGLA Permit WOGLA is
PAGE 2
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ORD2015-26
designed to protect and promote the health, safety, and welfare of the present and future
residents of the COUNTY.
B. A WOGLA Permit WOGLA is required after January February 1, 2017, for the construction of
OIL AND GAS LOCATIONS FACILITIES in all zone districts. A WOGLA Permit WOGLA
may include multiple OIL AND GAS LOCATIONS on an individual permit, if it is located on a
single surface owner's property.
C. No OIL AND GAS FACILITY shall be constructed in any zone district until a WOGLA Permit
WOGLA 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 OIL AND GAS
FACILITY in any zone district until a WOGLA Permit WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners.
E. No WOGLA Permit WOGLA shall be required for:
1. An OIL AND GAS FACILITY for which an application on a Form 2A has been submitted
to and is deemed complete by the Colorado Oil and Gas Conservation Commission on
or before February 1, 2017.
2. NRoutine well operations and subsequent operations, including, but not limited tot
swabbing, workovers, refracs, recompletions and normal repairs and maintenance of an
existing OIL AND GAS FACILITY, so long as such repairs and maintenance do not have
the effect of expanding or enlarging the original OIL AND GAS FACILITY by more than
fifty percent (50%).
273. One time expansion or enlargement of an OIL AND GAS FACILITY after January
February 1, 2017, that increases the OIL AND GAS FACILITY by less than fifty percent
(50%).
3,4. Any workovers or recompletes on any Repairs or maintenance of an OIL AND GAS
LOCATIONS --FACILITY required by a state or federal compliance orderexisting on or
before January 1, 2017.
F. Any person Any person or an OPERATOR filing an application for a WOGLA Permit WOGLA
shall comply with the County procedures and regulations as set forth herein.
G. Any person Any person or an OPERATOR filing an application for a WOGLA Permit-WOGLA
shall comply with Article V and Article XI of this Chapter if the proposal is located within any
Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by
the COUNTY.
H. Applications for a WOGLA Permit WOGLA shall be completed as set forth in Section 23-2-
1020, below. The completed application and application fees shall be submitted to the
Department of Planning Services. N-cf WOGLA Permit WOGLAis required for an OIL AND
GAS FACILITY for which an application on-a--Fsrm-2A has been filed and deemed complete
PAGE 3
2016-0060
ORD2015-26
2017.
I The Department of Planning Services may require an a lira-ntApplicant to submit an
Improvements Agreement for the construction of required improvements to mitigate impacts
caused by the OIL AND GAS FACILITY. The Improvements Agreement shall be made in
conformance 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 WOGLA Permit WOGLA 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.
Sec. 23-2-1020. Application requirements for WOGLA pPermit.
Any person or an OPERATOR shall be the Applicant
for the WOGLA Permit. A WOGLA Permit WOGLA application shall arrange for a pre application
conference with 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 aApplicant 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. An application for a WOGLA Permit-WOGLA on a form supplied by the Department of
Planning Services. The application shall include the following:
1. The name, address, and telephone number of the aApplicant.
2. Legal description of the OIL AND GAS FACILITY LOCATION under consideration.
3. Total acreage of the OIL AND GAS LOCATION.
4. Existing land USE of the property where the OIL AND GAS FACILITY will be located.
5. Present zone and overlay zones, if appropriate.
6. Signature of the aApplicant.
B. Certification that notice of the application for the WOGLA Permit WOGLA has been delivered
to BUILDING UNIT owner(s) of properties located within 1,000 feet of the OIL AND GAS
LOCATION, and to the Planning Commission or governing body of any town, city, county
PAGE 4
2016-0060
ORD2015-26
and/or town, city and county whose boundaries are within 1,000 feet of the OIL AND GAS
LOCATION. Such notice shall comply with the following:
The aApplicant shall deliver a WOGLA notice to the following parties: BUILDING UNIT
owners of properties located within 1,000 feet of the OIL AND GAS LOCATION (as
determined by Weld County Assessors record at the time of notice), the Weld County Local
Government Designee (LGD), and LGD's for municipalities located within 1,000 feet of the
OIL AND GAS FACILITY. The WOGLA notice shall inform the recipients they must respond
to either the operator or the County within 28 days of receiving the notice. Delivery of the
WOGLA notice shall occur not more than six (6) months prior to submitting an Oil and Gas
Location Assessment or Form 2A to the Colorado Oil & Gas Conservation Commission. The
WOGLA notice shall include the following information:
1. The location and a general description of the proposed Well or OIL AND GAS
FACILITIES.
2. The anticipated date operations will commence (by calendar quarter and year).
3. A "notification zone" drawing showing the names and addresses of the property owners
and municipalities whose properties or municipal boundaries are located within 1,000
feet of the OIL AND GAS FACILITY'S components.
4. A proposed access map, including off -site haul route(s).
5. A drawing showing the OIL AND GAS FACILITY and disturbed areas. The drawing shall
be a scaled drawing, or scaled aerial photograph showing the approximate outline of the
OIL AND GAS FACILITY LOCATION and all wells and/or production facilities used for
measuring distances shall be attached. The drawing shall include all visible
improvements within 1,000 feet of the proposed OIL AND GAS LOCATION, with a
horizontal distance and approximate bearing from the OIL AND GAS FACILITIES.
Visible improvements shall include, but not be limited to, all buildings and properties,
publicly maintained roads and trails, fences, above -ground utility lines, railroads,
pipelines or pipeline markers, mines, oil wells, gas wells, injection wells, water wells
known to the operator and those registered with the Colorado State Engineer, known
springs, plugged wells, known sewers with manholes, standing bodies of water, and
natural channels, including permanent canals and ditches through which water may flow.
If there are no visible improvements within 1,000 feet of a proposed OIL AND GAS
LOCATION, it shall be so noted on the map. The Location Drawing shall also include
the approved access(es) and the location, amount, size and type of any proposed
LANDSCAPE material, including fencing, walls, berms or other SCREENING proposed
mitigation measures.
6. A list of the OIL AND GAS FACILITY components.
7. Notice that the property owner and/or municipality A statement that the notice recipient
may request a meeting to discuss the proposed OIL AND GAS FACILITY by contacting
the County or the Operator.
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8. Operator and COUNTY contact information.
After notice is received, additional information or proof of notice may be requested by
the County. Based on site specific considerations, the COUNTY may request that
additional parties be included in the notification.
A BUILDING UNIT n --owner of property within 1,000 feet of a proposed OIL AND GAS
LOCATION who would be eligible to receive a WOGLA notice may, through letter
delivered to the Planning Director, waive future receipt of such notice(s).
C. If -available at the time of noticing me VVU(;I A evir1ennn Certification in the application
that a Surface Use Agreement (SUA) or other document, including, but not limited to, a
Memorandum of SUA or an affidavit by the aApplicant, has been executed by the operator
and the surface owner(s) of the property where the OIL AND GAS LOCATION will be located,
demonstrating that the operator and surface owner have agreed to an OIL AND GAS
LOCATION. If no SUA or other document is available at the time of noticing applying for the
WOGLA Permit, the aApplicant shall proceed with the WOGLA Permit WOGLA process and
shall provide a statement in the WOGLA notice application that it is currently in SUA, or other
agreement negotiations, and that it will bond onto the OIL AND GAS LOCATION through the
Colorado Oil and Gas Conservation Commission, or otherwise utilize its legal right of access
as codified in C.R.S. § 34-60-127. If bon its ihof
access is required, the aApplicant shall provide include in the application certification a
sta
located.
N will be
D. Certification that the aApplicant has contacted afld-/or met with notifednotified the owner(s)
of BUILDING UNITS properties located within 1,000 feet of the OIL AND GAS LOCATION
(as determined by Weld County Assessor's record at the time of notice), the Weld County
Local Government Designee (LGD), and LGD's for municipalities located within 1,000 feet of
the OIL AND GAS LOCATION and has met with those notice recipients who have requested
consultation.
E. 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 District Area or a Special Flood Hazard
Area identified by maps officially adopted by the COUNTY.
F. A statement which provides evidence of compliance with the following standards:
1. OIL AND GAS FACILITIES shall be located to minimize impact on agricultural
operations.
2. Dust control measures shall be employed as necessary during high traffic periods for
both on -site and off -site haul roads, including unpaved COUNTY roads when necessary
and in consultation with the COUNTY's Department of Public Works.
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3. Traffic reduction measures shall be employed by operators when feasible: such as,
utilizing fresh water supply pipelines for completions and the use of centralized storage
facilities and/or transmission of crude oil via pipeline.
4. Haul routes shall be designated and developed in consultation with the COUNTY_
Municipals, with roadways which are part of the haul routes, should be included in such
consultation.
5. Liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. The OIL AND GAS FACILITY shall comply with the Colorado Water Quality Control
Commission regulations.
7. Noise from drilling, completion activities, and production shall comply with the Colorado
Oil and Gas Conservation Commission Noise Control Regulation A -Scale Limits.
8. Light sources shall be shielded or directed downward, and in a manner to reduce
impacts onto adjacent properties and dwellings.
9. Visual mitigation measures shall be considered and employed when feasible.
10. Site security measures shall be employed as necessary.
11. The OIL AND GAS FACILITY shall be maintained in such a manner to prevent noxious
weeds.
G. An access permit issued by the COUNTY's Department of Public Works.
H. If applicable, a statement describing the size and approximate location of all oil and gas,
and/or water pipelines, connecting to the OIL AND GAS FACILITY.
I. A statement describing the kind of vehicles (type, size, weight) that will access the OIL AND
GAS FACILITY during drilling and completion operations, and a defined access route. This
shall include a traffic narrative with the following information:
1. The number of roundtrips/day expected for each vehicle type: Passenger Cars/Pickups,
Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip=1 trip in and 1 trip out of site).
2. The expected travel routes or haul routes for the site traffic.
3. The travel distribution along the routes (e.g. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.).
4. The time of day when the highest traffic volumes are expected. A statement describing
who will provide fire protection to the site. If the drilling waste (cuttings and fluids) will
be disposed of on the OIL AND GAS FACILITYLOCATION, including a statement
describing the location and disposal method.
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J. A certified list of the names, addresses and the corresponding Parcel Identification Numbers
assigned by the County Assessor of BUILDING UNIT the -owners of property (the surface
estate) within 1,000 feet of the OIL AND GAS LOCATION. 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 aApplicant shall certify
that such list was assembled within thirty (30) days of the application submission date.
K. Where an authorized legal agent signs the application for the fee owners of the OIL AND
GAS FACILITY on behalf of the Applicant, a signed Surface Use Agreement, or a letter
granting -evidence of a power of attorney to the agent from such owners or other authorization
for the signature of the legal agent must be provided.
L. If applicable, an Improvements Agreement executed by the aApplicant. This Improvements
Agreement shall be in accordance with the County policy and documents for collateral for
improvements.
M. The applicant may need to work Applicant shall consult with the Weld County Office of
Emergency Management to put together an Emergency Action Plan, if needed the quantity
of the oil stored
N. Such additional information as may be required by the Department of Planning Services.
Sec. 23-2-1030. Review of application and issuance of Weld Oil and Gas Location
Assessment (WOGLA)-Permit.
The Department of Planning Services will review the WOGLA Permit WOGLA application
to determine if it is complete, which shall occur within seven (7) business days of the filing of the
application. At the discretion of the Applicant or the Director of Planning Services, an application
meeting may be required. If so, the aApplicant shall arrange for an application meeting with the
Department of Planning Services. The Planning Director may approve the WOGLA Permit, if he
or she determines that the application provides sufficient evidence showing that the standards set
forth in Sections 23-2-1010 and 23-2-1020, above, will be met. If the Planning Director determines
that the application does not provide sufficient evidence showing that the standards set forth in
Sections 23-2-1010 and 23-2-1020, above, will be met, he or she will forward the application to
the Board of County Commissioners for its review and consideration in a formal hearing before
the Board. The Department of Planning Services shall 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 WOGLA Permit. The reviews and comments submitted by a
referral agency are recommendations to the Board of County Commissioners:
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1. The Planning Commission or governing body of any town and county whose boundaries
are within 1,000 feet of the OIL AND GAS LOCATION.
2. The Weld County Department of Public Health and Environment.
3. The Weld County Department of Public Works.
4. The Colorado Division of Parks and Wildlife.
5. The Colorado Oil and Gas Conservation Commission.
6. The appropriate fire district.
7. Any irrigation ditch company with facilities on, or adjacent to, the OIL AND GAS
FACILITY.
8. To any other agencies or individuals to whom the Department of Planning Services
deems a referral necessary.
Provide the aApplicant with a sign notifying the public of the Board of County Commissioners'
hearing, which shall be posted by the aApplicant, adjacent to and visible from, a publicly
maintained road right-of-way. In the event the OIL AND GAS FACILITY is not adjacent to a
publicly maintained road right-of-way, one sign shall be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10)
days prior to the hearing by the Board of County Commissioners. Evidence that the
aApplicant posted the sign shall be provided to the Department of Planning Services.
C. Give notice of the hearing to those persons listed in the application as BUILDING UNIT
surface -owners of property located within 1,000 feet of the OIL AND GAS LOCATION. Such
notification shall be mailed first-class by the Department.
D. 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, sound land use planning
practices, comments received from agencies to which the proposal was referred, and
standards contained in Sections 23-2-1010 and 23-2-1020, above.
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. Notice of the
hearings shall be sent to persons listed in the application as BUILDING UNIT surface
property owners whose properties are located within 1,000 feet of the OIL AND GAS
LOCATION. Such notification shall be mailed first-class.
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Sec. 23-2-1040. Compliance with WOGLA Permit WOGLA standards.
An applicant for a WOGLA Permit WOGLA shall demonstrate conformance with, and shall
continue to meet, the WOGLA Permit WOGLA standards approved and adopted by the County.
Noncompliance with the approved WOGLA Permit WOGLA standards may be reason for
rescission of the WOGLA Permit WOGLA by the Board of County Commissioners.
Sec. 23-2-1050. Changes and termination of use.
A. Major changes from the approved WOGLA Permit WOGLA shall require the approval of an
amended WOGLA Permit WOGLA by the Weld County Planning Director. The Department
of Planning Services is responsible for determining whether a major change exists, in which
case a new WOGLA Permit WOGLA application and processing shall be required. Any other
changes shall be filed in the Department of Planning Services in the approved WOGLA
Permit WOGLA file.
B. Construction pursuant to approval of a WOGLA Permit WOGLA 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.
Sec. 23-2-1070. Rescission procedures.
A. If at any time following the approval of a WOGLA Permit WOGLA the Department of Planning
Services determines that one (1) or more of the WOGLA Permit WOGLA standards set forth
in Sections 23-2-1010 and 23-2-1020, above, has not been met, the Planning Director shall
notify the Operator of the OIL AND GAS FACILITY of the failure to meet the standard(s). The
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, 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 WOGLA standards set forth in Sections 23-2-1010 and 23-2-
1020, above, has not been met. Upon such a finding, the Board may rescind the WOGLA
Permit WOGLA and seek any appropriate legal remedies to cease the USE of the OIL AND
GAS FACILITY.
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. through H. — No change.
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I. OIL AND GAS FACILITIES.
1. WOGLA Permit WOGLA Required. No OIL AND GAS FACILITY shall be developed in
the A (Agricultural) Zone District until a WOGL-4Perm+-WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners in accordance
with the application procedures set forth in Article II, Division 10, of this Chapter.
Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District.
A. — No change.
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.
1. through 8. — No change.
9. OIL AND GAS FACILITIES.
a. WOGLA Permit WOGLA Required. No OIL AND GAS FACILITY shall be developed
in the R- 1 (Low -Density Residential) Zone District until a WOGLA PermitWOGLA has
been issued by the Department of Planning Services or the Board of County
Commissioners in accordance with the application procedures set forth in Article II,
Division 10, of this Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
A. — No change.
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.
1. through 14. — No change.
15. OIL AND GAS FACILITIES.
a. WOGLA Permit WOGLA Required. No OIL AND GAS FACILITY shall be
developed in the C-1 (Neighborhood Commercial) Zone District until a WOGLA
PerrWOGLA has been issued by the Department of Planning Services or the
Board of County Commissioners in accordance with the application procedures set
forth in Article II, Division 10, of this Chapter. Remainder of Section - No change.
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
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A. — No change.
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.
1. through 17. — No change.
18. OIL AND GAS FACILITIES.
a. WOGLA Permit WOGLA Required. No OIL AND GAS FACILITY shall be developed
in the C- 2 (General Commercial) Zone District until a WOGLA Permit WOGLA has
been issued by the Department of Planning Services or the Board of County
Commissioners in accordance with the application procedures set forth in Article II,
Division 10, of this Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
A. — No change.
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.
1. through 17. — No change.
18. OIL AND GAS FACILITIES.
a. WOGLA Permit WOGLA Required. No OIL AND GAS FACILITY shall be
developed in the C-3 (Business Commercial) Zone District until a WOGLA Permit
WOGLA has been issued by the Department of Planning Services or the Board of
County Commissioners in accordance with the application procedures set forth in
Article II, Division 10, of this Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
A. — No change.
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 in Articles IV and V of this Chapter.
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1. through 10. — No change.
11. OIL AND GAS FACILITIES.
a. WOOL -A- Par —WOGLA Required. No OIL AND GAS FACILITY shall be
developed in the C-4 (Highway Commercial) Zone District until a WOGLA Permit
WOGLA has been issued by the Department of Planning Services or the Board of
County Commissioners in accordance with the application procedures set forth in
Article II, Division 10, of this Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
A. — No change.
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.
1. through 11. — No change.12. OIL AND GAS FACILITIES.
a. WOGL-A Permit WOGLA Required. No OIL AND GAS FACILITY shall be
developed in the I-1 (Industrial) Zone District until a WOGLA Permit WOGLA has
been issued by the Department of Planning Services or the Board of County
Commissioners in accordance with the application procedures set forth in Article II,
Division 10, of this Chapter.
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 17. — No change.
18. PETROLEUM REFINERY.
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 19. No change.
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20. PETROLEUM REFINERY.
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 I. — No change.
J. OIL AND GAS FACILITIES.
1. WOGLA Permit WOGLA Required. No OIL AND GAS FACILITY shall be developed in
the E (Estate) Zone District until a WOGLA Permit WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners in accordance
with the application procedures set forth in Article II, Division 10, of this Chapter.
Add Sec. 23-3-550. Uses allowed by right.
A. OIL AND GAS FACILITIES.
1. WOGLA Permit WOGLA Required. No OIL AND GAS FACILITY shall be developed in
the A (Agricultural) Zone District until a WOGLA Permit WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners in accordance
with the application procedures set forth in Article II, Division 10, of this Chapter.
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 14
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The above and foregoing Ordinance Number 2015-26 was, on motion duly made and
seconded, adopted by the following vote on the 28th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
BY:
Deputy Clerk to the Board
Julie A. Cozad
APPROVED AS TO FORM:
Barbara Kirkmeyer
County Attorney
Steve Moreno
Publication:
First Reading:
Publication:
Second Reading:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Publication:
Final Reading:
Publication:
Effective:
November 3, 2015
December 14, 2015
December 23, 2015, in the Greeley Tribune
January 4, 2016
January 25, 2016
February 29, 2016
May 9, 2016
June 1,2016
July 18, 2016
August 24, 2016
September 28, 2016
October 17, 2016
October 31, 2016
November 9, 2016, in the Greeley Tribune
November 28, 2016
December 7, 2016, in the Greeley Tribune
December 12, 2016
PAGE 15
2016-0060
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WELD COUNTY
CODE ORDINANCE 2015-26
jAvit
pre-ttiad
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, 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:
DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or
alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage
improvements or alterations on the historic flow of drainage patterns or amounts, and the
placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND
GAS FACILITIES.
OIL AND GAS FACILITY Equipment or improvements used or installed for the exploration,
production, withdrawal, gathering, treatment, or processing of oil or natural gas; excluding
PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS, and all other pipelines and flowlines used or installed at the OIL AND GAS
FACILITY. The footprint of the OIL AND GAS FACILITY shall match the final location on the
interim reclamation area as shown on the State of Colorado Oil and Gas Commission Form 2A.
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2016-3594
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OIL AND GAS LOCATION: Shall mean the definable area(s) where an operator has
disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for
the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA) Permit pursuant
to Division 10 of the Code.
Table 23-1E
Land Use Process for Siting Oil and Gas Production Facilities
Zone R-1 R-2 R-3 R-4 R-5 C-1 C-2 C-3 C-4 I-1 1-2 1-3 E PUD A
Application UBR* UBR* UBR* UBR* UBR* UBR* UBR* UBR* UBR* UBR* UBR* UBR* UBR* UBR* UBR*
* UBR - Use by Right with a Weld Oil and Gas Location Assessment (WOGLA) Permit
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses
whose primary activity includes the following kinds of USES:
a. through g. — No changes.
h. Midstream activities including the processing, storing, transporting and marketing of oil,
natural gas and natural gas liquids.
OPERATOR: Any person who exercises the right to control the conduct of oil and gas
operations.
PETROLEUM REFINERY An industrial process plant where crude oil is processed and
refined into more useful products; such as, petroleum naphtha, gasoline, diesel fuel, asphalt base,
heating oil, kerosene and liquefied petroleum gas.
Add Division 10 - Weld Oil and Gas Location Assessment (WOGLA) Permit.
Sec. 23-2-1010. Intent and applicability.
A. A Weld Oil and Gas Location Assessment (WOGLA) Permit requires additional consideration
to ensure the OIL AND GAS FACILITY is developed in a manner that complies with various
standards set forth in Section 23-2-1020 of this Chapter that provide compatibility with USES
located within 1,000 feet of the OIL AND GAS LOCATION. The WOGLA Permit is designed
to protect and promote the health, safety, and welfare of the present and future residents of
the COUNTY.
B. A WOGLA Permit is required after JanuaryFebruary 1, 2017, for the construction of OIL AND
GAS LOCATIONSFACILITIES in all zone districts. A WOGLA Permit may include multiple
OIL AND GAS LOCATIONS on an individual permit, if it is located on a single surface owner's
property.
C. No OIL AND GAS FACILITY shall be constructed in any zone district until a WOGLA Permit
has been granted by the Department of Planning Services or the Board of County
Commissioners.
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D. The Department of Planning Services shall not issue a building permit for any OIL AND GAS
FACILITY in any zone district until a WOGLA Permit has been issued by the Department of
Planning Services or the Board of County Commissioners.
No WOGLA Permit shall be required for:
1. An OIL AND GAS FACILITY for which an application on a Form 2A has been submitted
to and is deemed complete by the Colorado Oil and Gas Conservation Commission on
or before February 1, 2017.
2. NRoutine well operations and subsequent operations, including, but not limited to,
swabbing, workovers, refracs, recompletions and normal repairs and maintenance of an
existing OIL AND GAS FACILITY, so long as such repairs and maintenance do not have
the effect of expanding or enlarging the original OIL AND GAS FACILITY by more than
fifty percent (50%).
2.3. One time expansion or enlargement of an OIL AND GAS FACILITY after
JanuaryFebruary 1, 2017, that increases the OIL AND GAS FACILITY by less than fifty
percent (50%).
3T4. Repairs or maintenance of an OIL AND GAS FACILITY required by a state or federal
compliance order
existing on or before January 1, 2017.
Any person or an OPERATOR filing an application for a WOGLA Permit shall comply with
the County procedures and regulations as set forth herein.
G. Any person or an OPERATOR filing an application for a WOGLA Permit shall comply with
Article V and Article XI of this Chapter if the proposal is located within any Overlay District
Area or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY.
H. Applications for a WOGLA Permit shall be completed as set forth in Section 23-2-1020,
below. The completed application and application fees shall be submitted to the Department
of Planning Services. No WOGLA Permit is required for an OIL AND GAS FACILI-T-Y for
which an application on a Form 2A ias been fi ec anc ceemec comp ete by tie State of
Co oraco Oi anc Gas Conservation Commission on or before January ' , 20' 7.
I The Department of Planning Services may require an applicantApplicant to submit an
Improvements Agreement for the construction of required improvements to mitigate impacts
caused by the OIL AND GAS FACILITY. The Improvements Agreement shall be made in
conformance 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 WOGLA Permit 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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2016-3594
ORD2015-26
Sec. 23-2-1020. Application requirements for WOGLA pPermit.
Any person or an OPERATOR shall be the Applicant for the WOGLA Permit.who intends to
apply for aA WOGLA Permit application shall arrange for a pre -application conference withbe
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 conferenceapplication meeting is to give the Aapplicant 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. An application for a WOGLA Permit on a form supplied by the Department of Planning
Services. The application shall include the following:
1. The name, address, and telephone number of the aApplicant.
2. Legal description of the OIL AND GAS FACILITYLOCATION under consideration.
3. Total acreage of the OIL AND GAS LOCATION.
4. Existing land USE of the property where the OIL AND GAS FACILITY will be located.
5. Present zone and overlay zones, if appropriate.
6. Signature of the Applicant.
Certification that notice of the application for the WOGLA Permit has been delivered to
owner(s) of properties located within 1,000 feet of the OIL AND GAS LOCATION, and to the
Planning Commission or governing body of any town, city, county and/or town, city and
county whose boundaries are within 1,000 feet of the OIL AND GAS LOCATION. Such
notice shall comply with the following:
The Applicant shall deliver a WOGLA notice to the following parties: owners of properties
located within 1,000 feet of the OIL AND GAS LOCATION (as determined by Weld County
Assessors record at the time of notice), the Weld County Local Government Designee (LGD),
and LGD's for municipalities located within 1,000 feet of the OIL AND GAS FACILITY. The
WOGLA notice shall inform the recipients they must respond to either the operator or the
County within 28 days of receiving the notice. Delivery of the WOGLA notice shall occur not
more than six (6) months prior to submitting an Oil and Gas Location Assessment or Form
2A to the Colorado Oil & Gas Conservation Commission. The WOGLA notice shall include
the following information:
1. The location and a general description of the proposed Well or OIL AND GAS
FACILITIES.
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2. The anticipated date operations will commence (by calendar quarter and year).
3. A "notification zone" drawing showing the names and addresses of the property owners
and municipalities whose properties or municipal boundaries are located within 1,000
feet of the OIL AND GAS FACILITY'S components.
4. A proposed access map, including off -site haul route(s).
5. A drawing showing the OIL AND GAS FACILITY and disturbed areas. The drawing shall
be a scaled drawing, or scaled aerial photograph showing the approximate outline of the
OIL AND GAS FACILITYLOCATION and all wells and/or production facilities used for
measuring distances shall be attached. The drawing shall include all visible
improvements within 1,000 feet of the proposed OIL AND GAS LOCATION, with a
horizontal distance and approximate bearing from the OIL AND GAS FACILITIES.
Visible improvements shall include, but not be limited to, all buildings and properties,
publicly maintained roads and trails, fences, above -ground utility lines, railroads,
pipelines or pipeline markers, mines, oil wells, gas wells, injection wells, water wells
known to the operator and those registered with the Colorado State Engineer, known
springs, plugged wells, known sewers with manholes, standing bodies of water, and
natural channels, including permanent canals and ditches through which water may flow.
If there are no visible improvements within 1,000 feet of a proposed OIL AND GAS
LOCATION, it shall be so noted on the map. The Location Drawing shall also include
the approved access(es) and proposed mitigation measures. the location, amount, size
osed LANDSCAPE material, including fencing, walls, berms or
other SCREENING.
6. A list of the OIL AND GAS FACILITYfacility components.
7. Notice A statement that the notice recipient
may request a meeting to discuss the proposed OIL AND GAS FACILITY by contacting
the County or the Operator.
8. Operator and COUNTY contact information.
After notice is received, additional information or proof of notice may be requested by
the County. Based on site specific considerations, the COUNTY may request that
additional parties be included in the notification.
An owner of property within 1,000 feet of a proposed OIL AND GAS LOCATION who
would be eligible to receive a WOGLA notice may, through letter delivered to the
Planning Director, waive future receipt of such notice(s).
C. If available at the time of noticing the WOGLA, evidence ofCertification in the application that
a Surface Use Agreement (SUA) or other document, including, but not limited to, a
Memorandum of SUA or an affidavit by the aApplicant, has been executed by the operator
and the surface owner(s) of the property where the OIL AND GAS LOCATION will be located,
demonstrating that the operator and surface owner have agreed to an OIL AND GAS
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LOCATION. If no SUA or other document is available at the time of noticingapplying for the
WOGLA Permit, the aApplicant shall proceed with the WOGLA Permit process and shall
provide a statement in the WOGLA noticeapplication that it is currently in SUA, or other
agreement negotiations, and that it will bond onto the OIL AND GAS LOCATION through the
Colorado Oil and Gas Conservation Commission, or otherwise utilize its legal right of access
as codified in C.R S. § 34-60-127. If bonding on, or otherwise utilizing its legal right of
access is required, the aApplicant shall provideinclude in the application certification a
statement to the Planning Director summarizing the aApplicant's attempts to obtain an SUA
from the surface owner(s) of the property where the OIL AND GAS LOCATION will be
located.
D. Certification that the aApplicant has notifiedcontacted and/or met with the owner(s) of
properties located within 1,000 feet of the OIL AND GAS LOCATION (as determined by Weld
County Assessor's record at the time of notice), the Weld County Local Government
Designee (LGD), and LGD's for municipalities located within 1,000 feet of the OIL AND GAS
LOCATION and has met with those notice recipients who have requested consultation.
E. 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 District Area or a Special Flood Hazard
Area identified by maps officially adopted by the COUNTY.
F. A statement which provides evidence of compliance with the following standards:
1. OIL AND GAS FACILITIES shall be located to minimize impact on agricultural
operations.
2. Dust control measures shall be employed as necessary during high traffic periods for
both on -site and off -site haul roads, including unpaved COUNTY roads when necessary
and in consultation with the COUNTY's Department of Public Works.
3. Traffic reduction measures shall be employed by operators when feasible: such as,
utilizing fresh water supply pipelines for completions and the use of centralized storage
facilities and/or transmission of crude oil via pipeline.
4. Haul routes shall be designated and developed in consultation with the COUNTY.
Municipal roadways which are part of the haul routes should be included in such
consultation.
5. Liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. The OIL AND GAS FACILITY shall comply with the Colorado Water Quality Control
Commission regulations.
7. Noise from drilling, completion activities, and production shall comply with the Colorado
Oil and Gas Conservation Commission Noise Control Regulation A -Scale Limits.
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8. Light sources shall be shielded or directed downward, and in a manner to reduce
impacts onto adjacent properties and dwellings.
9. Visual mitigation measures shall be considered and employed when feasible.
10. Site security measures shall be employed as necessary.
11. The OIL AND GAS FACILITY shall be maintained in such a manner to prevent noxious
weeds.
G. An access permit issued by the COUNTY's Department of Public Works.
H. If applicable, a statement describing the size and approximate location of all oil and gas,
and/or water pipelines, connecting to the OIL AND GAS FACILITY.
I. A statement describing the kind of vehicles (type, size, weight) that will access the OIL AND
GAS FACILITY during drilling and completion operations, and a defined access route. This
shall include a traffic narrative with the following information:
1. The number of roundtrips/day expected for each vehicle type: Passenger Cars/Pickups,
Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip=1 trip in and 1 trip out of site).
2. The expected travel routes or haul routes for the site traffic.
3. The travel distribution along the routes (e.g. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.).
4. The time of day when the highest traffic volumes are expected. A statement describing
who will provide fire protection to the site. If the drilling waste (cuttings and fluids) will
be disposed of on the OIL AND GAS LOCATIONFACILITY, including a statement
describing the location and disposal method.
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 1,000
feet of the OIL AND GAS LOCATION. 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.
K. Where an authorized legal agent signs the application for the fee owners of the OIL AND
GAS FACILITY on behalf of the Applicant, a signed Surface Use Agreement, or a letter
grantingevidence of a power of attorney to the agent from such owncrs or other authorization
for the signature of the legal agent must be provided.
L. If applicable, an Improvements Agreement executed by the aApplicant. This Improvements
Agreement shall be in accordance with the County policy and documents for collateral for
improvements.
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M. The applicant may need to workApplicant shall consult with the Weld County Office of
Emergency Management to put together an Emergency Action Planif needed.the quantity
of the oil stored at an OIL AND GAS FACILITY is over 2,000 bbl.
N. Such additional information as may be required by the Department of Planning Services.
Sec. 23-2-1030. Review of application and issuance of Weld Oil and Gas Location
Assessment (WOGLA) Permit.
The Department of Planning Services will review the WOGLA Permit application to
determine if it is complete, which shall occur within seven (7) business days of the filing of the
application. At the discretion of the Applicant or the Director of Planning Services, an application
meeting may be required. If so, the aApplicant shall arrange for an application meeting with the
Department of Planning Services. The Planning Director may approve the WOGLA Permit, if he
or she determines that the application provides sufficient evidence showing that the standards set
forth in Sections 23-2-1010 and 23-2-1020, above, will be met. If the Planning Director determines
that the application does not provide sufficient evidence showing that the standards set forth in
Sections 23-2-1010 and 23-2-1020, above, will be met, he or she will forward the application to
the Board of County Commissioners for its review and consideration in a formal hearing before
the Board. The Department of Planning Services shall 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 WOGLA Permit. The reviews and comments submitted by a
referral agency are recommendations to the Board of County Commissioners:
1. The Planning Commission or governing body of any town and county whose boundaries
are within 1,000 feet of the OIL AND GAS LOCATION.
2. The Weld County Department of Public Health and Environment.
3. The Weld County Department of Public Works.
4. The -Colorado Division of Parks and Wildlife.
5. The Colorado Oil and Gas Conservation Commission.
6. The appropriate fire district.
7. Any irrigation ditch company with facilities on, or adjacent to, the OIL AND GAS
FACILITY.
8. To any other agencies or individuals to whom the Department of Planning Services
deems a referral necessary.
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B. Provide the aApplicant with a sign notifying the public of the Board of County Commissioners'
hearing, which shall be posted by the aApplicant, adjacent to and visible from, a publicly
maintained road right-of-way. In the event the OIL AND GAS FACILITY is not adjacent to a
publicly maintained road right-of-way, one sign shall be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10)
days prior to the hearing by the Board of County Commissioners. Evidence that the
Applicant posted the sign shall be provided to the Department of Planning Services.
C. Give notice of the hearing to those persons listed in the application as surface owners of
property located within 1,000 feet of the OIL AND GAS LOCATION. Such notification shall
be mailed first-class by the Department.
D. 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, sound land use planning
practices, comments received from agencies to which the proposal was referred, and
standards contained in Sections 23-2-1010 and 23-2-1020, above.
E. 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. Notice of the
hearings shall be sent to persons listed in the application as surface property owners whose
properties are located within 1,000 feet of the OIL AND GAS LOCATION. Such notification
shall be mailed first-class.
Sec. 23-2-1040. Compliance with WOGLA Permit standards.
An applicant for a WOGLA Permit shall demonstrate conformance with, and shall continue
to meet, the WOGLA Permit standards approved and adopted by the County. Noncompliance
with the approved WOGLA Permit standards may be reason for rescission of the WOGLA Permit
by the Board of County Commissioners.
Sec. 23-2-1050. Changes and termination of use.
A. Major changes from the approved WOGLA Permit shall require the approval of an amended
WOGLA Permit by the Weld County Planning Director. The Department of Planning Services
is responsible for determining whether a major change exists, in which case a new WOGLA
Permit application and processing shall be required. Any other changes shall be filed in the
Department of Planning Services in the approved WOGLA Permit file.
B. Construction pursuant to approval of a WOGLA Permit 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.
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Sec. 23-2-1070. Rescission procedures.
A. If at any time following the approval of a WOGLA Permit the Department of Planning Services
determines that one (1) or more of the WOGLA Permit standards set forth in Sections 23-2-
1010 and 23-2-1020, above, has not been met, the Planning Director shall notify the Operator
of the OIL AND GAS FACILITY of the failure to meet the standard(s). The 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, 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 WOGLA Permit standards set forth in Sections 23-2-1010 and 23-2-1020, above,
has not been met. Upon such a finding, the Board may rescind the WOGLA Permit and
seek any appropriate legal remedies to cease the USE of the OIL AND GAS FACILITY.
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. through H. — No change.
I. OIL AND GAS FACILITIES.
1. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the
A (Agricultural) Zone District until a WOGLA Permit has been issued by the Department
of Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District.
A. — No change.
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.
1. through 8. — No change.
9. OIL AND GAS FACILITIES.
a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the
R- 1 (Low -Density Residential) Zone District until a WOGLA Permit has been issued
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by the Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
A. — No change.
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.
1. through 14. — No change.
15. OIL AND GAS FACILITIES.
a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the
C-1 (Neighborhood Commercial) Zone District until a WOGLA Permit has been
issued by the Department of Planning Services or the Board of County
Commissioners in accordance with the application procedures set forth in Article II,
Division 10, of this Chapter. Remainder of Section — No change.
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
A. — No change.
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.
1. through 17. — No change.
18. OIL AND GAS FACILITIES.
a. WOGLA Permit Required No OIL AND GAS FACILITY shall be developed in the
C- 2 (General Commercial) Zone District until a WOGLA Permit has been issued by
the Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
A. — No change.
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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.
1. through 17. — No change.
18. OIL AND GAS FACILITIES.
a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the
C-3 (Business Commercial) Zone District until a WOGLA Permit has been issued by
the Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
A. — No change.
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 in Articles IV and V of this Chapter.
1. through 10. — No change.
11. OIL AND GAS FACILITIES.
a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the
C-4 (Highway Commercial) Zone District until a WOGLA Permit has been issued by
the Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
Remainder of Section — No change.
Amend Sec. 23-3-310. I-1 (Industrial) Zone District.
A. — No change.
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.
1. through 11. — No change.12. OIL AND GAS FACILITIES.
a. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the
I-1 (Industrial) Zone District until a WOGLA Permit has been issued by the
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Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
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 17. — No change.
18. PETROLEUM REFINERY.
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 19. No change.
20. PETROLEUM REFINERY.
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 I. — No change.
J. OIL AND GAS FACILITIES.
1. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the
E (Estate) Zone District until a WOGLA Permit has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
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Add Sec. 23-3-550. Uses allowed by right.
A. OIL AND GAS FACILITIES.
1. WOGLA Permit Required. No OIL AND GAS FACILITY shall be developed in the
A (Agricultural) Zone District until a WOGLA Permit has been issued by the Department
of Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
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.
The above and foregoing Ordinance Number 2015-26 was, on motion duly made and
seconded, adopted by the following vote on the 28th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
BY:
Deputy Clerk to the Board
Julie A. Cozad
APPROVED AS TO FORM:
Barbara Kirkmeyer
County Attorney
Steve Moreno
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Publication:
First Reading:
Publication:
Second Reading:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Con't to:
Publication:
Final Reading:
Publication:
Effective:
November 3, 2015
December 14, 2015
December 23, 2015, in the Greeley Tribune
January 4, 2016
January 25, 2016
February 29, 2016
May 9, 2016
June 1, 2016
July 18, 2016
August 24, 2016
September 28, 2016
October 17, 2016
October 31, 2016
November 9, 2016, in the Greeley Tribune
November 28, 2016
December 7, 2016, in the Greeley Tribune
December 12, 2016
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