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Home My WebLink About20160068.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Benjamin Hansford, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2015-26 TOM PARKO IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE be recommended favorably to the Board of County Commissioners for the following reasons: Motion seconded by Bruce Sparrow. VOTE: For Passage Benjamin Hansford Bruce Johnson Bruce Sparrow Jordan Jemiola Joyce Smock Terry Cross Against Passage Absent Michael Wailes Nick Berryman Gene Stille The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 17, 2015. Dated the 17th of November, 2015. 41)%jekint-d Ai -442.41, Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2015.1 1.20 09:25:29 -07'00' 2016-0068 � `�'1��. - Ghe 1 Hoffman � �,� - �� -i� From: Bruce Barker D �� f Sent: Tuesday, November 29, 2016 8:15 AM To: Michelle Martin; Tom Parko Jr. Cc: Cheryl Hoffman; Esther Gesick; Troy Swain; Commissioners Subject: RE: 3rd reading BOCC hearing Attachments: Ord15-26 2rrB Reading with Industry and Staff Suggested Changes MM edits.docx .3�L �f I made two changes. In the new definitions we added yesterday, I had called them "Permits," so I deleted those words. Also added a period at the end of the definition for "UBR." Thanks for everyone's hard work on this ! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 „ e� , Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michelle Martin Sent: Monday, November 28, 2016 11:48 AM To: Bruce Barker <bbarker@co.weld .co. us>; Tom Parko Jr. <tparko@co.weld.co.us> Cc: Cheryl Hoffman <choffman@CO.WELD.CO. US>; Esther Gesick <egesick@co.weld .co.us>; Troy Swain <tswain@co.weld .co.us>; Michelle Martin <mmartin@co.weld .co.us> Subject: 3rd reading BOCC hearing Hi Everyone, Based on the comments I heard from the BOCC at today's hearing I have made the changes to the ordnance. Let me know if I missed anything or if I misunderstood the BOCC. Thanks for everyone's time and help with this ordnance. Michelle Martin Planning Manager 1555 N 17th Ave 1 � WELD 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. 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 : BUILD/NG UN/T: For the ur ose of obtainin a Weld Oil and Gas Assessment- P-2F+�}kt shall mean a Residential Buildin Unit and ever five thousand 5, 000 s uare feet of buildin floor area in commercial facilities or every fifteen thousand ( 15 000) square feet of buildinp floor area in warehouse� that are operatinq and normailv occupied durinq workina 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 O� L 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)�efa�, 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 G2 C3 C-4 I-1 I-2 I-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), RerFni� 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 Anv person who ex�rcises the riqht to control the conduct of oil and qas 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 ur ose of obtainfn a Weld Oil and Gas Assessment�err�i4 means a buildin or structure desi ned for use as a lace of residenc b a person a familv or families The term includes manufactured mobile and modular homes exceot to the extent that anv such manufactured mobile or modular home is intended for temporary occuoancv or for business purposes � Add Division 10 - Weld Oil and Gas Location Assessment (WOGLA��ermit. Sec. 23-2-1010. Intent and applicability. � A. A Weld Oil and Gas Location Assessment (WOGLA) Rerfn+�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 '^�^�o_er�i�UVpGLA is designed to protect and promote the health, safety, and welfare of the present and future residents of the COUNTY. � B . A 1Al9�LA-P�m(�WOGLA is required after dafli+ar�-February 1 , 2017, for the construction of PAGE 2 2016-3594 ORD2015-26 � � OIL AND GAS 69GR�t9N�.FACILITIES in all zone districts. A ��^��.��„�;r�/�/OGLA 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 4Y9��Q D� 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 uV8G6A—Rermi�-VVOGLA has been issued by the Department of Planning Services or the Board of County Commissioners. E . No UVO�IPrPeKfnit-V�/OGLA shall be required for: 1 . An OIL AND GAS FACILITY for which an a lication on a Form 2A has been submitted to the Colorado Oil and Gas Conservation Commission on or before February 1 2017 Ia-?. NRoutine well operations and subsequent �erations includinq but not limited to swabbinq 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%) . I �-3. One time expansion or enlargement of an OIL AND GAS FACILITY after darx�ary February 1 , 2017, that increases the OIL AND GAS FACILITY by less than fifty percent (50%). I �= Reoairs or maintenance of an OIL AND GAS L9�4�19PI�FACILITY required bv a state or federal compliance order�eF {�pfn.o i., ., � on � � �T. � F r°�"> ^'� �TA�eerson or an OPERATOR filin an a lication for a ;^'^�'' ^ ^-_— '• shall comply with the County procedures and egulatPons as set forth herei��WOGLA � G . Aa�-�eCser�AnV person or an OPERATOR filing an application for a 1�/9��A-RerinI�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 W9GL�4�er�+t-WOGLA shall be completed as set forth in Section 23-2- 1020, below. The completed application and application fees shall be submitted to the I Department of Planning Services. "'^ �^�^� � � o � �,4S! L-�-1! fe�- � i�a�d-6as-Ser�sewatioa�er�m+ssioa��y , ,�� I . The Department of Planning Services may require an a}�p4ica�ttp, licant to submit an Improvements Agreement for the construction of required improveme s 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 '^�^��n^-,-�,r � V�/OGLA 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. ISec. 23-2-1020. Application requirements for WOGLA�ermtt. " "'^^ �� fe�a-Anv person or an OPERATOR shall be the Applicant for the WOGLA��rrafE A �^�^� ��A,��,,,,;;_V�OGLA aoplication shall '"'"`�' "' be submitted to the Deqartment of Plannino Services for processinq and determination of whether the a lication is com lete and in com liance with the re uirements of this Section Uqon the Applicant's or PlanninQ Director's request made either before or after the submittal of the application there mav be an application meetinq between the Appli�ant 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 senfeFei�s�application rieetinq 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 VY9��P,—Re..T n-_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 �° ��. �o,�;TTLOCATIUN 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 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 aApplicant 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 PAGE 4 2016-3594 ORD2015-26 � WOGIA 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 �^��'.�„—s� 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 oroperties or municiqal 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 �AS��X-LOCATION and all wells and/or production facilities used for measuring distances shall be attached. The drawing shall inciude 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 I the approved access(es) and i nnincrno� « � i i � � o � �nunic ' �� r�--��posed mitiqation measures . � 6. A list of the OIL AND GAS FACILITY components . � � . �st�se-Ehat-t�e ��Y-eav�eF�nd/e�maaici�alit�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 ORD2015-26 M 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). I C }#�aa�� «h`�"�"'"c� Ae�� ,o� =n �"—.,�-a�Certification in the aoplication 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 I LOCATION. If no SUA or other document is available at the time of ae�rci��aqplvinq for the WOGLA�ernalt, the aApplicant shall proceed with the W9G�R-P--eF�nl� �/�/OGLA process and shall provide a statement in the WOGLA aeNseapplication 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 6 34-60- 127 . I#-ber�fag-er� # , �e-�sa��hall- �a p{�{em i 4 �h DI nj�� n�C�e� � n� �9v ' fr��.. , , .f...... v••`�� Ou1-fLIbC � � D. Certification that the aApplicant has seF#asted-a�Fe�r�et__Y,,}{p_notified the owner(s) of BUILDING UNITS pFeFJ@({I2�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 redpients who have re uested 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 I 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 FACIUTY shall compiy 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= l 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 ihe 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-FF4C�61�LOCATION , including a statement describing ihe location and disposal method. J . A certified list of the names , addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surtace 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 ORD2015-26 � K. Where an authorized legal agent signs the application for �h�� F�=� ..,,�,T�the OIL AND GAS FACILITY on behalf of the Applicant, a �ee..,e + � « y '�+gevidence of a power of attorney to-the-ag�P^� F�^^+ � or other authorization for the siqnature of the leqal aqent 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. I M . The ap�4isa�t-�tay—i�eed_ta _werk_.Applicant shall consult with the Weld County Office of Emergency Management to put together an Emergency Action Plan� if needed�#e �aak+ty ea +ti�oKe� ata�a-O1L--A�+1B-6A�-�n � �,o.�T_v �,T^`�r�;999-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)�ermit. � The Department of Planning Services will review the 4VO�A �erfait-WOGLA application to determine if it is complete, which shall occur within seven (7) business days of the filing of the I application . At the discretion of the A�plicant 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 Per-m+t, 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�ern�iE. 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. �h�Colorado 9ivisien�#- 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. IB . 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 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 �^��.w�-o_—.;� yyOGLA standards. An applicant for a 1N8� � ^�,.;��rOGLA shall demonstrate conformance with , and shall continue to meet, the WF��6� �,- �;,�rWOGLA standards approved and adopted by the County. Noncompliance with the approved ll�/9��ermit-VVOGLA standards may be reason for rescission of the V�9C� ��-WOGLA_by the Board of County Commissioners. Sec. 23-2-1050. Changes and termination of use. I A. Major changes from the approved rN-^o�=��P�ra�WOGLA, .shall re uire the a amended '"'^�' ^ � q pproval of an --��WOGLA by 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 M I case a new +^'^� ��ti,,,,:��/�/pGLA application and processing shall be required. Any other changes shall be filed in the Department of Planning Services in the approved uV96LA P�rmtfWOGLA file. I B. Construction pursuant to approval of a `^�^r' ��ti.,,-,;;.�n/OGLA 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. 23-2-707D. Rescission procedures. IA. If at any time following the approval of a '^�^�'�.,;� �/�/OGLA the Department of Planning Services determines that one ( 1 ) or more of the YV96L,4D�,�1n/OGLA 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 I more of the uV96LA-�a�it-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 VY9E�LA D��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 . I � �� "�. .:.' WOGLA Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a W9�LA-Reraa+t-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. 233-110. 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 PAGE 10 2016-3594 OF2D2015-26 � 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 Required. No OIL AND GAS FAGLITY shall be developed in the R- 1 (Low-Density Residential) Zone District until a lAf96L,4-Pe�a�UVOGLA 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. 23-3-270. 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 . I a lninr_i�� WOGLA Required . No OIL AND GAS FACILITY shall be developed in the C- 1 (Neighborhood Commercial) Zone District until a �19��A o��-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. 233-220. 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 . � PAGE 11 2016-3594 ORD2015-26 Ia �'�n�'��WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C- 2 (General Commercial) Zone District until a �^�^r' �,�^ � ,,;rWOGLA 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. I a �� "—_- ��m�WOGLA Required . No OIL AND GAS FACILITY shall be developed in the C-3 (Business Commercial) Zone District until a W9G� �,�,�� 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 . I a �8��° ��—WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-4 (Highway Commercial) Zone District until a �A��A-?�r�nit 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 . PAGE 12 2016-3594 ORD2015-26 � 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. l2 . OIL AND GAS FACILITIES . a. We6L�i--�e�+iia�--WOGLA Required . No OIL AND GAS FACILITY shall be developed in the I- 1 (Industrial) Zone District until a ':!^��ti,. ,��n/OGLA 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. I-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 I-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. 23-3330. I-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 I-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 PAGE 13 2016-3594 ORD2015-26 � 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 . � ��°��:'�WOGLA Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone District until a VVF�� o�n-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. 233-550. Uses allowed by right. � A. OIL AND GAS FACILITIES . I � �B��A-�*+�WOGLA Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a Va/9�L,4PeFa+it-VVOGLA 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 2016-3594 ORD2015-26 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 : November 3, 2015 First Reading: December 14, 2015 Publication : 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'tto 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 PAGE 15 2016-3594 ORD2015-26 Cheryl Hoffman From: Tom Parko Jr. ��J�,`""" //// 7/l �o Sent: Thursday, November 17, 2016 9:45 AM _ To: Esther Gesick; Cheryl Hoffman _� �2Q- Cc: Michelle Martin Subject: FW: Revised Oil and Gas Draft Attachments: Ord15-26 2nd Reading with Industry and Staff Sugge d Changes.docx See attached . This is the latest version we will move forward with for 3rd reading on the 28th. Thanks ! Tom Parko, M .A. Director of Planning Services Weld County Dept. of Planning Services 1555 N . 17th Avenue Greeiey, CO. 80631 Office: 970-400-3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From : Bruce Barker Sent: Thursday, November 17, 2016 8:33 AM To: Tom Parko Jr. <tparko@co.weld.co.us>; Michelle Martin <mmartin@co .weld.co. us>; Troy Swain <tswain @co.weld .co.us> Subject: Revised Oil and Gas Draft Please review and let me know if OK. I think I made all the changes the Board wants. Let me know if I missed anything. i Bruce T. Barker, Esq. We�d County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . 2 WELD 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 Ru�e 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 ceRain existing Chapters of the Weid 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 instatled 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. PAGE 1 2016-0060 ORD2015-26 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 Iocate 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. Tab/e 23-1E � Land Use Process for Siting Oil and Gas Production Facilities IZone R-1 R-2 R-3 R-4 � R-5 C-1 C-2 C3 C-4 I-1 I-2 I-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: Anv person who exercises the riqht to control the conduct of oil and qas 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. Inte�t 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 daaaary-February 1 , 2017, for the construction of OIL AND GAS 69EA�19N�FACILITIES 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. PAGE 2 2016-0060 ORD2015-26 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 bv the Colorado Oil and Gas Conservation Commission on or before February 1 , 2017. a-2. P1Routine well operations and subsequent operations includinq but not limited to swabbinq 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 da�uary February 1 , 2017 , that increases the OIL AND GAS FACILITY by less than fifty percent (50%) . �q, Repairs or maintenance of an OIL AND GAS L9SA�l9N�FACILITY required bv a state or federal compliance order.,� �' ^n,�on-a� ti � i .... ..�., � on � � 9 � � � F. ° ^��. ,.., ;��r��Anv person or an OPERATOR filing an application for a WOGLA Permit shall comply with the County procedures and regulations as set forth herein . � G . ^ ^�•�TAnv 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. � � I . The Department of Planning Services may require an applisan�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. 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. � PAGE 3 2016-0060 ORD2015-26 i � Sec. 23-2-1020. Application requirements for WOGLA pPermit. Anv person or an OPERATOR shall be the Aoplicant for the WOGLA Permit. A WOGLA Permit aoplication shall e�safefeFlce�M-be submitted to the De�artment of Plannina Services for processinq and determination of whether the application is comolete and in comoliance with the reauirements of this Section. U�on the ApqlicanYs or Plannina Director's request made either before or after the submittal of the aqplication there mav be an aoplication meetinq between the Aoolicant 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 �^^'.ro. ��.,� application meetinq 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 � ^ ��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 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 aApplicant 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: PAGE 4 2016-0060 ORD2015-26 � 1 . The location and a general description of the proposed `^��'T,�;-o�OIL AND GAS FACILITIES . 2. The anticipated date operations will commence (by calendar quaRer and year). 3. A "notification zone" drawi�g 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 Fer '-.�.'��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 +" ' ' ' ^' ` ` '' i enine�n�ooeo�_,,,� i i .+� � u ti .tio. c�oGGn� � n�� proDosed a a mitiqation measures. � 6. A list of the OIL AND GAS FACILITY components. I 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 . 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). �. ,f � , ,,, , ,,, +� f «� �L. �Nnr� 0 e.,�.+o..�o �f 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 PAGE 5 2016-0060 ORD2015-26 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 I LOCATION . If no SUA or other document is available at the time of Retfsi�g applvinq for the WOGLA Permit, the aApplicant shall proceed with the WOGLA Permit process and shall provide a statement in the WOGLA raeHc�aoplication 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� r��,.:�� , the aA licant shall _Pp pFewd�include in the aoplication certification a statement summarizing the aApplicanYs 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 ^^^f�^��+ � ^�+� + f� notifed 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 reauested 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. PAGE 6 2016-0060 ORD2015-26 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= l 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 � °,-„�!=;TTLOCATION , 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 the owners of property (the surface estate) within 1 ,000 feet of the OI � 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 OIL AND GAS FACILITY on behalf of the Applicant, , graaNagevidence of a power of attorney or other authorization for the siqnature of the leqal aqent must be provided. PAGE 7 2016-0060 ORD2015-26 � 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. I M. The Applicant shall consult with the Weld County Office of Emergency Management to put together an Emergency Action Plan, if needed-t#�e--�aat+ty 'i �+..�°a �� nn enin rnc rn �n iTv � , 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 shali occur within seven (7) business days of the filing of the I appiication. 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. �Colorado Bfvisien-e�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. PAGE 8 2016-0060 ORD2015-26 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 shali 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 surface owners of property located within 1 ,000 feet of the OIL AND GAS LOCATION . Such notification shail be mailed first-class by the Department. D. Prepare staff comments addressing all aspects of the application, its conformance with the Weid 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. PAGE 9 2016-0060 ORD2015-26 Sec. 23-2-7040. 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. 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. PAGE 10 2016-0060 ORD2015-26 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. 6. 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 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. Ame�d 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 shail hereafter be erected , structurally a�tered, eniarged 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 contai�ed 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 DepaRment 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. PAGE 11 2016-0060 ORD2015-26 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 foRh 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 foliowing USES which must be conducted in compliance with performance standards contained in Section 23-3- � 2� below. USES within the C-3 Zone District shall also be subject to additionai 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) 2one District. A. — No change. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or iand shal� 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. PAGE 12 2016-0060 ORD2015-26 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 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. I-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 I-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. I-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 I-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. PAGE 13 2016-0060 ORD2015-26 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 I 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 I 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 DepaRment 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 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 Cierk 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 2016-0060 ORD2015-26 The above and foregoing Ordinance Number 2015-26 was, on motion duly made and seconded , adopted by the tollowing vote on the 28th day of November, A. D. , 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County C�erk 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: November 3, 2015 First Reading : December 14, 2015 Publication: 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 PAGE 15 2016-0060 ORD2015-26 . L.�� \�"J2�� ` . ✓ PROPOSED MODIFICATIONS �i�� ,. TO THE WELD COUNTY CODE (WCC) �� CHAPTER TO BE MODIFIED: Chapter 23 l d�� l/� SECTION (S) PROPOSED TO BE MODIFIED : See below RATIONALE FOR MODIFICATION : These Codes changes will make construction of OIL AND GAS FACILITIES in Weld County a Use by Right in I all zone districts, but will require the issuance of a new Weld Oil and Gas � Location Assessment (��kWOGLA) Permit prior to obtaining building permits . The ��WOGLA Permit will be reviewed and granted by the Director of Planning Services, unless one or more criteria are not met, in which case I the Permit will be forwarded to the Board of County Commissioners for review. PROPOSED MODIFICATION : Delete definition of and any reference to OIL AND GAS PRODUCTION FACILITY in Chapter 23 . Changes to various sections in ARTICLE I — General Provisions : Section 23- 1 -90 — Definitions . 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 FACILITIE5 . 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 I 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 obtainin� a Weld Oil and Gas Location Assessment ( WOGLA ) permit pursuant to Division 10 of the Code Table 23 - 1E Zone R- 1 R-2 R-3 R-4 R-5 G1 G2 C-3 C-4 I- 1 I -2 I - 3 E P UD A Application UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * I UBR * - Use by Right with a Weld Oil and Gas �eLocation Assessment (�,4WOGLA ) Permit 1 � �� 3ge . OIL AND GAS SUPPORTAND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES : a . Parking and maintenance of exploration, production or workover equipment . b . Equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contractors . c . Parking and maintenance for tank and water service companies. d . Storage and rental yards for pipe and production equipment . e . Field OFFICES USED by production - related records and maintenance personnel . f. Disposal and recycling sites for production waste ( except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on-site storage occurs ), except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials . g. Oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market . h . Midstream activities including the processing, storing, transporting and marketing of oil , natural gas and natural gas liquids . 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 . Changes to various sections in Article III — Zone Districts : Agricultural Sec . 23 -3-20 . - Uses allowed by right. I . OIL AND GAS FACILITIES . 1 . �,4WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the A ( Agricultural ) Zone District until a �AWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with I the application procedures set forth in Article II , Division 10 of this Chapter. PUD Sec . 23- 3-550 . - Uses allowed by right . 2 � Page A . OIL AND GAS FACILITIES . I 1 . aAF9F�AWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the A Zone District until a �AWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. I Estate Sec . 23-3 -410 . - Uses allowed by right . J . OIL AND GAS FACILITIES . I 1 . �1F9FrS+4WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the E ( Estate ) Zone District until a �AF9�-SA�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 Article II , Division 10 of this Chapter. Commercial Sec. 23 -3-210. - C- 1 ( Neighborhood Commercial ) Zone District . B . Uses Allowed by Right . 15 . OIL AND GAS FACILITIES . I a . �AWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the C- 1 ( Neighborhood Commercial ) Zone District until a �AWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. Sec. 23 -3-220 . - G2 ( General Commercial ) Zone District . � B . Uses Allowed by Right . 17 . OIL AND GAS FACILITIES . I a . �F9�SAWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the C- 2 ( General Commercial ) Zone District until a ��lWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. Sec . 23-3 -230. - C-3 ( Business Commercial ) Zone District . 3 � �� age � B . Uses Allowed by Right . 18 . OIL AND GAS FACILITIES . I a . �AFBFrSAWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the C- 3 ( Business Commercial ) Zone District until a �9F'�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 Article II , Division 10 of this Chapter. � Sec . 23-3-240 . - C-4 ( Highway Commercial ) Zone District . B . Uses Allowed by Right . 11 . OIL AND GAS FACILITIES . I a . �SAWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the C- 4 ( Highway Commercial ) Zone District until a �AWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter . Industrial Sec. 23-3 -310. - I - 1 ( Industrial ) Zone District . B . Uses Allowed by Right . 12 . OIL AND GAS FACILITIES . a . �RWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the I - 1 ( Industrial ) Zone District unti ) a �F9�AWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter . Sec . 23 - 3 -320 . - I -2 ( Industrial ) Zone District . D . Uses by Special Review . 18 . PETROLEUM REFINERY. Sec. 23-3 -330 . - I -3 ( Industrial ) Zone District . D . Uses by Special Review. 20 . PETROLEUM REFINERY. 4 � Page Residential Sec . 23 - 3- 110 . - R- 1 ( Low- Density Residential ) Zone District . B . Uses Allowed by Right . 9 . OIL AND GAS FACILITIES . I a . �AF8�4WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the R- 1 ( Low- Density Residential ) Zone District until a �A�WOGLA Permit has been issued by the Department of Planning Services or the Board ofCounty Commissioners in accordance with the application procedures set forth Article II, Division 10 of this Chapter. � Changes to various sections in ARTICLE II — Procedures and Permits : I Division 10 - Weld Oil and Gas �eLocation Assessment (�9�SAWOGLA ) Permit. Sec. 23-2 - 1010 . - Intent and applicability . I A. A Weld Oil and Gas �eLocation Assessment (�SAWOGLA ) 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 I USES located within 1,000 feet of the OIL AND GA� � ^.�-,-,-�� LOCATION . The �1F8�SAWOGLA Permit is designed to protect and promote the health, safety, �� ^ �� ^ ;� ^�� ^ �+ ^ ^ ^ � �^ � and welfare of the present and future residents of the COUNTY. B . A �F9f,�AWOGLA Permit is required after January 1 , 2017 , for the construction of OIL AND GAS � " '' '�. '�',�LOCATIONS in all zone districts . A WOGLA permit mav include multiple OIL AND GAS LOCATIONs on an individual permit if it is located on a sin� le surface owner' s property I C . No OIL AND GAS FACILITY shall be �' ^� �� constructed in any zone district until a �AWOGLA 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 I FACILITY in any zone district until a �F9�SAWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners . I E . No �AF9�SAWOGLA Permit shall be required for: 1 . Normal repairs and maintenance of an existing OIL AND GAS FACILITY, so long as such repairs I and maintenance do not have the effect of expanding or enlarging the nrirt� orfginal OIL AND GAS FACILITY by more than 50% . 2_One time expansion or enlargement of an OIL AND GAS FACILITY after January 1, 2017, that I increases the OIL AND GAS FACILITY by less than 50% . 5 � ? age �3 . Any workovers or recompletes on any OIL AND GAS LOCATIONS existin � on or before January 1 , 2017 I F . Any person filing an application for a �FB�'rSAWOGLA Permit shall comply with the County procedures and regulations as set forth herein . I G . Any person filing an application for a �AFBFrSAWOGLA 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. I H . Applications for a aAF96-�RWOGLA 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 �F9�AWOGLA Permit is required for an OIL AND GAS FACILITY for which an application on a �^ •, �„m,�TForm 2A has been filed and deemed complete by the State of Colorado Oil and Gas Commission on or before January 1, 2017 . 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 prior to operation . I J . The review, consideration and issuance of a �F9�-S�lWOGLA 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 . Sec . 23 -2- 1020 . - Application requirements for �AF9Fr�AWOGLA permit . Any person wanting to apply for a �AWOGLA Permit shall arrange for a pre-application conference with the Department of Planning Services, which may be accomplished throu � h face-to-face meetin�, electronic mail exchan�e , or conference call as determined by the Department of Plannin� Services . The purpose of the conference 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 : I A. An application for a �P�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 applicant nf + L� o (lll AAlfl GAC CA !' ll IN io n�* + L+�+ -+ nr+ li� -� n+ if rli{{oror++ fr� m �+ hr�� ie �2 . Legal description of the OIL AND GAS FACILITY under consideration . I 4. 3 . Total acreage of the OIL AND GAS LOCATION . 6 � � age �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 . Signatures of the applicant � ^ �"� � ^ �- � ^ � �� ^ - * h � ; - � * ti � � � * b b I B . Certification that notice of the application for the ��RWOGLA Permit has been delivered to owner( s) of properties located within 1, 000 feet of the OIL AND GA� � ^..T,-,� �� LOCATION , and to the planning commission or governing body of any town, city, county and/or town, city and county I whose boundaries are within 1, 000 feet of the OIL AND GAS � "-�TLOCATION . Such notice shall comply with the following : I The applicant shall deliver a �1/9�SAWOGLA notice to the following parties : owners of properties located within 1,000 feet of the OIL AND GAS � ^ ��TLOCATION ( as determined by Weld County Assessors record at the time of notice ), the Weld County Local Government Designee ( LGD ), LGD' s for municipalities located within 1, 000 feet of the OIL AND GAS FACILITY. The aFVA� -SAWOGLA 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 �AWOGLA notice shall occur not more thana�-lea�s� � � �' , , ,� h „+ ^ ^ * ^, ^ -� � � , � 6 months; prior to submitting for an Oil and Gas Location Assessment or Form 2A to the Colorado Oil & Gas I Conservation Commission . The �F9�SAWOGLA 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 located within 1000 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 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 I proposed OIL AND GAS � ^ �,-.,ti ',�;TLOCATION �' � �+ � ��;"-��; 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 I visible improvements within 1,000 feet of a proposed OIL AND GAS � ^��-TTLOCATION, 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; 7 � � age 6 . A list of facility components; 7 . Notice that the property owner and/or municipality may request a meeting to discuss the proposed OIL AND GAS FACILITY by contacting the County or the Operator; and 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 GASLOCATION who would be eli� ible to receive a WOGLA notice may, throu� h letter delivered to the Plannin� Director, waive future receipt of such notice ( s ) . C . th '++ * hi+ i+ v+�+ r^. *� r -� nr� o � � rf�+ r� �umer hovo ortro�� t� �+ r� (lll nnin r_ nc � nru iTv i,.� �r�., ., Ifavailable at the time of noticin� the WOGLA, evidence of a surface use a� reement ( SUA) or other document, including but not limited to , a Memorandum of SUA or an affidavit bv the applicant, executed by the operator and the surface owner( s ) of the propertv where the OIL AND GAS LOCATION will be located , demonstratin� that the operator and surface owner have a � reed to an OIL AND GAS LOCATION . If no SUA or other document is available at the time of noticin� the WOGLA, then the applicant shall proceed with the WOGLA process and shall provide a statement in the WOGLA notice that it is currently in SUA or other a� reement ne�otiations, and that it will bond onto the OIL AND GAS LOCATION throu�h the Colorado Oil and Gas Conservation Commission or otherwise utilize its le�al ri�ht of access. If bondin� on or otherwise utilizin� its le�al ri� ht of access is required , the applicant shall provide a statement to the Plannin� Director summarizin� the applicant' s attempts to obtain an SUA from the surface owner( s ) of the propertv where the OIL AND GAS LOCATION will be located . � D . Certification that the applicant has contacted and/or met with the owner( s ) of properties I 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 I ( LGD) , LGD' s for municipalities located within 1,000 feet of the OIL AND GAS � " ��LOCATI O N . 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; 8 � Rage 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; 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 and 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; and 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 . I H . If applicable , a,4 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= l trip in and I 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% oftraffic will come from the north , 20% from the south, 30% from the east, etc. ) . 9 � � age 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 FACILITY, including a statement describing the location and disposal method . J . A certified list of the names, addresses and the corresponding Parcel Identification Numbers I assigned by the County Assessor of the owners of property (the surface estate ) within e+�e #�easa-ad� 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 or 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 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, a signed surface use agreement, or a letter granting power of attorney to the agent from such owners must be provided . enin r_ nc � nrii iTv I�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. A�:M . The applicant may need to work with the Weld County Office of Emergency Management to put together an Emergency Action Plan if 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 . I Sec . 23 -2- 1030 . - Review of application and issuance of Weld Oil and Gas �+�eLocation Assessment (�AWOGLA ) Permit . I The Department of Planning Services will review the �AWOGLA Permit application to determine if it is complete, which shall occur within 7 business days of the filing of the application . At the discretion of 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 I may approve the ��RWOGLA 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 l0 � Page 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 I proposed aAF9�SRWOGLA 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 I within a 1, 000 feet of the OIL AND GAS � "-�-,�� TLOCATION ; 2 . The Weld County Department of Public Health and Environment; 3 . The Weld County Department of Public Works; 4 . The Colorado Division of 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; and 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 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 I located within 1,000 feet of the OIL AND GAS � ^�TLOCATION . Such notification shall be mailed first-class by ihe 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 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 I within 1, 000 feet of the OIL AND GAS � ^�TLOCATION . Such notification shall be mailed first- class . 11 � ?' age I Sec . 23-2 - 1040 . - Compliance with �4F9f-SAWOGLA Permit standards . An applicant for a �AWOGLA Permit shall demonstrate conformance with and shall continue to meet the ��WOGLA Permit standards approved and adopted by the County . Noncompliance with the approved �AWOGLA Permit standards may be reason for rescission of the �AF9�AWOGLA Permit by the Board of County Commissioners . Sec. 23-2 - 1050 . - Changes and termination of use . I A. Major changes from the approved W�-SAWOGLA Permit shall require the approval of an amended �AWOGLA 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 I new aN9f�,4WOGLA Permit application and processing shall be required . Any other changes shall be filed in the Department of Planning Services in the approved �F9f,�AWOGLA Permit file . I B . Construction pursuant to approval of a �AWOGLA Permit shall be commenced, and continual progress made within 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 aAt any time following the approval of a �AWOGLA Permit the Department of Planning Services determines that one ( 1 ) or more of the �AWOGLA Permit standards set forth in Sections 23 -2- 1010 and 23-2- 1020, above, has not been met,- the Plannin� Director shall notifv the eOperator of the OIL AND GAS FACILITY of the failure to meet the standard ( s ) . The Operator will be � iven 30 days in which to cure the failure to comply with the standard ( s) . If at the end of the 30 days the failure to complv 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 I of the �AWOGLA 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. 12 � � age _ __ , _ __ _ _ _ _ .,.-� -,w. �„� � � �/�� . PROPOSED MODIFICATIONS �,,�%�" . TO THE WELD COUNTY CODE (WCC) ��ir /`�'K��}'J �/ CHAPTER TO BE MODIFIED : Chapter 23 �� SECTION (S) PROPOSED TO BE MODIFIED : See below / � � �/ �� RATIONALE FOR MODIFICATION : These Codes changes will make construction of OIL AND GAS FACILITIES in Weld County a Use by Right in I all zone districts, but will require the issuance of a new Weld Oil and Gas �Location Assessment (�AWOGLA) Permit prior to obtaining building permits . The �9�SAWOGLA Permit will be reviewed and granted by the Director of Planning Services, unless one or more criteria are not met, in which case the Permit will forwarded to the Board of County Commissioners for review. PROPOSED MODIFICATION : Delete definition of and any reference to OIL AND GAS PRODUCTION FACILITY in Chapter 23 . Changes to various sections in ARTICLE 1 — General Provisions: Section 23- 1 -90 — Definitions . 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 I 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 LOCAT/ON: 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 obtainin� a Weld Oil and Gas Location Assessment permit pursuant to Division 10 of the Code . Table 23- 1E Zone R- 1 R-2 R-3 R-4 R-5 C- 1 C-2 C-3 C-4 I - 1 I -2 I - 3 E PUD A Application UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * UBR * I UBR * - Use by Right with a Weld Oil and Gas �eLocation Assessment (�AF9�SAWOGLA) Permit 1 � Page r OIL AND GAS SUPPORTAND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES : a . Parking and maintenance of exploration, production or workover equipment . b . Equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contractors . c . Parking and maintenance for tank and water service companies . d . Storage and rental yards for pipe and production equipment . e . Field OFFICES USED by production- related records and maintenance personnel . f. Disposal and recycling sites for production waste ( except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on-site storage occurs ), except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials. g . Oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market . h . Midstream activities including the processing, storing, transporting and marketing of oil, natural gas and natural gas liquids . 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. Changes to various sections in Article III — Zone Districts : Agricultural Sec. 23 -3-20 . - Uses allowed by right. I . OIL AND GAS FACILITIES . I 1 . �,4WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the A ( Agricultural ) Zone District until a ��4WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. PUD Sec . 23-3 -550. - Uses allowed by right . 2 � � age . A . OIL AND GAS FACILITIES . I 1 . �SAWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the A Zone District until a �,4WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. I Estate Sec. 23-3 -410 . - Uses allowed by right . J . OIL AND GAS FACILITIES . I 1 . ��4WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the E ( Estate ) Zone District until a �AF9��,4WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II, Division 10 of this Chapter. Commercial Sec. 23-3 -210. - C- 1 ( Neighborhood Commercial ) Zone District . B . Uses Allowed by Right . 15 . OIL AND GAS FACILITIES . I a . �AFBFrSAWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the C- 1 ( Neighborhood Commercial ) Zone District until a �AF9�SJ�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 Article II , Division 10 of this Chapter. Sec. 23-3-220 . - C-2 (General Commercial ) Zone District . B . Uses Allowed by Right . 17 . OIL AND GAS FACILITIES . a . �AWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the C- 2 ( General Commercial ) Zone District until a �AWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II, Division 10 of this Chapter. Sec . 23 -3 -230. - C-3 ( Business Commercial ) Zone District. 3 � Page , B . Uses Allowed by Right . 18 . OIL AND GAS FACILITIES . I a . �9�-SAWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the C- 3 ( Business Commercial ) Zone District until a �AF9�/�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 Article II , Division 10 of this Chapter. � Sec . 23 -3-240 . - C-4 ( Highway Commercial ) Zone District. B . Uses Allowed by Right . 11 . OIL AND GAS FACILITIES . I a . �AWOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the C- 4 ( Highway Commercial ) Zone District until a �F9�AWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II, Division 10 of this Chapter. Industrial Sec . 23-3 -310 . - I- 1 ( Industrial ) Zone District . B . Uses Allowed by Right . 12 . OIL AND GAS FACILITIES . a . aAF9�rS,4WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the I - 1 ( Industrial ) Zone District until a ��,4WOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. Sec . 23 -3 -320. - I-2 ( Industrial) Zone District . D . Uses by Special Review . 18 . PETROLEUM REFINERY. Sec . 23-3-330 . - I -3 ( Industrial ) Zone District . D . Uses by Special Review. 20 . PETROLEUM REFINERY. 4 � Page Residential Sec . 23-3 - 110 . - R- 1 ( Low- Density Residential ) Zone District. B . Uses Allowed by Right . 9 . OIL AND GAS FACILITIES . a . �,4WOGLA Permit Required . No OIL AND GAS FACILITY shall be developed in the R- 1 ( Low- Density Residential ) Zone District until a aAE9�-�WOGLA Permit has been issued by the Department of Planning Services or the Board ofCounty Commissioners in accordance with the application procedures set forth Article II, Division 10 of this Chapter. � Changes to various sections in ARTICLE II — Procedures and Permits : I Division 10 - Weld Oil and Gas �eLocation Assessment (�AWOGLA) Permit. Sec . 23 -2 - 1010. - Intent and applicability. I A. A Weld Oil and Gas �eLocation Assessment (��4WOGLA) 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 I USES located within 1,000 feet of the OIL AND GAS � ^�TLOCATION . The �AWOGLA Permit is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B . A �AI8�,4WOGLA Permit is required after January 1, 2017 , for the construction of OIL AND GAS � " � '�'.�-LOCATIONS in all zone disiricts . A WOGLA Permit mav include in an individual permit submittal bv an applicant more than one OIL AND GAS LOCATION on a sin� le surface owner's property . I C . No OIL AND GAS FACILITY shall be developed in any zone district until a �AWOGLA 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 I FACILITY in any zone district until a �AF9�-SAWOGLA Permit has been issued by the Department of Planning Services or the Board of County Commissioners. I E . No ��4WOGLA Permit shall be required for: 1 . 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 originally OIL AND GAS FACILITY by more than 50%a. 2_One time expansion or enlargement of an OIL AND GAS FACILITY after January 1, 2017, that increases the OIL AND GAS FACILITY by less than 50% . 5 � �' age I �3 . Any workovers or recompletes on anv OIL AND GAS LOCATIONS existin � on or before January 1 , 2017 I F. Any person filing an application for a �A�SAWOGLA Permit shall comply with the County procedures and regulations as set forth herein . I G . Any person filing an application for a �SAWOGLA 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. I H . Applications for a aA�F9F�,4WOGLA 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 I Planning Services . No �AF9�AWOGLA Permit is required for an OIL AND GAS FACILITY for which an application on a Form 2 or Form 2A has been filed and deemed complete by the State of Colorado Oil and Gas Commission on or before January 1, 2017 . 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 prior to operation . I J . The review, consideration and issuance of a aN9�RWOGLA 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 . Sec . 23-2-1020. - Application requirements for �F9�/�WOGLA permit. Any person wanting to apply for a �9�rSAWOGLA Permit shall arrange for a pre-application conference with the Department of Planning Services, which mav be accomplished throu�h face-to-face meetin�, electronic mail exchan�e or conference call as determined bv the Department of Plannin� Services. The purpose of the conference 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 : I A . An application for a �AFA�SRWOGLA 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 applicant ^ � ^ ^ ^ r� +,, . �f *he � , , .-f., .,f rtio nu nnin r_ nc � nrii iry � � ., ,.r rho -. ., ., I � -, * iF fliffr� ron+ fr� m �+ L�� io �2 . Legal description of the OIL AND GAS FACILITY under consideration . I 4. 3 . Total acreage of the OIL AND GAS LOCATION ' ^ � nii nnin � nc r�,n��r��,«q aiia vi � i u � c+-vr�o 6 � Page � � !. . � . — —� :.�n Y �n ��.� Yn. . G��II. -- . . . . . — . � — �T�1s� �_ iOY� . �.. � . I��t�il�"Y��H+ — . . � . . � �.��.�4 ' �4 . Existing land USE of the property where the OIL AND GAS FACILITY will be located . �5 . Present zone and overlay zones, if appropriate . I �6 . Signatures of the applicant � ^ � f� � ^, . , ^ � �� ^ � * � ^ � - " �* " ^ -� �^� � �^ � � � ^� ^+ . B . 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 � "�TLOCATION, and to the planning commission or governing body of any town, city, county and/or town, city and county I whose boundaries are within 1,000 feet of the OIL AND GAS � "�TLOCATION . Such notice shall comply with the following : I The applicant shall deliver a �9�SA�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 ), LGD' s for municipalities located within 1,000 feet of the OIL AND GAS FACILITY. The aAFBFrS�lWOGLA 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 �AWOGLA notice shall occur not more thana�-leas� , 6 months; prior to submitting for an Oil and Gas Location Assessment or Form 2A to the Colorado Oil & Gas I Conservation Commission . The �SAWOGLA 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 located within 1000 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 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 OILAND GAS � ^ �,��LOCATION � � � m � -� ci � ror! frnm * ho ., .,, ..,, � �,� o ,� rto „f �+s�e�, 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 I 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; 7 � � age 6 . A list of facility components; 7 . Notice that the property owner and/or municipality may request a meeting to discuss the proposed OIL AND GAS FACILITY by contacting the County or the Operator; and 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 propertv within 1 ,000 feet of a proposed OIL AND GASLOCATION who would be eli�ible to receive a WOGLA notice mav, throu� h letter delivered to the Plannin� Director waive future receipt of such notice ( s ) . C . r o *r� r on� r � � rf�+ re r�umnr l� -+ �. b rl } �. llll Af�lll (" AC Al� II IT4� � +� If available at the time of noticin� the WOGLA, evidence of a surface use a�reement (SUA1 or other document includin� but not limited to a Memorandum of SUA or an affidavit bv the applicant executed bv the operator and the surface owner( s) of the propertv where the OIL AND GAS LOCATION will be located , demonstratin� that the operator and surface owner have a� reed to an OIL AND GAS LOCATION . If no SUA or other document is available at the time of noticin� the WOGLA however then the applicant shall proceed with the WOGLA process and shall provide a statement in the WOGLA notice that it is currentiv in SUA or other a� reement ne�otiations that it will bond onto the OIL AND GAS LOCATION through the Colorado Oil and Gas Conservation Commission or otherwise utilize its le�al ri� ht of access . If bondin� on or otherwise utilizin� its le�al ri�ht of access is required , the applicant shall provide a statement to the Plannin� Director summarizin� the applicant's attemqts to obtain an SUA from the surface owner(s) of the propertv where the OIL AND GAS LOCATION will be located . � D . Certification that the applicant has contacted and/or met with the owner(s) of properties I located within 1,000 feet of the OIL AND GAS � ^ ��rLOCATION ( as determined by Weld County Assessors record at the time of notice ), the Weld County Local Government Designee ( LGD), LGD's for municipalities located within 1,000 feet of the OIL AND GAS E° �, '�TTLOCATION . 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; 8 � Page _ _:_ _ _ , � .� _ �. � _ _ . ._ _ 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; 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 and 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 con5idered and employed when feasible; 10 . Site security measures shall be employed as necessary; and 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 . I H . If applicable , a ,4 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= l trip in and I 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% oftraffic 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 9 � Page disposed of on the OIL AND GAS FACILITY, including a statement describing the location and disposal method . J . A certified list of the names, addresses and the corresponding Parcel Identification Numbers I assigned by the County Assessor of the owners of property (the surface estate ) within e�e �-{ 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 or 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 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, a signed surface use agreement, or a letter granting power of attorney to the agent from such owners must be provided . Ie�n r_ nc � nr � i iry AA: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. A�M . The applicant may need to work with the Weld County Office of Emergency Management to put together an Emergency Action Plan if 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 . I Sec . 23-2 - 1030. - Review of application and issuance of Weld Oil and Gas �+�eLocation Assessment (�AWOGLA) Permit . I The Department of Planning Services will review the �V9�,4WOGLA Permit application to determine if it is complete, which shall occur within 7 business days of the filing of the application . At the discretion of 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 I may approve the �9�SAWOGLA 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 10 � �' age I proposed �9C�AW0GLA 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 I within a 1, 000 feet of the 0IL AND GAS � ^�TL0CATI0N ; 2 . The Weld County Department of Public Health and Environment; 3 . The Weld County Department of Public Works; 4. The Colorado Division of 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 0IL AND GAS FACILITY; and 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 0IL 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 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 I located within 1,000 feetofthe 0ILAND GAS � ^�� L0CATI0N . 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 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 I within 1, 000 feet of the 0IL AND GAS � ^,-�TTL0CATI0N . Such notification shall be mailed first- class . I Sec . 23 -2- 1040 . - Compliance with ��4W0GLA Permit standards . 11 � Page An applicant for a �,4WOGLA Permit shall demonstrate conformance with and shall continue to meet the �AF9�-SAWOGLA Permit standards approved and adopted by the County. Noncompliance with the approved �AWOGLA Permit standards may be reason for rescission of the aAF9��,4WOGLA Permit by the Board of County Commissioners . Sec. 23 -2- 1050 . - Changes and termination of use . A. Major changes from the approved �F9�RWOGLA Permit shall require the approval of an amended �F9�-SRWOGLA 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 I new �AWOGLA Permit application and processing shall be required . Any other changes shall be filed in the Department of Planning Services in the approved �AWOGLA Permit file . I B . Construction pursuant to approval of a �AF9F-SAWOGLA Permit shall be commenced , and continual progress made within 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 a�4t any time following the approval of a aAFAFSAWOGLA Permit the Department of Planning Services determines that one ( 1 ) or more of the �AF9FrSAWOGLA Permit standards set forth in Sections 23-2- 1010 and 23-2 - 1020, above, has not been met,- the Plannin� Director shall notifv the a0perator of the OIL AND GAS FACILITY of the failure to meet the standard ( s) . The Operator will be �iven 30 days in which to cure the failure to comply with the standard ( s) . If at the end of the 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 I of the �SP�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 ��lWOGLA Permit and seek any appropriate legal remedies to cease the USE of the OIL AND GAS FACILITY. 12 � � age _ �� PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) ` D/o�7// (0 � CHAPTER TO BE MODIFIED : Chapter 23 �� % ��'�`� � SECTION (5) PROPOSED TO BE MODIFIED : See below /�� U.�22�J � RATIONALE FOR MODIFICATION : These Codes changes will make construction of OIL AND GAS FACILITIES in Weld County a Use by Right in all zone districts, but will require the issuance of a new Weld Oil and Gas Site Assessment ( WOGSA) Permit prior to obtaining building permits . The WOGSA Permit will be reviewed and granted by the Director of Planning Services, unless one or more criteria are not met, in which case the Permit will forwarded to the Board of County Commissioners for review. PROPOSED MODIFICATION : Delete definition of and any reference to OIL AND GAS PRODUCTION FACILITY in Chapter 23 . Changes to various sections in ARTICLE I — General Provisions : Section 23 - 1 -90 — Definitions . �DEVELOPMENT: The placement, construction , erection , reconstruction, movement and/or alteration of , BUILDINGS and/or other STRUCTURE5, 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 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. Table 23 - 1E .__.._._.. _ _,�_____ _ . �. ___�__ _, ,.__,�_,...____._ _..dm.� ___�,. _ �._.._ �.� _..m__ �___ _._ � `. . _._ � � � ! � I ( � } � � � # � ,Zone __-__�rR- 1 J_�R-2 m..._�R 3 . .. 'R-4 _ .,�R-5 ._ _�G1 _.....�G2 � C- 3 �C-4 __��I - 1 ��I - 2 � I -3 _�E_ _P��A_... __ ___ Application �UBR * �UBR * �UBR * ;UBR * iUBR *�UBR * �UBR*UBR*�UBR * �UBR*UBR * �UBR UBR * �UBR *�UBR * �UBR * - Use by Right with a Weld Oil and Gas Site Assessment (WOGSA) Permit ✓OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES : a . Parking and maintenance of exploration, production or workover equipment . 1 � Page b . Equipment and storage yards for road and pipeline construction contractors, and production unit set- up and maintenance contractors . c . Parking and maintenance for tank and water service companies . d . Storage and rental yards for pipe and production equipment . e . Field OFFICES USED by production - related records and maintenance personnel . f. Disposal and recycling sites for production waste ( except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on -site storage occurs) , except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials . g . Oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market . h . Midstream activities including the processing, storing, transporting and marketing of oil, natural gas and natural gas liquids . ' PETROLEUM REFINERV: 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 . Changes to various sections in Article Iil — Zone Districts : Agricultural JSec . 23 - 3-20 . - Uses allowed by right . � I . OIL AND GAS FACILITIE5 . 1 . WOGSA Permit Required . No OIL AND GAS FACILITY shall be developed in the A ( Agricultural ) Zone District until a WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set fortlyArticle II , Division 10 of this Chapter. �— 1 � ' l, P� ./ Sec . 23-3 -550 . - Uses allowed by right . � A . OIL AND GAS FACILITIES . 1 . WOGSA Permit Required . No OIL AND GAS FACILITY shall be developed in the A Zone District until a WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth�rticle Ii, —�— Division 10 of this Chapter. � 2 � Page Estate ✓Sec . 23 - 3 -410 . - Uses allowed by right . � J . OIL AND GAS FACILITIES . 1 . WOGSA Permit Required . No OIL AND GAS FACILITY shall be developed in the E ( Estate ) Zone District until a WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter . Commercial ,/5ec . 23 -3 -210 . - C- 1 ( Neighborhood Commercial ) Zone District . �c B . Uses Allowed by Right . ; 15 . OIL AND GAS FACILITIES . a . WOGSA Permit Required . No OIL AND GAS FACILITY shall be developed in the C- 1 ( Neighborhood Commercial ) Zone District untii a WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. ,/Sec . 23 - 3 -220 . - C-2 ( General Commercial ) Zone District. � B . Uses Allowed by Right . , ,. � �. � OIL AND GAS FACILITIE5 . a . WOGSA Permit Required . No OIL AND GAS FACILITY shall be developed in the C-2 ( General Commercial ) Zone District until a WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. �ec . 23 -3-230 . - C-3 ( Business Commercial ) Zone District . r'T� B . Uses Allowed by Right . 18 . OIL AND GAS FACILITIES . a . WOGSA Permit Required . No O1 � AND GAS FACILITY shall be developed in the C-3 ( Business Commercial ) Zone District until a WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. 3 � Page ec . 23 - 3 -240 . - C-4 ( Highway Commercial ) Zone District . � B . Uses Allowed by Right . 11 . OIL AND GAS FACILITIES . a . WOGSA Permit Required . No OIL AND GAS FACILITY shall be developed in the C-4 ( Highway Commercial ) Zone District until a WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. Industrial .:::::.. >, ;;� ; , �ec . 23 -3 -310 . - I - 1 ( Industrial ) Zone District . � B . Uses Allowed by Right . . . '$\ � vz.: aS�. 12 . OIL AND GAS FACIUTIES . a . WOGSA Permit Required . No OIL AND GAS FACILITY shall be developed in the I - 1 ( Industrial ) Zone District until a WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. JSec . 23 -3-320 . - I - 2 ( Industrial ) Zone District . � D . Uses by Special Review . 18 . PETROLEUM REFINERY. JSec . 23 -3 -330 . - I -3 ( Industrial ) Zone District . '� D . Uses by Special Review . 20 . PETROLEUM REFINERY. Residential ; ec . 23 - 3 - 110 . - R- 1 ( Low- Density Residential ) Zone District . � B . Uses Allowed by Right . 9 . OIL AND GAS FACILITIES . 4 � Page a . WOGSA Permit Required . No OIL AND GAS FACILITY shall be developed in the R- 1 ( Low- Density Residential ) Zone District until a WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth Article II , Division 10 of this Chapter. Changes to various sections in ARTICLE II — Procedures and Permits : Division 10 - Weld Oil and Gas Site Assessment (WOGSA) Permit . Sec . 23-2 - 1010 . - Intent and applicability . A. A Weld Oil and Gas Site Assessment ( WOGSA) Permit requires additional consideration to ensure the OIL AND GAS FACILITY is devefoped 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 FACILITY. The WOGSA Permit is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY . B . A WOGSA Permit is required for the construction of OIL AND GAS FACILITIES in all zone districts . C . No OIL AND GAS FACILITY shall be developed in any zone district until a WOGSA 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 WOGSA Permit has been issued by the Department of Planning Services or the Board of County Commissioners. E . No WOGSA Permit shall be required for: 1 . 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 originally OIL AND GAS FACILITY by more than 50% . 2 . One time expansion or enlargement of an OIL AND GAS FACILITY after January 1, 2017, that increases the OIL AND GAS FACILITY by less than 50% . F . Any person filing an application for a WOGSA Permit shall comply with the County procedures and regulations as set forth herein . G . Any person filing an application for a WOGSA 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 WOGSA Permit shall be compieted 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 WOGSA Permit is required for an OIL AND GAS FACILITY for which an application on a Form 2 or Form 2A has been filed and deemed complete by the State of Colorado Oil and Gas Commission on or before January 1, 2017 . 5 � Page 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 prior to operation . J . The review, consideration and issuance of a WOGSA 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 . Sec . 23 - 2 - 1020 . - Application requirements for WOGSA permit . Any person wanting to apply for a WOGSA Permit shall arrange for a pre-application conference with the Department of Planning Services . The purpose of the conference 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 WOGSA 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 applicant or operator if the surface owner of the OIL AND GAS FACILITY is not the applicant . 2 . The name and address of the fee owner( s ) of the OIL AND GAS FACILITY proposed for the USR if different from above . 3 . Legal description of the OIL AND GAS FACILITY under consideration . 4 . Total acreage of the OIL AND GAS LOCATION and OIL AND GAS FACILITY will be located . 5 . Existing land USE of the property where the OIL AND GAS FACILITY will be located . 6 . Present zone and overlay zones, if appropriate . 7 . Signatures of the applicant and fee owners or their authorized legal agent . B . Certification that notice of the application for the WOGSA Permit has been delivered to owner( s ) of properties located within 1, 000 feet of the OIL AND GAS FACILITY, 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 FACILITY. Such notice shall comply with the following : The applicant shall deliver a WOGSA notice to the following parties : owners of properties located within 1, 000 feet of the OIL AND GAS FACILITY ( as determined by Weld County Assessors record at the time of notice ), the Weld County Local Government Designee ( LGD ), LGD' s for municipalities located within 1,000 feet of the OIL AND GAS FACILITY . The WOGSA notice shall inform the recipients they must respond to either the operator or the County within 28 days of 6 � Page receiving the notice . Delivery of the WOGSA notice shall occur at least 30 days, but not more than 6 months, prior to submitting for an Oil and Gas Location Assessment or Form 2A to the Colorado Oil & Gas Conservation Commission . The WOGSA 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 located within 1000 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 and all wells and/or Production Facilities used for measuring distances shall be attached . The drawing shall include a � l visible improvements within 1,000 feet of the proposed OIL AND GAS FACILITY ( as measured from the proposed edge of disturbance ), 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 FACILITY, 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 ; 6 . A list of facility components; 7 . Notice that the property owner and/or municipality may request a meeting to discuss the proposed OIL AND GAS FACILITY by contacting the County or the Operator; and 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 . C . A copy a surface use agreement ( SUA) or other document executed by the operator and the surface owner( s ) of the property where the OIL AND GAS FACILITY will be located demonstrating that the operator and surface owner have agreed to an OIL AND GAS FACILITY location . D . Certification that the applicant has contacted and/or met with the owner( s) of properties located within 1, 000 feet of the OIL AND GAS FACILITY ( as determined by Weld County Assessors 7 � Page record at the time of notice ) , the Weld County Local Government Designee ( LGD ) , LGD' s for municipalities located within 1, 000 feet of the OIL AND GAS FACILITY. 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; 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 regutations; 7 . Noise from driiling and 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; and 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 . 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 : _ 8 � � age 1 . The number of roundtrips/day expected for each vehicle type : Passenger Cars/Pickups, Tandem Trucks, Semi -Truck/Trailer/RV ( Roundtrip = l trip in and I 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 . S0% 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 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 the owners of property (the surface estate ) within one thousand ( 1,000 ) feet of the OIL AND GAS FACILITY. The source of such list shali be the records of the County Assessor, or an ownership update from a title or 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 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, a signed surface use agreement, or a letter granting power of attorney to the agent from such owners must be provided . L. A copy of the deed or legal instrument by which the surface owner obtained an interest in the OIL AND GAS FACILITY. M . 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 . N . The applicant may need to work with the Weld County Office of Emergency Management to put together an Emergency Action Plan if the quantity of the oil stored at an OIL AND GAS FACILITY is over 2, 000 bbl . O . 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 Site Assessment ( WOGSA ) Permit . The Department of Planning Services will review the WOGSA Permit application to determine if it is complete, which shall occur within 7 business days of the filing of the application . At the discretion of 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 WOGSA 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 9 � Page 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, wiil 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 WOGSA 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 a 1, 000 feet of the OIL AND GAS FACILITY; 2 . The Weld County Department of Public Health and Environment; 3 . The Weld County Department of Public Works; 4 . The Colorado Division of 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; and 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 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 FACILITY. 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, 10 � Page 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 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 FACILITY. Such notification shall be mailed first-class . Sec . 23 -2 - 1040 . - Compliance with WOGSA Permit standards . An applicant for a WOGSA Permit shall demonstrate conformance with and shall continue to meet the WOGSA Permit standards approved and adopted by the County . Noncompliance with the approved WOGSA Permit standards may be reason for rescission of the WOGSA Permit by the Board of County Commissioners . Sec . 23 - 2 - 1050 . - Changes and termination of use . A. Major changes from the approved WOGSA Permit shall require the approval of an amended WOGSA 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 WOGSA Permit application and processing shall be required . Any other changes shall be filed in the Department of Planning Services in the approved WOGSA Permit file . B . Construction pursuant to approval of a WOGSA Permit shall be commenced , and continual progress made within 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 . At any time following the approval of a WOGSA Permit the Department of Pianning Services determines that one ( 1 ) or more of the WOGSA Permit standards set forth in Sections 23-2 - 1010 and 23-2 - 1020, above, has not been met, 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 WOGSA 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 WOGSA Permit and seek any appropriate legal remedies to cease the USE of the OIL AND GAS FACILITY . __ . __ _ . 11 � Page , Che I Hoffman � /�--�-" ��'�� /% l From : Michelle Martin ` � Sent : Monday , October 17 , 2016 8 : 51 AM p�✓�ia� � �— To : Esther Gesick ; Cheryl Hoffman Subject: Oil and Gas Code Changes ' Attachments : Code Change oil and gas ( new) . docx � �� 7 � � Hi Esther and Cheryl, I know 2nd reading of the Oil and Gas Code changes are being continued today to October 31 but I wanted to give you the latest version . This may change between now and October 31 but I will continue to keep you in the loop . � _ ��m.� � �D/��l � Please don't hesitate to contact me if you have any questions . � ��/� �L� ��i�'�' � � � � ��/� � � � , i l �� / �-��, Michelle Martin ��'�''�'a' � ' .�I Planning Manager � .� r � r 1555 N 17th Ave 1�� Greeley, CO 80631 �� y _ 1;�� mmartin@co . weld . co . us < mailto : mmartin@co . weld . co . us> � PHONE : (970 ) 400- 3571 FAX : (970) 304-6498 Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . 1 _ r��«� _ . �� PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED : Chapter 23 SECTION(S) PROPOSED TO BE MODIFIED : See below RATIONALE FOR MODIFICATION : The new codes changes would require a modified Use by Special review permit for Oil and Gas Facilities . This permit would be an administrative permit unless determined by the Director of Planning Services to be reviewed and approved by the BOCC . IPROPOSED MODIFICATION : Changes to Section 23 - 1-9� Definitions . +OIL AND GAS FACILITYI€5: Equipment or improvements used or installed at an OIL AND GAS LOCATION for the exploration , production, withdrawal , �atherin�, treatment, or processin� of oil or natural �as; excludin� PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, and all flowlines used or installed at the OIL AND GAS LOCATION . The OIL AND GAS FACILITY shall be located on an OIL AND GAS LOCATION-. The final OIL AND GAS FACILITY location in the Countv shall match the final location on the interim reclamation area as shown on the State of Colorado Oil and Gas Commission 2A form . r,, ., � , �+ „f + ho ,, ; � ,, . ., , � , . ,on � ., , , .,, .,� � o ,+e . * .-o ,�o .< < o ., � ,-,+„ r� , , , , , , , Table 23 - 1E . _ _ _ _ Zone R- 1 R-2 R-3 R-4 R-5 G1 G2 C-3 C-4 I - 1 I - 2 I -3 E PUD A ✓ Application USR^ USR^ USR^ USR ^ USR ^ USR^ USR ^ USR^ USR^ UB�R UBR�RR UBR� USR^ * US�R ^ USR - Use by Special Review J �D� Ci+a DI -+ n Rn� iio. . i UBR - Use by Right I * - PUD - Callout by Zone District Requirements, unless specifically addressed in PUD application as a UBR_ 1 � � age ^ - A Use bv Special Review permit is required if the OIL AND GAS FACILITY is located on a parcel ( s ) of a � n� le surface owner of 160 conti�uous � ross acres or less or the operator is not able to obtain a surface use a� reement with the property owner. � pIL AND GAS LOCATION: A definable area where an operator has disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY. OIL AND GAS SUPPORTAND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES : a . Parking and maintenance of exploration , production or workover equipment. b . Equipment and storage yards for road and pipeline construction contractors, and production unit set- up and maintenance contractors . c. Parking and maintenance for tank and water service companies . d . Storage and rental yards for pipe and production equipment . e . Field OFFICES USED by production-related records and maintenance personnel . f. Disposal and recycling sites for production waste ( except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on -site storage occurs), except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials. g_Oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market . �h . Midstream activities includin� the processinQ, storin� transportin� and marketing of oil natural gas and natural �as liquids . PETROLEUM REFINERY: An industrial qrocess plant where crude oil is processed and refined into more ,� useful products such as petroleum naphtha , �asoline , diesel fuel , asphalt base heatin� oil kerosene and liquefied petroleum �as. Changes to various sections in Article III — Zone Districts : Agricultural Sec. 23- 3-20�- Uses allowed by right . � �e�� "z-9�-9-EL—l�P�B-f,4�-RR891��T�9-Pl--�AC�-L-I�I€�� J Sec . 23 - 3-40. - Uses by special review. 2 � � age �s. • ! !�� I�lE z-. �_.__ _i�' as�w�-�_� _ �c . 23-3 -40 .A . 8 If the OIL AND GAS FACILITY is located on a parcel (s ) of a sin� le surface owner of 160 conti�uous � ross acres or less or the operator is not able to obtain a surface use a�reement with the property owner� JSec . 23 -3 -40 .A . 9 PETROLEUM REFINERY ESTATE Sec . 23 -3-4-30 . - Uses by special review. '+a' Sec. 23-3 -430 . 1 If the OIL AND GAS FACILITY is located on a parcel ( s) of a sin�le surface owner of 160 conti� uous � ross acres or less or the operator is not able to obtain a surface use a�reement with the propertV owner. ^ " ^ ^� n r_ nc o � nni i �Tinn� � nrii iTirc COMMERICAL C- 1 ( Neighborhoo Commercial ) Zone District . Sec . 23-3 -210 . D . 6 If the OIL AND GAS FACILITY is located on a parcel (s ) of a sin� le surface owner of 160 conti� uous � ross acres or less or the operator is not able to obtain a surface use a � reement with the -J�propertV owner. ^ " ^ ^� n r_ nc oonni irTinni � nrii �rirc C-2 ( General Commercial ) Zone District . Sec . 23 -3-220 . D .4 If the OIL AND GAS FACILITY is located on a parcel ( s ) of a sin� le surface owner of 160 � conti� uous � ross acres or less or the operator is not able to obtain a surface use a� reement with the property owner. C-3 ( Business Commercial ) Zone District . � / _ Sec . 23 -3-236: D . 3 If the OIL AND GAS FACILITY is located on a parcel ( s ) of a sin�le surface owner of 160 �' conti� uous � ross acres or less or the operator is not able to obtain a surface use a� reement with the property owner. ^ " � ^� n r_ nc � onni irrinni � n �- ii rnrc C-4 ( Highway Commercial ) Zone District . �Sec . 23-3-240 . D�� If the OIL AND GAS FACILITY is located on a parcel ( s ) of a sin�le surface owner of 160 � conti� uous � ross acres or less or the operator is not able to obtain a surface use a � reement with the property owner. n � � nnin r_ nc � � nni irrinni � n � ii iTirc 3 � Page INDUSTRIAL I - 1 ( Industrial ) Zone District � ISec . 23-3 -310 . 6 . 1 OIL AND GAS FACILITY nii nnin r_ nc oonni i �Tinni � nrii iTi � c Sec. 23-3 -310. Site Plan Review Required . No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected , constructed , reconstructed, moved or structurally altered or operated in the I- 1 Zone District until a Site Plan Review has been approved bythe Department of Planning Services . It shall be necessary that the applicant in the I - 1 Zone District certify and state that the performance � standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I - 1 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process . Uses listed in Subsection D above as Uses by Special Review in the I - 1 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. The following is exempted from a Site Plan Review: 1 . OIL AND GAS FACILITY. � I- 2 ( Industrial ) Zpne District. � �% Sec . 23- 3 -320 . D . 18 PETROLEUM REFINERY Sec . 23 -3 -320. E Site Plan Review Required . No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected , constructed , reconstructed , moved or structurally altered or operated in the I-2 Zone District until a Site Plan Review has been approved by the Department of Planning Services . It shall be necessary that the applicant in the I-2 Zone District certify and state that the performance � standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I -2 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process . Uses listed in Subsection D above as Uses by Special Review in the I-2 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II , Division 4 of this Chapter. The following is exempted from a Site Plan Review : �1 . OIL AND GAS FACILITY nii nnin r_ nc oonni irTinni � nrii irirc I-3 ( Industrial ) Zone District . � nii nnin r_ nc oonni irTinni � nrn iriGc I �—Sec . 23- 3-330 . 6 . 8 OIL AND GAS FACILITY. 4 � Page � ��- . 4T . . . � L� . . . • � . . ..1r . . 1 ♦ � �,�5ec. 23-3 -330. D . 20 PETROLEUM REFINERY �1 ✓ Sec . 23-3-330 . E Site Plan Review Required . No land , BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected , constructed , reconstructed , moved or structurally altered or operated in the I -3 Zone District until a Site Plan Review has been approved by the Department of Planning Services . It shall be necessary that the applicant in the I -3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I-3 have been or shall be complied with according to the intent of Article II , Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I -3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. The following is exempted from a Site Plan Review: r „ 1 . OIL AND GAS FACILITY 1f� .�tt� nii nnm r_ nc � onni irTinni � nru iTirc RESIDENTAIL R- 1 ( Low- Density Residential ) Zone District . � �S c . 23 -3- 110 . D . 6 If the OIL AND GAS FACILITY is located on a parcel ( s) of a sin� le surface owner of 160 �nti� uous � ross acres or less or the operator is not able to obtain a surface use a� reement with the property owner. n � � no � nc � onni irTinni � nrii iTirc dd a ew Division 10 : �vision 10 - Use by Special Review for OIL AND GAS FACILITY � Sec . 23 -2-950 . - Intent and applicability. A. A Use by Special Review ( USR) for an OIL AND GAS FACILITY requires additional consideration to ensure that the surface use of the OIL AND GAS LOCATION by the OIL AND GAS FACILITY is established and operated in a manner that is compatible with existing and future surrounding land uses of surface properties . The additional consideration or regulation of the USR for an OIL AND GAS FACILITY is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. 5 � +' age B . The USR for an OIL AND GAS FACILITY 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 . The USR application will be referred for comment to the planning commission or governing body of any town , city, county and/or town , city and county whose boundaries are within a one thousand ( 1,000) foot radius of the boundary of the OIL AND GAS FACILITY . C . The Department of Planning Services may approve a USR for an OIL AND GAS FACILITY by granting a Use by Special Review Permit . If the Planning Director determines to administratively approve the USR, he or she may condition the decision to approve upon the applicant's implementation of technologically feasible and practicable mitigation measures or techniques available to mitigate impacts which could be generated by the OIL AND GAS FACILITY within one thousand ( 1,000) feet of the boundary of the OIL AND GAS FACILITY. If the Planning Director determines not to administratively approve the USR application, it shall be reviewed by the Planning Commission . The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners . D . Any person filing an application for a USR for an OIL AND GAS FACILITY shalt comply with the COUNTY procedures and regulations as set forth herein . A onetime expansion or enlargement of an OIL AND GAS FACILITY after January 1, 2017, that increases the OIL AND GAS FACILITY by more than 50�o will require the filing of an application for a new or amended USR for an OIL AND GAS FACILITY. E . Ordinary repairs and maintenance may be performed upon equipment associated with a USR for an OIL AND GAS FACILITY so long as such repairs and maintenance do not have the effect of expanding or enlarging the originally OIL AND GAS FACILITY by more than 50%. F . After January 1, 2017, applications for a USR for an OIL AND GAS FACILITY shall be completed as set forth in Section 23-2 -980. The complete application and application fees shall be submitted to the Department of Planning Services. No USR is required for an OIL AND GAS FACILITY already whose application has been filed and deemed complete by the State of Colorado Oil and Gas Commission on or before January 1, 2017 . G . The Planning Director 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 prior to operation . H . An application for a USR for an OIL AND GAS FACILITY shall include all of the lands within the OIL AND GAS FACILITY. In the event the operator cannot obtain a Surface Use Agreement ( SUA) or a Subdivision Exemption, those cases will be forwarded to Planning Commission and the Board of County Commissioners for review . Sec . 23-2 -955 . - Duties of Department of Planning Services . A. At the discretion of the Director of Planning Services a pre application meeting may be required . If so, the applicant shall arrange for a pre-application conference with the Department of Planning Services . 6 � Page ��. �� . _ .. > . . . . . .�-��--'--' � . . ' . . _ ' - _ . - . _-_ . . - ' - - _ . . _ _ . __ ._ _. .� _ _ _ _ - - _- - . - _ - _ _ _ - ' _ - " _ __ . �..-+_�-_��--__�. B . The Department of Planning Services shall be responsible for processing all applications for Special Review Permits ( USR' s ) in the unincorporated areas of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below . C . Upon determination that the application submittal is complete, which shall occur within seven ( 7 ) business days of the filing of the application the Department of Planning Services shall : 1 . Refer the application to the following agencies, when applicable, for review and comment . The agencies named shall respond within twenty-eight ( 28 ) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight ( 28) days 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 Use by Special Review ( USR ) for an OIL AND GAS FACILITY. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for an USR rests with the Planning Department . a . The planning commission or governing body of any town and county whose boundaries are within a � one thousand ( 1, 000) foot radius of the boundary of the OIL AND GAS FACILITY . b . Department of Public Health and Environment. c. Department of Public Works. d . Colorado Division of Wildlife . e . Colorado Oil and Gas Conservation Commission . f. The appropriate fire district . g . Any irrigation ditch company with facilities on or adjacent to the OIL AND GAS FACILITY. h . The Department of Planning Services may send any other agencies or individuals a referral deemed necessary. 2 . Provide the applicant with a sign, which shall be posted by the applicant on the OIL AND GAS FACILITY for a USR for an OIL AND GAS FACILITY. The sign shall be posted 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 ( 1 ) 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 within three ( 3 ) days of submitting a complete USR application . Evidence that the applicant posted the sign shall be provided to the Department of Planning Services . 3 . Give notice of the application for a USR for an OIL AND GAS FACILITY to those persons listed in the application as surface owners of property located within one thousand ( 1,000 ) feet of the boundary of the OILAND GAS FACILITY . Such notification shall be mailed first-class by the Department . The surrounding 7 � Page property owners shall respond within twenty-eight ( 28 ) days after the mailing of the notice of the application by the COUNTY. The failure of a surrounding property owners to respond within twenty-eight ( 28 ) days may be deemed to be a favorable response to the Planning Department. 4 . Give notice of the application for the USR for an OIL AND GAS FACILITY to those persons listed in the application as owners and lessees of the mineral estate on or under the OIL AND GAS FACILITY. Such notification shall be mailed , first class, not less than ten ( 10) days before the scheduled public hearing . Such notice is not required by state statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the OIL AND GAS FACILITY. Inadvertent errors by the applicant in supplying such list or the Department in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification . 5 . Confirm that the applicant has made efforts to address any concerns of the surrounding property owners and referral agencies to the satisfaction of the Planning Director. Upon request by a surrounding property owner or referral agency or local government, the applicant shall meet to discuss any concerns and may be required to address those concerns through technically feasible or practicable mitigation measures or techniques . 6 . 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 this Chapter. 7 . The Planning Services Director may refer a USR for an OIL AND GAS FACILITY to the Planning Commission and then to the Board of County Commissioners if there are any reasonable concerns from surrounding property owners who are located within one thousand ( 1, 000) feet of the boundary of the OIL AND GAS FACILITY that cannot be mitigated and/or if the operator cannot or will not agree to any of the provisions in this code . 8 . If a hearing is required the Department of Planning Services will prepare legal notice of said 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 Planning Commission and the Board of County Commissioners hearing . Notice of the hearings shall be sent to persons listed in the application as surface property owners whose properties are located within one thousand ( 1,000) feet of the boundary of the OIL AND GAS FACILITY. Such notification shall be mailed first-class . 9 . If a hearing is required the Department of Planning Services will be responsible for providing and posting a sign on the OIL AND GAS FACILITY in a spot readily visible from the adjacent publically maintained roadways . The sign will be posted at least ten ( 10) days preceding the hearing date of Planning Commission and the Board of County Commissioners ' hearing . In the event the OIL AND GAS FACILITY is not adjacent to a publicly maintained road right-of-way, a second sign at the point at which the driveway (access drive ) intersects a publicly maintained road right-of-way will be posted . The sign posting will be evidenced with a photograph . 8 � Page .� . Sec . 23-2 -960 . - Duties of Planning Commission . A. Unless the application is administratively approved by the Planning Director pursuant to Section 23-2 - 955, above, the Planning Commission shall hold a hearing to consider the application for the ( USR ) . The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested USR . The Planning Commission shall approve the request for the USR only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23 -2- 970 and 23-2 -975 of this Division . The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23 -2-970 and 23-2 -975 are met. The applicant shall demonstrate : 1 . That the proposal is consistent with the Weld County Code in effect at the time of the filing of the application . 2 . That the OIL AND GAS FACILITY to be permitted will be compatible with the existing surrounding land USES . 3 . That the OIL AND GAS FACILITY to be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code . 4 . That the application complies with Articles V and XI of this Chapter if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. 5 . That if the OIL AND GAS FACILITY is proposed to be located in the A (Agricultural ) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the OIL AND GAS FACILITY. 6 . That technically feasible and practicable mitigation measures or techniques for the OIL AND GAS FACILITY are utilized for the protection of the health, safety and welfare of the inhabitants who are located within one thousand ( 1,000 ) feet of the boundary of the OIL AND GAS FACILITY. B . The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten ( 10) days after said recommendation has been made . C . If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, the ten -day period shall commence upon submission of the items by the applicant to the Department of Planning Services . Sec. 23-2 -965 . - Duties of Board of County Commissioners . A. The Board of County Commissioners shall : 9 � Page Set a Board of County Commissioners public hearing, to take place not more than forty-five (45 ) days after receipt of the Planning Commission recommendation , for consideration of the proposed Special Review Permit ( USR ) . B . The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon . In making a decision on the proposed Use by Special Review ( USR for an OIL AND GAS FACILITY, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the USR only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23 -2-970 and 23-2 -975 of this Division . The applicant has the burden of proof to show that the standards and conditions of this Subsection B and 23- 2-970 and 23-2 -975 of this Division are met . The applicant shall demonstrate : 1 . That the proposal is consistent with the Weld County Code in effect at the time of the filing of the application . 2 . That the OIL AND GAS FACILITY to be permitted will be compatible with the existing surrounding land USES located within one thousand ( 1, 000) feet of the boundary of the OIL AND GAS FACILITY. 3 . That the OIL AND GAS FACILITY to be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect at the time of the filing of the application . 4 . That the application complies with Articles V and XI of this Chapter if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. 5 . That if the OIL AND GAS FACILITY is proposed to be located in the A (Agricultural ) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the OIL AND GAS FACILITY . 6 . That there is adequate provision for the protection of the health, safety and welfare of the owners of surface property located within one thousand ( 1, 000 ) feet of the boundary of the OIL AND GAS FACILITY. C. Where technically feasible and practicable mitigation measures or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the properties located within one thousand ( 1,000) feet of the boundary of the OIL AND GAS FACILITY, the Board of County Commissioners may condition the decision to approve the USR upon implementation of such technically feasible and practicable mitigation measures or techniques . D . Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed . A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board . 10 � Page � . � . _ _ � � _ _ _ _ _ E . If the USR is approved, the Board of County Commissioners shall arrange for the resolution to be recorded with the County Clerk and Recorder. Sec . 23 -2-970. - Design standards . A . An applicant for a ( USR ) for an OIL AND GAS FACILITY shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved . 1 . Buffering or SCREENING of the OIL AND GAS FACILITY from surface properties located within 1, 000 feet of the boundary of the OIL AND GAS FACILITY may be required in order to make the determination that it is compatible with the surrounding uses . Buffering or SCREENING may be accomplished through a combination of berming, landscaping or fencing or other techniques . 2 . Othertechnicallyfeasible and practicable mitigation measuresortechniques may be required to ensure compatibility with existing and future surrounding land uses. Sec . 23-2 -975 . — Functional standards . An applicant for a Special Review Permit ( USR ) shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation . Once operational, the operation of the USES permitted shall conform to these standards. A . The operation of the OIL AND GAS FACILITY shall comply with the noise standards enumerated in Rule 802 of the Colorado Oil and Gas Conservation Commission rules. B . The OIL AND GAS FACILITY shall comply with the following lighting standards : 1 . Sources of light shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and 2 . Light from the OIL AND GAS FACILITY shall not create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS and no colored lights may be used which may be confused with or construed as traffic control devices; and C . The OIL AND GAS FACILITY shall be maintained in such a manner to prevent noxious weeds . In no event shall the owner of the OIL AND GAS FACILITY allow the growth of NOXIOUS WEEDS. D . Any off-site and on -site improvements agreement shall be made in conformance with the County policy on collateral for improvements . E . The OIL AND GAS FACILITY shall comply with all operational requirements of the COGCC . F . An OIL AND GAS FACILITY shall be in compliance with the Department of Public Health and Environment, Air Quality Control Commission regulations . Sec . 23-2 -980 . - Application requirements . 11 � Page A. The purpose of the application is to give the applicant for a USR for an OIL AND GAS FACILITY an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, on the record , to be unnecessary to a decision on the application : 1 . A statement which explains how the USR for an OIL AND GAS FACILITY is consistent with the Weld County Code in effect at the time of the filing of the application . 2 . A statement which explains that the OIL AND GAS FACILITY will be compatible with the existing surrounding land USES located within one thousand ( 1, 000) feet of the boundary of the OIL AND GAS FACI LITY. 3 . A statement which explains that the OIL AND GAS FACILITY will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code in effect at the time of the filing of the application . 4 . 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. 5 . A statement which explains that if the OIL AND GAS FACILITY is proposed to be located in the A (Agricultural ) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the OIL AND GAS FACILITY. 6 . A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the owners of property who are located one thousand ( 1,000) feet of the boundary of the OIL AND GAS FACILITY. B . The following general information shall be submitted : 1 . Name, address and telephone number of the applicant or operator if the surface owner of the OIL AND GAS FACILITY is not the applicant . 2 . Name and address of the fee owners of the OIL AND GAS FACILITY proposed for the USR if different from above . 3 . Legal description of the OIL AND GAS FACILITY under consideration . The applicant shall include information as to whether a Subdivision Exemption has been approved for the OIL AND GAS FACILITY. 4. Total acreage of the OIL AND GAS LOCATION and OIL AND GAS FACILITY. 5 . Existing land USE of the OIL AND GAS FACILITY. 6 . Existing land USES of all properties ADJACENT to said OIL AND GAS FACILITY. 7 . Present zone and overlay zones, if appropriate . 12 � Page .� . _ f _ �� _ _ _ , _ _ r .- � _ _ _ _ _ 8 . Signatures of the applicant and fee owners or their authorized legal agent . 9 . 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 one thousand ( 1000 ) feet of the OIL AND GAS FACILITY subject to the application . The source of such list shall be the records of the County Assessor, or an ownership update from a title or 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 . 10. An affidavit listing the names and addresses of all the mineral owners and lessees of mineral owners on or under the OIL AND GAS FACILITY. The list shall be prepared from the real property records by a person qualified to perform the task and shall be current as of a date no more than thirty ( 30) days prior to the date the application is submitted to the Department . 11 . Where an authorized legal agent signs the application for the fee owners ofthe OIL AND GAS FACILITY, a signed surface use agreement, or a letter granting power of attorney to the agent from such owners must be provided . 12 . Copy of the deed or legal instrument by which the surface owner obtained an interest in the OIL AND GAS FACILITY. 13 . 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 . 14 . The applicant will need to work the Weld County Office of Emergency Management to put together an Emergency Action Plan if the quantity of the oil stored at an OIL AND GAS FACILITY is over 2 ,000 bbl . 15 . An access permit from the Weld County Department of Public Works . C . A detailed description of the OIL AND GAS FACILITY shall be supplied . Details for the following items, when applicable, are required : 1 . The layout and design of the OIL AND GAS FACILITY . 2 . A statement describing the number of people who will use this site during drilling and completion operations. 3 . A statement describing how the noise be mitigated during exploration in accordance with the requirements of Rule 802 of the Colorado Oil and Gas Conservation Commission rules . 4 . A statement describing the type of lighting on the OIL AND GAS FACILITY and how will it be compatible with surrounding properties during exploration . 5 . A statement describing the type and number of structures and equipment anticipated to be erected ( built ) on the OIL AND GAS FACILITY (wells, tanks, flares, vapory recovery unit) . 13 � Page 6 . A statement describing the size and approximate location of all oil and gas, and/or water pipelines connecting to the OIL AND GAS FACILITY. 7 . A statement describing the kind of vehicles (type, size, weight ) that will access the OIL AND GAS LOCATION during drilling and completion operations and a defined access route . This shall include a traffic narrative with the following information : i . The number of roundtrips/day expected for each vehicle type : Passenger Cars/Pickups, Tandem Trucks, Semi-Truck/Trailer/RV ( Roundtrip= l trip in and I trip out of site ) . ii . The expected travel routes or haul routes for the site traffic. iii . 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 . ) . iv . The time of day when the highest traffic volumes are expected . 8 . A statement describing who will provide fire protection to the site . 9 . A statement describing the drinking water source on the OIL AND GAS LOCATION during drilling and completion operations . 10 . A statement describing the sewage disposal system on the OIL AND GAS LOCATION during drilling and completion operations. 11 . If the drilling waste ( cuttings and fluids) will be disposed of on the OIL AND GAS LOCATION include a statement describing the location and disposal method . 12 . Such additional information as may be required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code . D . OIL AND GAS LOCATION Drawing ( " Location Drawing" ) . 1 . The Location 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 one thousand ( 1,000) feet of the proposed OIL AND GAS LOCATION ( as measured from the proposed edge of disturbance ), 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 Building Units, 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 one thousand ( 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, 14 � Page � . . _ -- amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING . Sec . 23 -2 -985 . - Development standards . An applicant for a Use by Special Review ( USR ) for an OIL AND GAS FACILITY shall demonstrate conformance with and shall continue to meet the DEVELOPMENT STANDARDS approved and adopted by the County . The DEVELOPMENT STANDARDS shall be placed on the permit prior to recording . Noncompliance with the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the USR by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant . The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are f available for noncompliance with the development standards. � Sec. 24-8-30. - Subdivision Exemption . IA . The subdivision exemption is intended for the following s+� seven ( 7b) purposes : 1 . Division of a parcel of interest in a parcel which does not result in the creation of a new residential or permanent building site . When otherwise allowed by recorded exemption regulations, the subdivision exemption can be utilized in conjunction with a recorded exemption to separate one ( 1 ) additional existing habitable residence with accessory outbuildings from any of the recorded exemption parcels . A subdivision exemption lot in conjunction with a recorded exemption created prior to March 1 , 2004, is eligible for a one-time-only land exemption . A � subdivision exemption lot in conjunction with a recorded exemption created after March 1, 2004, is not eligible for a future land exemption . The subdivision exemption must meet the following criteria : a . A minimum of two ( 2 ) habitable residential improvements are required . b . The residential use of the improvements must be continuous with any gap in use being less than one ( 1 ) year. c . The residential improvements must be continuously claimed and taxed as residences by the Assessor' s Office . d . The subdivision exemption is the best alternative to dispose of existing improvements . e . No more than one ( 1 ) subdivision exemption for this purpose may be submitted with a recorded exemption application . f. The applicant is only eligible to apply for a subdivision exemption if it is the first recorded exemption done on the property on or after December 15, 1992 , the inception date of the subdivision exemption . g . The residences were not originally constructed on separate legal lots . 2 . For adjustment of property lines between two ( 2 ) contiguous parcels . 3 . For the creation of lots for the purpose of financing . 15 � � age a . Lots created for the purpose of mortgaging a dwelling unit shall not result in the creation of a lot to be sold separately . Upon termination of the mortgage arrangement, the lot shall cease to exist . b . Foreclosure of the parcel created for financing purposes shall not create a separate legal parcel unless the process described in Section 24- 1 -40, under Subdivision or subdivided land, has been followed . 4 . For the non - permanent use of a parcel for public utility facilities . I 5 . For the non - permanent use of a parcel for � ' ' ' ' OIL AND GAS � FACILITY, OIL AND GAS STORAGE FACILITY or OIL AND GAS SUPPORT AND SERVICE facilities . Upon termination of the leasehold arrangement, the lot and access shall cease to exist . 6 . For the non - permanent use of a parcel for TELECOMMUNICATION ANTENNA TOWER facilities . 7 . For the non - permanent use of a parcel for a MINING operation . �Sec. 24-8-40. - Recorded Exemption standards. A recorded� exemption application shall comply with all of the following standards : L . The minimum size of any lot proposed with a public water supply is not less than one ( 1 ) acre net. The minimum size of any lot proposed with a well as the water supply is not less than two and one-half (2 '/z ) acres net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners . rrGr c�nr ,rnnrn.irr� n �rrn�.i n �. rfr- � �.irrn 'rn�xiGn � • t •.• vuvv � � ai � aV � � 1 �.( 111V1 � 111 � l L� l \ I \ I I l . Sec. 24-8-45 . Standards For Subdivision Exemptions Created for Use in Coniunction With a Recorded Exemqtion, Adjustment of Propertv Lines Between Two (2 ) Conti�uous Parcels And for Financing Purposes. An application for a subdivision exemption created for use in coniuction with a recorded exemption , adlustment of property lines between two ( 2 ) conti� uous properties or for financin� purposes shall comply with all of the followin� standards : A . The water supply for all proposed lots is adepuate in terms of qualitv quantitv and dependability. B . An adequate sewer service is available to serve the uses permitted on all proposed lots The sewer service shall complv with the reauirements of the aqplicable zone district and the Department of Public Health and Environment . C. An access is , or can be made , available that provides for safe in� ress and e� ress to a public road All accesses shall be in accordance with Chapter 8 Article II of this Code and shall endeavor to 16 � Page , achieve the �oal of no " net increase " in the number of accesses onto adiacent Countv roads when accesses alreadv exist. 1 . Where the access is adlacent to a state hi� hway, the Colorado Department of Transportation has iurisdiction over existin� or proposed access points . The applicant shall be resqonsible for obtainin� a new access permit from the Colorado Department of Transportation . 2 . Conti� uous lots created throu� h the exemption process shall , when practicable , share access . 3 . Existin� or future public ri� hts-of-way and additional access points on County roads shall be dedicated or reserved in conformance with Chapter 22 of this Code and any adopted inter�overnmental a� reements or master plans of affected municipalities. 4 . A new access with a choice as to which County road it feeds onto shall choose the County road with the lowest traffic count. D . The proposed subdivision exemption will comply with Chapter 23, Article V and Article XI of this Code . E . The proposal is consistent with the policies and �oals of Chapter 22 of this Code . F . The proposal is consistent with any adopted inter�overnmental a� reement, if applicable . G . The proposal has taken into consideration master plans of affected municipalities . H . The proposal is compatible with the existin� surroundin� land uses . 1 . The proposal is consistent with the intent of the zone district the exemption is located within as expressed in Chapter 23 of this Code . J . The proposal is consistent with sound land use plannin� practices . K. The proposal is consistent with the Statement of Purpose as expressed in Section 24- 1-30 of this Chapter. 1 . The approval of an exemption mav be conditioned or restricted to carry out the intent of Section 24- 1 -30 of this Chapter or to miti�ate impacts or address concerns of referral a �encies . Conditions and restrictions may include, but are not limited to , creation of conservation easements or other le�al mechanisms to encoura�e a�ricultural production on the parcels and to maintain irri�ation water for the parcels, the utilization of existin� housin�, and the satisfaction of school district concerns, pursuant to the requirements of Section 30-28- 133 (4 ) ( a ) , C . R . S . Conditions of approval shall be met prior to recordin� the plat, and restrictions mav be enforced by means of notes on the plat . 17 � page . 2 .The fact that the applicant has conveved , within the last calendar vear land which would have been considered conti� uous had it been retained , may be considered as evidence of an intent to evade the purpose provisions of Sections 24- 1-30 and 24-8-20 of this Chapter. L. The minimum size of anv lot proposed with a qublic water supplv is not less than one ( 1 ) acre net . The minimum size of anV lot proposed with a well as the water supply is not less than two and one- half ( 2 % ) acres net . Minimum lot sizes do not aqplv in zone districts which allow smaller lots or where exempted bv the Board of Countv Commissioners . M . The proposal is consistent with good a� ricultural practices, if applicable . Sec. 24-8-60. - Exemption plat. An exemption plat shall be prepared after an application is approved and all conditions of I approval have been met . No exemption plat shall be required for a Subdivision Exemption for an OIL AND GAS FACILITY . The applicant shall submit one ( 1 ) paper copy and one ( 1 ) electronic copy ( . pdf) of the plat for preliminary approval to the Department of Planning Services . Upon approval of the paper copy, the app � icant shall submit a Mylar plat along with all other documentation required as conditions of approval . The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services . The Mylar plat and additional requirements shall be recorded within sixty ( 60) days from the date the administrative review was signed . The applicant shall be responsible for paying the recording fee . If the exemption plat has not been recorded within sixty ( 60 ) days from the date the administrative review was signed , or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty ( 60) days of approval , the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial . The Director of Planning Services may grant an extension of time , for good cause shown, upon a written request by the applicant . The plat shall meet the following requirements : Sec. 24-8-100. - Exem tion amendments time rovisions. p p Time provisions do not apply to subdivision exemptions for adjustment of property lines between two ( 2 ) contiguous parcels, for the creation of lots for the purpose of financing� s�for the non - permanent �e�a�y—use of a parcel for public utility facilities, for the non - permanent use of a parcel for TELECOMMUNICATION ANTENNA TOWER facilities, for the non- permanent use of a parcel for a MINING operation or for the non -permanent use of a parcel for OIL AND GAS FACILITY OIL AND GAS STORAGE FACILITY or OIL AND GAS SUPPORT AND SERVICE facilities. Any change to a previously approved exemption, which is not a correction as defined in Section 24-8-90 of this Chapter, shall be processed as a new exemption , if eligible . In the following instances, the recording date of amendments shall not be 18 � � age . . used to calculate the timing provisions of Section 24-8-40 . M . Rather, the date shall be figured by the date of recording of the previous exemption : A . Where a boundary change results in a change of acreage of Lot A , Lot B, Lot C, Lot D or the Subdivision Exemption Lot done in conjunction therewith, and does not create an additional lot . B . Where previous approval of a recorded exemption included more than the minimum lot size required in the affected zone district, and the applicant did not waive his or her right, the applicant is eligible to apply to decrease the larger lot to the minimum lot size required subject to the limitations of Section 24-8-80 . G of this Chapter. 19 � Page � _ _ _ . _ �2 . a. .—. � _ .—c T— � —p. . u'�-�S�. �—=�1 b� . (��f�� PROPOSED MODIFICATIONS i�L""" ` TO THE WELD COUNTY CODE (WCC) 7/��/�{� CHAF� TO BE MODIFIED: Chapter 23 SECTION(S) PROPOSED TO BE 1�ZoUIFIED: See below RATIONALE FOR MODIFICATION: The new codes changes would require a modified Use by Special reviev✓ permit for Oil and Gas Facilities. This permit would be an administrative permit unless determin[.M by the Director of Planning Services to be reviewed and approved by the BOCC. PROP �( e�D MO I�I riC ATION: Changes to Section 23-1-90 — Definitions. / OIL AND GAS PR9Bk�49t�FACILITYI€5: Equipment or improvements used or installed at an OIL AND GAS v LOCATION for the exqloration, production, withdrawal, aatherin�, treatment, or processina of oil or natural aas; excludin� PIPELINE — NATURAL GAS and PIPELINE — PETR0LEUM PR0DUCTS 0THER THAN NATURAL GAS, and all flowlines used or installed at the OIL AND GAS L0CATI0N . The 0IL AND GAS FACILITY shall be located on an 0IL AND GAS. , , r'o�Y��e euv�+ r�4�re m�f�re /��mr��lr��'e` T/� A V � ATfCOV '� n� �i{�uv o�� ir�mpnh ilinr�r4l�i �f��ri�h�ll ��rifti I 1 / / 4L�i+ �+r�� '�� eJlc +II �L �ul� 'rIi m �h �+� ��nn.�i-4�'I �nA F n�4'�r�Rr i Table 23-1E .__._ . __.�., , . .--'-- - ..- ._ ___.._ � �'-- -;- - - , I ,___� , � ; , ; , ; ; , � , , ; ; ; ; ; , � � i � � - -- :[one ;k-2 �R-2 R-�R-4 5 C-1 -2 IC-3 IC-4 �I-1 I-2 I-3 IE IPUD / T �� l� ^_ _ - �----- , , ; - -- __T__ �. __--'� T�� - - _ � � � � ✓ Application iUSR ,USR �USR USR R USR USR USR �YSR ;USR USRSRR 'USRSRR U51 t • US�R i ' � i ______ .. ._.._. � � i ' ____�_.--._ I � '____'_'-�--� . �''--_-'_'______" __. .__'_�i 'u'SiC - uSY5y"Spt't.tiT� �R^VI2W I ��F�Ei�3" °�- ^��'v �6"� ■ * - PUD - Callout by Zone District Requirements, unless specifically addressed in PUD application as a UBR 1 ` S � Page � fIL AND GAS COCATION; A de(inable area where an operator has disturbed or intends to disturb the land surface rn order to locate an oi! and qos focilitV. OIL AND GAS SUPPORTAND SERVICE: Location and operetion bases for businesses whose primary activity includes the following kinds of USE5: a . Parking and maintenance of exploration, production or workover equipment. b. Equipment and storage yards for road and pipeline construction contrectors, and production unit set-up and maintenance contrectors. c. Parking and maintenance for tank and water service companies. d. Storege and rental yards for pipe and production equipmerrt. e. Field OFFICES USED by production-related records and mai�tenance personnel. f. Disposal and recycling sites for production waste (ez[ept production water disposed through either SECONDARY RECOVERY or deep well dispQsaf inethods and the mode of trensport to such injection welis is exclusively via pipeline from the source and no on-site storage occurs�, except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily 9�/ for general company OFFICES used by other than company officials. ,/ �Oil and gas processing facilities and related equipment, including, but not limited to, compressors � associated with gas processing or which compress gas to enter a pipeline for transport to market. �/h . Midstream activities includin� the processin� storin�, transportin� and marketing of oil natural gas and natural �as liquids. /�ETROLEUM REFINERY: An industrial process plant where crude oil is processed and refined into more ✓ useful products such as qetroleum naphtha, �asoline, diesel fuel asphalt base, heatin� oil, kerosene and liquefied petroleum �as. Changes to various sections in Article Itl — Zone Districts: AgriculturaE Sec. 23-3-20. - uses allowed y- r�g��t. c...- �� n i nnin r_ nc oonni irnnni [nrii m�c Sec. 23-3-40. - Uses bv suecial review. ✓ Sec. 23-3-40.A.8 OIL AND GAS FACILITY ✓Sec. 23-3-40.A.9 PETROLEUM REFINERY ESTATE Sec. 23-3-430. - Uses by special review. � `�Sec. 23-3-430.1 OIL AND GAi RR99�E-FIBPi-F ACILTY+€5 COMMERICAL 2 � Page I C- (Neighborhood Commercial) Zone District. ec. 23-3-210.D.6 OILANDGASRR9B�'FI9d�FACILITY4€5 C-2 (General Commercial) Zone District. • Sec. 23-3-220.D.4 OIL AND GAS �Pfd991�f�1APtiFACILITY� C-3 (Business Commercial) Zone District. v Sec. 23-3-230.D3 OiLANDGASRR9BNETJ9P�FACILITY4€5 C-4 { Highway Commercial ) Zone d3istrict. �Sec. 23-3-24D.D� OIL AND GAS�RABF�JBN FACILITY4ES INDUSTRIAL I-1 (Industrial) Zone District �( i^^.�°�' �- . . Use by Special Review /�Sec. 233-310.D.11 OfLAND GAS fACILITY Sec. 23-3-310.E Site Plan Revlew Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPEp, erected, cortstructed, reconstructed, moved or structurally altered or operated in the I-1 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the I-1 Zone District certify and state that the performance standards and district requirementsthat are applicable to the DEVELOPMENTand USES of property zoned I-1 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review En the 1-1 Zone District shall be exempt from the Site Plan Review process and �shall make application for appr4val of a permit in accordance with the requirements and procedures set /forth in Article II, Division 4 of this Chapter. T�^ s,.��..,..:.... :� ,...,,,....,,.., �.�... ., c��..� o;�� o�.,,;"T ✓ I-2 (Industrial) Zone District. "',;ec. 23-�-320.D.18 OIL AND GAS FACILITI/ �. 23-3-320.D.14_ PETROLEUM REFINERY � i 3 � Page Sec. 23-3-320.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVEL0PED, erected, constructed, reconstructed, moved or strudurelly altered or operated in the I-2 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the I-2 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVEL0PMENT and USES of property zoned I-2 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D a6ove as Uses bv Soecial Review in the I-2 Zone District shall be exempt from the Site Plan Review process and /shall make application for approval of a permit in accordance with the requirements and procedures set �� forth in Article II, Division 4 ofthis Chapter. T"� frJl��u'nrt 'r ovomnYoe� 4rr�m � c «o oi�., no.,,o,., �u nnin cnc oonni irnnni � nrn iri � ��.. I-3 (Industrial) Zone District. �' `^�� ./ Sec. 23-3-330.D.20 0ILANDGASFACILITY �ec. 23 3 330.D.21 PETR0IEUM REFINERY Sec. 23-3330.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVEL0PED, ereCted, constructed, reconstructed, moved or structurally altered or operated in the I-3 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the appliEant in the f3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENTand USES of property zoned I-3 have been or shall be complied with atCqrding to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Speciat Fteview in the I-3 Zone iDistrict shall be exempt from the Site Plan Review process and ,shall make appffcation for approvai ofa permit in accordance with the requirements and procedures set �fort in Article II, Division 4 of this Chapte•. T�^ F^T„�:.;:.�° ^�^^, ^'^�' °�^^� � c .,, o� . ., o,., ,. . : nii nn n r_ nc oonn rT nni [ n �iti i�s RESIDENTAIL � 1 (Low-Density Residential) Zone District. ec. 23-3-110.D.6 0IL OR GA; RR9B�JETl�P1 F ACILTY+€5 �D�ivision 6 — USE by Special Review Permits for PIPELINES 4 � Page I � 4ivision 6 anywhere is states PIPELINES changes to say PIPELINE — NATURAL GAS and PIPELINE — Nt i'ROLEUM PRODUCTS OTHER THAN NATURAL GAS. Add a new Division 10: Division 30 - Use by Special Review for Oil and Gas Facility Sec. 23-2-950. - Intent and applicability. A. Use by Special Review (USR) for an OIL AND GAS FACILITY require additional consideration to ensure that the surface use of the OIL AND GAS LOCATION by the OIL AND GAS FACILITY is established and operated in a manner that is compatible with existing and future surrounding land uses. The additional consideration or regulation of the USR for an OIL AND GAS EACILITY is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B. The USR for an OILAND GAS FACILITY is an administretive process and is exempt from the definition of Development set forth in the agreements contained in Chapter 19 of the Weld County Code. The USR application will 6e referred for comment to the planning commission or governing body of any town, city, county and/or town, city and county whose boundaries are within a three-mile radius of the OIL AND GAS LOCATION. C. The Department of Planning Services may approve a USR for an OIL AND GAS FACILITY by granting a Use by Special Review Permit. If the Planning Director determines to administretively approve the USR, he or she may conditio� the decisfon to appro�e upon the applicanYs implementation of technologically feasible and practicabfe mitigation measures or techniques availab�e to mitigate impacts which could be generated by the OIL AND GAS FACILfFY within 1,000 feet of the OIL AND GAS LOCATION. If the Planning Director determines not to administratively approve the USR application, it shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners. D. Any person filing an applica4fon for a USR for an OIL AND GAS FACILITY shall comply with the COUNTY proceduresandCegulationsassetForthherein. Anypermanentexpansionorenlargementoftheoriginally disturbed area of the existing OIL APID GAS LOCATION after September 1, 2016 that increases the OIL AND GAS LOCATION by more than 50% will require the filing of an application for a new or amended USR for an OIL AND GAS FACILITY. E. Ordinary repairs and maintenance may be performed upon equipment associated with a USR for an OIL AND GAS FACILITY so long as such repairs and maintenance do not have the effect of expanding or enlarging the originally disturbed area of the OIL AND GAS LOCATION by more than 50%. F. After September 1, 2016, applications for a USR for an OIL AND GAS FACILIN shall be completed as set forth in Section 23-2-980. The complete application and application fees shall be submitted to the Department of Planning Services. � lS � Page f � G. The Planning Director 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 improvemenis and Agreements and must be approved by the Board prior to recording the USR map. H. An application for a USR for an OIL AND GAS FACILITY shall include the lands within the OIL AND GAS LOCATION. In the event the operator cannot obtain a Surface Use Agreement (SUA) or a Subdivision Exemption those cases will be forwarded to Planning Commission and the Board of County Commissioners for review. I. The aoolicant shall submit one (1) paper copy of the USR map illustratin� the OIL AND GAS FACILITY on the OIL AND GAS LOCATION for preliminary approval to the f/epartment of Planning Services. Upon approval of the paper copy, the applicant shall submit a Myfar map, abnR with all other documentation reauired as Conditions of Approval. The Mylar map ��ustrating the OIL AND GAS FACILl7Y on the O!L AND GAS LOCATION_shall be recordecl in the office of the County Clerk and ReCorder by the Department oT Planning Services-7kie--�nap and :shall be prepared in accordance with the requirements of Section 23-2- 980.D of this Article. The Mylar map slhall be recorded within one hundred twonty ( 17(1J rlayc frnm rha �iarP nf rhe administrative auoroval or the 8oard of Courrtv Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Mvlar�lSR map has not been recorded within one hundred twenty (120) days from the date of the administrative approval or the Board of County Commissioners Resolution approvin� the USR for an OIL AND GAS FACILITY, or within a date specified in the Resolution , the Plannin� Director mav administrativelv extend such a date for a period of up to sixtv (60) days. For a request of time in which to record the Mylar map in addition to the Plannin� Director's administrative extension, the Board�ear�l may require the applicant to appear betore it antl presenE ewdence sunscanuaimg inat ine u»c"rorvi � �rru �p�i ?-R9Bk�TJ9N FACILITY has n �t been a6andoned and Ehat the applicant possesses the willingness and ability to record ₹he Mvlaru� map. The Board of County Commissioners may extend the date for rec�rding the Mylar map. If the Board determines that conditions supporting the original approval of the USR map cannot be met, the Board may, after a public hearing, revoke the U92 for an OIL AND GAS FACILITY: Sec. 23-2-955. - Duties of Department of Planning Services. A. At the discretion of the Director of Planning Services a pre application meeting may be required. If so, the applicant shall arrange for a pre-application conference with the Department of Planning Services. 8. The Department of Planning Services shall be responsi6le for processing all applications for Speciai IReview Permits (USR's) in the unincorporated areas of the COUNTY. The Department shali also have the iresponsibilityofensuringthatallapplicationsubmittalrequirementsaremetpriortoinitiatinganyofficial action as listed below. C. Upon determination that the application submittal is complet�, which shall occur within seven 7 business days of the filinR of the application t he Department of Planning Services shall: 6 � Page 1. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respand within twenty-eight (28) days after the mailing of the application by the I COUNTY. The failure of any agency to respond within twenty-eight (28) days shali+�ay be deemed to be a favorable responsa to the Planning Department. The reviews and comments solicited by the COUNN are intended to provide the COl1NTY with information about the proposed Use by Special Review (USR) for an OIL AND GAS FACILITY. The reviews and commenTs submitted by a referral agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for an USR rests with the Planning Department. a. The planning commission or governing body of any town and county whose boundaries are within a ��•a�,,,z�'.,;r1000 foot radius of the parcel under consideration fqr an USR. b. The planning commission or gaverning body of any city or town that has included the OIL AND GAS LOCATIONparcel in its MASTER PLANNING area or Intergovemmental Agreement. c. Department of Public Health and Environment. d. Department of Public Works. e. Colorado State Division of Wiidlife. f. Colorado State Oil and Gas Conservation Commission. g. The appropriate fire distrid. h. Any irrigation ditch company with facilities on or ad}acent to the=^��' •��'�- '^^`�`'"'"^^OIL AND GAS LQCATION. i. The Department of Pt�nning Servkes may send any other agencies or individuals a referral tqey deemed. necessary. 2. Provide the applicant with a A sign. which shall be pasted by the applicant on the OIL AND GAS LOCATION ��er-�e�erat+eFrfar a USR for an OIL AND GAS FACILITY. The sign shall be posted adjacent to and visihle from a publiciy maintained road right-of-way. In the event the dIL AND GAS LOCATION � F��_is not adjacent to a publicly maintained road right-of-way, one (1) 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 publiely mairatained road right-of-way. 7he sign shall be posted within three (3) days of submitting a complete USR application. Evidence that the applicant posted the sie.n shall beprovided to the Deqartment. T�•• •�.�wA��ed-te�sevi�e �`+�%"��' "Y�TT'Ii F�.xL�r r�r�r� .�r�il n� nF�iln�i�1 3 3. Give notice of the application for a USR for an OIL AND GAS FACILITY to those persons listed in the application as surface owners of property located within one thousand (1,000) feet of the OIL AND GAS 7 � Page CATION. `a' " ' � `�-' ^"''^ '""'' '"` ""'"' `^^``''�""`^^• Such notification shall be mailed first-class bv the Department. The surrounding property owners shall respond within twenty-eight (28) days after the mailing of the notice of the application by the COUNTY. The failure of a surrounding property owners to respond within twenty-eight (28) days may he deemed to be a favorable response to the Planning Department. 4 Give notice af the application for the USR for an OIL AND GAS FACILITY to those oersons listed in the appiication as owners and lessees of the mineral estate on or under the OIL AND GAS LOCATION. Such /�otification shall be mailed first class not less than ten (10) days before the scheduled qublic hearinQ. �/ Such natice is not r�quired bv state statute and is orovided as a cour�esv to the owners and lessees of the mineral estate on or under the OIL AND GAS LQCATION. Inadver�ent errors bv the apqlicant in su��IvinR such list or the Department in sendins such notice shall not create a iurisdictional defect in the hearinQ process even if such error results in the failure of a surroundinz oroaertv owner to receive such notification. 54. Eonfirm that the apnlicant has made efforts ta address any lhue�„ .� -aa��-_concerns of the surrounding property owners and referrel agencies to the satisfaction of ✓ the Planning Director. Upon request by a surrounding property owner or referral agency or local government, the applicant shall meet to discuss ��keiF concerns and may be required to address those concerns through feaseflab{e-besE�ag �"��` ^"":'�' �� /�a Mibi�n�i�e m�9f ,�atechnicallv feasihle or practicable mitisation measuses or techniques. . 6�. Prepare staff comments addressing all aspects of the application, its conformance with the Weld / County Code ��eFap}�li�a�le-�ede-��+�ef+e�ir�a�in effect at the time of filins of the y applicati�n, adopted master plans of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred, and standards contained in this Chapter. 7�. The Planning Services Director may refer a USR for an OIL AND GAS FACILITY to the Planning �ommission and then to the Board of County Commissioners if there are any reasonable concern ^,�,a;e� from surrounding property owners who are located within 1000 feet of the O9L AND GAS LOCATION that cannot be mitigated and/or if the operator cannot or will not agree to any of the provisions in thise code. 8�. If a hearin$ is required the Department of Planning Services will rp euarear�ar�#ef legal notice of said hearing to be published in the newspaper designated 6y the Board of County Commissioners for publication of notices. The date of publication shall be at least ten ( 10) days prior to the Planoing Commission and the Board of County Commissioners hearing. Notice of the hearings shallw�44 be sent to persons listed in the application as surface propertv owners whose properties are ewfler-s-ef�eqerxy located within one thousand ( ] ,0(10) feet of the }aarFel-+►Adec �ar�eraEieflO1L AND GAS LOCATION. Such notification shall be mailed first-class. �8. If a hearing is required the Department of Planning Services will be responsible for providing and posting a sign on the Oll ANfJ GAS LOCATION in a sgot readily S � Page visible from the adjacent publically maintained roadways. The sign will be posied at least ten (10) days eceding the hearing date of Planning Commission and the Board of County Commissianers' hearing. In I the event the •^^^�-�:.:�:—�e�sideraHe+�OIL AND GAS LOCATION is not adjacent to a publitly mamtained road right-of-way, a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way will be posted. The sign posting will be evidenced with a photograph . Sec. 23-2-960. - Duties of Planning Commission. A. Unless the aqqlication is administrativelv approved bv the Plannin,� Director oursuant to Section 23-2- 955. above, t�he Planning Commission shall hold a hearing to consider the application for the �al �^�•'^•�„�.,�. � °�. -,-�,4�(USR). The Planning Commission shall provide recommendations to the Board of County Commissioners coneerning the disposition of the requested USR. The Planning Commission shall approve the request for the USR only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23-2-970 and 23-2-975 of ifiis Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23-2-970 and 23-2-975 are met. The applicant shall demonstrate : / 1. That the proposal is consistent with the Weld County Code � e�inar�ee in effect at the time of the fifon� of the application. j� That the OIL AND GAS FACILITY to be permitted will be compatible with the existing surrounding land ✓ USES. � That the OIL AND GAS FACILITY to be permitted will be c�mpatible with future development of the urrounding area as perm'rtted by the existing zoning and with the future development as projected by Chapter 22 of this Code_�•�Af�5� a€*'�aftad m��al�aes• �hat the application complies with Articles V and Xf of this thapter if the praposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. � That if the OIL AND GAS FACILITY is prop45ed to be located in the A (Agriculturalj Zone District, the pplicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the OIL AND GAS FACILITY. /&. That technicaliv feasible and practicable mitiaation measures or techniaues for the OIL AND GAS `� FACILITY are uiilized for the protection of the health, safety and welfare of the inhabitants ^"�� "'��'�^°.�. who are locaxed within 1,U00 feet ofthe qILAND GAS LOCATIQN. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the officia! record, which includes the Department of Planning Servdces case file, to the Clerk to the eoard within ten (10) days after said recommendation has been made. 9 � Page C. If the Planning Commission recommendation is conditional upon the applicant completing certain /specified items prior to the publicatian of the notice for the hearing by the Board of County v� Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Servites. Sec. �3-2-965. - Duties of Board of County Commissioners. A. The Board of County Commissioners shall: Set a Board of County Commissioners public hearing, to take place not more than forty-five (45) days after receipt of the Planning Commission retommendation, for consideratian of the proposed Special Review Permit (USR). B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon . In making a decision on the proposed Use by Special Reaiew (USR for an OIL AND GAS FACILITY, the Board of County Comm±ssioners shall consider the reeommendation of the Planning Commission, and from the facts presented at the puhlic hearing and the inform�tion contained in the official record which includes the Department of Planning SQrvices case file, the Board of Caunty Commissioners shall approve the request for the USR oaty if it finds that the appl"rcant has met the standards or canditions of this Subsection B and Sections 23-2-970 and 23-2-975 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and 23- 2-970 and 23-2-975 of this Division are met. The applicant shall demonstrate: ✓ 1. That the proposal is evnsistent with the Weld County Code arut•� ,. ^`"�� ^^^''^''^'^ '^`'' ^'^•"`•^^ ^' -a'o��^..�in effect at the time of the fillns Qf the apoiication- /�. That the OIL AND GAS FACILfTY to be �crmitted will be compatible with the existing surmunding land � USES_IUc�ted witfiin 1,00� feet of,the 419_ AND GAS LOCFlTtQN: � That the OIL AND GAS FACILITY to tte permitted wifl be wmpatible with the future DEVELOPMENT of he surrounding area as permifted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any ather applica6le code provisions or ordinances in effect;ss-tk�a�ep�ed Mncrco o� nnic n4 •.ff�+�t�A m. i��i�++Ilaln� at the time of khe filin� of ti�e appl3cation. 4. That the application complies wiEh Articles V and XI of this ChaptQr if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. 5. That if the OIL AND GAS FACILITY is propased to be located in the A (Agricultural) Zone District, the applicanT has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locationai decision for the OIL AND GAS FACILfN. fj!'That there is adequate provision for the protection of the health, safety and welfare of the owners of ,j ro e ' located within 1,0Q0 feet of the Oil AND GAS LOCATION. l0 � Page C. Where technicallv feasible and qracticable mitieation measures or technique '^^��n_ are availab�e to mitigate any negative impacts which could be generated 6y the proposed USE upon the s�re�adi�g-areaArouerties located within 1 000 feet of the OIL AND GAS LOCATION the Board of County Commissfoners may condition the decision to approve the USR upon implementation of such technicalJy feasi6le and precticable miti�ation measures or techniques. rrae�lac�ds ^� «^^�^•^. ^� � ��' ^� ,., �p[��,�i�� n� 4tir"�r�1 ��e��mn��e� r�� -��1fE'�ys. fA'__{�e� ��Pp7��fL� 4La� P/11IAIN Fn A��",� �� MAI/�M/�P�'�}�/\y� � D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a capy of the resolution will be kept in the files of the Clerk to the Board. E. If the USR is approved, the Board of County Commissioners shall arrange forthe Department of Planning Services to record the USR map with the County Clerk and Recorder. Sec. 23-2-970. - Design standards. I �A. An appiicant for a "�� h�� Cr��rinl o..,. .,,.. {USR) for an OIL AND GAS FACILITY shall demonstrate compliance with the following design standards in the apptication and shall continue to meet these standards if approved. 1. Buffering or SCREENING of the OIL AND GAS FAC1LIt'Y from ^^ '�rproperties located within 1.000 �{eet of the OIL ANiD GA� �OCATION may 6e required En order to make the determinatian that it is '� compatible with the S�t�'roundfng 4ses. Buffering or SCREENING may be accomplished through a combinatian of berming, �ndscaping or fencin ag r ather iechniques: Other techni�allv feasibls and �radicable miti�axion measures ar techniques ��^^^�� • +��+��me'�w4 �nrnrk+nrs nr�ll Iei� �e^�� jgp3jp„ ..,,.,�,,,�... .,�;'may be required to ensure compatibility with existing � *tsw•,� and future surrounding lartd uses. Sec. 23-2-975. — Functional star�dards. An applicant for a Sper.ia9 Review Permit (USR) shall demonstrete conformance with the Following operation standards trt the Speciat Revicw Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to c�nsttrur,tion and operation. Once o/perational, the operation of the USES permitted shall conform to these standards. ,/ A. The �peratdon of the OIL AND GAS FACILITY shall comply with the noise standards enumerated in �^^'•��,��--s2-141�:R:S:Riale 802 of the Colorado Oil and Gas Conservation Commission rules. B. The OIL AND GAS FACILITY shall comply with the following fighting standards: ISources of light, '....�, a•.,.. I'nL�4 Fw�m ti�„�, «,.....,,.. ... .n ...,..,.. �,.. � ...ti .� ,-,,..,ti .. .,... .., ,�.��'a,',^� shall be shielded so that light rays will not shine directly onto ADlACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT praperties; and 11 � Page / 2. Lieht from the OIL AND GAS FACILITY shall not ��'� t�"" '�'�'"� '"" `^F1....t...1 I'..6t Fr..... �.+.. li..l.t �... ..�o / may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS and no colored � lights may be used which may be confused with or construed as treffic control devices; and /C. The OIL AND GAS IACATIONAfepefty shall be maintained in such a manner '��` ^�.^.o�' •••^�.��',.�� ,j noE- �2) tnc#�esto qrevent noxious weeds. In no event shall the g�e�er#y owner of the OIL AND GAS LOCATION allow the growth of NOXIOUS WEEp5. D. Any off-site and on-site improvements agreement shall be made in conformance with the County policy on collateral for improvements. E. The OIL AND GAS FACILITY shall comply with all operational requirements of the COGCC. Y � An OIL AND GAS FA�ILITY shall be in compliance wiih the Department of Public Heatlth and Environment Air Qualitv Control Commission r�ulations Sec. 23-2-980. - Application r�quirements. IA. The purpose of the application is to give the applicant for a "`^ `"• `^�"`'' °�"`�"• `USR� for an OIL AND � GAS FACILITY an oppartuniYy to demonstrate through written and grephic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissivners, on the record, to 6e unnecessary to a decision on the application: � 1. A statemeni which ex¢lains how the USR for an OIL AND GAS fACIL17Y is consistent with the Weld County Code �eQde-p�s+R+sie�-a�acd�wa+�ee in effect at khe time of the filin o� f the application. �2. A statement which explains that the OIL AND GAS FACILITV will be compatible with the existing surround}ng tand USES located within 1,4Q0 feet of the OIL AND GAS LOCATION� 3. A statement which explains that the OIL AND GAS FACILITY will be compati6�e with the future / DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT �� as projected by Chapter 22 of this Cvde �es-a�4�kl�Easie-��is+c�r�Qr-cirdlnaraces in effect at the time af the filins of the dpulic�tion. ;ar-tha�-a��+ted MAS-FER-R ' ' ' ' 4. A sfatement 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 Haaard Area identified by maps officially adopted by the COUNN. 5. A statement which explains that if the OIL AND GAS FACILITY is proposed to be located in the A {Agriculturel) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the loeational decision for the OIL AND GAS FACILITY. 12 � Page 6. A statement which expiains that there is adequate provision for the protection of the health, safety and � welfare of the ' � "• ` `' ""'�"a^ ^^^ "�`'" �^" "'T" owners of propertv who are located 1 000 feet of the OIL AND GAS LOCATION: B. The following generel information shall be submitted: � 1. Name, address and telephone number of the applicant or ooerator if the surface owner of the OiL AND GAS LOCATION is not the applicant.s: � 2. Name and address of the fee owners of the OIL ANp GAS LOCATION�e�Ey proposed for the USR if different from above. 3. Legal description of the Oll, AND GAS LOCATION� under consideratiqn. The applicant shall + �include information as to whether a Subdivision Exemption has been approved for the 41L ANB GAS LOCATION�y where the OIL AND GAS FACILITY is to be located. ✓4. Total acreage of the OIL AND GAS LOCATIONqa+�e�4 aw�er�eAsiideraFien. ,/5. Existing land USE of the OIL AND GAS LOCATION. . �. Existing land USES of all properties ADIACENT to said OIL QND GAS LOCATION{�arEel, 7. Present zone and overlay zones, if appropriate. 8. Signatures of the applicant and fee owners or their authorixed legal agent. 9. A certified list of the names, addresses and the carresponding Parcel Identification Numbers assigned � by the County Assessor of ihe owners of Rroperty (the surface estate) within one thousand ( 1000) feet of I the QIL AND GAS LQ�ATION�rty subject to the appli�ation. The source of such list shall be the records of the Caunty Assessor, or an awnership update from a title or 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 recards of the County Assessor, the appfiCant shall certify that such list was assembled within thirty (30) days of the appUcation submission date. /}.0. An affidavit listin� ihe names and addresses o4 all the mineral owners and lessees of minerel owners ✓ on or under the OIL AND GAS LOCATION . The list shall 6e oreoared from the real oroaertv records bv a person aualified to perform the task and shall be current as of a date no mare than thirtv (30) days prior to the date the aqqlication is submitted to the Deoartment. �11. Where an authorized legal agent signs the application for the fee owners vf the OIL AND GAS LOCATION, a signed surface use agreement, or a letter granting power of attorney to the agent from suchtd�e owners must be provided. t ,r/ 12�. Copy of the deed or legal instrument by which the surface ownerap�liea� obtained an interest in V the 91L AND GAS LQCATIQN.p � �ier� 13 � Page I /132. Ifapplicable, anlmprovementsAgreementexecutedbytheapplicant. ThislmprovementsAgreement � shall be in accordance with the CounLy policy and documents for collateral for improvements. J143. The applicant will need to work the Weld County Office of Emergency Management to put together an Emergency Action Plan if the quantity of the oil�c6 stored at an OIL AND GAS LDCATIONFA616�A' is over 2,000 bbl. I ✓154. An access permit from the Weld County Department of Public Works. C. A detailed description of the OIL AND GAS FACILITY shall 6e supplied. Details for the following items, when applicable, are required: l.The layout and design of the OIL AND GAS FACILITY. �2. A statement describing the number of people who will use this site during drillinQ and comoletion ooerations. exp4efaEie�. �. A statement describing how the noise be mitigated during exploratian in accordance with the r2quirements of Rulz L�02 of the Colorado A11 an�i Gas Canservation Commissian rules.: �4. A statement describing the type of lightfng on the OIL AND GpS FAGLiTY and how will it 6e compatible with surrounding properties during explaretion. 5. A statement describing the type and number of structures and equipment ANTICIPATED to 6e erected � (built) on the OIL AND GAS LOCATi N �e (wells, tanks, flares, �apory recovery unit). The final tvne and number of the structures and e�uipment that are erected (built) on the OIL AND GAS LOCATION will he documPnted on the USR Mvlar map. / 6. A statement describfr�g the size and approximate location of all oi� and gas, and/or water pipelines ,� connecting to the OIL AND GAS FACILITY. J7. A statemen[ describing the kind of vehicles (type, size, weight) that will access the OIL AND GAS LOCATION '�'�:� during drillinR and comoletion ooeretions e�cpleFaEiera and a defined accesskaal route. This shall include a traffic n�rretive with the followina �nformation: ✓ i The number of roundtri�sldav exqected for each vehicle tvae• Passeneer Cars/Pickups Tandem Trucks Semi-Truck/Trailer/RV (Roundtrip=l trip in and I trip out of sitel. ✓ ii The ex€�ected travel routes or haul routes for the site trafFic. � iii The travel distribution alona the routes (e.� 50% af tra�e will come from the north, 20% from the south, 30% from the east etc.) � iv The time of dav when the hl�hest traffic volumes are expected. 14 � Page 8. A statement describing who will provide fire protection to the site. �9. A statement describing the drinking water source on the OIL AND GAS LOCATION pFe�erEy during drillin¢ and tomqletion operations.ex�lAraHeR. �10. A statement describing the sewage disposal system on the OIL AND GAS LOCATION�epe�y during dtilling and comRletion operations.ex�fatae�+. ✓ 11. If the drilling waste (cutiings and fluids) will be disposed of on the OIL AND GAS LOCATION}�raryefty include a statement describing the location and disposal method. 12. Such additional informatfon as may be required by the Deparkment of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code. ✓ p �..,,,.•_� a,,.;,,... �,.....:« rUSR� Plan Map. 1. The Plan Map shall be de9ineated on reproducible material approved by the Department of Planning Services. 2. The dimensions of the Plan Map shall be thirty-six (36) inches wide by twenty-four (24) inches high. 3. The Plan Map shall include certificates for the �eEty si�nature of the surface owner or oAerator of the OIL AND GAS LOLATIOM owner's/operatar siQnature, and the signature of the Planning Director if ✓ administratively approv�d, or the signature of the Chairman of the Planning Cammission and the Chairman of the Board of County Commissioners and the Clerk to the Board if the USR is approved by the Board. The required content of the certificates is available from the Department of Planning Services. 4. Vicinity Map. A vkinity map shall be drawn on ihe Plan Map. a. The scale of the vicinity map shall be one (1) inch equals two thousand (2,00D) feet or at another suitable scale if approved by the Department of Planning Services. ✓ b. 7he vicinity map shall delineate all of the reyuired information within a one-quarterhal# (1 4J4) mile radius of the O3L ANi3 GAS LOCAT3ON. pFoperty . c. The following ir�formation shatl be shown on the vicinity map: 1) Section, township and renge. 2) Scale and north arrow. �3) Outline of the perlmeter of the OIl AND GAS LOCATION.�eI proposed for the Use by Special Review. / 4) The general classifications and distribution of soils over the OIL AND GAS LOCATION ^�•^�F�� ✓ Ee+aside€ataera. Soil classification names and agricultural capability classificatians must be noted in the legend . 15 � Page � 5) Locations and names of all roads, irrigation ditches and water features on or near the OIL AND GAS LOCATION. 6) Lotation of all residences within a 1,D00 foot�^� "�.,c.,d;,'�,,;;2 radius of the OIL AND GAS LOCATION, Jexisking and proposed accesses to the OIL ANU GAS LQCATI�N�Se�eHjr—�ap�.ed -for- the-�SR, any abutting subdivisian outlines and names, and the boundaries of any ADJACFNT municipality. 1 7) Any other relevant information within a 1,p00 foot radius ^^�U,.«".a;,`-Y��'„��. �'��,�+.^-,� of the �iaietef �a�e�OIL AND GAS LOCATION as may be reasonably required by the COLIN7Y to meet the intent and purpose of this Chapter. 15. The follawins . aa1-Revi�e+ aceashall be drawn on the Plan Map. a. The scale of the plot plan shali be one inch (1") equals one hundred feet (100) or at another suitable scale if approved by the Department of Planning Serviees. I r b. The plot plan shall outline the b�oundaries of the OIL. AND GAS LOCATIONyar�€e4 being considered for the USR. c. The plot plan shall include the location and identification of all of the following items which exist within a two-hundred-foot radius of the boundaries of the USR area, as well as within the area itself; it shall also include the proposed features and STRUC7URE5 of the Use by Special Review: 1) All public rights-of-wey of recort4 (including names). 2) All existing and proposed 5TRUCTURE5. 3) All utility easQments or rights-of-way for telephone, gas, electric, water and sewer lines. 4) IrrigatiOn ditches. I �5) Adjacent property lines and respective surface proQertv owners' names (may be shown on vicinity map instead). 6) All hydrographic features includfn� streams, rivers, ponds and reservoirs (including names). 7) Topography at two-foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8) Location of areas of moderate or severe soil limitations 9) Approved access(es) 10) Location, amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING . j11) Location of any flood hazard, or GEOLOGIC HAZAR0. ^� ^^'^^.�' ��^, •�� - �� 16 � Page 12) Plat Certificate Signature Blocks for 1) Property Owner(s), 2) Planning Director or 3) Planning Commission and 4) Board of County Commissioners. 13) Such additional information as may be reasonably required by the Department of Planning Services, / the Planning Commission or the Board of County Commissioners in order to determine that the Y application meets the requirements of this Chapter, ihe policies of Chapter 22 of this Code �^^' �^�.�: ir�ac�e-��in effect at the time of the filin� of the application: 6. The Plan map may include the information required by COGCC Rule 303 .b.{3).D., E., and F. Sec. 23-2-985. - Development standards. An applicant for a Use by Special Review (USR) for an OIL AND GAS FACILITY shall demonstrate conformance with and shall continue to meet the DEVELOPMENT STANDARDS approved and adopted by the County. The DEVELOPMENT STANDARDS shall be placed on the USR Map prior to recording. Noncompliance with the approved DEVELOPMEfVT STANDARDS may be reason for revocation or suspension of the USR by the 8oard of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availa6ility of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standards. �ec. 24-830. - Suhdivision Exemption. A. The subdivision exemption is intended for the following sf� ei�ht (85) purposes: 1. Division of a parcel of interest in a parcel which does not result in the ereation of a new residantial or permanent building site. When otherwise allowed by recorded exemption regulations, the subdivision exemptian can be utilized in conjunction with a reeorded exemption to separate one (1) additional existing habitable residence with accessory out6uildings from any of the recorded exemption parcels. A subdivision exemption lot in conjunction with a recorded exemption created prior to March 1, 2004, is eligible for a one-[ime-anly land exemption. A subdivision exemption lot in conjunction with a recorded exemption created after March 1, 2004, is not eligible for a future land exemption. The subdivision exemption must meet the following criteria: a. A minimum of two (2) habitable residential improvements are required. b. The resirlential use of the improvements must be continuous with any gap in use being less than one (1) year. c. The residential improvements must be continuausly claimed and taxed as residences by the Assessar's Office. d. The subdivision exemption is the best alternative to dispose of existing improvements. e. No more than one (1) subdivision exemption for this purpose may be submitted with a recorded exemption application. 17 � Page f. The applicant is only eligible to apply for a subdivision exemption if it is the first recorded exemption done on the property on or after December 15, 1992, the inception date of the subdivision exemption. g. The residences were not originally constructed on separate legal lots. 2. For adjustment of property lines between two (2) contiguous parcels. 3. For the creation of lots for the purpose of financing. a. Lots created for the purpose of mortgaging a dwelling unit shall not result in the creation of a lot to be sold separately. Upon termination of the mortgage arrangement, the lot shall cease to exist. b. Foreclosure of the parcel created for financing purposes shall not create a separate legal parcel unless the process described in5ection 24-1-40, underSubdivisionorsubdivided lond, has been followed. 4. For the non-permanent use of a parcel for public utility facilities. 5. For the non-permanent use of a parcel for oil and gas ^•^,��facilityles, oil and gas storage faci�ity or oil and gas support and service facilities. Upon termination of the leasehold arrangement, the lot and access shall cease to exist. 6. For the non-permanent use of a parcel for Telecommunication Antenna Tower facilities. 7. For the non-permanent use of a parcel for a mining operation. 8.OIL AND GAS LOCATION Sec. 24-8-40. � Recorded Exemption standards. A recordedc� exemption application shall comply with all of the following standards: Sec. 24-S-300. - Exemption amendments time provisions. Time provisions do not apply to subdivision exemptions for adjustment of property lines between two (2) contiguous parcels, for the creation of lots for the purpose of financing� er for the non-permanent Eer�er-afy—use of a parcel for pu6lic utility facilities, for the non-permanent use of a parcel for Telecommunication Antenna Tower facilities, for the non-permanent use of a parcel for a minine operation or for the non-permanent use of a parcel for oil and �as facility, oil and gas stora�e facilitv or oil and �as support and seroice facilities. Any change to a previously approved exemption, which is not a correction as defined in Section 24-8-90 of this Chapter, shall be processed as a new exemption, if eligible. In the following instances, the recording date of amendments shall not be used to calculate the timing provisions of Section 24-8-40.M. Rather, the date shall be figured by the date of recording of the previous exemption: A. Where a boundary change results in a change of acreage of Lot A , Lot B, Lot C, Lot D or the Subdivision Exemption Lot done in conjunction therewith, and does not create an additional lot. B. Where previous approval of a recorded exemption included more than the minimum lot size required in the affected zone district, and the applicant did not waive his or her right, the 18 � Page applicant is eligible to apply to decrease the larger lot to the minimum lot size required subject to the limitations of Section 24-8-80.G of this Chapter. �` : , "r ' i . , i°;:: . , „ l j /�. �/i.: V/.'<S >ii:> "i�/.. �� Y. l'�� i�/1 /�l%�.� . . . / fJ'� !. - . � . ' �/�/5��. 19 � Page 1 � g1� � �� , a � -�'�, e � �� PROPOSfD MODIFICATIONS TO THE WELD COUNTY CODE (WCC) ��J� _ _ „� � � CHAPTER TO BE MODIFIED: Chapter 23 / / ��/� 11•Jc%��Cw.� 1�(u�—t Fra�... SECTIONIS) PROPOSED TO BE MODIFIED: See below (4 , Z\ �/tHS. RATIONALE FOR MODIFICATION: � The new codes changes would require a modified Use by 5pecial review permit for Oii and Gas Facilities. This permit would be an administrative permit unless determined by the Director of Planning Services to 6e reviewed and approved by the BOCC. PROPOSED MODIFICATION: Changes to Section 23-1-90 — DefiniYions. 0!L AND GAS AR98kJE3'16I�FAC!L!7Y�S: �� ^°�.,a.;-n�,�,-Equipmg�t pr !mprovements u5ei1 Qr in�alled at an OIL AND GAS LOCATION for the exbloratwon tlroduction withdrawal AatherinR. .,y_ treatmenx, or processin� of oil or natural �as�; excludi,g$ PIPEUNE — NATURAL GAS and PIPELINE � -G+`f' ° � — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and all flowlines used or installed at the �� ' OIL AND GAS LOCATION. The AfL AND GAS FACILITY shaA be loeated on an OIL AND GAS �� Y 1 � a�- � � c p: . Tlf?N. , �r �� +"" . • „ �, ,.:. . Table 23-1E Zone Rd �R-2 R-3 R-4 �R-5 �-1 'C-2 'C-3 'C-4 �I-1 il-2 f-3 E . PUD �A I !Application USR !U5R USR USR iUSR U5R �USR �USR USR �USR I�SRSP�R IU�R� USR �* US�R , USR - Use by Special Review co�c��oi�..��,� � 3ioo ii �.. ti. . �;..Ns . . �,-rt + , . ' 1 � Page • s � ` - PUD - Callout by Zone District Requirements, unless specifically addressed in PUD application i as a UBR l Q!L AND 6A5 L0CATI0N.• sha14-mearrA defina6le area where an oneraEor h disturhed or intends to disturb the land surface in order to locate an OIL AWD GAS fACILITY. 0!L AND GA55!lPPORT AND SERVICf: Location and operation bases for businesses whose primary activity includes the following kinds of USE5: a. Parking and maintenance of exploration, produdion or workover equipment. b. Equipment and storage yards for road and pipeline construction contractors, and producti4n unit set-up and maintenance cantraetors. c. Parkin� and maintenance for tank and water service companies. d. Storage and rental yards for pipe and production equipment. e. Field OFFICES USED by produdion-related records and maintenance personnel. f. Disposal and recyciing sites for productio� waste (except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injedion wells is exclusively via pipeline from the source and no on- site storage accurs), except businesses whose activities are pnmarily manufac#uring and fabrica₹ing or whose use is primarily for general company OFFICES used by other than company officials. �Oil and gas processingfacilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for trensport to market. h. Midstream activities includane the nrocessine storin transoorting and marketina of Qil natural sas and natural eas liauids PETROLEUM RffIN fRV - �An industrlal nrocess �lant where crude oil is nrocessed and refined i�to mare useful nroducts such as petraleum naahih�ol]ng diesel fuel asqhalt base � heatlne oil kerosene and liauefied oetroleum aas �'`' t ��" -.! �.a'.�- �e€�r��-! 2 � Page PlPfCINE- NATURAL GA5: #a�4�Anv nipeline and aoaurtenant facilities �apable of "'— transnortinz natural �as which is twelve ( 121 inches in diameter or larger, as measured from the t�u2�ide of ttae pipeline,�nd is desf�;ned to eperate at a hoou stress of twentv percent 20°� or more at their soecified minimum vield strenRth ($MYSI, as shown on construction olans or � �a� dia�rams. � a �"'""�� t PIPELINE — PETROLfUM PRODUCTS OTHER THAN N.4TURAL GAS: iBi61Md8��Any pipeline and i appurtenant faciiities caoable of transoortina anv other petroleum derrvatives which is thirteen L131 inches in diameter or IarQer as measured from the outside of the oiaeline, ree,ardless of hoop stress. Changes to various sections in Article III — Zone Districts: Agricultural Sec. 23-3-20. - Uses allowed by right. cP.. ''�� IJ .�{AAI-FAC,�IF1E� Sec. 23-3-a0. - Uses by special review. Se�. 23-3-40.A.� OIL AND GAS FAClLI�Y Sec. 23-3-40.A.9 PETROLEUM RFFINERY Sec. 23- 3-40.MM - PIPEUNE — NATURAL GAS � �-�Rti�3.� �.,--'� Sec. 23-3-40.NN - PIPELINE — PF_ TROLEUM PRODUCTS OTHER T IAN NATURAL G'AS ESTATE Sec. 23-3-430. - Uses by special review. Sec. 23-3-430. 1 OIL AND GAS RF'9B4J£�49P4FACILITY4€5 Sec. 13-3-430.N - P1RF(.1N£ - NATURAL GAS f'C.�'`^'-v `� 5t�t. 23-3-430. D - PlPELINE - PETROLEUM PROD(iCTS {�l�MFai�, THAN hfATl1RAL GAS 3 � Page COMMERICAL C-1 (Neighborhood Commercial) Zone District. Sec. 23-3-210.D.6 OIL AND GAS ��^^',�'.�FAQLITYI€5 Sec. 23-3-210.D. 13 - PIPELINE — NATURAL GAS �� `,�� Sec. 23-3-210.D. 14 - PIPELINE — PETRQLEUM PRODUCTS OT}iER THAN NATURAL GAS C-2 (Generel Commercial) Zone District. Sec. 233-220. D.4 OILANDGASRRA941E�JAA�FAClLITY4E5 �ec. 23-3-Z�1�D. 11 - PIPELINE — NA RAL GA3 � j t,t�� - Sec. 23-3-220. D. 12 - PIPELiNE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS C-3 (Business Commercial) Zone District. Sec. 23-3-230.D.3 OIL AND GASPR99k76T+9PL-FACILITYI€5 Sec 23-3-230.0. 12- PIPELiNE — NATURAL GAS '� ��,�'^"""'� ( Sec. 23-3-230. D. 13- PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS C-4 (Highway Commercial) Zone District. Sec. 23-3-240.D.3 OIL AND GAS-RitA9UC-�1AP1 FACILITYI[5 S�c. 23-3-240. D.7 - pIPELINE — NATURAL GAS „� - 7 ;"`��"t" A Sec. 23-3-240. D.E - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS 4 � Page INDUSTRIAL 1-1 (Industrial] 2one District Se�� .�-�-v314'):-��.�. , -4��-A�{3�-RR#l�4��tiF1�FA{'f�i4�'1 e�'`r Use by Special Review Sec. 23-3-310.�]. 11 OIL AND GAS FACILITY Sec. 23-3-310. D. 12- P I P E LI N E — NATU RAL GAS Sec. 23-3-31D. D. 13- PIPELINE — PETROLEUM PRqDU TS OTHER THAN NATURAL GAS Sec. 23-3-310. E Site P1an Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DfVELOPED, erected, constructed, reConstructed, moved or 5trueturally altered or operated in the I-1 Zone Distrid untll a Si Plan RF� levir has been approved by the Jr- 6.,.m, M 1a,, .,, c , De�ertment. It sha 1 be nec�ssary that the applicant in the I-1 Zone District certify and state that the performance standards and d�strict requirements that are applicable to the DEVELOPMENT and USES of property zoned I-1 have been or shall be complied with according to the intent of Article 11, Division 3 of this Chapter. This shall be accompiished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I-1 Zone �istrict shall be exempt from the Site Plan Review proeess and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. T�.., j�'�.o.4a�ls.�; +�er�t�ed•#r�r:+-a��a�+rr; �r I-2 (�ndusirial) Zone Distrid. Sec. 23-3-320. D. 18 OIL AND GAS FACILITY Sec. 23-3-320. D. 19 PETROLEUM REFINERY Sec. 23-3-320. D. 20 - PIPELINE — NATURALGAS Q��,1u�� Sec. 23-3-3,2D,D.21 - PIPELINE — PETROLEUM PRODUCT5 OTHER THAN NATURAL GAS S � Page - �w Sec. 23-3-320.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurelly aitered or opereted in the I-2 Zone District until a Site Plan Review has been approved by the Dcy�a�c�zeac-o-� R�acu�i�.g3ewieesDepartment. It shall be necessarythat the applicant in the I-2 I c�ne u�szna ceR�ry ana state mat tne perrormance standards and distrid requirements that are applicable to the DEVELOPMENT and USES of property zoned I-2 have been or shail be complied with according to the intent of Articte II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I-2 Zone District shall be exempt from the Site Pian Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter • �e-fe4lew�+s e*eak��,:4��P��i ev�se�.�r E>4l- ANL361\� PRi3f3ll�TS�N-k+t6�EFl l€�: I I-3 (Industrial) Zone District. I �L�E--�3-�-�,3A-��---�kk-AND-d11�SRfZnn� �rr�nni � nr� � �r�cc ISec. 23-3-330.D.20 O{L AND GAS FACILITY Sec 23-3-330. D . 21 PETROLEUM REFINERY Sec. 23-3-330. D.Z2 - PIPELINE — NATURAL GAS Sec. 23- 3-33a.D.23 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS Sec. 23-3-330.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or opereted in the I-3 Zone District until a Site Plan Review has been approved by the 9ep�t�,e+,Eo��{a��;-�^�:.;�De �art,nent. �t shall be necessary that the applicant in the 13 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D 6 � Page � above as Uses by Speeial Review in the 1-3 Zone Diatrict shall be exempt from the Site Plan Review proeess and shall make applicatian for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter.�e�alJew��s @1Fk�-�1��&!�i-3 f{$45..�ddR-�.f`M+Q!Af�%� RESIDENTAIL R-1 (Low-Density Residential) Zone District. Sec. 233-110. D.6 OIL OR GAS RR88�lE�1AP�FAQLITYF€5 Sec. 233- 110. D . 12- PIPELINE — NATURAL GAS Sec. 23-3-110,D. 13- PIPELINE — PETROLEUM PROpUCTS OTHER THAN NATURAL GAS ._....---....---�,.^ Division 6 - USE by Speclal Review Permits for PIPELINES In Division 6 anywhere is states PIPELINES changes to say PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PROQUCTS OTHER THAN NATURA� GAS. Add a new Division 10: D3vision 10 - Use by Special Review for Oil and Gas Facility Sec. 23-2-950, - Intent and applicability. ,'-�I 4�D'e n ��-` C:� • a°� � A. Use by Special Review (USR� for an OIL AND GAS F,qC1LITY require� additionai consideration to ensure that i� the surf�ce use af the OIL AND GAS LOCATION bv the QIL RND GRS fACILiTY •Is esYablished and nperated in a manner that is compatible with existing and future surrounding land uses. The additional consideration or regula#ion of the USR for an OIL AND GAS FACILITY is designed to proted and promote the heakh, safety, convenience and generel welfare of the present and future residents of the COUNTY. B. The USR for an OIL AND �AS FACILITY is an administretive process and is exempt from the definition of �development�set forth in the agreeroents contained in Chapter 19 of the Weid Cour�ty Code. The USR appiication will be referred for eomment to the planning commission or 7 � Page 0 governing body of any town, titv, countv, and/nr citq and county whose boundaries are within a three-mile redius of the �afE�l-Ull AND G{�S IOfATION � ^ a�- ��-�'•'^•-•°^^ . C. The Department of Planning Services (D�partmientl may approve a USR for an OIL AND GAS FACILITY by granting a Use by Special Review Permit. If the Planning Direttor determines to administretively approve the USR, he or she may condition the decision to approve upon the � �"^`�``�' applicant's implementation of �sswa�letechnoloqicallv f�asible and p5enon+�eelkwpracticabie C� '"`' miti ation measur,es metha�dsor techniques available to mitigate aay-negat+v�impacts which �� `�� 1 could be genereted by the OIL AND GAS FACILITY a�q�n 1,ppQ f�pf �"� `'� 6�cc� the O!L AND GAS lOCATION (cr �} � ` . n �a ��; � . If the Planning Director determines not to adminlstretively � U T`� approve the USR aapNtation. khe�a5e-it shall be reviewed by the Planning Commission. The L � Planning Commission recommendation shall be forwarded to and considered by the Board of t ti,,,� � s County Commissioners. � D. Any person filing an application for a USR for an OIL AND GAS FACILITY shall comply with the COUNTY procedures and regulations as set forth herein. Any permanent expansion or enlargement of th� Driginaitv disturEs� area of Yhe exis3iraa �Il. AMO �'iAS LQCATI4N at+-Q�AHE� �"` r_ nc [ A!'111N �-Tafter September 1, 2016 that increases the OIL AND GAS LOCATION by more than .�"'�,{ � 50% will require the flling of an aoolication far a new or amended USR for t#�e-an OIL AND GAS I , FACILITY. -- �'K<-rQ E. Ordinary repairs and maintenance may be performed upon 3FAd6iJJR€5�eaUipmerat � U `( ti�; associated with�� USR for an OIL AND GAS FAGUTY so long as such repairs and 5 ✓�� ` maintenance do not have the effect of expanding or enlarging tbe orio,inallv dfsturbed area oi ��,� I�y � '� the OIL AND GAS LOCATION by more than SU � � ,- F. After September 1, 2016, applications for a USR3 for an OIL AND GAS FACILITY shali be completed as set forth in Section 23-2-980. The complete application and applitation fees shall be submitted to the 9apar�ec� Reaa�#ment. �t�+ a1� ,t i.. G. The PIan�In� Dir�ctar ma ,�e�,�a�sp�licant � �-to submit an Improvements Agreement.�g � _ stzu . requ�re impr4vements to miti�ate impaets caused by the OIL AND GAS FACILITY. The Impro�ements Agreement shail be made in eonformance with the County policy ��kfor Improvem�nts a�A,�reements artd must be approved by the Board prior to recordingthe USR map. H. An application for a USR for an OIL AND GAS FACII,ITY shall include the lands within er�i►e ' the OIL AND GAS LOCATIONFAfa1�K�nrtll � } — u 8 � Page �-{'Gu`�•.._ ..r.�\ �C+�`r�--�c 'e�f��1.c ��c �..\ �.t O�- S'Pt C. or � ��,LI� > ��S ; �.�,ka[ .W�� - �'t,,, . � ta �:.n�.cl. � v � ,� �. An apolication for a USR for an O!L AND GAS FACILITY mav include more than one � s � ,� OIL ANp C�AS LQCATION on laraer areas df ¢�ronertv ow�red b,y an individual surface owner In �lH,.�.. •� the event the operetor cannot obtain a Surface Use Agreement (SUA) e�and a Subdivision �--= Exemption or when in the oeinion of the Plarenin� Director the aoulicanYs pr000sed im aem taX1 vf teth� ! rca! feasi nd racticable miti tion measurQs or techniaues w9 rtlaate the imoacts of the OIL AND GAS FACILITY the aoQlication-t#ese-sase5 wili be forwarded to Planning Commission and the Board of County Commissioners for review. �� ' � I. The applicant shall submit one (1) paper copy af the USR map Illustratin the Ofl ANp GAS . �� { FACILITY on tha OIL AND GAS LOCATION for preliminary approval to th 8epart�ei' v fwc�s-� �/ a�y�nai�w�rt Cn� �er�r � � e� � , �-�s-�+��e1a_ar-k�. Upon approval ofthe paper capy, the app icant shall submit a .1 ' � Mylar map, along with all other documentation required as Conditions of Approval. The Mylar ,�.U '�"'� � map il9u r t�a� t QIi ,AF} F CLL17Y on the OIL AMD GAS LOCATIQN shall be recorded in ,�bjCF� �the off'ce of the County Clerk and Recorder by th ' "�� . �he-rt��tt shall be prepared in accordance with the requirements of � Section 23-2-980. D of thls Article. The Mylar map ara�-a��aer�ai-re�uerer�et�shall 6e J�Q�� recorded within one hundred twenty (120� days from the date of the administrative approval or the Board of County Commission rs esolutioc�. Th,7e applicant shall be responsible for paying the recording fee. If a �Mvla�map�� nok� erf recorded within one hundred twenty (120) ��7r�,� days from the date of the adminfstrative aaoroval or the Board of County Commissioners 4 � Resolution a�brovintt the USR Frar an Q�L ANB GAS FACIL3TY, or within a date specrfied in t e Resolution , the Plannlna pirectar mav adtp�inistretivelw eutend such date for a ueriod af up �o s�tv i601 days For a reauest of time in which to re�ord th� Mvfar map on additio� to the Plarming.Director's admhtistratirre eak4ensio�the Board may requ�re the applicant to appear before it and present evidence substantiating that the USR for OIL AND GAS P�ii�39P�FACILITY has not been abandoned and that the applicant possesses the willingness and ability to record the 4l�SR-Myl�r,map. The Board of County Comreissioners may extend the date for recordingthe Mviar map. If the Board determines that conditions suppprting the originaE aAproval of the USR map cannot be met, the Board may, after a public hearing, revoke the USR_fac �n QIL AN� GAS FACILITY. Sec. 23-2-9SS. - Duties of Bepa�t�€+cnt +�#-Rlan�`�icesQecrartment,, A. At the discretion of the Plannina Direc#or� �Panaiwg�Sef�+it�s..a pre_appiication meeting may be required . If so, the applicant shall arrange for a pre-application conference with the Qeoartment. 9 � Page B. /fhe shall be responsilale for processing all ap`ptications for ' USR's� in the unincorporated areas of the COUNTY. The Department shall also have the responsl6ility of ensuring that all applieation submittal requirements are met prior to initiating any official action as listed below. C. Upon determination that the application submittal is complete, which shall sas�ur within seven (7) business days of the filan� of the anolication, the �r��ertt-e€ RMaa�+teg �'iervt�es�L shall: 1. Refer the application to the following agencies, when applicable, for review and camment. The agencies named shall respand within twenty-eight (28) days after the mailirsg of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28) days �shall be deemed to be a favorabie response to the Pdar�iflg-Departan�nt. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review (USR) for an OIL AND GAS FACILITY. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for an USR rests with the �lanntia� Department. —rt..�.,� / ' a. The planning commission or governing body of any #awP�,j+�A-e�w�tawn, citv. couniv, or c� and cnuntv whose boundaries are within a.�qce4.�Ne^�adius of the parcel ua9ea c�asi�er�ier� for an USR. � �*'a `�'� �^'�`°�`'�`-'`� U b. The planning commission or governing body of any city or town that has included the qaFEN01l14MD GAS L�CATIDN in its MASTER PLANNING area or Intergovernmental Agreement. c. Department of Public Health and Environment. d. Department of Public Works. e. Colorado State Division of Wildlife. f. Colorado State Oil and Gas Conservation Commission. g. The appropriate fire distriet. h. Any irrigation ditch company with facilities on or adjacent to the �e1OiL AND G�45 LQCATION , i. The pe9artment may send any other agencies or individuals a referral tkey-deemed necessary. l0 � Page 2, �Frovide the a�nUcant w�th a sign, wMich shall 6e posted by the applicanx on the p�e{s�ecq+OlL ANU GAS IqCATION for a USR for an OIL AND GAS FAQLITY. 7he sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the IL 6,NR GAS LS3CA�ION is not adjacent to a publicly maintained road right-of-way, one (1) sign shall be posted in the most prominent place on the �ire��tJlL ANi� GAS LO. ,,�TiON 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 within three (3) days of submitting a camplete U5R application. Evidence that che a{�glJcamt �asted khe sran sf►�II he oro+rlt�! tn the Qe�ment �� . 3. Give notice of the applicatian fieF-�fur tlie U5R for an OIL AND GAS FACILITY to those persons listed in the application as surface owners of property located within one thousand (1,000) feet of the OIL AND GAS LQCq7dpP1 • �sidefatieFr. Such notificatian shall be mailed first-ciass bv the Denartment. The surrounding 5urface property owners shall respond within twenty-eight (28) days after the mailing of the notice of the application by the COUNIY. The failure of a surrounding property owners to respond within twenty-eight (28) days may be deemed to be a favorable response to the Planning pepartment. 4. Give notice of the aoqlication for the USR for an OIL AND GAS FAGLITY to thase oersons 13t�d Irt the at��licati�an �s ow�ers and lessees of the mineral estate on or under the OIL AN� e..._ GAS LQCATION. Such netification shall be mailed firs4 class not less than ten 1101 days before �he5ch�dsaled Rukslic hearima S�ch n,otl� is nnt reg�ulred bvs�..�at�statute and is orovided asa courtesv to the owners and lessees of the mineral estate on or under the narcel Inadvertent errora bv the amblirant In synolrir�a st��+ (Ist �r tfie„�g�rtmQ�t in sendwrryF sWch nmti , sfiail not ereate a iurisdictional defect in the hearin� orocess even if such errar resulis in the failure of a surroundlne orooerri owner to receive such notSfication � 45. Cunfi�rm that the anpli�ant has made 2i�o�ts to addre�s anv concerns of the surrounding property owners and referrat agencies to the satisfaction of the Planning Director. Upon request by a surrounding property owner or referral agency or local government, the applicant shall meet to discuss �€asay concerns and may be required to address those concems through •^-r^-,� ^�� te�hn�caily #��si6�� r ��y. p�aeticabl� mitigation measures or technipues. I1 � Page 36. Prepare staff comments addressing all aspects of the application, its conformance with the Weld County Code a��any-eck+�-a��l fa-e#eE�in effect at the tlme of th� fil�ntt �f th� ap�licxtiqn, adopted master plans of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred, and standards contained in this Chapter. 67. The Planning Serv�ces Director may refer a USR for an OIL AND GAS FACILITY to the �Plann� Cqm ission an then to the Board of County Commission�ers.,rf�t,,h.e.� re any � „��ar�paeuts from surrounding property awners�wh�� ocai " ted wit1� i Q00 fe t of the OIL AND GAS LOCATIQN tor beyond said ] 000 feet if deemed relevant bv the Plannin� birector that cannot be mitigated and/or if the operator cannot or will not agree to any of the provisions in �this Code. �8. If a hearing is required� the� � Q',-.-.a:,�„ - � -� r#�sra�nt wiil ar�aage faF re arelegal notice of said hearing to be published in the newspaper designated by the Board of County Commissianers for publication of notices. The date of publication shall be at least ten (10) days prior to the Planning Commission and the Board of County Commissioners hearing, Notice of the hearings wil�shallbe sent to persons listed in the application as r�n++�e€s��us rface property owners whose orooeRiQs are located within one thousand (1,000� feet of the {�arc�lt'J!t AND GAS I.QCATtDN under consideration. Such notificatian shall be mailed first-class. 89. If a hearing is required the . Uepartm�nt will be responsible for providing and posting a sign on the are�eFEyQIL ANp GAS LOCATiON ' in a #ecatier+ Spot readily visible from the adjacent publically maintained roadways. The sign will be posted at least ten (10) days preceding the hearing date of Planning Commission and the Board of County Commissioners' hearing. In the event the pr�e�tyalL ANLI 6A5 LOCATit'.,7N ��e��s�+�at+e�a is not adjace�t to a pu6licly maic�tained road right-of-way, a second sign at the point at which the driveway {access drive) intersects a publicly maintained road right-of- way will be posted. The sign posting will be evidenced with a photograph. Sec. Z3-2-960. - Duties of Planning Commission. A �llnless th�pifcatia�n is adminis2rativ� a�a�rvve�! bv 8he Plan��n� pirect+ar crursuant t� Section 23-2-955, above the Planning tommission shall hold a hearing to eonsider the application for the ��^��,�;;,�'r�•�'-��•��USR}. The Planning Commission shal� provide recammendations to the Board of County Cammissioners conceming the disposition of the requested USR. The Pianning Commission shall approve the request for the USR only if it finds that the applicant has met the standards ar canditians of this Subsection A and 5ections 23-2- 970 and 23-2-975 of this Division. The applicant has the burden of proof to show that the 12 � Page standards and conditions of this Subsection A and Sections 23-2-970 and 23-2-975 are met. 7he applicant shall demonsirate: 1. That the proposal is eonsistent with the Weld County Code in effect�t .t�� time pf th� filin� of the ar�eltcatioa. 2. That throu�h the use of the OIL AND GAS fACIIITY to be permitted will be compatible with the exis#ing surrounding land USES. 3. That the OIL AND GAS FACILITY to be permitted will be compatible with future development of the surrounding area as permitted by the existing zo�ing and with the future development as projected by Chapter 22 of this Code . ' 4. That the application complies with Artides V and XI of this Chapter if the proposa) is iocated within the Overlay District Areas or a Special Flood Hazard Area identifled by maps officfally adopted by the COUNTY. 5. That if the OIL AND GAS FACILITY is proposed to be located in the A (Agricultural) Zone District, the applicant has dempnstrated a diligent efFort has been made to conserve PRIME FARMLAND in the locational decision for the OIL AND GAS FACILITY. 6. That �#�e�e-is ,ac�s��aY��F2echnir;�lly fea,��i� a�d ��n4mic.aMlypr��tticabie rn�i�atlo�a measures or techniaues farthe OIL AN� GAS FACILITY are utilized for the protection of the health, safety and welfare ofthe inhabitant who are _m__.� lacated within 1,000 feet of the OIL AND GAS LOCATlON (nr be�nd said 1000 feet if deemed relevant 6y the Plannin� Directorl. B. The Secretary of the Pianning Commission shall forward the o�cial recommendation of the Planning Commission and the information contained in the official record, which includes the , N�P6��•�+es�[imer�# case file, to the Clerk to the Board within ten (10) days after said recommendation has been made. C. If the Planning Commission recommendat�on is conditional upon the applicant campleting certain specified items prior to the pub9ication of the notice for the hearing by the Board of County Cammissioners, the ten-day period shall commence upon submission of the items by the applicant to th� ' �er.►v��, Sec. 23-2-955. - Duties of Board of County Commissioners.. A. The Board ofCountyCommissioners shall: 13 � Page Set a Board of County Commissioners public hearing, to take place not more than forty-five (45) days after receipt of the Planning Cor�mission recommendation, for consideratian of the proposed Special Review Permit (USR). B. The Board of County Commissioners shall hold a public hearingto consider the application and to take final action thereon. In making a decision on the proposed Use 6y Special Review (USR for an OIL AND GAS FACILITY, the Board of County Commissioners shall consider the recommendation ofthe Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes th��# � �g��ti_ case file, the Board of County Commissioners sha I approve the request for the R only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-Z-970 and 23-2-975 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsectian B and 23-2-970 and 23-2- 975 of this Division are met. The applicant shall demonstrate: 1. That the praposai is consistent with the Weld County Code �n-e#e�Eiei effect at the time of the ffUn� of the anolication. 2. That the OIL AND GAS FACILITY to be permitted will be compatible with the existing surrounding land USES located within 1.000 feet af khe OIL AND GAS L�CATIpN ior beYond said 7 ,0(JQ feet if deeme� r�l�+t��nt b+� t�e P'lann�nt� �Ice�t�v1. 3. That the OIL AND GAS FACILITY to be permitted will be cornpatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other appiicable code provisions or ordinances +n-e€feE�in e#fea ai t e time af the tlNnq of the aoplicatlan�ke �du...na anncrro oa nr.ac .,s �ts,,.....a .e,. ..,:f:�_ ..ws.,. 4. That the application complies with Articles V and XI ofthis Chapter if the proposal is lacated within the Overlay Districc Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. ' 5. That if the OIL AND GAS FACILITY is pr�posed to be located in the A (Agricultural) Zone District, the applicant has demanstrated a diligent effort has been made to conserve PRIME fARMLAND in the locatipnai decision for the OIL AND GAS FACILITY. 6. That there is adequate provision for the protection of the heaith, safety and welfare of the ' n4s ` wha are located within 1004 feet af the �_ � � QIL AND GAS LpCATION (or bevond said 1,U00 feet if deemed relevant bv the Piannine Director , l4 � Page C. Where �aarabJ echnicallv feaslbl� and �.w�esiealyr Draeticable —� mitiKation measures or teehnigues are available to mitigate any negative impacts which couid be genereted 6y the proposed USE upon the•�wr��at��a�eapronert+as lotated withir� 3.QpQ feet of the OIL AND G,45 L�CATiON (or beyond said 1000 feet if deemed redevant bv the Plannina pireztorl, the Board of County Commissloners may condition the decision to approve the USR upon implemenYation of such t�Ghnfcailv feasi6le and esonflmicallv preetieable mitiRation measures nr teehnipues D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. E. If the USR is approved, the Board of County Commissioners shall arrange for the ^�� ac �,o ..._:_., r„„,,, - p�ment to record the USR map with the County Clerk and Recorder. Sec. 23-2-970. - Design standards. A. An applicant for a USR� for an OIL AND GAS FACILITY shall demonstrate compiiance with the following design standards in the application and shall contfnue to meet these standards if approved. 1. 8uffering or SCREENING of the Oll AND GAS FACILITY from A�llAGCeaf� rrauad�properties loeaded wiihin 1 q[t0 feet of ihe OIL AND GAS LOCATION rha PI �� Dir nrl may be required in order to make the determination that it is compatible with the surrounding uses. Buffering or SCREENING may be accomplished through a combination of berming, landscaping.�rfencin�{� �'t- 6-�i.�� %+�1+' . SJ 2. Other � . , �Qehnicall� feasdi�l� ancl �ra�tieable r�+tisatlun m�a�sures or tach�lau�s may be required to ..---- ensure compatibility with existing and future surrounding land uses. Sec. 23-2-975. — Functional standards. An applicant for a Speeial Review Permit (IJSR) shall demonstrete conformance with the fo�lowing operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Specia! Review prior to wnstrudian and operetion. Once operational, the o�eration ofthe USES permitted shall conform to these standards. 15 � Page A. The operetion of the OIL AND GAS FACILITY shall comply with the noise standards enumerated in-�arf2�--76,2-�41�-,#�:,s, Rule 8C12 of ihe Ccalorado Oil and Gas Conservation Commission rules. B. The OIL AND GAS FACILI'fY shall comply with the following lightrng standards: 1. Sources of light, �n�"• •—...a.�,�6".,<-;� wet�ig, shall be shielded so that light rays will not shine directly onto ADJACENT propertie�. 4 _ _ _ � �iw�-wa�ah� €a�+ " � andplL�� Z• ight from the OIL AND GAS FACIi.ITY shall raot ereate a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS and no colored lights may be used which may be confused with or consirued as traffic control devi�%f'`��," 0 .� C. Wa��.The CJII� ANp {�AS 0. GqTIQN shall be maintained in such a manne �J*�^�� n��grmitted +� r,v_tzUer iha� `��•�'�•: ;_'; `_-.`.__. In no event 3hall the �y owner afthe QIL AND GAS iLOCATION allowthe growth of NOXIOU5 WEEDS. D. Any ofF-site and on-site improvements agreement shall be made in conformance with the County policy on collateral for impravements. E. The OIL AND GAS FACILITY shall comply with all operatianal requirements of the COGCC. F. An OIL AND G63 FACILITY shall be in comoliance with the Deoartmenx of Public Health and Environmertt �ir Quatitv Cp�itrol Commission Regulatio��+ - ' ^'-- � „issic�n 5 C C R + rn, ^ , . _. Sec. 23-2-9$0. Application requirements. A. The purpose of the application is to give the applicant for a USR� for an OIL AND GAS FACILITY an opportunity to demonstra�e through written and graphic information how the proposal complies with the standards of this Chapter. The foilowing supporting documents shall be submitted as a part of the application except for those items determined by the Direetor of Plenning Services, in �,vriting, or the Board of County Commissioners, on the record, to be unnecessary to a de�ision on the application: 1. A statement which explains how the USR for an OIL AND GAS FACILITY is consistent with the Weld County Code n ",�in effect at the time of the filin�of the aonlication. 16 � Page 2. A statement which explains that the OIL AND GAS FACILITY will be compatible with the existing surrounding land USES lncat�d w#thln �.Qii0 feet of ihe Od1 AND GA5 LOCATION (or beyond,FaNd 1,�0C14_fe��ifi d�emed relevant kav ihe Pl�nn4n�Dxre,cEEa � �—"'� 3. A statement which explains that the OIL AND GAS fACILiTY will 6e eompatible with the Future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code �es �#in effQct at the time of the fi�t,n� of the application-e�Fi�-ad�A 4. A statement which explains that the applieation cpmplies with Article V and Article Xl of this Chapter if the proposal is located within any Overlay District Area or a Special Flood Hazard Area identified by maps n�cially adopted by the COUNTY. 5. A statement which expiains that if the OIL AND GAS FACILITY is proposed to be located in the A (Agriculturel) Zone Distrid, the applacant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the OIL AND GAS FACILITY. 6. A statement which explains that there is adeq�a e provision for the proteetion of the health, safety and welfiare of t� who are located wl2hin 1.qQ4. feet nf che t�i� �qND �l�S I.C�CA71�P1 {a� b��vnd ��p0(? f��t if d��med le�ant "— __ . , _ btithe Plamm�� Director' . B. The following general information shall be submitted : 1. Name, address and telephone number of the applicants ar operator if the suriace owner of the Oll. AND GAS LOCATlQN is not the aw�slicant. 2. Name and address of the fee owners ofthe �r�er�OIL AND GAS_COCATION proposed for the USR if different from above. 3. legal description of the pFegeFt�Oll AND GAS LQ�ATIQN . The applicant shall include information as to whether a Subdivision Exemption has been appraved for the ��tL ANf� GAS L�?CATIOM whQre the OIL AND GAS FACILITY is to be located. 4. Total acreage of the �eelOll AND GAS LOCATIQN , 5. Existing land USE of the �OIL ANQ GAS LpCATlON , 6. Existing land USES of all properties AAJACENT to said �war�ea�311 AN� GAS L[lCAwr1�7N . 7. Pres�nt zone and overlay zones, if a�propriate. 17 � Page 8. Signatures of the applicant and fee owners or their authorized legal agent. 9. A cert�fied list of the names, addresses and the corresponding Parcel Identificatian Numbers assigned by the County Assessor of the owners of property (the surface estate� within one thousand (3000) feet of the prppe�C��11L AN(? GAS L0CATiON subject to the appli�eation. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstrect company ar 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 Coun4y Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. �.IJ. A,n affldaa+it Ilsting the names an� addresses of all mineral �rwners arrd lessees Qf minerai awners on ar under the 0IL AND GAS Lt�CATIqN The list sha#i b prepared from ihe reai �tGperty tecords bv ��tson nuafified to �erform the task and sha91 be current as o# a date no more than ttrwrtv i30} siays prior to th� date the a pp iicatron � sal�mitted tn the 0et�artment 181. Where an authorized legal agent signs the application for the fee owners af the 0IL AND GAS LOi:ATIQN. a signed surface use agreement, or a letter grenting power of attorney to the agent from t#�e-such owners must be provided. 1�2 Copy of the deed or legal instrument by which the �sutface aarner obtaloed an interest in the prep�EyplL. ANiT GAS 1QCATIqN , 1�3. If applicable, an Improvements Agreernent exeeuted by the applicant. This Improvement� Agreement shall be in accordance with the County policy and documents for collaterel for improvements. x�4. The applicant will need to work the Weld County Office of Emergency Management to put together an Emergency Action Plan if the quantity of the �aii stored ee�-si�at_an .0lL AND Gi�S L4CATI0N is over 2,000 bbl. 145. An access permit from the Weld County Department of Public Works. C. A detailed description ofthe 0IL AND GAS FACILITY shall be supplied. Details forthe following items, when applicable, are r�quired : 1.The layout and design of the 0IL AND GAS FACILITY. 2. A statement describing the number of people who will use this site during-e�ler�lenrrillinAt and comaletion ouerations. 18 � Page 3. A statement describing how the noise be mitigated during exploration in accordance with the re�WirE≥ments c5f RuE� S0� of the�CaJ+�radv 4it and f,a�, Cpnservation CQmmission rules. 4. A statement describing the type of lighting on the OIL ANQ GAS FACILITY and how will it be compatible with surrounding properties during exploration. 5. A statement describing the type and number of structures and equipment anticipated to be erected (built) on the OIL ANO GAS Lf9CATlON t�k.,sit�+{wells, tanks, flares, vapory recovery unit). The fina! tvpE and number of,structures and eq�ta�rnent that are enetred (buikLn the OiL AND GA4 LOCATION evill be documented on the USR Mvlar mao 6. A statement describing the size and �appro�imate location of all oil and gas, and/or water pipelines connectingto the OIL AND GAS FACILITY. 7, A statement describing the kind of vehicles (type, size, weight) that will access t#is3+�thH OIL AS IC�ATI(3N during �ritlin� and campletian onent,_,io�,s and a defined kaul access route. This shall include a traffic narrateve With the foUawir�g iotnrmatron i. The number of roundtri��clav �vetted for each vehicle type� Passenaer CarslPickuos. Tandern• Trucks. Semi-Truck/TrailedRV (Roundtr� = i irio in and 1 tri aut ,of sitel ii The exoected travel rautes or haul route� far site traffic iii. The travel distribution alons the r�ut ,es�e a 50% of traffie will come from the north. 20�I, om the snuth 3QRfi from ihe east etc l Iv. The time o6 dav when ihe hi�zhest traffic volumes are ext�eded 8. A statement describing who will provide fire protection to the site. 9. A statement describing the drinking water source on the �s�E�dIL AND G.AS LOCATiON during-e�Eer�ati� dr�ilinta ancl comn�etion o�serations. 10. A statement describing the sewage disposal sys#em on the IL AND GAS OCATION during-ees�a�i�r� driliin� and comnl�tl4n aueratinrrs. 11. If the drilling waste (cuttings and fluids) will be disposed of on the �t� Il AND GAS LOCATION include a statement descri6ing the location and disposal method. 12. Such additional information as may be required by th��t��ir� � �, the Planning Commissian or the Boaed of County Commissioners in order 19 � Page to determine that the application meets the requirements of this Chapter and the palicies of Chapter 22 of this Code. �• USR� Plan Map. 1. The Plan Map shall be delineated on reproducibie material approved by th�^�-��r: P1an�3s�g-Sew � � � 2. The dimensions of the Plan Map shali be thirty-six (36) inches wide by twenty-four (24) inches high. 3. The Plan Map shall include certificates for the g�a�e�ysf nature of the surfa�e owoer ar operatar of Che GIL ANp GA5 LqCATION owner's/operetor signature, and the signature of the Planning Director if administratively approved, or the signature of the Chairman of the Planning Cammission and the Chairman of the Board of County Commissioners and the Clerk to the Board if the USR is approved by the 8oard. The required content of the certificates is available from the�. . ' 4. Vicinity Map. A vicinity map shall be drawn on the Plan Map. a. The scale of the vfcinity map shall be one �1) inch equals two thousand (2,QQO) feet or at another suitable scale if approved by th� , ' _ �-�qy - � b. The vicinity map shall delineate all of the required information within a ^�� '� �'�s "' ' M'!a 1.OQ0 foot cadius of the �e�ertyQlL AN4 GAS IOCATION , c. The foflowing rnformation shall be shown on the vicinity map: 1) Sectian, tnwnship and renge. 2) Scale and north arrow. 3) Outline ofthe perimeter af the {�ar�ei�IL AND GAS Lf�CATlON proposed for the Use by Special Review. 4) The general dassifications and distribution of soils over the ��s�c1{�Il, A�Ip GAS lOf.ATIQN u��efaltirfR. Soil classification names and agriculturel capability classifications must be noted in the legend. 5� Locations and names of all roads, irrigation ditches and water features on or nearthe OIL AND GAS LOCAT�ON. 20 � Page 6) Location of all residences within a eae-kal�r�i1�1,000 foot radius of the OIL AND GAS LOCATION. existing and proposed accesses to the gse�eerEyOIL ANp GAS LOCATION-psePesed fer#he��, any abutting subdivision outlines and names, and the boundaries of any ADJACENT municipalRy. 7) Any other relevant information within a i,000 fnot radius of the p�eyeFEyOIL AND GAS LOCATION �r�nr��nwl Fwr 4I�n � �� o as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter. 5. Wert-R{aR, The followins shall be drawn on or standards of the Plan Map. a. The scale of the plet-�rlaqPlan Mau shall be one inch (1") equals one hundred feet (100) or at another suitable scale if approved by the�epa��P4a�t��-�e�es b. The �Iet-�ka�rPlan Mao shali outline the Bbou�daries of the ya�celOlL AND GAS LOCATION being considered for the USR. c. The ptei-�a�Pla_ n Map shall include the location and identification of all of the following items which exist within a two-hundred-foot radius of the boundaries of the USR area, as well as within the area itself; it shall also include the proposed . "•• �^-^�-��IL AND GAS FACILIIY: 1) All public rights-of-way of record (including names�. 2) All existing and proposed STRUCTURE5. 3) All utility easements or rights-of-way for telephone, gas, eledric, water and sewer lines. 4) Irrigation ditches. 5) Adjacent property lines and respective surface propertv owners' names (may be shown on vicinity map instead�. 6) All hydrogrephic features including streams, rivers, ponds and reservoirs (including names). 7) Topogrephy at two-foot contour intervais or at interva�s as determined necessary by the � wi€e� 8) Location of areas of moderete or severe soil iimitations 9) Approved access(es) 21 � Page l0J Location, amount, size and type of any proposed LANDSCAPE materiai, including fencing, walls, berms or other SCREENING. 11) Location of any flood hazard, or GEOLOGIC HAZARD ^� ^�:„�•�' �^�^ ..�^ ^.�� 12) Plat Certificate Signature Blocks for 1) Property Owner(s), 2) Planning Director or 3► Planning Commission and 4� Board of County Commissioners. 13) Such additional information as may be reasonabiy required by th� SewiEe�e -a�a;t, the Planning Commission or the Board of County Commissioners in order to deterrr�ine that the application meets the requirements of this Chapter, the policies of Chapter 22 of this Code aa�ar�y,e#k�?�a . �nn ��in �ff�ck at the time of the filin� of the ao[�li5�t�5�n. 6. The Plan Map may include the information required by COGCC Rule 303. b.(3).D., E., and F. Sec. 23-2-985. - De�elopment standards. An applicent for a USR} for an OIL AND GAS FACILITY shall demonstrate conformance with and shall continue to meet the DEVELOPMENT STANDARDS approved and adopted by the Counzy. The DEVELOPMENT STANDARDS shall be placed on the USR Map prior to recording. Noncompliance with the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the USR by the Board of County Commissioners. Civil penahies in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standards. Sec. 24-8-30. - Subdivisfon Exemption. A. The su6division exemption is intended for the following six- ei�ht (Sb) purposes: 1. Division of a pareel of interest in a parcel which does not result in the creatian of a new residential or permanent building site. When otherwise a�lawed by reeorded exemption regulations, the su6divosion exemption can be utilized in conjunction with a recorded exemptlon to separate one (1) additional existing ha6itable r�sidence with accessory outbuiadings from any of the recorded exemption pareels. A subdivision exemptlon Iot in conjunction with a recorded exemption created prior to March 1, 2004, is eligible for a one-4ime-only land exemption. A subdivision exemption lot in 22 � Page conjunctian with a recorded exemptipn created after March 1, 2004, is not eligible for a future land exemption. The subdivision exemption must meet the following criterfa: a. A minimum of two (2) habitable residential improvements are required. b. The residential use of the improvements must be continuous with any gap in use being less than one (1) year. c. The residential improvements must be continuously claimed and taxed as residences by the Assessor's Office. d. The su6division exemption is the best alternative to dispose of existing improvements. e. No more than one (1) subdivision exemption for this purpose may be submitted with a recorded exemption application . f. The applicant is only eligible to apply for a subdiuision exemption if it is the first recorded exemption done on the property on or after December 15, 1992, the inception date of the subdivision exemption. g. The residences were not originally constructed on separate legal lots. 2. For adjustrnent of property lines between two (2) contiguous parcels. 3. For ihe creation of lots for the purpose of financing. a. Lots ereated for the purpose of mortgaging a dwelling unit shall not result in the ereatlon of a lot to be sold separately. Upon termination of the mortgage arrangement, the lot shall cease to exist. b. Foreclosure of the parcel created for financing purposes shall not create a separate legal parcel unless the process described in Section 24-1-40, under Subdivision or subdivided lond, has been followed. 4. For the non-permanent use of a partel for public utility facilities. 5. For the non-permanent use of a parcel for oil and gas ��facilityies, oil and gas storege facflity or oil and gas support and service facilities. Upon termination of the leasehold arrangement, the lot and access shall cease to exist. 6. For the non-permanent use of a parcel for Telecommunication Antenna Tower facilities. 7. For the non-permanent use of a parcel for a minfig operetion. 8.OIL AND GAS �LOCATION Sec. 2A-8-40. � Recorded„Exemptior� standards. A recordedr� exemption application shall comply with all of the following standards: 23 � Page Sec. 24-8-300. - �xemption amendments time provisions. Time provisions do not apply to subdivision exemptions for adjustment of property lines between two (2) contiguous parcels, for the creation of lots for the purpose of financing� ef-for the non-aermanent Yer��y-use of a parcel for public utility facilities, fot� th€ n�a�ermanQnt use of a oarcel for Telecommunication Antenna Tower facilities for the non-oermanent use of a aarcel for a mining4Qeration or for the non-aermanent use of a aareel for oi� and p_as faciliri oil and ¢as stora�e Facifitv or oil and �as sup�aart and senrice facal'tties. My change to a previously approaed exemption, which is not a correction as defined in Section 24-8-90 of this Chapter, shali be processed as a new exemption, if eligible. In the following instances, the recording date of amendments shall not be used to calculate the timing provisions of Section 24-8-40. M. Rather, the date shall be �gured bythe date of recording of the previous exemptfon: A. Where a 6oundary change results in a change of acreage of Lot A , Lot B, Lot C, Lot D orihe Subdivision Exemption Lot done in conjunction therewith, and does not create an additional lot. e. Where previous approval of a recorded exemption fncluded more than the minimum lot size required in the affeded zone district, and the applicant did not waive his or her right, the applicant is eligible to apply to decrease the larger lot to the minimum lot size required subject to the limitatvons of Section 24-8-80.G of this Chapter. 24 � Page . . , -__ _ _ _ _ . _ . . .: � � �%�� PROPOSED MODIFICATIONS � �� /�a/l � TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23 SECTION(S) PROPOSED TO BE MODIFIED: See below RATIONALE FOR MODIFICATION: The new codes changes would require a modified Use by Special review permit for Oil and Gas Facilities. This permit would be an administretive permit unless determined 6y the Director of Planning Services to be reviewed and approved 6y the BOCC. PROPOSED MODIFICATION: YCha nges to Sedion 23-1-90 — Definitions. OIL AND GAS PR9BNC�49P�FACILITYI€5: shall mean epuipment or improvements used or installed at an oil and Ras location for the exqloration, production, withdrawal, aatherin�, treatment, or processin� of oil or natural aas. r��'�* �f }�p n�� n� p}�p ��I(��p n �MI�C �l/��f�! fll�'��I�IC f/�V�� Y��/�Yf W\I�}�rC , , , . , ��m�rr�ee�r� TAAI V nnrr�ov ,..a n4F�� m`.rh rl ��nH i � oo�r�o4or'� u'+ti itio n�'�r� r'r�n �uei�� F � ra � ��cf I�i['vc�v{nicc�-IItttf-ttx1Y�{�Rc�- Table 23-1E _ _ _ , _, — _.. < <_ _ , _ __ . _ _ , , � �� , � _ -- i , � � � � i � Zone R 1 R-2 'R 3 �R 4 R 5 �C 1 C 2 � 3 IC 4 i 1 II 2 il-3 ;E �PUD J1 ; � i � 1 I � I _ _ ._� __ Application IUSR USR USR USR USR �USR �USR USR USR ,�USR USRSPR USR5RR iUSR �* �US�R� � i � _ _ _. . __ ._. ___ _ _ _ _ _ _— � .. ... __I USR - Use by Special Review c°�,--R�.'z�lafl-Re�+iew � � � 000.�o��oTf�tgbt " - PUD - Callout by Zone District Requirements, unless specificaily addressed in PUD application as a UBR 1 � Page DIL AND GAS LOCATION: shall mean a definable area where an operator has disturbed or intends to disturb the land surface in order to locate an oi1 and aas fncilitv. s O!L AND GASSUPPORTAND SERVICE: Loeatian and operation 6ases for businesses whose primary acYivity includes the following kinds of USES: a. Parking and maintenance of exploration, production or workover equipment. b. Equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contractors. c. Parking and maintenance for tank and water service companies. d . Storage and rental yards for pipe and production equipment. e. Field QFFICES USED by production-related records and maintenance personnel. f. Disposal and recycling sites for production waste (except production water disposed through eitherSECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on-site storage occurs), except 6usinesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials. �Oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas grocessing or which compress gas to enter a pipeline for transport to market. h�Mi�lstre�m acti�ities �ncludina the orocessine. storiflq transporting and marketina of oil, natural �as and natural sas liauids. PETROLEUM REFINERY: is an industrial orocess plant where crude oii is qrocessed and refined into more useful products such as oetroleum nanhtha aasoline diesel fuei asohalt base heatins oil kerosene and liauefied petroleum �as. • , . �'.�n�ei /'I(1W_� �� mr�r� .�! h�fm f ehun�{�io� mir�m� m v��ld �h��r�ehti '.I�.1 Y4��4 ,iG/V' Y� TV . PIPEUNE- NATURAL GAS• includes anv pipeline and aqqurtenant facilities desianed for or caqable of transportina natural �as which is ten (10) inches in diameter or larser as measured from the outside of the oioeline, and creates a hoao stress of.twentv percent (20'Yo) or more at their specified minimum vield streneth (SMYS), as shown on construetion plans or diaarams. 2 � Page P1PELlNE — PErROLEUM PRODUCTS OTHER THAN NATURAL GAS� includes anv pipeline and appurtenant facilities desiRned for, or capable of. transportinR anv other petroleum derivatives which is ten (1Q) Inches in diameter or larger as measured from the autside of the oipeline re�ardless of hoop stress Changes to various sections in Article III — Zone Districts: Agn ultural �Sec. 23-3-20. - Uses allowed by right. lSS�,,.� � � � on � nu nn�n � nc oanni �rrinn� cnr«��,�,r� a..�.—ca-�aT—w4-r-e..vorr-...-r-nvvoer�vr�-rr.c �'Sec. 23-3-4Q. - Uses by special review. 4 � �Sec 23-3-40.A,� QIL AND GAS FACILITY O �Sec. 23-3-40.A� PETROLEUM REFINERY �ec. 23-3-40.MM - PIPEUNE — NATURAL GAS �5ec. 23-3-40.NN - PIPELINE - P£TROLfUM PRODUCTS OTHER THAN NATURAL GAS ESTATE �Sec. 23-3-430. - Uses by special review. "Sec. 23-3-430.1 OIL AND GAS Ff{9B�1C�19P�FACILIT'!{�5 �, 'Set. 3-3-430.N - PIPEUNE — NATURAL GAS ec. 23-3-430. O - PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS COMMERICAL K-i (Neighborhood Commercia9) Zone Diatrict. �c. 2 -3- 210.D.6 OIL AND GAS RR9B!}�T-19F�4FACILITYI� � c. 23-3-210. D.13 - PIPELINE — NATURALGAS 3 � Page ec. 23-3-210.D.14 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS � C-2 (General Cpmmercial) Zone Distrid. � �'Sec. 23-3-220.D.4 OIL AND GAS PRF?9�12P4-FACILITY+E� �' +�Sec. 23-3-22Q.D.11 - PIPELINE — NATURAL GAS �' �C. 23-3-220.D.12 - PIPELIPIE — PETROLEUM PROpUCT5 OTHER THAN NATURAL GAS C-3 (Business Commercial) Zone District. �+ �ec. 233-230.D.3 OIL AND GAS PRBB�FJ�P�FACILITYI�5 +3ec. 23-3-230.D.12- PIPELI�JE — NATURAL GAS �. 23-3-230.D.13- PIPELINE — PETROLEUM PRppUCTS OTHER THAN NATURAL GAS C-4 Highway Commercial) Zone District. `� et. 23-3-140.D� OIL AND GAS-RR9sNC�4AN FACILITYIE3 �' L5�c. 23-3-240. D.7 - PIPELINE — NATURAL GAS c. 23-3-240. D.8 - PIPELINE — PETROIEUM PRODUCTS OTHER THAN NATURAL GAS INDUSTRIAL I-1 (Industrial) Zone District I ��i� n o �F=____�_n i nr.�n rnc oonn_rrinn� [nri�� Use by Special Review ` ..�ESec, 23-3-310.D.11 �ILAND GAS FACILITY �' �Se . 23-3-310.D.12- PIPELINE — NATURALGAS � ec. 23-3310. D.13- PIPELWE — PETROLEUMPRODULTSOTHERTHANNATURALGAS 4 � Page i �eC, 23-3-310.E � � Plan Review Required. No �and, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurelly altered or operated in the I-1 Zone District until a Site Plan Review has been approved bythe Department of Planning Services. It shall be necessary that the applicant in the I-1 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I-1 have been or shall be complied with according to the intent of Article 11, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I-1 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements I and procedures set forth in Article II, Division 4 of this Chapter.�ie-#ol�g-is exempt�d #cem� 5ite ��., o�r II� �-AA1L��5- P#99�dETJ9Pd-FA.EIII-T-4€5 L2 flndustriall 7nnr flistrirt. . _ � -_ _ __ .. ._ ., _' . . ' _ ._ _. . _ _. �' `3ec. 23 -3 320. D . 18 0IL AND GAS FAQLITY � 5ec. 23-3-320. D. 19 PETROLEUM REFINERY V Sec. 23-3-320. D.20 - PIPELINE — NATURAL GAS �' S�c. 23-3-320. D.21 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS I Sec. 23-3-320.E � ite Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of oc�upancy, DEVELOPED, erected, constructed, reconstructed, moved or structureliy altered or operated in the I-2 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the I-2 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I-2 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I-2 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the renuiramants and procedures set forth in Article II, Division 4 of this Chapter � F��e+��S ��-�� `""�� RIa�R2vieav: S � Page . . . .��innrc, ',e�-r�.'1 IT� � I-3 (Industrial) 2one District. � �I[...-. '}�]r�_��o.,��L AP1fl /� A { ODl11111!`TIlII. LRI^II IT� �' /Sec. 23-3-330.D.20 OIL AND GAS FACILITY �Sec. 23-3-330.�.21 PETROLEUM REFINERY ,�ec. 23-3-330.D.22 - PIPELINE — NATURAL GAS ,/�et. 23-3-330 D.23 - PIPELINE — PETRf]LEUM PRODUCTS OTHER THAN NATURA� GAS Sec. 23-3-330.E � �ke Plan Review Required. No land, BUILDIN6 or STRUCTURE shall be USED, changed in USE or type of qccupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally aftered or operated in the I-3 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the I-3 Zone District tertify and state that the performance standards and district requirements that are applica6le to the DEVELOPMENT and USES of property zoned I-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be atcomptished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Specfai Review in the 1-3 2one District shall be exempt from the Site Plan Review process and shall make applicatl�n for approval of a permit in accordance with the requiremenfs and procedures set forth in Article II, Division 4 of this Chapier. T'^� '^'�^..,:^^ '� ^�^^�^•��".^^^ � �:•^ P�ap-Reviewa /eii nn� ra rnc RR .. RESIDENTAIL R-1 (Low-Density Residential) Zone District. �' ✓Sec. 23-3-110. D.6 OIL OR GAS RR8BF�18�FACILITYI€5 � i ,�ec. 23-3-110.D.12- PIPELWt — NATURALGAS � 1/Sec. 23-3-110.D.13- PIPEI.iNE — PETROLEUMPRODUCTSOTNERTHANNATURALGAS �' �Division 6 — USE by Special Review Permits for PIPELINES In Division 6 anywhere is states PIPELINES changes to say PIPELINE — NATURAL GAS and PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL 6A5. 6 � Page Add a new Division 10: �i� rision 30 - Use by Special Review for Oil and Gas Facility ISec. 23-2-950. - Intent and applicability. I A. Use by Special Review (USR) for an OIL AND GAS FACILITY require additional consideration to ensure that it is established and operated in a manner that is compatible with existing and future surrounding land uses. The additional consideration or regulation of the USR for an OIL AND GAS FACILITY is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B. The USR for an OIL AND GAS FACILITY 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. The USR application will be referred for comment to the planning commission or governing body of any town and county whose boundaries are within a three-mile redius of the parcel under consideration. C. The Department of Planning Services may approve a USR for an OIL AND GAS FACILITY by granting a Use 6y Special Review Permit. If the Planning Director determines to administratively approve the USR, he or she may condition the decision to approve upon the applicanYs implementation of reasonable methods or techniques available to mitigate any negative impacts which could be generated by the OIL AND GAS FACILITY upon the surrounding area, and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation. If the Planning Director determines not to administratively approve the USR, the case shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners. D. Any person filing an application for a USR for an OIL AND GAS FACILITY shall comply with the COUNTY procedures and regulations as set forth herein. Any permanent expansion or enlargement of an OIL AND GAS FACILITY after September 1, 2016 that increases the OIL AND GAS LOCATION by more than 509'o will require the filing of a USR for the OIL AND GAS FACILITY. � E. Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a USR for an OIL AND GAS FACILIN so long as such repairs and maintenance do not have the effect of expanding or enlarging the OIL AND GAS LOCATION by more than 509'o will require the filing of an amendment to the USR for the OIL AND GAS FACILIN. F. After September 1, 2016 applications for USR's shall be completed as set forth in Section 23-2-980. The complete application and application fees shall be su6mitted to the Department of Planning Services. 7 � Page G. The applicant may be required to submit an Improvements Agreement agreeing to construct required improvements to mitigate impacts caused by the OIL AN� GAS FACILITY. The Improvements Agreement shall be made in conformance with the County policy on collateral for improvements and must 6e approved by the Board prior to recording the USR map. H. An application for a USR for an OIL AND GAS FACILITY shall include the entire LEGAL LOT or Subdivision Exemption Lot upon which the OIL AND GAS FACILITY will be located. In the event the operetor cannot obtain a Surface Use Agreement (SUA) or a Subdivision Exemption those cases will be forwarded to Planning Commission and the Board of County Commissioners for review. I. The applicant shall submit one (1) paper copy of the USR map for preliminary approval to the Department of Planning Services. Upon approval of the paper copy, the applicant shall submit a Mylar map, along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-980.D of this Article. The Mylar map and additional requirements shall be recorded within one hundred twenty (120) days from the date of the administrative approval or the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a USR map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the 8oard of County Commissioners, the Board may require the applicant to appear before it and present evidence substantiating that the USR for OIL AND GAS PRODUCTION FACILITY has not been abandoned and that the applicant possesses the willingness and ability to record the USR map. The Board of County Commissioners may extend the date for recarding the map. If the Board determines that conditinns supporting the original approval of the USR map cannot be met, the Board may, after a public hearing, revoke the USR. Sec. 23-Z-955. - Duties of Department of Planning Services. A. At the discretion of the Director of Planning Services a pre application meeting may be required. If so, the applicant shall arrange for a pre-application conference with the Department of Planning Services. B. The Department of Planning Services shall be responsible for processing all applications for Special Review Permits (USR's) in the unincorporated areas of the COUNTY. The Department shall also have the responsibifity of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. C. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty-eight (28) days after the mailing of the application by the 8 � Page ; COUNTY. The failure of any agency to respond within twenty-eight (28) days may 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 Use by Special Review (USR) for an OIL AND GAS FACILITY. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for an USR rests with the Planning Department. a. The planning commission or governing body of any town and county whose boundaries are within a three-mile radius of the parcel under consideration for an USR. b. The planning commission or governing body of any city or town that has included the parcel in its MASTER PLANNING area or Intergovernmental Agreement. c. Department of Public Health and Environment. d. Department of Public Works. e. Coloredo State Division of Wildlife. f. Colorado State Oil and Gas Conservation Commission. g. The appropriate fire district. h. Any irrigation ditch company with facilities on or adjacent to the parcel under consideretion. i. The Department of Planning Services may send any other agencies or individuals a referral they deem necessa ry. 2. A sign shall be posted by the applicant on the property under consideration for a USR for an OIL AND GAS FACILkTY. The sign shall be posted adjacent to and visible from a publicly maintained road right-of- way. In the event the property under consideration is not adjacent to a publiciy maintained road right- of-way, one (1) 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 within three (3) days of submitting a complete Use by Special Review application. The applicant will need to provide a photo of the sign posted on the property, a map indicating where they posted the sign and an affidavit to the Department of Planning Services that the sign was posted in conformance with this section of the Weld County Code. The sign will be provided by the Department of Planning Services. 3. Give notice of the application for a USR to those persons listed in the application as owners of property located within one thousand ( 1,000) feet of the Subdivision Exemption or the legal lot under consideration . Such notification shali be mailed first-class. The surrounding property owners shall respond within twenty-eight (28) days after the mailing of the notice of the application by the COUNTY. The failure of a surrounding property owners to respond within twenty-eight (28) days may be deemed to be a favora6le response to the Pianning Department. 9 � Page 4. The applicant will need to confirm they have addressed the concerns of the surrounding property owners and referral agencies to the satisfaction of the Planning Director. Upon request by a surrounding property owner or referrel agency or local government, the applicant shall meet to discuss their concerns and may be required to address those concerns through reasonable best management practices and/or mitigation measures. 5. Prepare staff comments addressing all aspects of the application, its conformance with the Weld County Code and any other applicable code provision or ordinance in effect, adopted master plans of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred, and standards contained in this Chapter. 6. The Planning Services Director may refer a USR for an OIL AND GAS fACILITY to the Planning Commission and then to the Board of County Commissioners if there are any comments from surrounding property owners that cannot be mitigated and/or if the operetor cannot or will not agree to any of the provisions in the code. 7. If a hearing is required the Department of Planning Services will arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. The date of pubtication shall be at least ten (10) days prior to the Planning Commission and the Board of County Commissioners hearing. Notice of the hearings will be sent to persons listed in the application as owners of property located within one thousand (1,000) feet of the parcel under consideration. Such noti£cation shall be mailed first-class. 8. If a hearing is required the Department of Planning Services will be responsible for providing and posting a sign on the property under consideration in a location readily visible from the adjacent publically maintained roadways. The sign will be posted at feast ten (10) days preceding the hearing date of Planning Commission and the Board of County Commissioners' hearing. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way will be posted. The sign posting will be evidenced with a photograph. Sec. 23-2-960. - Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Special Review Permit (USR). The Planning Commission shall provide recommendations to the eoard of County Commissioners concerning the disposition of the requested USR. The Planning Commission shall approve the request for the USR only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23-2-970 and 23-2-975 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23-2-970 and 23-2- 975 are met. The applicant shall demonstrate: l0 � Page 1. That the proposal is consistent with the Weld County Code and any other applicable code provision or ordinance in effect. 2. That the OIL AND GAS FACILITY to be permitted will be compatible with the existing surrounding land USES. 3. That the OIL AND GAS FACILITY to be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projeded by Chapter 22 of this Code or MASTER PLANS of affected municipalities. 4. That the application complies with Articles V and XI of this Chapter if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. 5. That if the OIL AND GAS FACILITY is proposed to be located in the A �Agricu�tural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the OIL AND GAS FACILITY. 6. That there is adequate provision for the protection of the hea�th, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten �10) days after said recommendation has been made. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the pu6lication of the notice for the hearing by the Board of County Commissioners, the ten-day period shall commence upon su6mission of the items by the applicant to the Department of Planning Services. Sec. 23-2-965. - Duties of Board of County Commissioners. A. The Board of County Commissioners shall: Set a Board of County Commissioners pu6lic hearing, to take place not more than forty-five �45) days after receipt ofthe Planning Commission recommendation, for consideration of the proposed Special Review Permit ( USR�. B. The Board of County Commissioners shall hold a public hearing to considerthe application and to take final action thereon. In making a decision on the proposed Use by Special Review � USR for an OIL AND GAS FACILITY, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County 11 � Page 1 Commissioners shall approve the request forthe USR only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-970 and 23-2-975 of this Division. The I applicant has the burden of proof to show that the standards and conditions of this Subsection B and 23-2-97D and 23-2-975 of this Division are met. The applicant shall demonstrate: 1. That the proposal is consistent with the Weld County Code and any other applicable code provision or ordinance in effect. 2. That the OIL AND GAS FACILITY to be permitted will be compatible with the existing surrounding land USES. 3 . That the OIL AND GAS FACILITY to be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected 6y Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. 4. That the application complies with Articles V and XI of this Chapter if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. 5. That if the OIL AND GAS FACILITY is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the OIL AND GAS FACILITY. 6. That there is adequate provision for the protectfon of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. C. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area, the Board of County Commissioners may condition the decision to approve the USR upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation. D. Upon the eoard of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. E. If the USR is approved, the Board of County Commissioners shall arrenge for the Department of Planning Services to record the USR map with the County Clerk and Recorder. Sec. 23-2-97D. - Design standards. 12 � Page A. An applicant for a Use by Special Review (USR) for an OIL AND GAS FACILITY shall demonstrate compliance with the following design standards in the application and shall continue to meet these standardsifapproved . 1. Buffering or SCREENING of the OIL AND GAS FACILITY from ADJACENT properties may be required in order to make the determination that it is compatible with the surrounding uses. Buffering or SCREENING may be accomplished through a combination of berming, landscaping or fencing. 2. Other reasonable best management practices and/or mitigation measures may be required to ensure compatibility with existing and future surrounding land uses. Sec. 23-2-975. — Functional standards. An applicant for a Special Review Permit (USR) shall demonstrete conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operetion of the USES permitted shall conform to these standards. A. The operation of the OIL AND GAS FACILITY shall comply with the noise standards enumerated in Section 25-12-101 C.R.5. B. The OIL AND GAS FACILITY shall comply with the following lighting standards: 1. Sources of light, including light from high-temperature processes such as combustion or welding, shalf be shielded so that light rays will not shine direc[ly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and 2. Neither direct nor reflected light from any light source may create a tra�c hazard to operators of motor vehicles on PUBLIC or private STREETS and no colored lights may be used which may be confused with or construed as traffic control devices; and C. Property shall be maintained in such a manner that gresses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOlJ5 WEED5. D. Any off-site and on-site improvements agreement shall be made in conformance with the County policy on collateral for improvements. E. The OIL AND GAS FACILITY shall comply with all operational requirements of the COGCC. F. Oil and gas facilities and equipment shall be operated in such a manner that odors and dust do not constitute a nuisance or hazard to the public welfare. Sec. 23-2-980. - Application requirements. A. The purpose of the application is to give the applicant for a Use by Special Review (USR) for an OIL AND GAS FACILITY an opportunity to demonstrete through written and graphic information how the 13 � Page proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application: 1. A statement which explains how the USR for an OIL AND GAS FACILITY is consistent with the Weld County Code and any other applicable code provision or ordinance in effect. 2. A statement which explains that the OIL AND GAS FACILITY will be compatible with the existing surrounding land USES. 3. A statement which explains that the OIL AND GAS FACILITY will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provision or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. 4. 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. 5. A statement which explains that if the OIL AND GAS FACILITY is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the OIL AND GAS FACILIN. 6. A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. B. The following general information shall be submitted : 1. Name, address and telephone number of the applicants. 2 . Name and address of the fee owners of the property proposed for the USR if different from above. 3. Legal description of the property under consideretion. The applicant shall include information as to whether a Subdivision Exemption has been approved for the property where the OIL AND GAS FACILITY is to be located. 4. Total acreage of the parcel under consideration. 5. Existing land USE of the parcel under consideration. 6. Existing land USES of all properties ADJACENT to said parcel. 7. Present zone and overlay zones, if appropriate. 8. Signatures of the applicant and fee owners or their authorized legal agent. 14 � Page 9. 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 one thousand (1000) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or 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. 10. Where an authorized legal agent signs the application for the fee owners, a signed surface use agreement, or a letter granting power of attorney to the agent from the owners must be provided. 11. Copy ofthe deed or legal instrument by which the applicant obtained an interest in the property under consideration. 12 . If applicable, an Improvements Agreement executed by the applicant. This Improvements Agreement shal� be in accordance with the County policy and documents for collateral for improvements. 13. The applicant will need to work the Weld County Office of Emergency Management to put together an Emergency Action Plan if the quantity of the product stored on site is over 2,000 bbl. 14. An access permit from the Weld County Department of Public Works. C. A detailed description of the OIL AND GAS FACILITY shall be supplied. Details for the following items, when applicable, are requfred: 1.The layout and design ofthe OIL AND GAS FACILITY. 2 . A statement describing the number of people who will use this site during exploration. 3. A statement describing how the noise be mitigated during exploration. 4. A statement describing the type of lighting and how will it be compatible with surrounding properties during exploration. 5. A statement describing the type and number of structures and equipment to be erected (built) on this site (wells, tanks, flares, vapory recovery unit�. 6. A statement describing the size and location of all oil and gas, and/or water pipelines connecting to the OIL AND GAS FACILITY. 7. A statement describing the kind of vehicles (type, size, weight) that will access this site during exploration and a defined haul route. 8. A statement describing who will provide fire protection to the site. 9. A statement descri6ing the drinking water source on the property during exploretion. 15 � Page 1D. A statement describing the sewage disposal system on the property during exploration. 11. If the drilling waste (cuttings and fluids) will be disposed of on the property include a statement � describing the location and disposal method. 12. Such additional information as may be required by the Department of Planning Services, the IPlanning Commission or the Board of County Commissioners in order to determine that the application � meets the requirements of this Chapter and the policies of Chapter 22 of this Code. D. Special Review Permit (USR) Plan Map. 1. The Plan Map shall be delineated on reproducible material approved by the Department of Planning Services. 2. The dimensions of the Plan Map shall be thirty-six (36) inches wide by twenty-four (24) inches high. 3. The Plan Map shall include certificates for the property owner's/operator signature, and the signature of the Planning Director if administratively approved, or the signature of the Chairman of the Planning Commission and the Chairman of the eoard of County Commissioners and the Clerk to the Board if the USR is approved by the Board. The required content of the certiflcates is available from the Department of Planning Services. 4. Vicinity Map. A vicinity map shall 6e drewn on the Plan Map. a. The scale of the vicinity map shall be one (1) inch equals two thousand (2,00D) feet or at another suitable scale if approved 6y the Department of Planning Services. b. The vicinity map shall delineate all of the required information within a one-half (%:) mile radius of the property proposed for the USR. c: The following information shall 6e shown on the vicinity map: 1) Section, township and range. 2) Scale and north arrow. 3) Outline of the perimeter of the parcel proposed forthe Use by Special Review. 4) The generel classifications and distri6ution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend . 5) Locations and names of all roads, irrigation ditches and water features. 6) Location of all residences within a one-half-mile radius, existing and proposed accesses to the property proposed for the USR, any a6utting subdivision outlines and names, and the boundaries of any ADJACENT municipality. 16 � Page e 7) Any other relevant information within a one-half-mile distance of the perimeter property proposed for the USR as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter. � 5. Plot Plan. A plot plan of the Use by Special Review area shall be drewn on the Plan Map. a. The scale of the plot plan shall be one inch (1") equals one hundred feet (100) or at another suitable scale if approved by the Department of Planning Services. b. The plot plan shall outline the Boundaries of the parcel being considered for the USR. c. The plot plan shall include the location and identification of all of the following items which exist within a two-hundred-foot radius of the boundaries of the USR area, as well as within the area itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1) All public rights-of-way of record (including names). 2) All existing and proposed STRUCTURE5. 3) All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines. 4) Irrigation ditches. 5) Adjacent property lines and respective owners' names (may be shown on vicinity map instead). 6) All hydrographic features including streams, rivers, ponds and reservoirs (including names). 7) Topography at two-foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8) Location of areas of moderete or severe soil limitations 9) Approved access(es) 10) Location, amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING. 11) Location of any flood hazard, GEOLOGIC HAZARD or mineral resource areas. 12) Plat Certificate Signature Blocks for 1) Property Owner(s�, 2) Planning Director or 3) Planning Commission and 4) Board of County Commissioners. 13) Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission or the 8oard of County Commissioners in order to determine that the application meets the requirements of this Chapter, the policies of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. 6. The Plan map may include the information required by COGCC Rule 303.b.(3). D., E., and F. 17 � Page � ec. 23 'Z-985. - Development standards. An applicant for a Use by Special Review (USR) for an OIL AND GAS FACILITY shall demonstrate conformance with and shall continue to meet the DEVELOPMENT STANDARDS approved and adopted by � the County. The DEVELOPMENT STANDARDS shali be placed on the USR Map prior to recording. � Noncompliance with the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the USR by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standards. Sec. 24-8-30. - Subdivision Exemption. � I A. The subdivision exemption is intended for the following ��ht (8(�) purposes: I . Division of a parcel of interest in a parcel which dces not result in the creation of a new residential or permanent building site. When otherwise allowed by recorded exemption regulations, the � subdivision exemption can be utilized in conjunction with a recorded exemption to separate one ( 1 ) additional existing habitable residence with accessory outbuildings from any of the recorded exemption parcefs. A subdivision exemption lot in conjunction with a recorded exemption created prior to March l , 2004, is eligible for a one-time-only land exemption. A subdivision exemption lot in conjunction with a recorded exemption created after March I , 2004, is not eligible for a future land exemption. The subdivision exemption must meet the following criteria: a. A minimum oftwo (2) habitable residential improvements are required. b. The residential use of the improvements must be continuous with any gap in use being less than one ( I) year. c. The residential improvements must be continuously claimed and taxed as residences by the Assessor's Oftice. d. The subdivision exemption is the best alternative to dispose of existing improvements. e. No more than one ( I ) subdivision exemption for this purpose may be submitted with a recorded exemption application. f. The applicant is only eligible to apply for a subdivision exemption if it is the first recorded exemption done on the property on or after December I5, 1992, the inception date of the subdivision exemption. g. The residences were not originally constructed on separate legal lots. 2. For adjustment of property lines between two (2) contiguous parcels. 3. For the creation of lots for the purpose of tinancing. 18 � Page V Ia. Lots created for the purpose of mortgaging a dwelling unit shall not result in the creation of a � lot to be sold separately. Upon termination of the morcgage arrangement, the lot shall cease to exist. I b. Foreclosure of the parcel created for financing purposes shall not crzate a separate legal parcel unless the process described in Section 24- 1 -40, under Subdivision or subdivided lund, has been fol lowed. 4. For the non-permanent use of a parcel for public utility facilities. I5. For the non-permanent use of a parcel for oil and gas �a�#t�et��Fr f,jcilitvies, oil and gas storage facility or oil and gas suppoR and service facilities. Upon termination of the leasehold arrangement, the lot and access shall cease to exist. 6. For the non-permanent use of a parcel for Telecommunication Antenna Tower facilities. 7. For the non-permanent use of a parcel for a mining operation. �, S.OII . AND G �S LOCATION �, Sec. :,q_g_40. — Recorded E%xemption standards. �. � recordedri exemption application shall comply with all ofthe following standards: I Sec. 24-S-100. - Exemption amendments time provisions. Time provisions do not apply to subdivision exemptions for adjustment of property lines between two (2) contiguous parczls, For the creation of lots t�r d�e purpose of tinancing,._er for the non-pznnanent teet�r use of a parcel for public utility facilities, for the non-pennanent use of � varcel for Telecommunication t\ntenna To��er f�icilities. foc the non-permanent use of a pxrcel for a muiine operation or Cor the non- permanen� use ol a �arcel tor oil and eas tacili� v. uil and �as storaRe t'acilitv oroil and �as su�ort and service tilcilities. Any change to a previously approved esemption. which is not a correction as detined in Section 24- 8-90 of this Chapter, shall be processed as a new exemption, if eligible. ln the following instances, the rewrding date of amendments shall not be used to calculate the timing provisions of Section 24-8-40.M. Ra[her, the date shall be figured by ihe date of rewrding of the previous exemption: A. Where a boundary change results in a change of acreage of Lot A , Lot B, Lot C, Lot D or the Subdivision Exemption Lot done in conjunction therewith, and does not create an additional lot. 6. Where previous approval of a recorded exemption included more than Ihe minimum lot size required in the aFfected zone district, and the applicant did not waive his or her right, the applicant is eligible to apply ro 19 � Page decrease the larger lot to the minimum lot size required subject to the limitations of Section 24-8-80.G of this Chapter. 20 � Page . . � � �� . a �- � �� PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23 SECTION(S) PROPOSED TO BE MODIFIF.D: See below RATIONALE FOR MODIFICATION: The new codes changes would require a modified Use by Special review permit for Oil and Gas Facilities. This permit would be an administrative permit unless determined by the Director of Planning Services to be reviewed and approved by the BOCC. PROPOSED M�AIFI�N: Changes to Section 23-1-90 — Definitions. OIL AND GAS PR9BdE-�19P�FACILITY�E—S: shall mean equipment or improvements used or installed at an oil and �as location for the exploration, production, withdrewal, Qatherin�. treatment, or processins of oil or natural zas. r,...��... „c ��.,, ,, i ,.. ,...� ...,,u� .,. ...... �,,.�«e. ..o,.,... �,,..�.,.,..� ...,..,,.� , , , . . , , •..I+:�l� m� ��h I�r� �e�nnn�hcr� �anll F� �nrhinn�l Table 23-1E �. ._._....... � Y� Y� � i � � � T � I � ; i ; �-- �-- � ; �---- ; , ; � � � �Zone �R-1 �R-2 R-3 TR-4 R-5 1 C-2 C-3 � -4 I-1 I-2 I-3 E iPUD ' 1 I I � � I � � � � Y--- ----- - _ _ _ _ _ _ I �Application USR (USR USR USR �USR USR USR USR USR USP !,USRSPR USR5PR USR�i�JS�F � , ; �_�.-- �i -.-- ' - !- � _J USR - Use by Special Review CDQ Ch.. OI�... D... .:..... I IOD _ I lo�� L..•�rt * - PUD - Callout by Zone District Requirements, unless specifically addressed in PUD application as a I UBR _ , O!L AND GAS LOCATION: shall mean a definable area where an operaYor has distur6ed or intends to disturb the lond su¢ace in order to Jocate an oil and gas facility. O!L AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES: a. Parking and maintenance of exploration, production or workover equipment. b. Equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contredors. c. Parking and maintenance for tank and water service companies. d. Storage and rental yards for pipe and production equipment. e. Field OFFICES USED by production-related records and maintenance personnel. f. Disposal and recycling sites for production waste (except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on-site storege occurs), except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials. g_�lil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market. h. Midstream activities includin� the processin�, storinQ, transportin� and marketinA of oil, natural gas and natural �as liquids. PETROLEUM REFINERY is 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. , , nr+��i+r�4 NIIOL� r�� mr�� 44I��i� �r�ei-iCeall mir�m� �rv� v�vla e�l�r�nvkli PIPELINE- NATURAL GA5: includes anv aipeline and appurtenant facilities desianed for. or capable of. transportin� natural �as which is ten (10) inches in diameter or lar�er, as measured from the outside of the pipeline, and creates a hoop stress of twentv percent (20�) or more at their specified minimum vield stren�th lSMY51, as shown on construction plans or diaQrams. ��:o��+Jk - — �lf� __ _ . • • PlPELlNE — PETROLfUM PRODUCTS THAN NATURAL GAS: includes anv Pipeline and appurtenant facilities desi�ned for, or capable of, transportin� anv other qetroleum derivatives which is ten (10) inches in diameter or laraer, as measured from the outside of the pipeline, reaardless of hoop stress. Changes to various sections in Article III — Zone Districts: Agricultural Sec. 23-3-20. - Uses allowed by right. c.,� � z_�_�n i nu nnin r_ nc �enni irTinni � nrn in �c Sec. 23-3-40. - Uses 6y special review. Sec. 23-3-40.A.8 OIL AND GAS FACILITY Sec. 23-3-40.A.9 PETROLEUM REFINERY ESTATE Sec. 23-3-430. - Uses by special review. Sec. 23-3-430.1 OI L AN D GAS �BP�F ACI L TY1€5 COMMERICAL C-1 ( Neighborhood Commercial) Zone District. Sec. 23-3-210.D.6 OILANDGASRR99�1CTIAA�FACILTYI€5 C-2 (General Commercial) Zone District. Sec. 23-3-220.D.4 OIL AND GAS RRA8�1f�JAN-FAQLTYI€5 C-3 (Business Commercial) Zone District. ISec. 23-3-220.D3 OIL AND GAi RR881�J9P1-F ACILTYI€5 C-4 (Highway Commercial) Zone District. Sec. 23-3-240.D.3 OIL AN D GFS�R8B�9N I FACILTYIE3 � �� . . INDUSTRIAL Use by Right I-1 (Industrial) Zone District Ic..� � � _� _z � n a � � nu nnin r_ nc oonni irnnni � nru rri �c Use by Special Review Sec. 23-3-310.D.11 OIL AND GAS FACILITY Sec. 23-3-310.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurelly altered or operated in the I-1 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the I-1 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I-1 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I-1 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapteir. T�� `^"^..,�^^ :� ^�^^�^«^�' `.^^^ , `:•^ o�.., o....:...... ,-�� nu nn�n cnc oonni il'rin�i � nru iricc I-2 (Industrial) Zone District. Sec. 23-3-320.D. 18 OIL AND GAS FACILITY Sec. 23-3-320.D.19 PETROLEUM REFINERY Sec. 23-3-320.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the I-2 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the I-2 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I-2 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I-2 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements _-�-�v=.�¢r�l� .. _ . _ _ .�+ ` r . . _ . _: ..�_Jv�' . a� _. __ uLaY a A� _. �_ � � • and orocedures set forth in Article II, Division 4 of this Chapter. T''^ `^"^,.,-"" •` �""^'^,"' .^^' , c,... ol..., o.,..'....,� � �: n nn�n Gnf DDIIl1 �"TVI�I [A /'ll ITICC I-3 (Industrial) Zone District. co,. o� � aan Q o nu 4Nfl !] AC DDfllll I!'TIllpl CA!'ll ITICC Sec. 23-3-330.D.20 �IL AND GAS FACILITY Sec. 23-3-330. D.21 PETROLEUM REFINERY Sec. 23-3-330.E Site Plan Review Required . No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurelly altered or operated in the I-3 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the I-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property zoned I-3 have been or shall 6e complied with according to the intent of Article 11, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I-3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. T"^ F^"^,.,:^^ :� ��^,^`�a `.^M , `;«^ ni..,.r�v�r�c�i�:T Illl A �III !' Af DOl1MIrTll1N [ AfII1TICC RESIDENTAIL R-1 ( Low-Density Residential) Zone Distrid. Sec. 23-3-110.D.6 OIL OR GAS PR9BHC�76AtiF ACILITYI€5 Add a new Divislon 10: Division 10 - Use by Special Review for Oil and Gas Facility Sec. 23-2-950. - Intent and applicability. A. Use by Special Review (USR) for an OIL AND GAS FACILITY require additional consideration to ensure that it is established and operated in a manner that is compatible with existing and future surrounding land uses. The additional consideration or regulation of the USR for an OIL AND GAS FACILITY is designed to protect and promote the health, safety, convenience and generel welfare of the present and future residents of the COUNTY. � I . . B. The USR for an OIL AND GAS FACILITY is an administrative process and is exempt from the definition of Development set forth in the agreements contained in Chapter 19 of the Weld Cs�unty Code. The USR application will be referred for comment to the planning commission or governing body of any town and county whose boundaries are within a three-mile radius of the parcel under consideration. C. The Department of Planning Services may approve a USR for an OIL AND GAS FACILITY by granting a Use by Special Review Permit. If the Planning �irector determines to administratively approve the USR, he or she may condition the decision to approve upon the applicanYs implementation of r2asonable methods or techniques availabie to mitigate any negative irrrpacts which could be generated by the OIL AND GAS FACILITY upon the surrounding area, and may require su�cient performance guarentees to be posted with the COUNTYto guarantee such implementation. If the Planning �irector determines not to administratively approve the USR, the case shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners. D. Any person filing an application for a USR for an OIL AND GAS FACILITY shall comply with the COUNTY procedures and regulations as set forth herein. Any expansion or enlargement shall be treated as a new OIL AND GAS FACILITY. E. Ordinary repairs and maintenance may be perFormed upon STRUCTURES associated with a USR for an OIL AND GAS FACILI"fY so long as such repairs and maintenance do not have the effect of expanding or enlarging the OIL AND GAS FACILITY. F. ,4pplieations for USR's shall be completed as set forth in Section 23-2-98Q. The complete application and applieation fees shall be submitted to the Department of Planning Serviees. G. The applicant may be required to submit an Improvements Agreement agreeing to construct required improvements to mitigate impacts caused by the OIL AND GAS FACILITY. The Improvements Agreement shall be made in conformance with the County policy on cqllateral for improvements and must be approved by the Board priorto recording the USR map. H. An application for a USR for an OIL AND GAS FACILITY shall include the entire LEGAL LOT or Subdivision Exemption Lot upon which the OIL AND GAS FACILITY will be located. I. The applicant shall submit one (1) paper copy of the USR map for preliminary approval to the Department of Planning Services. Upon approval of the paper copy, the applicant shall submit a Mylar map, along with all other dpcumentation required as Conditions ofApproval. The Mylar map shall be recorded in the office of the County Clerk and Recarder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-980.D of this Article. The Mylar map and additional requirements shall be recorded within one hundred twenty (120) days from the date of the administrative approval or the Board of County Commissioners Resolution. The applicant shall be responslble for paying the rewrding fee. If a USR map has not been remrded within one hundred twenty (120) days from the date of the eoard of County Commissioners Resalution, or within a date specified by the Board of County Commissianers, the Board may require the applicant to appear _ � � • before it and present evidence substantiating that the USR for OIL AND GAS PRODUCTION FACILITY has not been abandoned and that the applicant possesses the willingness and ability to record the USR map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the USR map cannot be met, the Board may, after a public hearing, revoke the USR. Sec. 23-2-955. - Duties of Department of Planning Services. A. At the discretion of the Director of Planning Services a pre application meeting may be required. If so, the applicant shall arrange for a pre-application conference with the Department of Planning Services. B. The Department of Planning Services shall be responsible for processing all applications for Special Review Permits (USR's) in the unincorporated areas of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. C. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty-eight (28) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the Planning Department. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review (USR) for an OIL AND GAS FACILITY. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for an USR rests with the Planning Department. a. The planning commission or governing body of any town and county whose boundaries are within a three-mile radius of the parcel under consideration for an USR. b. The planning commission or governing body of any city or town that has included the parcel in its MASTER PLANNING area or Intergovernmental Agreement. c. Department of Public Health and Environment. d. Department of Public Works. e. Colorado State Division of Wildlife. f. Colorado State Oil and Gas Conservation Commission. g. The appropriate fire district. .��R ...� . . h. Any irrigation ditch company with facilities on or adjacent to the parcel under consideration. i. Any other agencies or individuals whose review the Department of Planning Services may deem necessary. 2. A sign shall be posted by the applicant on the property under consideration for a USR for an OIL AND GAS FACILITY. The sign shall be posted adjacent to and visible from a publicly maintained road right-of- way. In the event the property under consideration is not adjacent to a publicly maintained road right- of-way, one (1) 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 within three (3) days of submitting a complete Use by Special Review application. The applicant will need to provide a photo of the sign posted on the property, a n�ap indicating where they posted the sign and an affidavit to the Department of Planning Services that the sign was posted in conformance with this section of the Weld County Code. The sign will be provided by the Department of Planning Services. 3. Give notice of the application for a USR to those persons listed in the application as owners of property located within one thousand (1,000) feet of the parcel under consideration. Such notification shall be mailed first-class. 4. The applicant will need to confirm they have addressed the concerns of the surrounding property owners and referral agencies to the satisfaction of the Planning Director. Upon request by a surrounding property owner or referral agency or local government, the applicant shall meet to discuss their concerns and may be required to address those concerns through reasonable best management practices and/or mitigation measures. 5. Prepare staff comments addressing all aspects of the application, its conformance with the Weld County Code and any other applicable code provision or ordinance in effect, adopted master plans of affected municipalities, sound land use planning practices, comnnents received fror� a�encies to wlhich the proposal was referred, and standards contained in this Chapter. 6. The Planning Services Director may refer a USR for an OIL AND GAS FACILITY to the Planning Commission and then to the Board of County Commissioners if there are any comments from surrounding property owners that cannot be addressed and/or if the operetor cannot or will not agree to any of the provision in the code. 7. If a hearing is required the Department of Planning Services will arrenge for legal notice of said 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 Planning Commission and the Board of County Commissioners hearing. Notice of the hearings will be sent to persons listed in the application as owners of property located within one thousand (1,000) feet of the parcel under consideretion. Such notification shall be mailed first-class. �� • , 8. If a hearing is required the Department of Planning Services will be responsible for providing and posting a sign on the property under consideration in a location readily visible from the adjacent publically maintained roadways. The sign will be posted at least ten (10) days preceding the hearing date of Planning Commission and the eoard of County Commissioners' hearing. In the event the property under consideretion is not adjacent to a publicly maintained road right-of-way, a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way will be posted. The sign posting will be evidenced with a photogreph. Sec. 23-2-960. - Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Special Review Permit (USR). The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested USR. The Planning Commission shall approve the request for the USR only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23-2-970 and 23-2-975 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23-2-970 and 23-2- 975 are met. The applicant shall demonstrate: 1. That the proposal is consistent with the Weld County Code and any other applicable code provision or ordinance in effect. 2. That the OIL AND GAS FACILITY to be permitted will be compatible with the existing surrounding land USE5. 3. That the OIL AND GAS FACILITY to be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projeded 6y Chapter 22 of this Code or MASTER PLANS of affected municipalities. 4. That the application complies with Articles V and XI of this Chapter if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. 5. That if the OIL AND GAS FACILITY is proposed to be located in the A (Agriculturel) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the OIL AND GAS FACILITY. 6. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGH8ORHOOD and the COUNN. B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation has been made. . C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. Sec. 23-2-965. - Duties of Board of County Commissioners. A. The 8oard of County Commissioners shall: Set a Board of County Commissioners public hearing, to take place not more than forty-five (45) days after receipt of the Planning Commission recommendation, for consideration of the proposed Special Review Permit (USR). 8. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review ;I;SR for an OIL AND GAS FACILITY, the Board of County Commissioners shall consider the recommendarion of the Planning Commission, and from the facts presented at the public hearing and the information �ontained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the USR only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-970 and 23-2-975 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and 23-2-970 and 23-2-975 of this Division are met. The applicant shall demonstrate: 1. That the proposal is consistent with the Weld County Code and any other applicable code provision or ordinance in effect. 2. That the OIL AND GAS FARILITY to be permitted will be compatible with the existing surrounding land USE5. 3. That the OIL AND GAS FACILITY to be permitted will be compatible with the future DEVELOPN1ENTof the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected muniicipalities. 4. That the application complies with Articles V and XI of this Chapter if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the COUNTY. 5. That if the OIL AND GAS FACILITY is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the OIL AND GAS FACILITY. ��PKCi - '�-�-T.Tt—Y�.-'+��.��=le�� " ' -s� . _ .TeJ E — 1 • 6. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. C. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area, the Board of County Commissioners may condition the decision to approve the USR upon implementation of such methods or techniques and may require sufficient performance guarentees to be posted with the COUNTY to guarantee such implementation. D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drefted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. E. If the USR is approved, the Board of County Commissioners shall arrange for the Department of Planning Services to record the USR map with the County Clerk and Recorder. Sec. 23-2-970. - Design standards. A. An applicant for a Use by Special Review (USR) for an OIL AND GAS FACILITY shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. � 1. Buffering or SCREENING of the OIL AND GAS FACILITY from ADIACENT properties may be required in order to make the determination that it is compatible with the surrounding uses. Buffering or � SCREENING may be accomplished through a com6ination of berming, landscaping and fencing. 2. Other reasonable 6est management practices and/or mitigation measures may be required to ensure compatibility with existing and future surrounding land uses. Sec. 23-2-975. - Operation standards. An applicant for a Special Review Permit (USR) shall demonstrate conformance with the following operetion standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review priorto construction and operetion. Once operetional, the operetion of the USES permitted shall conform to these standards. A. The operetion of the OIL AND GAS FACILITY shall comply with the noise standards enumerated in Section 25-12-101, C.R.S. B. The �IL AND GAS FACILITY shall comply with the following lighting standards: 1. Sources of light, including light from high-temperature processes such as combustion or welding, shall be shielded so that light rays will not shine diredly onto ADIACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and � f � �� _ , � • . � 2. Neither direct nor reflected li ht from an li ht source ma create a traffic hazard to o erators of 6 Y B Y P motor vehicles on PUBLIC or private STREETS and no colored lights may be used which may be confused with or construed as treffic control devices. C. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS W EED5. D. Any off-site and on-site improvements agreement shall be made in conformance with the County policy on collateral for improvements. E. The OIL AND GAS FACILITY shall comply with all operetional standards required 6y the COGCC. Sec. 23-2-980. - Application requirements. A. The purpose of the application is to give the applicant for a Use by Special Review (USR) for an OIL AND GAS FACILITY an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documenu shall be submitted as a part of the application except for those items determined by the Diredor of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application: 1. A statement which explains how the USR for an OIL AND GAS FACILITY is consistent with the Weld County Code and any other applicable code provision or ordinance in effect: 2. A statement which explains that the OIL AND GAS FACILITY will be compatible with the existing surrounding land USES. 3. A statement which explains that the OIL AND GAS FACILITY will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provision or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. 4. 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. 5. A statement which explains that if the OIL AND GAS FACILITY is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the OIL AND GAS FACILITY. 6. A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. �� -" . _ ..--�. .v-��-- a _. . � • - --_�� —�� __ _ _ . � ' _ _. . ' n B. The following generel information shall be submitted: 1. Name, address and telephone number of the applicants. 2. Name and address of the fee owners of the property proposed for the USR if different from above. 3. Legal description of the property under consideretion. The applicant shall include information as to whether a Subdivision Exemption has been approved forthe property where the OIL AND GAS FACILITY is to be located. 4. Total acreage of the parcel under consideration. 5. Existing land USE of the parcel under consideration. 6. Existing land USES of all properties ADJACENT to said parcel. 7. Present zone and overlay zones, if appropriate. 8. Signatures of the applicant and fee owners or their authorized legal agent. 9. 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 one thousand (1000) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstrect 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. 10. Where an authorized legal agent signs the application for the fee owners, a signed surface use agreement, or a letter granting power of attorney to the agent from the owners must be provided. 11. Copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. 12. If applicable, an Improvements Agreement executed by the applicant. This Improvements Agreement shall be in accordance with the County policy and documents for collaterel for improvements. 13. The applicant will need to work the Weld County Office of Emergency Management to put together an Emergency Action Plan if the quantity of the product stored on site is over 2,ODD bbl. 14. An access permit from the Weld County Department of Public Works. C. A detailed description of the OIL AND GAS FACILITY shall be supplied. Details for the following items, when applicable, are required: 1.The layout and design of the OIL AND GAS FACILITY. � �� . • . 2. A statement describing the number of people who will use this site during exploration. 3. A statement describing how the noise be mitigated during exploration. 4. A statement describing the type of lighting and how will it be compatible with surrounding properties during exploration. 5. A statement describing the type and num6er of structures and equipment to be erected (built) on this site (wells, tanks, flares, vapory recovery unit). 6. A statement describing the size and location of all oil and gas, and/or water pipelines connecting to the OIL AND GAS FACILITY. 7. A statement describing the kind of vehicles (type, size, weight) that will access this site during exploration and a defined haul route. 8. A statement describing who will provide fire protection to the site. 9. A statement describing the drinking water source on the property during exploretion. 50. A statement describing the sewage disposal system on the property during exploretion. 11. If the drilling waste (cuttings and fluids) will be disposed of on the property include a statement describing the location and disposal method. 12. Such additional information as may be required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code. D. Special Review Permit (USR) Plan Map. 1. The Plan Map shall be delineated on reproducible material approved by the Department of Planning Services. 2. The dimensions of the Plan Map shall be thirty-six (36) inches wide by twenty-four (24) inches high. 3. The Plan Map shall include certificates for the property owner's/operetor signature, and the signature of the Planning Director if administratively approved, or the signature of the Chairman of the Planning Commission and the Chairman of the Board of County Commissioners and the Clerk to the Board if the USR is approved by the Board. The required content of the certificates is available from the Department of Planning Services. 4. Vicinity Map. Avicinity map shall be drewn on the Plan Map. a. The scale of the vicinity map shall be one (1) inch equals two thousand (2,000) feet or at another suitable scale if approved by the Department of Planning Services. � , _.. � .,..�._ ,- �_ __ .�._ � _ - � . =T - . , . . b. The vicinity map shall delineate all of the required information within a one-half (Y�) mile redius of the property proposed forthe USR. c. The following information shall be shown on the vicinity map: 1) Section, township and renge. 2) Scale and north arrow. 3) Outline of the perimeter of the parcel proposed for the Use by Special Review. 4) The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. 5) Locations and names of all roads, irrigation ditches and waterfeatures. 6) Location of all residences within a one-half-mile radius, existing and proposed accesses to the property proposed for the USR, any abutting subdivision outlines and names, and the boundaries of any ADJACENT municipality. 7) Any other relevant information within a one-half-mile distance of the perimeter property proposed for the USR as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drewn on the Plan Map. a. The scale of the plot plan shall be one inch (1") equals one hundred feet (100) or at another suitable scale if approved by the Department of Planning Services. b. The plot plan shall outline the Boundaries of the parcel being considered for the USR. c. The plot plan shall include the location and identification of all of the following items which exist within a two-hundred-foot radius of the boundaries of the USR area, as well as within the area itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1) All public rights-of-way of record (including names). 2) All existing and proposed STRUCTURE5. 3) All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines. 4) Irrigation ditches. 5) Adjacent property lines and respective owners' names (may be shown on vicinity map instead). 6) All hydrogrephic features including streams, rivers, ponds and reservoirs (including names). .�.� , . 7) Topogrephy at two-foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8) Location of areas of moderate or severe soil limitations 9) Approved access(es) 10) Location, amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING. 11) Location of any flood hazard, GEOLOGIC HAZARD or minerel resource areas. 12) Plat Certificate Signature Blocks for 1) Property Owner(s}, 2) Planning Director or 3) Planning Commission and 4) Board of County Commissioners. 13) Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter, the policies of Chapter 22 of this Code and any other applicable code provision or ordinance in effed. 6. The Plan map may include the information required by COGCC Rule 303.b.�3).D., E., and F. Sec. 23-2-985. - Development standards. An applicant for a Use by Special Review (USR) for an OIL AND GAS FACILITY shall demonstrete confortnance with and shall continue to meet any DEVELOPMENT STAN DARDS approved and adopted by the County. The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit (SPR) Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the USR by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standards. Sec. 24-8-30. - Subdivision Exemption. IA. The subdivision exemption is intended far the followin€; si� eieht (86)purposes: 1 . Division of a parcel of interest in a pazcel which does not result in the creation of a new residenrial or permanent building site. When otherwise allowed by recorded exemption regularions, the subdivision exemption can be utilized in conjunction with a recorded exemption to separate one (1) additional existing habitable residence with accessory outbuildings from any of the recorded exemption pazcels. A subdivision exemption lot in conjunction with a recorded exemption created prior to March 1, 2004, is eligible for a one-time-only land exemption. A subdivision exemption lot in : _ _ _ _� _ _ __ �_. ,. . _ _ , _ _ _ . , . � . conjunction with a recorded exemption created after Mazch 1 , 2004, is not eligible for a future land exemption. The subdivision exemption must meet the following criteria: a. A minimum of two (2) habitable residential improvements aze required. b. The residential use of the improvements must be continuous with any gap in use being less than one ( 1) yeaz. c. The residential improvements must be continuously claimed and taxed as residences by the Assessor's Oftice. d. The subdivision exemption is the best altemative to dispose of existing improvements. e. No more than one (1 ) subdivision exemption for this purpose may be submitted with a recorded exemption application. £ The applicant is only eligible to apply for a subdivision exemption if it is the first recorded exemption done on the property on or after December 15, 1992, the inception date of the subdivision exemption. g. The residences were not originally constructed on sepazate legal lots. 2. For adjustment of property lines behveen two (2) contiguous pazcels. 3 . For the creation of bts for the purpose of financing. a. Lots created for the purpose of mortgaging a dwelling unit shall not result in the creation of a lot to be sold sepazately. Upon tertnination of the mortgage arrangement, the lot shall cease to exist. b. Forecloswe of the pazcel created for financing purposes shall not create a sepazate legal pazcel unless the process described in Scction 24- I -40, under Subdivision or subdivided land, has been followed. 4. For the non-permanent use of a pazcel for public utility facilities. I5. For the non-permanent use of a pazcel for oil and gas �u�arrfiacilityies, oil and gas storage facility or oil and gas suppoR and service facilities. Upon termination of the leasehold arrangement, the lot and access shall cease to exist. 6. For the non-permanent use of a pazcel for Telecommunication Antenna Tower faciliNes. 7. For the non-permanent use of a parcel for a mining operation. 8.OIL AND GAS LOCATION Sec. 248-40. - Exemption standards. IA recordeda exemption application shall comply with all of the following standazds: Sec. 23-3-20. - Uses allowed by right. No BUILDIMG, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erec4ed, structurally altsred, enlarged or maintained in the A (Agricultural) Zone DisVict except for one (1 ) or more of the following USES. Land in the A (Agricultural) Zone District is suhject to the schedule of bulk requiremen4s contained in Section 233-50 below. USES within the A (Agricultural) Zone Distrid shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. One (1 ) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL LOT. B. One (1 ) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a parcel of land created under the proviswons of Chapter 24, Article VIII of this Code. C. FARMING, RANCHING and GARDENING. D. Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock raised on the premises. E. TEMPORARY storage and sorting of, in transit, of crops, veget�bles, plants, flowers and nursery stock not raised on the premises and not for sale on said premises. F. Repealed. G. Grazing of LIVESTOCK. H. Feeding of LIVESTOCK within the limitations defined in Section 23-350 below and Section 23-4- 710. f �� n nnc oonni irrinr. rnri�€� Id. PUBLIC parks and PUBLIC recreatipn facilities. JK. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes. K6. UTILITY SERVICE FACILITIES. LM. Alcohol production which does not exceed ten thousand (10,000) gallons per year, provided that alcohol and by-products will be used primarily on the owner's or operator's land. MW. TEMPpRARY group assemblage5 (subject to Chapter 12, Article I, of this Gode). N9. Asphalt or concrete batch plant used temporarily and exclusively for an on-s8e construction project or the completion of a PUBLIC road improvements project. The six-month limitation for this TEMPORARY use may be extended in six-month increments at the discretion of the Director of Planning Serv+ces up to hvo (2) times, and thereafter by the Board of County Commissioners. OR. MOBILE HOME subject to the additional requirements of ARicle IV, Division 3 of this Chapter. PQ. Police and Fire Stations or Facilities. QFi. Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC road improvement projec[. In addition, sand, soil and aggregate MINING, regardless of the use of the material, which qualifies for a single limited impact operation (a 110 permit) or is exempt from any permits from the Division of Minerals and Geology, generates no more than fve thousand (5,000) cubic yards of material per year for off-site use and does not involve crushing, screening or other processing. An Imprpvements Agreement, as determined by the Depaftment of Public Works, may be required prior to commencement of operations. RS. MANUFACTURED HOME subjed to the additional requirements of Section 23-4-700 of this Chapter. S�. ANIMALBQARDWGandanimalTRAININGFACILITIESwherethemaximumnumberofANIMAL UNITS permitted in Section 23-3-50.D below is not exceeded. T61. One (1 ) TELECOMMUNICATfON ANTENNA TQWER and/or one (1 ) NONCOMMERCIAL TOWER subject to the prc�visians of Article IV, Division 10 of this Ghapter. UY. Disposal of BIOSOLIDS subject to the additional requirements of Chapter 14, Article VII of this Code. 1/lA�. Disposal of DOMESTIC SEPTAGE subjed to the �dditional requirements of Chapter 14, ARicle VI of this Code. :� . � TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of freworks and Christmas trees, subjed to the permit requirements of Article IV, Division 7 of this Chapter, except as allowed without a permit per Subsection 233-20.D. X� GROUP HOME FACILITY. y� FOSTER CARE HOME. Zqp, County Grader Shed, except in or adjacent to a platted subdivision or Townsite. qqgg CARGO CONTAINERS used as a SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL LOT. Sec. 23-3-40. - Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. Mineral resource development facilities including: 1 . OIL AND GAS STORAGE FACILITIES. 2. OIL AND GAS SUPPORT AND SERVICE. 3. OIL AND GAS PRODUCTION FACILITIES. 43. Open pit MINING and materials processing, subject to the provisions ofArticle IV, Division 4 _. .�:_ ..�--•- - �� ,� �� aN,�� . 54. Asphalt and concrete batch plants. �. Coal gasification facilities. 7�. MINING or recovery of other mineral deposits located in the County, subject to the provisions of Article IV, Division 4 of this Chapter. gz, TRANSLOADING. � � ti � SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 17, 2015 A regular meeting of the Weld Counry Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Jordan Jemiola, at 12:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross. AbsenUExcused: Gene Stille, Michael Wailes, Nick Berryman. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michelle Martin, and Tom Parko, Department of Planning Services; Wayne Howard, and Jennifer Petrik, Department of Planning Services — Engineering Division; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the November 3, 2015 Weld County Planning Commission minutes, Moved by Bruce Johnson, Sewnded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER: ORDINANCE 2015-26 PRESENTED BY: TOM PARKO REQUEST: IN THE MATTER OF REPEALING AN� REENACTING, WITH AMEN�MENTS, CHAPTER 23 ZONING, OF THE WEL� COUNTY CODE Barbara Kirkmeyer, Weld County Commissioner, stated that this particular code change removes oil and gas production facilities from a Use by Right under Section 233-20 and places it as a Use by Special Review under Section 23-3�D. Commissioner Kirkmeyer said that they have been working with the oil and gas industry for several years as well as the Colorado Oil and Gas Conservation Commission (COGCC). She added that much to their disappointment COGCC has decided to pass yet another round of rules that essentially interferes with local government control and interferes and infringes upon matters that are of local concern. The rules that have passed and are in the process of passing conflict with Weld County land use authority as local government. They fuAher erode the private property rights of the surface property owner and they provide for essential extraterritorial authority to adjacent or approximate Ixal governments. Ms. Kiricemeyer said lhat as the Board of County Commissioners, they cannot stand by and allow this to occur. She added that they believe that as a local govemment and those with local government land use authority that it is their job to mitigate the impacts of any development of the surface. She further added that this is their job to ensure compati6ility with surrounding and adjacent land uses. Furthermore, it is theirjob to ensure the coordinated, harmonious development of Weld County. She emphasized that it is not the COGCC's job. Lxal governments do not need additional local control and what the COGCC is doing is not necessarily giving them more local control but they are attempting to usurp their authority as local governmental elected officials. She added that COGCC has been creeping into their land use authority for the last few years and these rules are nothing more than a further attempt to intercede into their land use authority and inseA themselves into local matters. Weld County does have regulations that apply to oil and gas operations and has consistently stayed out of the middle and not inserted government in the middle of a contractual agreement belween rivo private property owners: the surface owner and the subsurface owner. Commissioner Kirkmeyer emphasized that they have a huge respect and a very strong respect for private property rights. But because of the COGCC's insistent rule making and subsequent rules, they have interfered with the contractual agreement beriveen those two private properly owners and they are interfering and infringing on private property rights on the surface and they do not take into account the compatibility of existing and future land uses. Therefore, Commissioner Kirkmeyer stated that they are presenting this code change that would put in place a Use by Special Review process and permit for oil and gas operations to ensure that surface 1 � r ` owner's rights are protected and to guarantee that it is the County who is ensuring the development of a coordinated and harmonious Weld County. Commissioner Kirkmeyer added that she spent the last day and a half at the COGCC and it is extremely disconcerting to her to listen to the comments that came fonvard and she feels like she was going back to 1995 where the process was a flght. The rulemaking that is taking place at COGCC is an attack on � private property rights. They believe this USR will level the playing field and inserts back in the private property owner on the surtace in the process. fSteve Moreno, Weld County Commissioner, stated that he serves on the Oil and Gas Task Force and as � part of that task force they reviewed over 50 recommendations and narrowed it down to nine (9) that were presented to the Colorado Governor. Two (2) of these recommendations were forwarded to the legislators. The other seven recommendations were that COGCC was to allow for further discussion and have communication wdh municipalities and counties to address some of the concerns that came from their discussions. In his opinion, there was never any intent to allow for more regulation in this process. Julie Cozad, Weld County Commissioner, stated that she struggled with adding on regulation for the oil and gas industry but expressed that it is important to understand that they were backed into a corner because of the Oil and Gas Conservation Commission overstepping their bounds, as far as land use. She agreed that this is a matter of private property rights and not letting the State make the decisions for the landowner on where these facildies will be located. Sean Conway, Weld County Commissioner, stated that in the early 1990's they went through the same exercise in terms of private property rights. Fortunatety, a group of folks came together who were able to move forward and create a culture of mutual respect between the landowner and the oil and gas industry. Unfortunately, COGCC has backed them into a corner and this was not a fight they went looking for. He said that they did everything they could over the last six (6) months from meeting with industry officials and members of the COGCC. This comes down to protection of private property rights and now we have a state entity trying to usurp their local land use authority. Tom Parko, Planning Services, stated that this code change takes the oil and gas production facilities out of Section 233-20 Uses by Right and places it into Section 23-3�0 under Uses by Special Review. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Bob Grand, 105 Woodward Avenue, Keensburg, Colorado, stated that he supports the Weld Counry Commissioners recommendation and it is a sad day when we have to fight our state govemment officials. He commended the County Commissioners for taking a stand and recognizing the importance of private property rights. Richard Miller, 1123 Benton Rock, Longmont, Colorado, stated that he is a former Planning Director from Elbert County. He added that he was in a similar situation.with the Oil and Gas Commission and believes that the County Commissioners are doing the right thing by trying to have this reviewed as a Use by Special Review. He believes that local jurisdictions should have the authority as it impacts private property rights. Commissioner Johnson said that he was involved in the early 1990's fight. At that time, surface owners didn't have a voice with the Oil and Gas Commission. And, because of the work that took place during that fight, it gave the surtace rights standing in the Oil and Gas Commission and the oil and gas operators had to honor that position. Mr. Johnson stated that he is concerned that this will be a precedent for other municipalities and counties to implement and will use this vehicle to be more controlling. Another concem is that he doesn't like to see more regulations on the industry or agriculture. Commissioner Smock asked if the USR will take COGCC out of the picture. Bruce Barker, County Attorney, stated that it does not take COGCC out of the picture but it provides an element which would be an add'Rion to the regulations that they have. He said that as a result from recent court cases, local government has the ability to require a Use by Special Review Pertnit. He added that your review in the application will ensure if the new land use is compatible with the surrounding land uses. Commissioner Kirkmeyer stated that this process would be similar to the process taken with solid waste landfills and the 2 � rule that the Colorado State Department of Health has to play in that. She added that the applicant has to go through a permitting process through the State Health Department and meet certain requirements and then it is up to the County whether to offer a Certificate of Designation. Commissioner Cross a5ked how many USR permits would be created from this code change and the potential of adding staff to process these permits. Commissioner Kirkmeyer stated that they are anticipating it could add 200 to 300 USR permits and they understand that this will impact Planning Commission and the Board of County Commissioner schedules. She said that they may need to add additional hearings to these schedules and added that they will look at what they need to do with additional staff. Commissioner Sparrow said that the State has the right to say where the hole can be drilled but we are talking a6out regulating the tanks and separators. He asked for clarification if we are trying to get in the middle of this discussion between the landowner and the oil companies. Commissioner Cozad replied that the concem is that the facility could be located in the middle of a farm field and it would impact agriculture and private property rights. Commissioner Johnson said that he sees this as another set of regulations that will not stop the COGCC. He respects that something needs to be done but not sure that it is protecting the oil and gas operators. He added that unfortunately, agriculture is not in the legislature anymore. Commissioner Kirkmeyer said that she participated with the rulemaking in the 90's and they worked diligently to ensure a meaningful surface use agreement was in place. But the last few years there has 6een the erosion of the surface use agreement and that is why she is in support of the Use by Special Review permit as it gives the property owners the a6ility to negotiate a surface use agreement that works for them. Commissioner Conway said that he isn't sure that the industry will look at this as a negative as they are tired of the regulations placed from the Oil and Gas Commission. He added that he is hopeful that what we are presenting is taken seriously and there will be a change in the COGCC. However if it is not, this code change will ensure protection of the private property owners. Commissioner Johnson asked how this will keep other counties or municipalities from doing this and enforce non-compatibility. Commissioner Kirkmeyer said that every local government currently has the authority and ability to do the same things we are doing. Mike Freeman, Weld County Commissioner, apologized for 6eing late. Mr. Freeman stated that we have a duty to protect our property owners. Commissioner Smock asked how long it takes to go through the process for a Use by Special Review Permit. Mr, Parko described the process and added that it depends on the submittals from the applicants. He added that from start to finish it could take up to 60 days or six months. Commissioner Kirkmeyer added that the oil and gas industry typically plans their development for the year and these permits could be processed concurcently. Mr. Parko said we could accommodate multiple sites on one property and it could expedite the process. Commissioner Jemiola said Weld County is responsible for 80 percent of the oil production in the state. He feels it is unfortunate that the State is considering regulation that would not be beneficial for Weld County. His concern is that any code changes that COGCC makes would still be in full force. Commissioner Kirkmeyer said it would be in full force for the oil and gas industry. She added that they are trying to ensure the protection of the surface owner property rights and also to ensure that it is the County that is determining compatibility with regard to the future and existing land uses. Commissioner Johnson dcesn't see anything in the code changes that provide protection for the private property owner. Commissioner Kirkmeyer clarified that the surFace property owner will 6e applying for the Use 6y Special Permit; therefore the oil and gas operator will have to work with the surface owner in the application process of the USR. Commissioner Cozad added that the USR would be the agreement 6ehveen the landowner and the mineral owner. Commissioner Jemiola said it is unfortunate with the rules going on at the state but commended the Board of County Commissioners for doing an exceptional job with the protection of the safety and welfare of Weld County residents. 3 +�� I Motion : Forward Ordinance 2015-26 to the Board of County Commissioners with the Planning Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Terry Cross. Commissioner Cross said that he agrees with the Planning Director's ideas about streamlining the process to make their lives easier. Commissioner Smock said that the County Commissioners have given this a lot of thought. Commissioner Johnson said that as a surface owner and as a mineral owner he applauded the importance of the surface use agreement. He said that he doesn't see it written in the code change and feels it is an interpretation. Commissioner Hansford said that he is generally against 6igger government and more regulation on any level but this is something that needs to happen. Commissioner Jemiola said that he is not in favor of more regulation but supports the County Commissioners in taking this step. Meeting adjourned at 5: 12 pm. Respectfully submitted, �� Digitally signed by Kristine Ranslem IDate: 2015.11 .20 09:11 :49 -07'00' Kristine Ranslem Secretary � � 4 � � EXHIBIT INVENTORY CONTROL SHEET ORDINANCE 2015-26 Exhibit Submitted Bv Descriqtion A. Bonanza Creek Letter of Concern, Dated 12/09/2015 B. Anadarko Letter of Concern , Received 12/11 /2015 C. Noble Energy Letter of Concern, Dated 12/11 /2015 D. Colorado Oil and Gas Letter of Concern, Dated 12/11 /2015 E . Dennis J Hoshiko Letter Summarizing Recommendations Dated 09/20/16 F. Dennis J Hoshiko Email with Letter of Concern (09/20/16) , Dated 09/29/16 Curt Moore Bonanza Creek And Doug Dennison E nvi ro n mental-Govern- G . Mental Affairs Liaison Emails/Thank yous dated 10/31 /16 Susan Fakharzadeh Request for continuance of 3r° Reading on 11 /28/16, H . PDC Energy, Inc Dated 11 /21 /16 I . J. K. L. M. N . O. P. Q. R. 2016-0068 �� e o n A n z R 4,a ,�,h S�r��, 5�,� ,4oa na��er, co easas C R E E H ��=a; 05=0$4 �="g �i.��:,,�,,:,,:� �� ,�,.�, EXHIBIT o �December 9, 2015 ' O�� Weld County Board of Commissioners Via UPS Overnight Express 1150 O Street P.O. Box 758 Greeley, CO 80632 Re: Pre-Hearing Statement Dear Chairman Kirkmeyer and Commissioners Conway, Cozad, Freemen and Moreno: On December 14, 2015, the Weld County Board of Commissioners (the "Board") will hear its first reading for a proposal to modify the Weld County Zoning Code (the "Code") to effectively require a Use by Special Review ("USR") for all Oil & Gas Production Facilities ("OGPFs") located in the Agricultural Zone District. By this Pre-Hearing Statement, Bonanza Creek Energy, Inc. ("BCEI") wishes to express our concerns relative to requiring USRs for all OGPFs located in the Agriculturel Zoning District as described herein. It is important to note that BCEI employs 282 full-time employees of which at least 112 are residents of Weld County. BCEI operates +/- 600 oil & gas wells ("Wells") and +/- 215 OGPfs within Weld County and has capital development plans to drill, despite the current commodity price crisis, approximately 50 Wells in both 2016 and 2017. In addition to being a valuable employer and operator within the Weld County community, BCEI is a significant tax revenue entity for Weld County and the State of Colorado with Ad Valorem and Severence Tax paid in 2014 of $24 million and $6 million respectively. BCEI, like most operators, endeavors to use existing OGPFs as much as possible and plans capital development with other key opereted and non-opereted infrestructure including oil, gas and water pipelines, central production facilities, large volume water tanks and ponds, etc., as best management prectices to minimize impacts to surface owners, Weld County residents and Weld County infrastructure. BCEI's 2016-17 development plans will utilize existing infrastructure and OGPFs to the maximum extent, however, some number of new OGPFs will be necessary to support BCEI's capital programs. BCEI believes that the proposed Code modification would place unnecessary burdens and risks on oil & gas operators as outlined below. USR Applicant. As currently written in the Code, the surface owner is the applicant for a USR. Under the current Code, BCEI (and other oil and gas operators) is not able to make an application for a USR for OGPFs without the support of the overlaying surFace owner. In the event a surface owner is not supportive of BCEI's right to make a reasonable use of the surface to access the mineral estate, BCEI would be unreasonably burdened and perhaps denied access to the surface owner's property and consequently its mineral leasehold property. Short of outright denial to participate in the USR process, surface owners may become fatigued with this new requirement that will add a fair amount of time burden to surface owners for items such as application review, processing time through Weld County Staff and public hearings which will, upon approval, result in either a Recorded Exemption or Subdivision Exemption recorded upon their title. It is important to note that BCEI is not aware of any of its current surface owners asking for this Code modification. BCEI is concerned that this Code modification will add costly additional planning and permitting requirements to its operations within Weld County and may result in some number of Wells and/or OGPFs being either cancelled or significantly delayed. Regulatory Uncertainri. Currently, BCEI enters into a Surface Use Agreement ("SUA") with the surface owner and is required to obtain State regulatory permission, via the Colorado Oil & Gas Conservation Commission Form 2 and Form 2A, prior to commencement of Well and OGPF operations. The process for negotiating a SUA and preparing, submitting and receiving a Form 2/2A approval can take 3-6 months for routine locations and over 12 months for more complicated locations. The process of negotiating SUAs and obtaining a corresponding, but non-conflicting, COGCC permit is a complicated and time consuming task as it currently stands. BCEI is concerned that surface owners are becoming fatigued with the efforts and negotiations needed to keep contracts aligned with the State regulatory permit process. By introducing another regulatory permit, BCEI is concerned that the SUA negotiations and regulatory permits will be difficult to keep consistent in form and cycle time and may in fact result in conflicts within the Conditions of Approval between the State and County permits. Though we understand Weld County remains frustrated with certain elements of the current State regulatory environment, we are concerned that this proposed change from Use by Right to Use by Special Review for all OGPFs, regardless of size and location, would vastly overburden both oil and gas operators and the Weld County Staff. Adding another layer of regulatory permitting would increase uncertainty to operetors already operating in an uncertain environment and would likely result in unintended consequences including some level of lost oil and gas activity within Weld County. Based on the foregoing, BCEI respectfully requests that the Board schedule a stakeholder meeting to discuss the many factors that will result from the proposed USR process and the progressive notion that alternative processes may be utilized to achieve the ultimate goal of the Board. I look forward to the opportunity to further express our concerns and answer your questions relative to this matter during the public hearings. Respectfully submitted, � Curt Moore Senior Vice President, Land cr. COGA 2 � \��o�i�l�rati�� eu Co p RECEIVED exHieir VIAELECTRONICD7,47L >�-� � a � a Weld County Board of County Commissioners WELD COUNTu O o28/�-,?/o Attn: TomParko — PlanningDirectar COMMISSIONERS - 1 ] 50 O Street P.O. Box 758 Greeley, CO S0632 RE: Ordinance 2015-26 — Proposed Use by Special Review Code Modification — Oil and Gas Production Facilitdes Commission Chair Kirkmeyer and Commissioners Conway, Cozad, Freemen and Moreno: Anadazko Petroleum Corporation ("APC") values the continued collaboration and communication with the Board of County Commissioners and staff and appreciates the opportunity to provide feedback and comment to proposed Ordinance 2015-26. As you are aware Anadarko employs �1 ,500 Coloradans; ofthose 552 work in our Weld County field offices and plants and �400 are residents of Weld County. APC is proud of its partnership with the County and looks forward to ongoing and productive discussions related to Ordinance 2015-26. Anadarko has significant concems with Ordinance 2015-26 and its implications on APC operations in the County. As presented Chapter 23 of the Weld County Code ("Code") will be amended to designate Oil and Gas Facilities ("OGF") as a Use by Special Review ("USR") in the Agriculture Zone. While we recognize the County's authority to implement this change the effect of the code amendment on oil and gas operations as well as surface owners will cause significant delay and create an environment of regulatory uncertainty for operators in Weld County. APC values open communication and takes great pride in its surface owner relations. To that affect the impact to surface owners affected by this change may introduce additional conflicts in what may be already difficult negotiations. Because the surface owner is the applicant under the current code the operator has little to no input on the i7SR timing or process and it puts the surFace owner in a regulatory process that they may have no incentive to enter into. In addition to a USR the county will also be requesting either a Recorded Exemption or Subdivision Exemption on a surface owner whereby creating an encumbrance on the surface owner's property. The additional regulation affects operators but also creates an unintended and likely unwanted burden to a surface owner and its property. APC also has significant concems over the impact of the code change on timing. Since 2013 APC has submitted seven (7) USRs and two (2) minor amendments the average processing time between submittal and recording the plat was 9 months. Historically, although limited, APC permits for OGFs requiring a Use by Special Review have taken on average six (6) months. These land use permits require detailed site plans and application materials that would add additional cost and resources to an already complex and comprehensive regulatory process. . � � �� Because APC begins planning an area over rivo years before permitting any wells in that designated area any additional time added to an already lengthy process would have significant impacts on drilling and completio�s activities in an already stressed commodity environme�t. APC recognizes the County's frustration with the rules proposed by the Colorado Oil and Gas Conservation Commission and wants to reiterate its commitment to working with the state to develop new rules that protect property rights and aide in the responsible development of Coloradds valuable energy resources. Although it is APCs position that this drastic regulatory scheme is not necessary to achieve the County' s objectives for land use oversight; should the Board vote to progress Ord 2015-26 Anadarko respectfully requests the Board schedule stakeholder meetings to discuss possible alternatives that would achieve the Board' s goals while keeping the county ope� for developme�t. APC looks forward to conti�uing the dialog as this process continues to evolve and appreciate your consideration and collaboration. Regards, Kim M. Cooke Municipal Planning Supervisor cc: Susa� Aldridge Chantell Taylor 2 Esther Gesick From: Tom Parko Jr. Sent: Friday, December 11 , 2015 12:03 PM To: Esther Gesick Cc: Bruce Barker Subject: FW: Anadarko Prehearing Letter Attachments: Weld Counry BOCC Proposed Code Change 12. 14. 15.pdf For the hearing on Monday. Tom Parko, M.A. Director of Planning Services Weld County Dept. of Pianning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-353-6100, ext 3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic trensmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. -----Original Message----- From: Mendoza-Cooke, Kimberly [mailto:Kimberly.Mendoza-Cooke@anadarko.com] Sent: Friday, December 11, 2015 11 :58 AM To: Tom Parko Jr. <tparko@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Aldridge, Susan <Susan.Aldridge@anadarko.com>; Taylor, Chantell <Chantel I.Taylor@a nada rko.com> Subject: Anadarko Prehearing Letter Tom, Attached please fiind A�adarko's prehearing letter. We respectfully request you include it in the board packet for Monday's hearing and reflect it in the record. If you have any questions or would like to discuss please do not hesitate to contact me. Thank you, Kim 1 EXHIBIT 18258raetlxay }7i.� noble � � Sui0e2200 l � ener $ Dema. Cdwado 80202 gy Td: 303220.A000 ' vnvw.no6leanar9Nnc.com December il, 2015 V[A EMAIL - ORIGINAL TO FOLLOW VIA OVERNIGHT MAIL Commissioner Barbara Kirkmeyer, Chair Commissioner Julie Cozad Commissioner Mike Freeman Commissioner Sean Conway Commissioner Steve Moreno Weld Counry Board of County Commissioners 1150 "O" Street Greeley, Colorado 80632 RE: Proposed Use 6y Specia! Review 2areing Code Madifecation - Oil and Gas Production Facifities Dear Commissioners, Noble Energy, lnc. ("Noble") submits this letter to the Weld County Board of County Commissionees ("Commission") to address the proposed modifications to the Weld County Zoning Code ("Code") requiring a Use by Special Review ["USR") permit for all well site and production facility locations in all Weld CountyAgricultural Zoned Districts. Noble supports the comments submitted by COGA and wants to work with the Commission in ihis process. We respectfully request that this Commission fully analyze the impacts that a broadly applied USR process could have on surface owners, the oil and gas industry, Weld County citizens, and the State of Colorado prior to implementing a USR permit process. We would strongly encourage the County to engage in a formal stakeholder process that will allow For a review of each of the issues raised by stakeholders at toda�s hearing. As you know, Noble is one of the largest producers of oil and gas in Weld County. We have more than 500 employees working out of the Greeley office, who operate more than 7,200 existing wells within Weld Counry. Looking forward, even in a reduced eommodity price environment, Noble continues to invest in new development in Weld County. In 2015, for example, Noble filed more than 40 location assessments for new and existing wells and production facilities in Weld County. Experience suggested that we could experience a 6- 12 month U3R process will create a substantial delay in new drilling construction and initial sales. The Commission's pro�osed Code change will result in hundreds of thousands of acres of agricultural surface lands being subject to a USR permitting process. Noble is very concerned about the impacts that the proposed full-scale USR process will have on operators and lar�downers. Our landawners are nghkly concerned about a number of issues related to the USR process. We work with hundreds of landowners and thousands of neighbors on both existing and planned development. As stated above, we are concerned that a universally applied USR process will impose new costs, time delays, and complicarions for Noble and our surface and mineral owner partners, without, in most cases, clear benefits. To this end, Noble wants to work with the Commission to address the praposed Code change and to help identify options for narrowing the scope of the proposal so that it can accamplish the Commission's objectives, withouk imposing unnecessary bardens on everyone involved. We also believe the Commission shou3d reach out to landowners to ensure that they can be part of a formal stakeholder process. Thank you in advance for your consideration of the items described in this letter and please do not hesitate to contact me if you have any questions or concerns. Sincerely, f��/ 1�� J. Erik Norris Counsel Noble Energy, [nc. I � � . i__ �� 1800 GLENARM PL. � �� SUITE 1100 OEN V ER, CO 802�2 C O L O R A D O vha�� ao3.eei.a�2 Q i L & G A S Fax }q;.Q61.0373 ASSOCIATION � � � tFiY'x�'.('CYG.A S7 PA� December 11 , 2015 b �HIBIT $ VIA EMAIL. - ORIGINAL TO FOL,LOW VIA OVCRNIGAT MAIL ' � � Commissioner Sean Conway Commissioner Julie Caaad Commissio�cr Mike Freeman Commissioner Barbara Kirkmeyer Commissioner Steve Moreno Weld County Board of C�unty Cummissioners 1150 O Street Greeley, Colorado 80632 RE: Ordinance 201 S-26: Proposed Use by Specia! Review Code Modifrcation - Oi! and Gas Production Facilities Dear Cummissioners, Please accept this letter as Colorado Oil & Gas Association's ("COGA") initial comments to Ordinance 2015-26 ("Ordinance") scheduled for first reading by the Weld County Board of County Commissioners (`'Commission") on Monday, December l4, 2015 . The Ordinance proposes to modify the Weld County Zonin� Code ("Zoning Code") to request a Use by 5pecial Review PeRnit ("USR") for all Oil and Gas Production Pacili4ies located on lands zoned in the Agricultural Zone District of Weld Gounty. Currently, Oil and Gas Production Facilities are a Use by Right in the Agricultural Zone District. COGA requesIIs that this Commission sincerely consider each of the items addressed in this letter as it proceeds with its analysis and deliberations as to whether the adoption of a full-scale USR process is in the best interests of the Coianry and its cit'izens. The imple_mentation of the proposed moditicaUons woulcl have far-rea�hing ef�ects on iadustiy's ability to de�elop oil and gas within Weld County's boundaries, despite seeming sim,ple as written. The perceived minor modifications to the language of the Weld County Code will (1 ) have far-reaching and known unintended consequences, (2) result in substant�al delays in ohtaining production of valuable hydrucarbons, and (3) impact surface owners, Weld Coumy Plannin� Staff and Planning Commission, this Commission, oil and gas operators, oil and gas service companies and — -- - i planning/permitting consultants, other industries, and, most importantly, the citizens of Weld County. COGA represents over 330 member companies, many of which have employees who live and work in Weld County. Among the 330 COGA member companies, many have oil and gas operations in Weld County whose development will be impacted by the institution of a USR process for Oil and Gas Production Facilities within the Agricultural Zone District. After discussion with COGA's members with Weld County oil and gas assets and current and future development plans, it is clear that the Ordinance causes our membets concerns about the ability to continue efficient development of oil and gas resources in Weld County. In general, COGA asserts that the changes contained in the proposed ordinance are overly broad and unwarranted. COGA developed a Weld County Working Group to review, analyze, discuss and provide input on the Ordinance. The remainder of this letter sets forth the initial points of concern for this Commission to consider as this USR permit consideration proceeds. First, it is important to note that hundreds of thousands of acres of surface lands will be affected by the proposed modification to the Zoning Code. This staggering amount of acreage in and of itself should provide this Commission with pause. The sheer amount of land involved would result in a voluminous amount of USR permits to be filed and cause an immediate undesired impact not only to Weld County staff and Planning Commission Staff, but also to surface owner applicants, citizens, and this Commission. Second, COGA strives to support regulatory certainty for its members who currently operate in an ever-changing and challenging world of stringent local, state and federal regulations. Cobrado already has an extraordinary regulatory burden owing to the aggressive ntlemaking posture of the COGCC and CDPHE. The addition of a USR process for each Oil and Gas Production Facility in the Agricultural Zone District could result in a local permit that substantially differs or operationally conflicts with an operator' s state permit and/or a private contract between an operator and a surface owner. Further, the USR permit process (assuming approval) could take several additional months to obtain from Weld County than a state drilling permit due to uncertainty around items including the sheer volume of the permits, the impact to the Planning Staff to review, analyze and recommend for approval or denial, the timing and outcomes of Planning Commission hearings, the timing and outcomes of this Commissiods hearings and the uncertainty of whether public comments will delay or impact a timely approval of a USR permit. Additionally, this increase in the volume of USR applications will impact the timing for approval for all USRs and land-use permits for other projects in the County. Third, the proposed Ordinance adds an additional layer of regulatory permitting that would result in many unintended consequences. Many ofthese unintended consequences are set forth below, however, COGA contends that one of the most detrimental unintended consequences is an immediate slowdown of oil and gas production within Weld County's boundaries. [t is important to note that from 2008 to 2014, more than 97% of the differential in annual oil production was attributable to Weld County. Colorado recorded nearly 29.9 million barrels of oil production in 2008, of which Weld 2 County recorded 17.8 million barrels. In 2014, Colorado recorded 95.2 million barrels of production, of which Weld County recorded 81 .4 million barrels. Colorado oil production, excluding Weld County, remained fairly flat over the decade. Weld County has continued to exhibit growth in monthly oil production despite the decrease in oil prices, while the rest of the state has collectively decreased monthty productioa [f this Ordinance is approved on the January 25, 2015 third reading, there will be an immediately foreseeable downtum in production due to the uncertainty which will, in tum, directly impact County tax revenues as the taxes tied to the delayed oil and gas production will dramatically decrease, will result in a loss ofjobs and potentially increase the unemployment rate and will also effect the oil and gas industry's general spending and capital investments in an unstable regulatory area. With this uncertainty comes delay, as there will be a delay of receiving USR permits on a consistent basis from Weld County. Currently, operators are experiencing anywhere from nine-month to rivelve- month cycle times for USR decisions under the current Weld County USR process, that does not include USR permits applied for within the Agricultural Zone District. The adoption of a full-scale USR process for all Oil and Gas Production Facilities within the Agricultural Zone District will result in a minimum of 300 USR permits in 2016 alone. After discussions with COGA's Weld County operator members it is anticipated that this number would increase in a more stable commodity environment. Weld County predicted numbers of at least 300 USR permits when this Ordinance was introduced. To go from almost 0 to 300 within one year of adoption of a USR permit requirement will have significant negative impacts on oil and gas production. Effectively, a potential nine- month to twelve-month delay in drilling and production could cause rigs to lay down faster than another significant drop in commodity prices. Fourth, COGA also has concerns about the USR process and its effect on surface owner applicant. COGA is unaware of any surface owner citizen or surface owner association or groups that have made specific requests for this change to the Zoning Code. To COGA's knowledge, the Ordinance was not prompted by complaints from surface owners or comments from surface owners that Weld County should exert more local control over their lands. In fact, COGA feels that surface owners believe the exact opposite because they are suf�'ering from regulatory fatigue and that they believe that they should be able to privatety contract with oil and gas operators for surface use agreements that will not be subject to another layer of regular;on on their valuable surface lands. Further, surface owners will be negatively impt�ctfl3 by the imposition of a USR and subdivision exemption, as both are encumbrances on such owner's private property rights. Fifth, COGA understands that the USR permit will not be the only additional approval necessary for development of an Oil and Gas Production Facility within the Agricultural Zone District. COGA and its operator members were informed on Friday, December 4, 2015 that each USR permit will also have to obtain a subdivision exemption for the specific Oil and Gas Production Facility under other provisions ofthe Zoning Code. This requirement represents a seconct process that all Oil and Gas Production Facilities will have to undertake prior to development. The USR permit and associated subdivision exception will encumber the property, therefore providing a title burden and encumbrance on the surface owner and also results in the potential inhibition on the 3 surface owner's future use of such encumbered property. This requirement dis- incentivizes surface owners from considering an operator's request to engage in the burdensome and onerous process of a surface owner application. Sixth, COGA respectfully requests that the following non-inclusive list of questions and/or concerns be taken into account, and respectfully addressed in a detailed oral or written response, by this Commission prior to instituting changes to the Weld County Code that would require surface owners to initiate and complete a USR process in all zoned areas of Weld County: A. USR Applicant Status, Standard of Review of USR Permit and Private Contracts: 1 . Will Weld County address the fact that only a surface owner can be an applicant under the current USR process? 2. Will Weld County provide an operator with the ability to become an applicant by a waiver from the surface owner if such surface owner does not want to be burdened by an additional regulatory process? 3 . Will Weld County provide an operator with a right to obtain a USR permit if the surface owner will not be the applicant, or allow an operator to be the designated agent of a surface owner applicant? 4. Will Weld County allow an operator a right to obtain a USR permit when, in the absence of a private contract, it uses the state bonding procedure to develop a site with an Oil and Gas Production Facility? 5. Will Weld County give credence to a negotiated surface use agreement and respect the contractual rights of both parties as they relate to oil and gas development? 6. What standard of review will Weld County utilize when reviewing and analyzing a USR permit? 7. W ill Weld County require a subdivision exemption for each USR permit in an Agricultural Zone District? 8. How will Weld County address the issue of potentially having two USR permits on one parcel of land? 9. What happens when Weld County encounters an approved USR permit for use by another industry when the operator applies for a USR permit for Oil and Gas Production Facilities? B. Modification of Definition of Oil and Gas Produclion Facility and Othv� Cut� Chanees: l . Will Weld County consider a change to the broad definition of Oil and Gas Production Facilities for the Agricultural Zone District, especially since an individual well would require a USR permit? 2. Will such change propose to exclude wells from the definition as applied in the USR permitting context and focus on the amount of Oil and Gas Production Facilities proposed? 3. Will Weld County reco�ize that certain Oil and Gas Production Facilities may not be the best candidates for a USR process ifthey are minor in size and scale and/or proposed outside of prime agricultural land? 4 4. Will Weld County do a full review of the current Weld County Zoning Code to ensure that any Use by Special Review is addressed and cross-referenced in other portions of the Code in order to provide clarity to surface owners, operators, and citizens? C . Existine Locations and p;;�nits and Effective Date: I . Will Weld County grandfather in existing Oil and Gas Production Facilities that were constructed and developed prior to the effective date of the Ordinance? 2. How will Weld County deal with such existing Oil and Gas Production Facility locations being immediately deemed a non-conforming use? 3 . Will Weld County grandfa[her in approved or pending state permit Fornt 2, Applications for permit to drill or Form 2A, Oil and Gas Locations? 4. Will Weld County grandfather in all existing building permits? 5. Will Weld County honor an operator's development plans for an Oil and Gas Production Facility that has been noticed as required by current state rules but [he Form 2, Application for Permit to Drill, or Form 2A, Oil and Gas Location Form, has not been filed with the state? 6. Will an operator be required to obtain a USR for existing Oil and Gas Production Facilities (ifgrandfathered) ifthe facility is expanded? 7. Will Weld County create an immediate effective date if a USR process is adopted, or be open to a future effective date (i.e. nine to twelve months from the date of adoption of the Zoning Code change)? D. Conflictine Local ur,d State Permits and Private Contract and ProoeRv Ri h�ts: L How will Weld County address conflicting conditions of approval between a local USR permit and a state drilling permit? 2. Will Weld County work with operators to address this conflict? 3 . Will Weld County discuss such potential conflict with the state agency? 4. Will Weld County respect and protect private contracts of Weld County residents as a paR ofthis process? 5. Will Weld County respect private property rights of mineral interest owners that have the ability to utilize the surface under current Colorado law? E. �,istics and Staf'fin� for USR Permit Review: 1 . Will Weld County have enough stati currently to review the voluminous amount ofanticipated influx of USR permits? 2. Will Weld County need to budget for additional Planning Staff to engage in such review? 3. Will Weld County properly train any new Planning Staff to ensure the knowledge base and expertise of oil and gas development carries through to the USR permit review? If so, what will this training entail? 4. Will Weld County need to obtain third-party expert consultants to review the USR permits? 5. Will Weld County address the impact of USR permit requirements on external sources as well (i.e. service companies, consultants, internal oil and gas company staffl? 5 6. Will the Planning Commission and this Commission hold additional weekly, bi-weekly, or monthly hearings to address the volume of USR permits? 7. R'ill non-oil & gas applications be impacted by the volume of oil & gas applications causing delays and uncertainty to other applications such as commercial, industrial, or residential development plans? 8. Will the Planning Commission and this Commission uphold a vote at any public hearing on a pending USR permit for Oil and Gas Production Facilities when there is increased public comment and scrutiny ofthe Board' s actions? F. Communication with Citizens and Economic Factors: L Will Weld County provide any outreach to surface owners for input on the Ordinance? If so, what does this entail? 2. Will Weld County discuss the effects of the Ordinance with its citizens and how a USR process will impact County and individual taxes, jobs, economics, property valuation, among other things? If so, how will each of these be impacted by this proposed USR process? 3 . Can W'eld County ensure that it will remain on of the top producing counties in Colorado as a result of the USR process? Weld is one of top five producing counties for oil accounting for nearly 86% of oil production in 2014. 4. Can Weld County ensure that it will be able to maintain jobs for its citizens as a result of the USR process? Weld is one ofthe top counties for employment forthe industry. in 2014 alone, Weld benefitted from 1Q327 oil and gas industry employees with over $737,300,000 in wages who lived, worked and spent their earnings within Weld County. G. Alternatives to USR Process: ] . Will Weld CounTy discuss or attempt to engage in altematives to the USR process? 2. W ill Weld County consider an expedited USR process for certain Oil and Gas Production Facilities? 3. Will Weld County provide any exceptions to the proposed full-scale USR process? Based on the foregoing, we reiterate that the perceived minor modifications to the language of the Weld County Code will ( l ) have far-reaching and known unintended consequences, (2) result in substantial delays in obtaining production of valuable hydrocarbons, and (3) impact surface owners, Weld County Planning Staff and Planning Commission, this Commission, oil and gas operators, oil and gas service companies and planning/permitting consultants, other industries, and, most impoRantly, the citizens of Weld County. [n order to continue to dialogue and discuss the impacts of the proposed USR process, COGA respectfully requests that this Board of County Commissioners hold formal stakeholder meetings after the December l4, 2015 hearing to address the above- referenced questions and concerns, the effects and unintended consequences that may result from the institution of a full-scale USR process for all Oil and Gas Production 6 Facilities in Weld County and possible alternatives to the full-scale USR process dependent upon the site location in Weld County. COGA sincerely thanks this Commission in advance for its consideration of the matters set forth in this letter and looks forward to working collaboratively to develop an efficient and effective means of consistent, open communication regarding the proposed USR process. If you have anv auestinns. nlease do not hesitate to contact me at any time at _.__� _i "" _ _ "" _ ""_' r 303-861 -0362 q dan.halev[�a co�a.or�. Sincerely, �� --Q� Dan Haley, President and CEO Colorado Oil & Gas Association cc: Jamie Jost — COGA Regulatory Counsel Tom Parko — Weld County Planning Director Bruce Bazker — Weld County Attorney � 7 i E�IT I DENNI3 J. HOSHIKO � 1811 38'� Avenue � Greeley, CO 80634 ��g" (970)330-8780 dhoshiko@yahoo.com September 20, 2016 Mr. Bruce Barker County Attorney 1150 0. St. Greeley, CO 80631 Mr. Tom Parko, lr. Planning Department Director 1555 N. 17�h Ave. Greeley, CO 80631 Re: Weld County Pipeline Regulation Recommendations Dear Bruce and Tom, Thank you for spending time with me last week. The purpose of this letter is to summarize our conversations about my recommendations to the Board of County Commissioners regarding Weld County pipeline regulations. First, both C.R.S. 24-65. 1-101, also known as the Areas and Activities of State Interest Act, and Section C.R.5. 29-20-101, also known as the Local Government Land Use Control Enabling Act, vest local governments with the authority and jurisdiction to regulate land use. Pipelines significantly and permanently affect land use because structures and certain forms of infrastructure are prohibited from being constructed over or near pipelines. Accordingly, 6ecause pipelines affect land use, Weld County has the authority and jurisdiction to regulate pipelines. Second, the Colorado Constitution mandates that the natural resources of the state be used and managed in ways that prevent them from being damaged or wasted . Land is a natural resource, and since Weld County is the su6division of state government vested with the authority and jurisdiction to regulate land use, Weld County is also responsible to regulate land use in ways that prevent land from being damaged or wasted. Third, since land can be damaged and wasted when a pipeline is constructed, Weld County should require that pipeline companies submit an application to Weld County for a permit to construct pipelines for Weld County's review and approval before pipelines are constructed. Mr. Bruce Barker and Mr. Tom Parko, Jr. September 20, 2016 Page 2 Forth, before Weld County issues a pipeline construction permit, pipeline companies should first provide evidence to Weld County that the pipeline company has entered into (an ) agreement(s) with the owner(s) of the land (sJ upon which the proposed pipeline is to be constructed, whereby said land owner(s) has/have granted the pipeline company (an) easement(s) for the pipeline company to construct the pipeline. In the absence of such (anJ agreement(s), the pipeline company should post collateral with Weld County that conforms to the provisions of C, R.5. 38-1-101.5 which requires a pipeline company who has not been granted (an) easement(s) from the owner(s) of the land (s) upon which the pipeline is to be constructed to post collateral that is "equal to double the omount of the estlmated cost of restoring the affected land to the same or as good a condition as it was in prior to the installation of the pipeline. " (actual statutory wordingJ Fifth, once said collateral has been posted by the pipeline company with Weld County, Weld County can then issue the pipeline company a pipeline construction permit and the pipeline company may begin constructing the pipeline. Subsequent to Weld County's issuance of a pipeline construction permit, if the pipeline company shows evidence to Weld County that the pipeline company has entered into (anJ agreement(s) with the owner(s) of land (s) the pipeline company did not have a pipeline easement agreement with which caused the pipeline company to post said collateral with Weld County, then said collateral may be released by Weld County back to the pipeline company. Sixth, if the pipeline company does not enter into an agreement for a pipeline easement with (all ofl the owner(s) of land (s) the pipeline is to be constructed upon, then C.R.5. 38-1-101.5 requires the pipeline company to appeal to the District Court for the condemnation of said easement(sJ 6efore the pipeline can be constructed upon such land (sj. In that/those event(s), the collateral that the pipeline company posted with Weld County to satisfy Weld County's pipeline construction permit requirements may be transferred by Weld County to the District Court in accordance with C. R.S 38-1-101.5. Finally, in order to avoid the unnecessary regulation of pipelines that have been approved by private contractual agreements (such as most oil and gas leases), these proposed Weld County pipeline construction permit requirements should onlv apply to any pipeline of any size or pressure rating for the conveyance of any substance that is constructed upon land (s) from which said substance(sJ do not originate. Thank you for your time and consideration. Respectfully, D�K;� J, �fo8�,� Dennis J . Hoshiko Cc: Weld County Board of County Commissioners .� EXHIBIT Esther Gesick � � From : Dennis Hoshiko <dhoshiko@yahoo . com > O�b �2oi5- 2L Sent: Thursday, September 29 , 2016 1 : 16 PM To : Sean Conway; Barbara Kirkmeyer; Steve Moreno ; Mike Freeman ; Julie Cozad Cc : Bruce Barker; Tom Parko Jr. ; Esther Gesick ; Hunter Hoshiko ; William F . Garcia Subject : Proposed Weld County pipeline regulations Attachments : Letter to Mr. Bruce Barker and Mr. Tom Parko , Jr. (09-20-2016 ) . docx ; Colorado Constitution (Article 2 ) & C . R . S . Title 38 (Artice 1 - Part 1 ) . docx Dear Weld County Commissioners , What I proposed in the attached letter I sent on September 20 will not interFere with the ability of pipeline companies to construct pipelines , or limit their right to appeal to the District Court for the condemnation of pipeline easements if they can 't be obtained from landowners voluntarily . If enacted , the only thing these proposed regulations will change in the process that currently exists is that a pipeline company who does not obtain a voluntary easement and threatens to petition the District Court to grant one through the eminent domain process would have to post collateral with Weld County that Colorado law already requires them to post with the District Court , before Weld County could issue them a pipeline construction permit . You see , if a pipeline company really intends to seek to obtain a court-ordered easement , state statute requires them to post collateral with the District Court that is double (2X) the amount it will cost to return the land affected by the construction of the pipeline to the same condition in which it existed before the pipeline was built anyway ( please see the attached constitutional and statutory sitings) . In such cases , at any time during the construction of the pipeline , if the company who threatened to seek a court-ordered easement obtains one voluntarily instead , then Weld County would simply release said collateral back to the company . If the company did not obtain an easement voluntarily and the condemnation process proceeded to District Court , then Weld County would simply transfer said collateral to the court . From my extensive , personal experience , I am confident that if enacted , my proposal will eliminate the threats and abuses that are , and have been occurring in Weld County for many years in a way that will not impede the right of pipeline companies to obtain easements through the eminent domain process if necessary , and at the same time , protect the rights of private property owners as well . Please let me know if you are willing to consider my suggestions , and if so , how and when . Respectfully yours , Dennis Hoshiko ( 970 ) 381 - 1161 i DENNIS J. HOSHIKO 1811 38`h Avenue Greeley, CO 80634 (970)330- 8780 dhoshiko@yahoo .com September 20, 2016 Mr. Bruce Barker County Attorney 1150 O . St . Greeley, CO 80631 Mr . Tom Parko, Jr . Planning Department Director 1555 N . 17th Ave . Greeley, CO 80631 Re : Weld County Pipeline Regulation Recommendations Dear Bruce and Tom , Thank you for spending time with me last week . The purpose of this letter is to summarize our conversations about my recommendations to the Board of County Commissioners regarding Weld County pipeline regulations . First, both C . R . S . 24-65 . 1- 101, also known as the Areas and Activities of State Interest Act, and Section C . R . S . 29- 20- 101, also known as the Local Government Land Use Control Enabling Act, vest local governments with the authority and jurisdiction to regulate land use . Pipelines significantly and permanently affect land use because structures and certain forms of infrastructure are prohibited from being constructed over or near pipelines . Accordingly, because pipelines affect land use, Weld County has the authority and jurisdiction to regulate pipelines . Second , the Colorado Constitution mandates that the natural resources of the state be used and managed in ways that prevent them from being damaged or wasted . Land is a natural resource, and since Weld County is the subdivision of state government vested with the authority and jurisdiction to regulate land use, Weld County is also responsible to regulate land use in ways that prevent land from being damaged or wasted . Third , since land can be damaged and wasted when a pipeline is constructed , Weld County should require that pipeline companies submit an application to Weld County for a permit to construct pipelines for Weld County' s review and approval before pipelines are constructed . Mr . Bruce Barker and Mr. Tom Parko, Jr. September 20, 2016 Page 2 Forth , before Weld County issues a pipeline construction permit, pipeline companies should first provide evidence to Weld County that the pipeline company has entered into ( an ) agreement ( s ) with the owner ( s ) of the land (s ) upon which the proposed pipeline is to be constructed , whereby said land owner( s ) has/have granted the pipeline company ( an ) easement ( s ) for the pipeline company to construct the pipeline . In the absence of such ( an ) agreement ( s ) , the pipeline company should post collateral with Weld County that conforms to the provisions of C . R . S . 38- 1- 101 . 5 which requires a pipeline company who has not been granted ( an ) easement ( s ) from the owner ( s ) of the land ( s ) upon which the pipeline is to be constructed to post collateral that is "equal to double the amount of the estimated cost of restoring the affected land to the same or as good a condition as it was in prior to the installation of the pipeline. " ( actual statutory wording) Fifth , once said collateral has been posted by the pipeline company with Weld County, Weld County can then issue the pipeline company a pipeline construction permit and the pipeline company may begin constructing the pipeline . Subsequent to Weld County' s issuance of a pipeline construction permit, if the pipeline company shows evidence to Weld County that the pipeline company has entered into ( an ) agreement ( s ) with the owner( s ) of land ( s ) the pipeline company did not have a pipeline easement agreement with which caused the pipeline company to post said collateral with Weld County, then said collateral may be released by Weld County back to the pipeline company . Sixth , if the pipeline company does not enter into an agreement for a pipeline easement with ( all of) the owner ( s ) of ( and ( s ) the pipeline is to be constructed upon , then C . R . S . 38- 1- 101 . 5 requires the pipeline company to appeal to the District Court for the condemnation of said easement (s ) before the pipeline can be constructed upon such land ( s ) . In that/those event ( s ), the collateral that the pipeline company posted with Weld County to satisfy Weld County' s pipeline construction permit requirements may be transferred by Weld County to the District Court in accordance with C . R . S 38- 1- 101 . 5 . Finally, in order to avoid the unnecessary regulation of pipelines that have been approved by private contractual agreements ( such as most oil and gas leases ), these proposed Weld County pipeline construction permit requirements should only apply to any pipeline of any size or pressure rating for the conveyance of any substance that is constructed upon land ( s ) from which said substance ( s ) do not originate . Thank you for your time and consideration . Respectfully, �e�r�rs ll �os�i�o Dennis J . Hoshiko Cc : Weld County Board of County Commissioners Colorado Constitution ARTICLE 2 . Section 14. Taking private property for private use. Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and except for reservoirs, drains, flumes or ditches on or across the lands of others , for agricultural, mining, milling, domestic or sanitary purposes . Section 15. Taking property for public use - compensation, how ascertained. Private property shall not be taken or damaged, for public or private use, without just compensation . Such compensation shall be ascertained by a board of commissioners, of not less than three freeholders , or by a jury, when required by the owner of the property, in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested; and whenever an attempt is made to take private property for a use alleged to be public , the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public . Colorado Revised Statutes 2015 TITLE 38 PROPERTY - REAL AND PERSONAL EMINENT DOMAIN ARTICLE 1 Proceedings PART 1 PROCEEDINGS - REQUIREMENTS AND LIMITATIONS - DETERMINATION OF JUST COMPENSATION 38- 1 - 101 .5. Necessity of taking land for pipelines. ( 1 ) When a court is determining the necessity of taking private land or nonfederal public land for the installation of a pipeline, the court shall require the pipeline company : (a) To show that the particular land lies within a route which is the most direct route practicable ; (b) To post a bond with the court equal to double the amount which the court determines to be the estimated cost of restoring the affected land to the same or as good a condition as it was in prior to the installation of the pipeline ; except that the pipeline company may elect to deposit cash, negotiable bonds of the United States government or any political subdivision of this state, or negotiable certificates of deposit of any bank or other savings institution organized or transacting business in the United States equal to double such cost. Said bond shall not be released until the court is satisfied that the condemned land has been restored to the same or as good a condition as existed prior to the installation of the pipeline , and, if the affected land is productive agricultural land, that the soil which sustains the agricultural activity has been restored so as to provide for the continuation of such agricultural activity, and that any damages awarded by the court have been paid . If the condemned land is adjacent to or in proximity of the boundary of federal land of comparable use , such bond shall not be released until the company has restored the land to at least the same reclamation standards and meets such other standards and requirements for such federal land as required by the laws, rules , and regulations of the federal government. (c) To consider existing utility rights-of-way before any new routes are taken if the land to be condemned is adjacent to existing utility rights-of-way. (2) When land is condemned for a pipeline, the determination of the amount of compensation to be received by the landowner shall reflect consideration of the fact that the condemned land is to be restored as required in this section. EXHIBIT Esther Gesick h � From : Tom Parko Jr. ��`y�� Sent: Monday, October 31 , 2016 7 : 06 AM To : Commissioners Cc : Bruce Barker; Esther Gesick Subject: FW: Suggested Language for Oil & Gas Ordinance FYI . Communications froin Curt Moorc with Bonanza. Tom Parko, M. A . Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-400-3572 Mobile: 970-302-5333 , . t _ � � �,�, . .. � � x� � ,,, x c � � � T �' � 1 4�4 `v+ s' � :. g . � � .81..1. — . . , . � Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received this communication in error, please immediately notify sender by return e - mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . From : Curt Moore � mailto : CMoore@bonanzacrk . comJ Sent : Monday, October 31, 2016 7 : 03 AM To : Bruce Barker < bbarker@co . weld . co . us> Cc : Tom Parko Jr. <tparko@co . weld . co . us> Subject: RE : Suggested Language for Oil & Gas Ordinance Bruce and Tom, Quick note to thank both of you for all of your efforts and patience throughout this process . Very much appreciate your diligence working through this matter and I am pleased that we seem to have arrived at a solution that benefits both Weld and industry . i I have scheduling conflicts that prevent me from attending the second reading today but I am sending Melissa to voice support in the public segment — if you need to throw my name out there at any point describing the message above please do not hesitate to do so . I look forward to helping put the finishing touches on this leading up to 3 `d and final reading - let me know if there is anything further you need from me in the interim . Good luck today — Curt Curt Moore Senior Vice President - Land 720-225 -6664 Direct 303 -656- 1907 Cell �� O �i � ttZ � C � � � �C From : Bruce Barker [mailto : bbarker(a�co . weld . co . us] Sent: Saturday, October 29 , 2016 5 : 18 PM To : Doug Dennison Cc : Tom Parko Jr. ; ryan . antonio(c�,nblener�v . com ; Kimberlv . Mendoza-Cooken,anadarko . com ; Susan L . Fakharzadeh ; Craig Rasmuson; Curt Moore Subject : Re : Suggested Language for Oil & Gas Ordinance Thanks , Doug ! I received some suggested changes from Jamie Jost yesterday and some of these were covered there, but I will look at your suggestions and incorporate them, too . Thanks , again ! ! Sent from my iPhone On Oct 28 , 2016 , at 12 : 44 PM, Doug Dennison <ddennison(�a ,billbarrettcorp . com> wrote : z Bruce , On behalf of the operators participating in the oil and gas working group meeting, we would like to thank you, other county staff and the commissioners for the continued dialogue regarding the proposed ordinance . As follow up to yesterday ' s meeting, our suggestions for revised language for specific sections of the ordinance are provided below. 1 . New Definition of Oil and Gas Location — Sec . 23 - 1 -90 : 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 permit pursuant to Division 10 of the Code . * *Note : With this new definition, there should also be a change to 23 -2- 1010 . B . to recognize that one WOGLA permit may cover more than one OIL AND GAS LOCATION : B . A WOGLA Permit is required for the construction of new OIL AND GAS LOCATIONS after January 1 , 2017 in all zone districts . WOGLA Permit may contain more than one OIL AND GAS LOCATION in an individual permit submittal by an applicant. 2 . New Provision - Sec . 23 -2- 1020 . A. 8 . - Evidence of SUA At the time of filing the application for a WOGLA permit, the operator shall attest and affirm whether or not it has entered into a surface use agreement with the property owner. In the absence of such surface use agreement, applicant shall proceed with the WOGLA process and shall state in the WOGLA notice that it intends to enter onto the subject property to construct the OIL AND GAS LOCATION by utilizing its common law rights of ingress , egress and reasonable use, as codified at C . R. S . 34-60- 127 ( 1 )(c) . We look forward to continuing the discussions regarding the ordinance . If you have any questions regarding the language suggested above , please feel free to reach out to any of the industry members of the working group . 3 Have a good weekend . Thanks . Doug Dennison Environmental-Governmental Affairs Liaison 33105 WCR 33 Greeley, CO 80631 Direct : 970- 3 5 3 -0407x6015 Cell : 970-270-2853 Email : ddennison(a�,billbarrettcorp . com <image001 .jpg> 4 _ _ __�_�� ..�. EXNIBIT Esther Gesick � � From: Sean Conway �� Sent: Monday, November 21 , 2016 3:36 PM To: Susan L. Fakharzadeh Cc: Esther Gesick Subject: RE: Request from oil and gas workgroup Thanks for the email Susan — I have asked that it be made part of the record for next Monday's Third Reading. Sean Sean Conway Commissioner At-Large 1150 O St�eet, P. O. Box 758, Greeley, CO 80632 970-336-7204 sconwavCa�co. we/d co. us � ,K,�� ,,�� . ;t _ , ,; . � y4 dC. Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Susan L. Fakharzadeh [mailto :5usan . Fakharzadeh@pdce.com] Sent: Monday, November 21, 2016 2 :08 PM To: Bruce Barker <bbarker@co.weld.co. us>; Tom Parko Jr. <tparko@co.weld .co.us>; Michelle Martin <mmartin@co.weld.co .us>; Troy Swain <tswain@co.weld.co. us>; Julie Cozad <jcozad@co.weld.co. us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co. us>; Mike Freeman <mfreeman@co.weld.co. us>; Steve Moreno <smoreno@co.weld.co. us>; Sean Conway <sconway@co.weld.co. us> Cc: Craig Rasmuson <crasmuson@syrginfo.com>; Curt Moore <CMoore@bonanzacrk.com>; Kimberly Mendoza Cooke <Kimberly.Mendoza-Cooke@anadarko.com>; Doug Dennison <ddennison@billbarrettcorp.com>; Ryan Antonio <Ryan .Antonio @ nblenergy.com> Subject: Request from oil and gas workgroup Board of County Commissioners and Weld County Staff: On behalf of the oil and gas workgroup, I write today with a request to continue Monday's third reading of the Weld County Code Change. The workgroup along with other operators met for 90 minutes today reviewing and discussing the most recent draft as distributed last week. We are encouraged on the whole with the substantial progress that has been made in our recent workgroup meetings; however, there remain a number of unresolved technical issues and inconsistencies that we would appreciate the opportunity to work through prior to 3r° reading. These issues include: - Effective date (submittal/deemed completion of Form 2A to the COGCC) - Inconsistency in notification boundaries between state and county standards - Final wording of provision relating to surface owner determination of oil and gas locations 1 With the upcoming holiday, many companies are facing challenges regarding access to internal teams that are necessary to inform our position heading into a 3r° reading. While we are requesting this brief delay, please be assured that we are committed to completing this process before the Christmas holiday. All parties are committed to coming up with the best result; this request for continuance would greatly contribute to our ability to reach that outcome. Thank you for your consideration ! Susan Fakharzadeh Community Relations Manager PDC Energy, Inc. 1775 Sherman Street, #3000 Denver, Colorado 80203 susan.fakharzadeh (a� pdce com Direct Line: 303-831-3977 Mobile : 720-220-6610 www.pdce.com NASDAQ: PDCE �1� E�,ERGY This email, induding a[tachments, may indude confidential and/or proprietary information, and may be used only by the person or entity [o which it is addressed. Please do not read, copV or disseminate [his communication unless you are the intended addressee. If you received [his communication in error, please permanently delete and call (800) 624-3821 immediately and ask to speak [o the sender of this communication. Also, please notify immediately via e-mail that you have received Ihis message in error. 2 Hello