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Home My WebLink About20162255.tiffWELD COUNTY CODE ORDINANCE 2015-27 (REVISED) IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 21 AREAS AND ACTIVITIES OF STATE INTEREST Amend Sec. 21-3-20. Definitions. In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific to the designation of site selection and construction of major facilities of a public utility shall be construed to have the meanings set forth as follows: Large Scale Solar Facility: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will have a rated capacity greater than thirty (30) megawatts . This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site. 4223039 Pages: 1 of 7 07/28/2016 02:44 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •111 M1'1G: IIV. L45i I,0 II II 1 PAGE 1 2016-2255 C.C F= /acc-r C G'r'r3 CF.G) C�I..C TP1ry 8/C)It �©t6 ORD2015-27 REVISED Power plant: Any electrical energy generating facility with a generating capacity of fifty (50) megawatts or more, and any facilities appurtenant thereto, or any expansion, extension or enlargement thereof increasing the existing design capacity by fifty (50) megawatts; or a large scale solar facility. Remainder of Section — No change. 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: Small Scale Solar Facility: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will be located on less than 20 acres. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site. Medium Scale Solar Facility: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on 20 acres or more. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site. Large Scale Solar Facility: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will have a rated capacity greater than thirty (30) megawatts. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site. Large Scale Solar Facilities are permitted in all zones through permits issued pursuant to the procedures found in Chapter 21 of this Code. POWER PLANT: Any electrical generating facility with an energy generation capacity less than fifty (50) megawatts, and any facilities appurtenant thereto, or any expansion, extension or enlargement thereof increasing the existing design capacity but still less than fifty (50) megawatts. 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 PAGE 2 4223039 Pages: 2 of 7 07/28/2016 02:44 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2016-2255 ORD2015-27 REVISED District except for one (1) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. through BB. — No change. Amend Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. through KK. — No change. LL. SMALL SCALE SOLAR FACILITY. MM. MEDIUM SCALE SOLAR FACILITY. Amend Sec. 23-3-310. I-1 (Industrial) Zone District. A. through B.14. — No change. B.15. SMALL SCALE SOLAR FACILITY. C. through D.10. — No change. D.11. MEDIUM SCALE SOLAR FACILITY. Remainder of Section — No change. Amend Sec. 23-3-320. 1-2 (Industrial) Zone District. A. through D.17. — No change. D.18. MEDIUM SCALE SOLAR FACILITY. Remainder of Section — No change. Amend Sec. 23-3-330. 1-3 (Industrial) Zone District. A. through D.19. — No change. D.20. MEDIUM SCALE SOLAR FACILITY. Remainder of Section — No change. Add Section 23-4-1030 Division 15 in its entirety: Division 15 Section 23-4-1030. Solar Facility A. The Planning Commission and Board of County Commissioners shall consider the following criteria in making their determination in approving or denying a Special Review Permit for a Solar Facility in addition to those criteria enumerated in Chapter 23, Article II, Division 4 and its impact on prime agricultural land which is defined as soils with PAGE 3 4223039 Pages: 3 of 7 07/28/2016 02:44 PM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County, CO 11111 2016-2255 ORD2015-27 REVISED agricultural capability classifications of I, II and III as indicated on maps completed by the U. S. D.A. Natural Resource Service. B. A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan. C. Landscaping is extremely important for enhancing the quality of development in the area. Trees, shrubs and other plantings add greatly to the aesthetic appeal while reducing glare. As no single landscaping plan can be prescribed for all developments due to differing land features, topography and soils, these guidelines encourage flexible and creative landscape designs. Landscaping/screening shall include, at a minimum, decorative fencing, berming, and/or vegetation such that the facility is aesthetically pleasing as viewed from adjacent properties and rights -of -way. D. All reasonable alternatives to the proposed location have been adequately assessed, and the proposed action is consistent with the best interests of the people of the County and represents a balanced use of resources in the affected area. E. The nature and location or expansion of the facility will not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. F. No outdoor storage of any materials and equipment including, but not limited to, solar panels and support structures not in operation will be allowed. G. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the boundary of ADJACENT properties, irrigation ditches and/or rights -of -way. The Board of County Commissioners may set a greater distance than mentioned above when, in its opinion, it is justified. H. A Property Maintenance Plan is required for the facility. The Property Maintenance Plan shall address dust, weeds and erosion. The property shall be maintained in such a manner as to control dust, weeds and drainage that could cause erosion. Amend Sec. 23-12-30. Drainage policy. A. through E. — No change. F. Exceptions. 1. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare of public and private property. Exceptions shall be supported with an approved drainage narrative which must describe, at a minimum: • List which exception shown below is being requested for consideration. • Where the water originates if it flows onto the property from an offsite source. • Where it flows as it leaves the property. • The direction of flow across the property. • If there have been previous drainage problems with the property. PAGE 4 4223039 Pages: 4 of 7 07/28/2016 , Clerk and Re 02:44 PMFee:$0.0corder, 0d County, CO Carly II 2016-2255 ORD2015-27 REVISED Exceptions to the stormwater detention shall be limited to the following: a. No stormwater detention will be required for sites that meet any of the following conditions. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. 1) though 14) — No change. Add 15) Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operation (HCSFO) which are covered and approved by the Colorado Discharge Permit System (CDPS) regulations. Portions of the site not included or covered by the CDPS permit, shall comply with the Weld County Drainage Code requirements. 16) Approved by a variance. Amend Sec. 23-12-60. Street drainage for Use by Special Review, Commercial, Industrial, Planned Unit Development and Residential subdivisions. A. Design Depth Criteria. 1. The primary design objective is to keep the encroachment of stormwater on the street or road below an acceptable limit for a given flood return period. When stormwater collects on a street and flows down a gutter or swale, the stormwater encroaches into the roadway. If left unchecked, the encroachment will hinder traffic flow and may become hazardous. The maximum encroachment depth is outlined in the table below: Road Classification Design Storm Road Encroachment Minor Major Max Encroachment Design Storm Max Encroachment over crown Local 10 yr 6" 100 yr Collector 10 yr 6" 100 yr Arterial 10 yr 6" 100 yr 18" 18" 18" Remainder of Section — No change. Amend Sec. 23-12-70. Major drainage. A. Design Flows. 1. The major drainage system must be able to convey the fully developed flow from a watershed for the 1 -hour, 100 -year event without significant damage to the system. B. Open Channel Design Principles. 1. Grass -lined open channels conveying less than 50 cfs may reduce the minimum 1.0 -foot freeboard requirement to the freeboard required to convey 1.33 times the 100 -year design flow. The reduced freeboard may only occur if a 1.0 -foot minimum freeboard is not physically possible and a variance request is submitted. PAGE 5 4223039 Pages: 5 of 7 07/28/2016 02:44 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO 1111 lull II III 2016-2255 ORD2015-27 REVISED Remainder of Section — No change. Amend Sec. 23-12-80. Culverts in Public Right -of -Way. A. Sizing. 1. The Department of Public Works will be contacted to determine which types of storm sewer pipes are permissible for use in public rights -of -way or public drainage easements. 2. Culverts should be designed to the following maximum headwater to depth HW/D requirements. Delete Table. Add Table. Range of Diameter or Height or Rise, Inches Maximum HW/D Less than 36 inches 2.0 36 inches to 60 inches 1.7 Larger than 60 inches but less than 84 inches 1.5 84 inches to less than 120 inches 1.2 120 inches or larger 1.0 Remainder of Section — No change. Amend Sec. 23-12-150. Stormwater drainage criteria variances. The following variance procedures are intended to allow additional exceptions to the code explicitly listed in Section 23-12-30 provided certain requirements are met. Subsection A below is intended to be a lower cost option which allows anyone to apply for a variance with or without stamped engineering documentation. Subsection B below is intended to be used when more detailed analysis and engineering support is required. A. through C. — No change. Add D. Variances required for maintenance or projects tying into the County road network shall be approved by the County Engineer. 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 PAGE 6 4223039 Pages: 6 of 7 07/28/2016 02:44 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII !IL ti Pnri'lI�k��l�� 2016-2255 ORD2015-27 REVISED each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2015-27 REVISED was, on motion duly made and seconded, adopted by the following vote on the 18th day of July, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d vt), Weld County Clerk to the Board BY: puty Clerk to the Board APPRO)DT ORM: ounty Attorney Publication: March 30, First Reading: Con't to: Publication: Mike Freeman, Chair Co way, Pro -T Cozad Kirkmeyer teve Moreno May 2, 2016 May 23, 2016 June 1, 2016, in the Greeley Tribune Second Reading: June 20, 2016 Publication: June 29, 2016, in the Greeley Tribune Final Reading: July 18, 2016 Publication: July 27, 2016, in the Greeley Tribune Effective: August 1, 2016 4223039 Pages: 7 of 7 07/28/2016 02:44 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MIr1G,K'hiti II II PAGE 7 2016-2255 ORD2015-27 REVISED Hello