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WELD COUNTY
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CODE ORDINANCE 2015 - 1
a- IN THE MATTE
R 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and hereby are , repealed and re-enacted , with amendments , and the various Chapters are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 :
MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES : Public Utilities or
Public Agencies operating or constructing a mine , ELECTRIC TRANSMISSION LINES ,
domestic water storage facilities , POWER PLANTS , SUBSTATIONS of electrical utilities ,
wastewater treatment facilities , water treatment facilities , including extensions , expansions or
enlargements thereof; STORAGE AREAS of utilities providing electricity , water, and
wastewater , including extension , expansions
or enlargements thereof;
derivatives , including extensions , expans or enlargements thereof; road , Dark or other
privately owned .
PIPELINE : Any PIPELINE and appurtenant facilities designed for, or capable of,
transporting natural gas or other petroleum derivatives ten ( 10 ) inches in diameter or larger
which and creates a hoop stress of twenty percent (20 % ) or more at their specified minimum
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yield strength . , •
•
Amend Sec . 23 -2 -370 . Application requirements .
An adequate number of copies of the application for a Special Review Permit shall be submitted
by the applicant to the Department of Planning Services . An application for a Special Review
Permit shall contain the following information in such form as prescribed by the Department of
Planning Services :
A through D . 13 . — No change .
14 . Additional information required for TRANSMISSION LINES and oil and gas
PIPELINES:
Remainder of section — No change .
Amend Sec . 23 -2-390 . Drawing requirements for utility line plan maps .
A . The general drawing requirements for Utility Line Plan Maps for electric TRANSMISSION
LINES and oil and gas PIPELINES are as follows :
1 . A utility line plan map shall be submitted in two ( 2 ) stages :
Remainder of section — No change .
Add Division 6 in its entirety :
DIVISION 6
Use by Special Review Permits for PIPELINES
Sec . 23-2-440 . Applicability.
A . Uses by Special Review are USES which have been determined to be more intense or to
have a potentially greater impact than the Uses Allowed by Right in a particular zone
district . Therefore , Uses by Special Review require additional consideration to ensure
that they are established and operated in a manner that is compatible with existing and
planned land USES in the NEIGHBORHOOD . The additional consideration or regulation
of Uses by Special Review, and the application to a Use by Special Review of
Performance , Design and Operations Standards listed both herein and for applicable
USES from any zone district , are designed to protect and promote the health , safety ,
convenience and general welfare of the present and future residents of the COUNTY .
B . The Board of County Commissioners may approve the establishment of a Use by Special
Review for PIPELINES by granting a Use by Special Review Permit . All requests for Use
by Special Review Permit shall be reviewed by the Planning Commission . The Planning
Commission ' s recommendation shall be forwarded to , and considered by , the Board of
County Commissioners .
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C . Any person filing an application for a Use by Special Review Permit shall comply with the
COUNTY procedures and regulations as set forth herein . Any expansion or enlargement
of a Use by Special Review shall be treated as a new USE and shall require a new
application under the provisions of this Division .
D . Ordinary repairs and maintenance located within easements or rights of way of
PIPELINES approved pursuant to these regulations shall not be treated as a new USE .
Ordinary repairs and maintenance may be performed upon STRUCTURES associated
with a Use by Special Review so long as such repairs and maintenance do not have the
effect of expanding or enlarging the USE .
E . Applications for Use by Special Review Permits shall be completed as set forth in Section
23-2 -500 . The complete application and application fees shall be submitted to the
Department of Planning Services .
F . The applicant shall submit one ( 1 ) paper or electronic copy of the map for preliminary
approval to the Department of Planning Services . Upon approval of the paper copy , the
applicant shall submit a Mylar map , along with all other documentation required as
Conditions of Approval . The Mylar map shall be recorded in the office of the County Clerk
and Recorder by the Department of Planning Services . The map shall be prepared in
accordance with the requirements of Subsection 23-2-520 of this Article . The Mylar map
and additional requirements shall be recorded within one hundred twenty ( 120 ) days from
the date of the Board of County Commissioners Resolution . The applicant shall be
responsible for paying the recording fee . If a Use by Special Review ( USR ) map has not
been recorded within one hundred twenty ( 120) days from the date of the Board of County
Commissioners Resolution , or within a date specified by the Board of County
Commissioners , the Board may require the landowner/applicant to appear before it and
present evidence substantiating that the Use by Special Review ( USR ) has not been
abandoned and that the applicant possesses the willingness and ability to record the Use
by Special Review ( USR ) map . The Board of County Commissioners may extend the
date for recording the map . If the Board determines that conditions supporting the
original approval of the Use by Special Review (USR ) map cannot be met , the Board may ,
after a public hearing , revoke the Use by Special Review ( USR) .
Sec . 23 -2-450. Relationship of regulations to other requirements .
I
N
Nothing in this Division shall be construed as exempting an applicant from any state or federal
laws or regulations .
Sec . 23 -2-460 . Prohibition of site selection and -construction without permit.
No person may locate or construct a PIPELINE in the County without first obtaining a Use by
Special Review Permit pursuant to these regulations and no Building Permit for a PIPELINE shall
be approved without the applicant first obtaining approval of a Use by Special Review Permit
pursuant to these regulations .
Sec . 23 -2-470. Duties of Department of Planninc Services .
A . Any person wanting to apply for a Use by Special Review shall arrange for a
preapplication conference with the Department of Planning Services . The Department of
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Planning Services shall be responsible for processing all applications for a PIPELINE in
the unincorporated area of the County . The Department shall also have th
e e responsibility
of ensuring that all application submittal requirements are met prior to initiating any official
action as listed below .
B . Upon determination that a submitted application is complete , the staff of the Department
of Planning Services shall :
1 . Refer the application to the following agencies , when applicable , for review and
comment . The agencies named shall respond within twenty-eight (28) days after the
mailing of the application by the COUNTY . The failure of any agency to respond
within twenty-eight (28 ) days may be deemed to be a favorable response to the
Planning Commission . The reviews and comments solicited by the COUNTY are
intended to provide the COUNTY with information about the proposed Use by Special
Review. The Planning Commission and Board of County Commissioners may
consider all such reviews and comments and may solicit additional information if such
information is deemed necessary . The reviews and comments submitted by a
referral agency are recommendations to the COUNTY . The authority for making the
decision to approve or deny the request for a Use by Special Review Permit rests with
the Board of County Commissioners .
a . The planning commission of any town or county whose boundaries are within three
(3 ) miles of the proposed site or if the proposed site is located within any town 's
comprehensive planning area .
b . Department of Public Health and Environment .
c . Department of Public Works .
d . Colorado Geological Survey .
e . Colorado Department of Transportation .
f. U . S . Forest Service .
g . Any irrigation ditch company with facilities within the Right-of-Way or crossed by
the pipeline under consideration .
h . Utility companies with underground lines which might be affected by the
DEVELOPMENT .
i . Special service districts which may provide service to the DEVELOPMENT.
j . State Engineer, Division of Water Resources .
k . Natural Resource Conservation Service .
I . Any other agencies or individuals whose review the Department of Planning
Services deems necessary .
2 . Prepare staff comments for use by the Planning Commission addressing all aspects of
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the application , its conformance with Chapter 22 of this Code and any other applicable
code provision or ordinance in effect , adopted master plans of affected municipalities ,
sound land use planning practices , comments received from agencies to which the
proposal was referred and standards contained in this Chapter.
3 . Set a Planning Commission hearing date . The Board of County Commissioners
public hearing may also be set and be given legal notice and posting , concurrent with
setting of the Planning Commission hearing date and in accordance with Section
23-2-470 . 6 . 5 or Section 23-2-470 . B . 6 .
4 . An applicant may conduct a Neighborhood Meeting with area landowners . Such
meeting is not required , but may be suggested by the Planning Services staff to
encourage communication between a land use applicant and the neighbors .
5 . For pipeline projects one ( 1 ) mile or less , notice of application shall be given for
surface property owners for five hundred (500) feet on either side of the centerline of
the proposed preferred alignment , and to interest holders (excluding mineral interests )
in any real property proposed to be physically disturbed or crossed by the activity or
development which is the subject of the application . Such notification shall be mailed ,
first-class , no less than ten ( 10) days before the scheduled public hearing . Such
notice is not required by state statute and is provided as a courtesy to surrounding
property owners (the surface estate) . Inadvertent errors by the applicant in supplying
such list , or the Department of Planning Services in sending such notice , shall not
create a jurisdictional defect in the hearing process even if such error results in the
failure of a surrounding property owner to receive such notification .
6 . Applicants for a PIPELINE which is more than one (1 ) mile in length shall advertise the
hearing at least once in the newspaper designated by the Board of County
Commissioners for publication of notices a minimum of ten ( 10) days prior to the
Planning Commission hearing date . The advertisement shall contain a map
displaying the proposed route , along with both the Planning Commission and the
Board of County Commissioners hearing dates , a description of the hearing , time , date
and location .
7 . Prepare staff comments and recommendations for presentation at the Board of
County Commissioners hearing , addressing all aspects of the application , its
conformance with this Chapter and Chapter 22 of this Code and comments received
from referral agencies .
Sec . 23-2-480. Duties of Planning Commission .
A . The Planning Commission shall hold a hearing to consider the application for the Use by
Special Review Permit . The Planning Commission shall provide recommendations to the
Board of County Commissioners concerning the disposition of the requested Use by
Special Review Permit . The Planning Commission shall approve the request for the Use
by Special Review Permit only if it finds that the applicant has met the standards or
conditions of Section 23-2 -480 of this Division and Chapter 22 of the Weld County Code .
The applicant has the burden of proof to show that the standards and conditions of Section
23-2-480 of this Division and Chapter 22 of the Weld County Code are met . The
applicant shall demonstrate :
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1 _ All reasonable efforts have been made to avoid irrigated cropland or to minimize the
negative impacts on agricultural USES and lands .
2 . The PIPELINE will not have an undue adverse effect on existing and future
development of the surrounding area , as set forth in applicable MASTER PLANS .
3 . The design of the proposed PIPELINE mitigates negative impacts on the surrounding
area to the greatest extent feasible .
4 . The site shall be maintained in such a manner so as to control soil erosion , dust and
the growth of NOXIOUS WEEDS .
5 . The applicant has agreed to implement any reasonable measures deemed necessary
by the Board of County Commissioners to ensure that the health , safety and welfare of
the inhabitants of the COUNTY will be protected , and to mitigate or minimize any
potential adverse impacts from the proposed PIPELINE .
6 . All reasonable alternatives to the proposal have been adequately assessed , and the
proposed action is consistent with the best interests of the people of the COUNTY and
represents a balanced use of resources in the affected area .
7 . The nature and location or expansion of the PIPELINE will not unreasonably interfere
with any significant wildlife habitat and will not unreasonably affect any endangered
wildlife species , unique natural resource , known historic landmark or archaeological
site within the affected area .
8 . No adverse impact , from stormwater runoff, to the public rights of way and/or
surrounding properties as a result of the PIPELINE .
• 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 -2-490 . Duties of Board of County Commissioners.
The Use by Special Review Permit duties of the Board of County Commissioners for a
PIPELINE are limited according to the provisions of Section 30-28- 110 , C . R . S . , and the Home
Rule Charter.
Sec . 23-2-500. Application for Use by Special Review Permit.
Any person seeking to locate and construct a PIPELINE in the County shall apply for a Use by
Special Review Permit on the forms provided by the Department of Planning Services . The
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application forms shall be accompanied by the supporting documents required by these
regulations .
Sec . 23-2-510. Application requirements .
An adequate number of copies of the application for a Use by Special Review Permit shall be
submitted by the applicant to the Department of Planning Services . An application for a Use by
Special Review Permit shall contain the following information in such form as prescribed by the
Department of Planning Services :
A . The applicant' s name and telephone number.
B . Address of the applicant and general OFFICE .
C . Summary statement of the project , to include when applicable :
1 . Source , capacity , size , destination and type of facilities , support STRUCTURES , lines ,
etc . , involved .
2 . A detailed report shall be submitted which includes information on the following items :
a . A description of the PIPELINE .
b . A description of the preferred route or site and reasons for its selection .
c . Procedures to be employed in mitigating any adverse impacts of the proposed
routes or sites .
d . An outline of the planned construction and operation, including startup and
commissioning schedule , to include the number of stages and timing of each .
e . Information of any public meeting conducted , to include the location , date , time ,
attendance and method of advertising .
f. A description of the hazards , if any , of fire , explosion and other dangers to the
health , safety and welfare of employees and the general PUBLIC .
g . A description of emergency procedures to be followed in case of a reported failure
or accident involving the proposed PIPELINE . Such outline shall include actions ,
if any , required of PUBLIC officials , including fire and police officials , and the
names and telephone numbers of appropriate company officials to notify if an
accident or failure should occur.
h . A description of the method or procedures to be employed to avoid or minimize the
impacts on irrigated agricultural land .
i . A discussion of how the proposal conforms with the guidelines of Chapter 22 of this
Code and any other applicable code provision or ordinance in effect .
I . A Decommissioning Plan .
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k . A description of any haul routes during construction , identifying the roads and
bridges involved and the weight of the loads .
I . Any other information determined to be necessary by the Department of Planning
Services or its authorized representative to ensure the protection of the health ,
safety and welfare of the inhabitants of the COUNTY .
Sec . 23 -2-520. Drawing requirements for PIPELINE maps .
A . The general drawing requirements for PIPELINES are as follows :
1 . Be submitted on a sheet twenty-four (24 ) inches by thirty-six (36 ) inches in size .
2 . Be drafted in black drawing ink on Mylar or other drafting media approved by the
Director of Planning Services .
3 . Include a vicinity map at a suitable scale ( 1 " = 2000' minimum or as approved by the
Department of Planning Services) which displays the location of the route within the
County and its relationship to towns , major water features and major transportation
features .
4 . Include a detailed route map showing the approved route through the County . The
approved route shall be displayed on a 1 : 24 , 000 scale U . S . G . S . topographic
quadrangle , or other approved topographic study that may be more accurate . The map
shall display the centerline of the approved route and all of the features depicted on
the U . S . G . S . topographic quadrangle within one ( 1 ) mile on each side of the approved
route . The base map shall be updated to include any significant new man-made
features within one half (0 . 5 ) mile on each side of the approved route .
5 . Development standards .
6 . The Use by Special Review Permit Plan Map shall include certificates for the
PIPELINE owner' s signature , Planning Commission , and the Board of County
Commissioners and the Clerk to the Board . The required content of the certificates is
available from the Department of Planning Services .
7 . Title , scale and north arrow.
8 . For each parcel that the pipeline crosses include : ( 1 ) Property owner name ; (2 )
Parcel Number; (3 ) Quarter Section and Section , Township and Range ; and (4)
Reception Number for the Easement/Rights-of-Way .
Sec . 23 -2-530. Standards .
The Board of County Commissioners may approve an application for site selection and
construction or expansion of a PIPELINE only if all applicable requirements of this Division are
met , and the a oplicant has shown that the application is consistent with Chapter 22 of the Weld
County Code and the following standards :
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A . All reasonable efforts have been made to avoid irrigated cropland or to minimize the
negative impacts on agricultural USES and lands .
B . The PIPELINE will not have an undue adverse effect on existing and future development
of the surrounding area as set forth in applicable MASTER PLANS .
C . The design of the proposed PIPELINE mitigates negative impacts on the surrounding area
to the greatest extent feasible .
D . The site shall be maintained in such a manner so as to control soil erosion , dust and the
growth of NOXIOUS WEEDS .
E . The applicant has agreed to implement any reasonable measures deemed necessary by
the Board of County Commissioners to ensure that the health , safety and welfare of the
inhabitants of the COUNTY will be protected , and to mitigate or minimize any potential
adverse impacts from the proposed PIPELINE .
F . All reasonable alternatives to the proposal have been adequately assessed , and the
proposed action is consistent with the best interests of the people of the COUNTY and
represents a balanced use of resources in the affected area .
G . The nature and location or expansion of the PIPELINE will not unreasonably interfere with
any significant wildlife habitat and will not unreasonably affect any endangered wildlife
species , unique natural resource , known historic landmark or archaeological site within
the affected area .
H . No adverse impact , from stormwater runoff, to the public rights-of-way and/or surrounding
properties as a result of the PIPELINE .
Sec . 23-2-540 . Changes to Use by Special Review Permit.
Any approved Use by Special Review Permit for a PIPELINE shall be limited to the items
shown on the Use by Special Review Plan Map and governed by the DEVELOPMENT
STANDARDS . Major changes from the approved Use by Special Review Map or
DEVELOPMENT STANDARDS for the Use by Special Review Permit for a PIPELINE shall
require the approval of an amendment to the permit by the Planning Commission and approval bj
the Board of County Commissioners before such changes from the map or DEVELOPMENT
STANDARDS are permitted . The Department of Planning Services is responsible for
determining whether a major change exists . Any other changes shall be filed with the
Department of Planning Services with the approved Use by Special Review Permit .
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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 JJ — No change .
Add KK . PIPELINE .
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be , and hereby is ,
directed to arrange for Colorado Code Publishing 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
g g 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 .
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The above and foregoing Ordinance Number 2015- 1 was , on motion duly made and
seconded , adopted by the following vote on the 17th day of August , A . D . , 2015 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST :
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman , Pro-Tem
BY :
Deputy Clerk to the Board
Sean P . Conway
APPROVED AS TO FORM :
Julie A . Cozad
County Attorney
Steve Moreno
P ublication : December 24 , 2014
P ublication (2nd ) June 4 , 2015
First Reading : January 19 , 2015
Con 't to : March 23 , 2015
Con 't to :Con 't to :
May 27 , 2015
June 15 , 2015
Con 't to : July 6 , 2015
P ublication : July 15 , 2015 , in the Greeley Tribune
• Second Reading : July 27 , 2015
P ublication : August 5 , 2015 , in the Greeley Tribune
I
Final Reading : August 17 , 2015
■
Publication : August 26 , 2015 , in the Greeley Tribune
Effective : August 31 , 2015
I
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