HomeMy WebLinkAbout151 - 04/04/2023 - AMENDING THE LAND USE CODE TO REGULATE OIL AND GAS FACILITIES AND PIPELINESORDINANCE NO.151,2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE TO REGULATE
OIL AND GAS FACILITIES AND PIPELINES
WHEREAS,on December 2,1997,by its adoption of Ordinance No.190,1997,
the City Council enacted the Fort Collins Land Use Code (the ‘Land Use Code”);and
WHEREAS,at the time of the adoption of the Land Use Code,it was the
understanding of staff and the City Council that the Land Use Code would most likely be
subject to future amendments,not only for the purpose of clarification and correction of
errors,but also for the purpose of ensuring that the Land Use Code remains a dynamic
document capable of responding to issues identified by staff,other land use professionals
and citizens of the City;and
WHEREAS,several active oil wells are located in the northern part of the City;and
WHEREAS,several active oil wells are located within the City’s Growth
Management Area in unincorporated Larimer County;and
WHEREAS,there is potential for additional oil gas activity within the City and
within the City’s Growth Management Area;and
WHEREAS,in 2019,the State of Colorado enacted Senate Bill 19-181 which,
among other things,expanded the City’s ability to regulate the location and siting of oil
and gas facilities and oil and gas locations and the surface impacts of oil and gas operations;
and
WHEREAS,the City and the Colorado Oil and Gas Conversation Commission
have co-equal,independent authority to regulate the location and siting and surface impact
of oil and gas activities;and
WHEREAS,the City’s oil and gas regulations regarding the location and siting and
surface impacts may be more protective or stricter than state requirements;and
WHEREAS,the Planning and Zoning Commission at its November 17,2022,
regular meeting recommended on a 6-1 vote that City Council adopt the proposed oil and
gas regulations with certain recommended changes;and
WHEREAS,between first and second reading,the oil and gas regulations were
revised to be consistent with the Land Use Code structure instead of the Land Development
Code which was repealed between first and second reading of this Ordinance;and
WHEREAS,City Council adopts these oil and gas regulations based upon the
information provided by City staff during first and second reading,at previous work
sessions regarding oil and gas issues,and City staff update memoranda;and the comments
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and information regarding oil and gas regulations provided by the public prior to and at
first and second reading;and
WHEREAS,the adoption as part of the Land Use Code of oil and gas regulations
that anticipate,avoid,minimize,and mitigate adverse impacts to existing,planned,and
future land uses is necessary to protect the public health,safety,and welfare,and the
environment and wildlife resources and is in the best interests of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations
and findings contained in the recitals set forth above.
Section 2.That Division 4.28 of the Land Use Code is hereby amended to read
as follows:
DIVISION 4.28 -Industrial District (I)
(B)PermUte ses.
(3)The following uses are permitted in the I District,subject to review by the
Planning and Zoning Commission:
(c)Industrial Uses:
1.Resource extraction,processes and sales establishments.
2.Junk yards.
3.Airpors and airstrips.
4.Dry-cleaning plants.
5.Transport terminals (truck terminals,public works yards.container
storage).
6.Farm implement and heavy equipment sales.
7.Oil and gas facilities.
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8.011 and gas pipelines.
(C)Prohibited Uses.All uses that are not (I)expressly allowed as permitted uses in
this Section or (2)determined to be permitted by the Director or the Planning and
Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited.In addition,
the following uses are specifically prohibited in the Industrial District:
(2)All establishments falling within Standard Industrial Classification
(SIC)Major Group No.29,Petroleum Refining and Related
Industries,as identified in the Standard Industrial Classification
Manual (0MB 1987).This prohibition shall not be interpreted to
include oil and gas facilities or pipelines as defined in this Code and
addressed in Division 3.12.
(6)All establishments falling within Standard Industrial Classification
(SIC)Major Group No.4925,Mixed,Manufactured,or Liquefied
Petroleum Gas Products and/or Distribution,as identified in the
Standard Industrial Classification Manual (0MB 1987).This
prohibition shall not be interpreted to include oil and gas facilities
or pipelines as defined in this Code and addressed in Division 3.12.
Section 3.That a new Division 3.12 is hereby added to the Land Use Code and
reads in its entirety as follows:
DIVISION 3.12 -Oil And Gas Facilities And Pipelines
3.12.1 -Purpose And Applicability
(A)Purpose.This Division is intended to protect the public health,safety,and welfare,
and the environment and wildlife resources by regulating oil and gas development
to anticipate,avoid,minimize and mitigate adverse impacts to existing,planned,
and future land uses.
(B)Applicability.This Division applies to siting and reclamation of all oil and gas
facilities and oil and gas pipelines within City boundaries over which the City has
regulatory authority pursuant to law,except for oil and gas facilities and oil and gas
pipelines subject to a valid operator agreement between the City and the operator
effective prior to April 14,2023,in which case the operator agreement shall govern
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the applicable oil and gas facilities and oil and gas pipelines.All persons must
obtain approval from the City in accordance with the standards in this Division and
all applicable Land Development Code requirements prior to constructing and
operating any new oil and gas facility or oil and gas pipeline or enlarging or
expanding any oil and gas facility or oil and gas pipeline lawfully existing prior to
April 14,2023.
Any terms used in this Division that are not defined within the Land Use Code shall
be defined by the COGCC as set forth in the Code of Colorado Regulations.The
terms applicant and operator are used interchangeably at times in this Division.
Where,in any specific case,the requirements of any other provision within the
Land Use Code or Code of the City of Fort Collins or any applicable federal or state
laws or regulations of any state or federal agency are in conflict with this Division,
the more restrictive or stringent requirement shall be imposed.
3.12.2 -Existing Oil And Gas Facilities And Pipelines
Application to Existing Oil and Gas Facilities and Pipelines.Oil and gas facilities and
oil and gas pipelines that were lawfully established prior to April 14,2023,referred herein
as lawful nonconforming oil and gas facilities and pipelines,are considered nonconforming
uses that may continue to operate pursuant to either a valid operator agreement governing
such oil and gas facilities or oil and gas pipelines between the City and the operator in
effect prior to April 14,2023,or absent such an operator agreement,pursuant to Land Use
Code Division 1.5 as modified in this Section.The following provisions apply to lawful
nonconforming oil and gas facilities and pipelines not subject to an operator agreement:
(A)Section 1.5.3 regarding abandonment of use.
(B)Section 1.5.4 regarding reconstruction does not apply to lawful nonconforming oil
and gas facilities and pipelines.Reconstruction of such an oil and gas facility or
pipeline or facility or pipeline taken by governmental acquisition or damaged by
fire or other accidental cause or natural catastrophe is not allowed.
(C)Section 1.5.5 regarding enlargement of buildings and expansion of facilities,
equipment or structures does not apply to lawful nonconforming oil and gas
facilities and pipelines.Enlargement and expansion of any such facility or pipeline
requires such facility or pipeline to be brought into conformance with the Land Use
Code.
(1)Enlargement or expansion includes,but is not limited to,any permanent
physical change to a lawful nonconforming oil and gas facility or pipeline
not required by law that increases operating capacity,harmful air emissions,
traffic,noise,risk of spills,or will adversely impact public health,safety,
welfare,the environment or wildlife resources.Use of a drilling rig or
hydraulic fracturing equipment to deepen or recomplete an existing well
into a new geologic formation is considered expansion.
(2)Maintenance activities,the replacement of existing equipment with
substantially similar equipment in like and kind,installation of emission
control equipment,and the addition of equipment to fulfill mandated
regulatory requirements are not considered enlargement or expansion.
3.12.3 -Oil and Gas Project Development Plan Review Procedures
In order for a new oil and gas facility to be constructed and operated,or a lawful
nonconforming oil and gas facility to be enlarged or expanded,the applicant must receive
approval of a project development plan,final plan,and building permit pursuant to the
Land Use Code.In order for enlargement or expansion of a lawful nonconforming oil and
gas facility to occur,unless an operator agreement as described in above Section 3.12.2
provides otherwise,such facility must be brought into conformance with the Land Use
Code and receive approval of a project development plan,final plan,and building permit
pursuant to the Land Use Code prior to enlargement or expansion and continued operation.
With regards to oil and gas pipelines,flowlines are subject to review as part of the project
development plan for any new oil and gas facility to which the flowlines are associated or
through a major amendment if additional flowlines are added subsequent to project
development plan approval.Crude oil transfer lines,gathering lines and transmission lines
are subject to project development plan review and subsequent changes through a major
amendment.In order for enlargement or expansion of a lawful nonconforming oil and gas
pipeline to occur,unless an operator agreement as described in above Section 3.12.2
provides otherwise,such pipeline must be brought into conformance with the Land Use
Code and receive approval of a project development plan,final plan,and building and other
required permits pursuant to the Land Use Code prior to enlargement or expansion and
continued operation.
Specific development standards regarding oil and gas facilities are set forth in Section
3.12.4,and specific development standards regarding oil and gas pipelines are set forth in
Section 3.12.5.The Project Development Plan Review Procedures set forth in Section 2.4.2
are modified as follows:
(A)Step I (Conceptual Review):Mandatory.In addition to the Concept Plan
Submittal requirements pursuant to Section 2.2.1 (A)(3),the applicant for a new oil
and gas facility or oil and gas pipeline shall provide an alternative location analysis
and preliminary site analysis as described below.The Director may waive or
modify any information required for the alternative location and preliminary site
analysis if,given the facts and circumstances of a proposed oil and gas facility or
pipeline,a particular requirement would either be irrelevant,immaterial,redundant
or otherwise unnecessary to evaluate the proposed project.Prior to the required
neighborhood meeting referenced in (B)below,the City will review all proposed
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locations for the oil and gas facility or oil and gas pipeline to determine which
locations,if any,meet Land Use Code requirements and will prepare a report
summarizing its findings with respect to the proposed locations.If the City requests
a site visit of any of the locations under consideration,the operator is responsible
for securing permission or coordinating with the landowner(s)to conduct the site
visit.Prior to selecting the location for the proposed oil and gas facility or oil and
gas pipeline,the operator shall consult with the City regarding the proposed
locations and the City’s report regarding such locations.
(1)Alternative Location Analysis.The alternative location analysis must
include,at a minimum,the following:
(a)For oil and gas facilities:
1.A map depicting the following elements within three (3)
miles of the proposed surface location.(This requirement is
limited to one (1)mile for a proposed single vertical or
directional well):
a.All mineral rights held or controlled by the applicant;
and
b.The location of all features listed in the “Preliminary
Site Analysis.”
2.The alternative location analysis shall evaluate a minimum
of three potential locations that can reasonably access the
mineral resources within the proposed drilling and spacing
unit(s),including the following information for each site:
a.General narrative description of each location;
b.Any location restrictions that the site does not satisfy;
c.Any existing surface use agreements or other
documentation regarding legal property rights;
d.Off-site impacts that may be associated with each
site;
e.Proposed truck traffic routes and access roads for each
location;and
f.Any information pertinent to the applicable review
criteria that will assist the Director in evaluating the
locations.
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(b)For oil and gas pipelines,the alternative location analysis shall
evaluate a minimum of three potential alignments for the pipeline,
including the following information for each alignment:
1.General narrative description of each alignment;
2.Any location restrictions that the alignment does not
satisfy;
3.Any existing surface use agreements or other
documentation regarding legal property rights;
4.Off-site impacts that may be associated with each
alignment;and
5.Any information pertinent to the applicable review criteria
that will assist the Director in evaluating the locations.
(2)Preliminary Site Analysis.The Preliminary Site Analysis shall include
maps with the following information:
(a)Provide an ecological characterization study if the development site
contains or is within two thousand (2,000)feet of a natural habitat
or feature as defined in Section 3.4.1.
(b)All drilling and spacing units proposed by the applicant within one
(1)mile of the City’s boundaries;and
(c)All features defined below that are wholly or partially within one (1)
mile of the proposed oil and gas facility:
1.Any existing or future building approved as occupiable
space,as defined in the City’s Building Code;
2.City parks or City property intended to be used for City
parks;
3.City maintained trails and trailheads or City property
intended to be used for City trails and trailheads;
4.Outdoor venues,playgrounds,permanent sports fields,
amphitheaters,or other similar places of outdoor assembly;
5.City natural areas;
6.Existing and approved oil and gas facilities and pipelines;
7.Areas within the FEMA 100-Year Floodplain boundary;
8.The centerline of all USGS perennial and intermittent
streams and the map will indicate which surface water
features are downgradient;
9.Active reservoirs and public and private water supply wells
of public record;
10.Natural habitats and features as defined in Land Use Code
Section 3.4.1 within one (1)mile of the proposed oil and gas
facility;
11.High priority habitat as defined by the COGCC;and
12.Disproportionately impacted communities,as defined by the
COGCC.
(B)Step 2 (Neighborhood Meeting):Mandatory.After a proposed location has been
selected for the oil and gas facility or oil and gas pipeline,a neighborhood meeting
must be held.Written notice of the neighborhood meeting must be mailed to the
owners of record and occupants of all real property within one (I)mile (exclusive
of public rights-of-way,public facilities,parks or public open space)of the property
line of the parcel of land upon which the development is planned.
(C)Step 3 (Development Application Submittal):All items or documents required
for project development plans as described in the development application
submittal master list for oil and gas facilities and oil and gas pipelines shall be
submitted.The Director may waive or modify the foregoing submittal requirements
if,given the facts and circumstances of the specific application,a particular
requirement would either be irrelevant,immaterial,redundant or otherwise
unnecessary for the full and complete review of the application.
The complete project development plan application must be submitted and accepted
by the City as complete prior to the applicant submitting any required Form 2 or
2A to the COGCC.Should the applicant submit any required Form 2 or 2A to the
COGCC prior to submitting its complete project development plan application to
the City,the applicant must withdraw the Form 2 or 2A and refrain from
resubmitting until a complete project development plan application has been
submitted and accepted by the City as complete.
3.12.4 -Oil and Gas Facility Development Standards
The following requirements apply to oil and gas facilities in addition to other applicable
Land Use Code requirements.
(A)Location Restrictions for New Oil and Gas Facilities or Enlarged or Expanded
Existing Oil and Gas Facilities.
(1)Allowed Zone Districts.Oil and gas facilities may only be located on
property located within:
(a)The Industrial (I)zone district;
(b)A zone district to which oil and gas facility is added as an allowed
use for a particular parcel pursuant to Section 1.3.4,Addition of
Permitted Uses;or
(c)A Planned Unit Development (PUD)overlay in which oil and gas
facilities are an allowed use.
A development application for an oil and gas facility may not be submitted
until oil and gas facility is an allowed use for the proposed location.
(2)Setbacks.Setbacks for new oil and gas facilities and enlarged or expanded
existing oil and gas facilities cannot be modified pursuant to Division 2.8,
Modification of Standards.Setbacks are measured as the shortest distance
from the edge of the working pad surface.
(a)No working pad surface shall be located within two thousand
(2,000)feet from the following:
1.The nearest wall of any existing or platted building approved
or to be approved as occupiable space as defined under the
City’s Building Code;
2.The property boundary line of any property containing a City
park or City property intended to be used for a City park;
3.The easement or parcel boundary of City maintained
recreation trails and trailheads or City property intended to
be used for City maintained trails and trailheads;
4.The edge of outdoor venues,playgrounds,permanent sports
fields,amphitheaters,or other similar places of outdoor
assembly;or
5.The property boundary line of any property containing a City
natural area.
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(b)No working pad surface shall be located within one thousand
(1,000)feet from the following:
1.Public water supply surface intakes or public water supply
wells;
2.Ditches that transport water used by,or to augment,a public
water supply system;or
3.Conservation easements.
(3)Buffer zones surrounding natural habitats and features.Oil and gas facilities
shall protect natural habitats and features specified in Section 3.4.1 through
buffer zones.Buffer zones set forth in the Buffer Zone Table for Fort Collins
Natural Habitats and Features in Section 3.4.1(E)are measured from the
shortest distance from the working pad surface to the top of bank,and are
modified as follows:
(a)All features under the Stream Corridors category:1,000 feet
(b)Wetlands greater than 1/3 acre:1,000 feet
(c)Lakes or reservoirs:1,000 feet
(d)Naturalized storm drainage channels/detention ponds:1,000 feet
(e)Naturalized irrigation ponds:1,000 feet
(f)Buffer zones for natural habitats and features not listed above will
conform to the buffer distances specified in Section 3.4.1(E)or
1,000 feet,whichever is greater.
(B)Prohibited Oil and Gas Facilities.The following facilities are prohibited within
the City:
(1)Injection wells for disposal of oil and gas exploration and production
wastes;
(2)Gas storage wells;
(3)Disposal pits;
(4)Commercial disposal facilities;
(5)Centralized exploration and production waste management facilities;
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(6)Subsurface disposal facilities;and
(7)Glycol dehydrators and desiccant gas processing dehydrators.
(8)Onsite oil storage greater than thirty (30)feet in height.
(C)Landscaping.Land Use Code Section 3.2.1 applies in addition to the following
requirements:
(1)The requirements of Section 3.2.1,Landscaping and Tree Protection,apply
within designated setbacks as defined in Section 3.l2.4(A)(2)above to meet
the Landscaping and Tree Protection general standard set forth in Land Use
Code Section 3.2.1(C).
(2)No landscaping may be placed within a twenty-five (25)foot buffer around
any tank or other structure containing flammable or combustible materials.
(D)Environmental Protection.Land Use Code Section 3.4.1,Natural Habitats and
Features,applies in addition to the requirement for an Ecological Characterization
Study if the development site contains or is within two thousand (2,000)feet of a
natural habitat or feature.
(E)Artificial Lift.Artificial lift may not be accomplished through the use
of traditional pump jacks and an alternative artificial lift system must be used that
is both less visible and has fewer auditory impacts than a traditional pump jack.
Alternatives such as gas lift,linear rod pumps,or hydraulic pumping unit must be
used instead of traditional pumpjacks and are to be as low profile as practicable
with a maximum height of thirty (30)feet.
(F)Fencing Plan.The requirements in this Subsection (F)apply to oil and gas facilities
in substitution of the requirements set forth in Land Use Code Section 3.8.11,
Fences and Walls.A fencing plan must be submitted as part of the application for
a project development plan and such plan must demonstrate how the oil and gas
facility will comply with the following requirements:
(1)All pumps,weliheads and production facilities must be fenced to prevent
unauthorized access and fencing must:
(a)Completely surround such facilities;
(b)Be no less than six (6)feet in height;
(c)Be noncombustible and allow for adequate ventilation;
(d)May not consist of solid masonry walls;and
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(e)Must be visually compatible with surrounding land uses.
(2)Each fence enclosure must be equipped with at least one gate.Each gate
must meet the following requirements:
(a)Gates shall be provided with a combination catch and locking
attachment device for a padlock and shall be kept locked except
when being used to access the oil and gas location;and
(b)Gates must provide adequate access for emergency responders and
the operator must provide Poudre Fire Authority with a “Knox
Padlock’or “Knox Box with a key”to allow emergency access to
the oil and gas location.
3.12.5 -Oil and Gas Pipelines
Oil and Gas Pipelines.To the maximum extent feasible,oil and gas pipelines must be
utilized for the transport of oil,gas,and produced water within and from any oil and gas
location except that temporary tanks may be utilized during drilling,flowback,workover,
completion,hydraulic fracturing and maintenance operations.All oil and gas pipelines
needed to transport oil,gas,and produced water within and from any oil and gas location
must be constructed prior to the production phase of such oil and gas facility.
Oil and gas pipelines must meet the following requirements in order to be approved:
(A)Oil and gas pipelines shall be located underground except to the extent above
ground connections to surface oil and gas facilities are necessary.
(B)Oil and gas pipelines shall be sited a minimum of fifty (50)feet away from
residential and non-residential buildings.This distance shall be measured from the
nearest edge of the oil and gas pipeline.Increased setbacks of up to one hundred
and fifty (150)feet may be required for public safety on a case-by-case basis in
consideration of the size,pressure,and type of oil and gas pipeline being proposed.
(C)Oil and gas pipelines that pass within one hundred and fifty (150)feet of residential
or non-residential building or the high-water mark of any surface water body shall
incorporate leak detection,secondary containment,or other mitigation,as
appropriate.
(D)To the maximum extent feasible,oil and gas pipelines shall be aligned with
established roads in order to minimize surface impacts and reduce natural habitat
fragmentation and disturbance.
(E)To the maximum extent feasible,operators shall share existing oil and gas pipeline
easements and consolidate new corridors for oil and gas pipeline easements to
minimize surface impacts.
(F)The legal description of the location of all new oil and gas pipelines must be
recorded on the respective property with the Larimer County Clerk and Recorder
within thirty (30)days of completion of construction.
(G)Coordinates of all oil and gas pipelines shall be provided in a format suitable for
input into the City’s GIS system depicting the locations and type of above and below
ground facilities.
(H)Operators shall use boring technology when crossing streams,rivers,irrigation
ditches or wetlands with a pipeline to minimize negative impacts to the channel,
bank,and riparian areas,except that open cuts may be used across irrigation ditches
if the affected ditch company approves the technique.
(I)Special conditions of approval for all gathering lines and transmission lines:
(1)Operator must make available to the City upon request all records
submitted to PHMSA or the PUC including those related to inspections,
pressure testing,pipeline accidents and other safety events.
(2)Operator shall comply with Fort Collins right-of-way permit and easement
processes for all gathering lines installed in Fort Collins owned property
or rights-of-way.
3.12.6 -Plugging and Abandonment of Wells and Pipelines and Decommissioning of
Oil and Gas Facilities
(A)The plugging and abandonment of a well,abandonment of an oil and gas pipeline,
and the decommissioning of any oil and gas facility are subject to basic
development review.City review and approval of an application to plug and
abandon a well,abandon an oil and gas pipeline or decommission and oil and gas
facility is intended to be in addition to any required COGCC review and approval.
The following documents and information shall be provided as part of the basic
development review application:
(1)Coordinates of the well proposed to be plugged and abandoned or pipeline
to be abandoned.
(2)A removal plan for flowlines and wastewater pipelines associated with any
well proposed to be plugged and abandoned to the extent such lines will not
serve a well that has not been plugged and abandoned.
(3)A sampling and monitoring plan associated with any well proposed to be
plugged and abandoned.Site investigation,sampling,and monitoring shall
be conducted to demonstrate that the well has been properly abandoned and
that soil,air and water quality have not been adversely impacted by oil and
gas facilities or other sources of contamination.Such sampling and
monitoring shall be conducted by a qualified environmental engineering or
consulting firm with experience in oil and gas investigations.Director
approval that the sampling and monitoring plan contains the information
required pursuant to this Subsection (3)is required prior to sampling
occurring and such plan shall include,but is not limited to,the following:
(a)Site survey,historical research,and/or physical locating techniques
to determine exact location and extent of oil and gas facilities.
(b)Documentation of plugging activities,abandonment and any
subsequent inspections.
(c)Soil sampling,including soil gas testing.
(d)Groundwater sampling,if deemed necessary.
(e)Installation of permanent groundwater wells for future site
investigations,if deemed necessary.
(f)A minimum of five (5)years of annual soil gas and groundwater
monitoring at the well location.
(g)Upon completion of the site investigation and sampling,not
including the ongoing monitoring,the consultant must provide a
written report verifying that the soil and groundwater samples meet
applicable Environmental Protection Agency and State residential
regulations and that a reclaimed site would not pose a greater health
or safety risk for future residents or users of the site.Otherwise,the
decision maker may require that the following actions be completed
by a qualified professional before development may occur,
including but not limited to:
(I)Remediation of environmental contamination to background
levels.
(II)Well repair or re plugging of a previously abandoned well.
(4)A final reclamation plan for the associated oil and gas location.The final
reclamation plan must demonstrate how the following reclamation
requirements will be satisfied:
(a)All oil and gas related improvements and equipment must be
removed from the oil and gas location,including flowlines,
gathering lines,and oil and gas pipelines of any kind unless such
improvements or equipment are needed to serve a well that has not
been plugged and abandoned.
(b)Upon written request,the Director may approve in writing the
abandonment in place of any oil and gas pipeline.The Director may
approve abandonment in place only if removal would cause greater
adverse impacts to public health,safety,welfare,or the environment
than allowing the oil and gas pipeline to remain.If an oil and gas
pipeline is abandoned in place,a tracer will be placed in any
nonmetal line.Any oil and gas pipeline approved to be abandoned
in place must comply with all COGCC rules and the location of the
abandoned oil and gas pipeline must be recorded with the Larimer
County Clerk and Recorder on the corresponding property.
(c)The oil and gas location must be reclaimed and revegetated to the
satisfaction of the City and in consultation with the landowner,the
oil and gas location and all access roads associated with the oil and
gas location proposed to be reclaimed within three (3)years after
seeding,or as directed by the landowner in a surface use
agreement.
(B)Prior to commencing plugging and abandonment of a well,the applicant must
provide the City with evidence of COGCC approval of the request to plug and
abandon.
(C)After plugging and abandonment is completed,the operator must:
(1)Provide the City with evidence of COGCC approval of the completed
plugging and abandonment.
(2)Provide evidence that the location of the plugged and abandoned well has
been recorded with the Larimer County Clerk and Recorder on the
corresponding property.
(3)Permanently mark by a brass plaque set in concrete,similar to a
permanent benchmark,to monument the plugged and abandoned well’s
existence and location.Such plaque shall contain the information required
by the COGCC to properly identify the well.
(D)Reclamation.Within six (6)months after plugging and abandoning a well,
abandoning an oil and gas pipeline,or decommissioning an oil and gas facility,reclamation
of the associated oil and gas location must be completed pursuant to the approved final
reclamation plan unless the Director grants additional time to complete reclamation in
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consideration of the complexity of the reclamation and conditions that may delay
reclamation such as the season and weather.The operator must notify the City upon
commencement of reclamation and upon completion.
Section 4.That Section 2.2.3 of the Land Use Code is hereby amended to read
as follows:
2.2.3 -Step 3:Development Application Submittal
Development Application Contents.
(2)Submittal Requirement.Each development application shall be submitted to
the Director and shall include the items on the Comprehensive list that are
identified as submittal requirements for that development application.The
Director may waive items on the Comprehensive list that are not applicable
due to the particular conditions and circumstances of that development
proposal.At the time of application submittal,all applicants must agree in
writing to pay the costs for third-party consultants the City retains to
adequately review the application as described in Land Use Code Section
2.2.3(D)(3).
(D)Development Review Fees and Costs for Specialized Consultants.
(3)Specialized Consultants.In the Director’s discretion,the City may retain
the services of third-party consultants with specialized knowledge that the
City requires to adequately evaluate an application,the costs of which must
be paid by the applicant with such payment agreed to in writing at the time
of application submittal.Prior to retaining any consultant,the Director must
inform the applicant of the intent to retain such consultant and the estimated
costs.The applicant must pay to the City the estimated costs prior to the
City retaining the consultant.Within sixty (60)days of completion of the
consultant’s work,the applicant must pay to the City the actual cost of the
consultant’s services in excess of the estimate,or the City must refund any
portion of the estimate in excess of the actual cost.
Section 5.That Section 2.2.4 of the Land Use Code is hereby amended to read
as follows:
2.2.4 -Step 4:Review Of Applications
(A)Determination of Sufficiency.After receipt of the development application,the
Director shall determine whether the application is complete and ready for review.
Some development applications may involve complex technical issues that require
review and input that is outside the expertise of City staff.If such a situation arises,
the Director may procure the services of third-party consultants to review and
consult with the City regarding the relevant subject matter and require the applicant
to pay the costs for such third-party consultants as described in Section 2.2.3(D)(3).
Upon review by the Director and any necessary third-party consultants,the Director
will determine whether the application is complete.The determination of
sufficiency shall not be based upon the perceived merits of the development
proposal.
Section 6.That Section 2.2.6 of the Land Use Code is hereby amended to read
as follows:
2.2.6 -Step 6:Notice
(D)Supplemental Notice Requirements.The following table indicates the required
notice radius for a mailed notice and posted sign size for development applications.
Development Project Minimum Notice Sign Size
Radius
Oil and gas facilities and oil and gas One (1)mile to 12 square feet
pipelines owners of record
and occupants of
real property
(exclusive of
property rights-
of-way,public
facilities,parks or
public open
space);plus,with
respect to
neighborhood
meetings,
publication of a
notice not less
than seven (7)
17
days prior to the
meeting in a
newspaper of
general
circulation in the
City.
Plugging and abandonment of wells and One (1)mile to 12 square feet
pipelines and decommissioning of oil and owners of record
gas facilities and occupants of
real property
(exclusive of
property rights-
of-way,public
facilities,parks or
public open space
of the oil and gas
facility,well,or
pipeline.
Section 7.That Section 2.18 of the Land Use Code is hereby amended to read
as follows:
2.18.1 -Purpose And Applicability
The purpose of the basic development review (“BDR”)is to establish an internal
administrative process for approval of a site specific development plan where the decision
maker is the Director.There is no public hearing and the basic development review process
shall be deemed final upon issuance of a decision by the Director and shall not be construed
to be the same as an Administrative (Type 1)review process for which the Director,or his
designee,conducts a public hearing.The basic development review shall be the review
process for:
(F)Plugging and Abandonment and Decommissioning of Wells and Pipelines
(Division 3.12)provided such Plugging and Abandonment and Decommissioning
is not part of a development application subject to a development review process
other than BDR.
Section 8.That Section 2.14.3 of the Land Use Code is hereby amended to read
as follows:
2.14.3 -Inspection
18
The City Manager is hereby empowered to cause any building,other structure or tract of
land to be inspected and examined and to order in writing the remedying of any condition
found to exist therein or thereat in violation of any provision of this Land Use Code.After
any such order has been served,no work shall proceed on any building,other structure or
tract of land covered by such order,except to correct such violation or comply with the
order.
With regards to inspections of oil and gas facilities,the operator of any oil and gas facility
or oil and gas pipeline that has been inspected shall pay to the City the costs for such
inspection within sixty (60)days of receiving an invoice for the cost of the inspection.
Inspections of oil and gas facilities and oil and gas pipelines may be conducted by City
staff or non-City inspectors authorized by the City to conduct such inspections.
Section 9.That Section 5.1.2 of the Land Use Code is hereby amended to read
as follows:
5.1.2 -Definitions.
The following words,terms and phrases,when used in this Land Use Code,shall have the
meanings ascribed to them in this section:
COGCC shall mean the Colorado Oil and Gas Conservation Commission.
Flowback shall mean the process of allowing fluids and entrained solids to flow from a
well following stimulation,either in preparation for a subsequent phase of treatment or in
preparation for cleanup and placing the Well into production.The term flowback also
means the Fluids and entrained solids that emerge from a Well during the flowback process.
Flowline shall mean a segment of pipe transferring oil,gas,or condensate between a
wellhead and processing equipment to the load point or point of delivery to a U.S.
Department of Transportation Pipeline and Hazardous Materials Safety Administration or
Colorado Public Utilities Commission regulated gathering line or a segment of pipe
transferring produced water between a wellhead and the point of disposal discharge or
loading.This definition of flowline does not include gathering line.
Gathering line shall mean a gathering pipeline or system as defined by the Colorado
Utilities Commission,Regulation No.4,4 C.C.R.723-4901,Part 4,(4 C.C.R.723-4901)
or a pipeline regulated by the U.S.Department of Transportation Pipeline and Hazardous
Materials Safety Administration pursuant to 49 C.F.R.§~195.2 or 192.8.49 C.F.R.§*
195.2 or 192.8 and 4 C.C.R.723-4901 in existence as of the date of this regulation and
does not include later amendments.
High occupancy building unit shall mean:
(a)Any public or private school,nursing facility as defined in §25.5-4-
103(14),C.R.S.,hospital,life care institution as defined in §12-13-101,C.R.S.,or
correctional facility as defined in §17-1-102(1.7),C.R.S.,provided the facility or
institution regularly serves 50 or more persons;
(b)An operating Child Care Center as defined in §26-6-102(5),C.R.S.;or
(c)A multiunit dwelling with four or more units
Oil and gas facility shall mean equipment or improvements used or installed at an oil and
gas location for the exploration,production,withdrawal,treatment,or processing of crude
oil,condensate,exploration,development,and production waste,or gas.
Oil and gas location shall mean the 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 pipeline shall mean a flowline,crude oil transfer line,gathering line,as such terms are
defined by the Colorado Oil and Gas Conservation Commission,and transmission lines.
Operator as used in Division 3.12 shall mean any person who exercises the right to operate and
control an oil and gas facility or oil and gas pipeline.
Plugging and abandonment shall mean the cementing of a well,the removal of its
associated production facilities,the abandonment of its flowline(s),and the remediation
and reclamation of the wellsite.
Reclamation shall mean the process of returning or restoring the surface of disturbed land
to its condition prior to development.
School facility shall mean any discrete facility or area,whether indoor or outdoor,
associated with a public or private school,that students use commonly as part of their
curriculum or extracurricular activities.A school facility is either adjacent to or owned by
the school or school governing body,and the school or school governing body has the legal
right to use the school facility at its discretion.The definition includes future school facility
as defined by the Colorado Oil and Gas Conservation Commission.
20
Working pad surface shall mean the portion of an oil and gas location that has an improved
surface upon which oil and gas facilities are placed.
Section 10.That the table contained in Section 4.1 6(F)(2)of the Land Use Code
is hereby amended to read as follows:
Division 4.16 -Downtown District (U)
(F)Permute ses.
(2)The following uses are permitted in the subdistricts of the Downtown District,
subject to basic development review (BDR),Minor Amendment (MA),
Administrative (Type 1)Review or Planning and Zoning Board (Type 2)
Review as specifically identified on the chart below:
Land Use Historic Canyon Innovation/River Campus Entryway
Core A venue/Civic!River Corridor North Corridor
North Mason
Oil and Type 2 Type 2 Type 2 Type 2 Type 2 Type 2
Gas
Pipelines
Section 11.That Section 4.1 8(B)(3)of the Land Use Code is hereby amended
by the addition of a new subsection (d)which reads in its entirety as follows:
Division 4.18 -Community Commercial District (C-C)
(d)Industrial Uses:
1.Oil and gas pipelines.
Section 12.That Section 4.1 9(B)(3)of the Land Use Code is hereby amended
by the addition of a new subsection (d)which reads in its entirety as follows:
21
Division 4.19 -Community Commercial —North College District (C-C-N)
Industrial Uses:
1.Oil and gas pipelines.
Section 13.That Section 4.20(B)(3)of the Land Use Code is hereby amended
by the addition of a new subsection (d)which reads in its entirety as follows:
Division 4.20 -Community Commercial —Poudre River District (C-C-R)
(d)Industrial Uses:
1.Oil and gas pipelines.
Section 14.That the table contained in Section 4.21(B)(2)of the Land Use Code
is hereby amended to read as follows:
Division 4.21 —General Commercial District (C-G)
Land Use I-25/SH 392 General Commercial
(CA C)District
(C-G)
A.RESIDENTIAL
11 INDUSTRIAL USES
Oil and gas pipelines Type 2 Type 2
Section 15.That Section 4.22(B)(3)(d)of the Land Use Code is hereby amended
by the addition of a new subparagraph 3 which reads in its entirety as follows:
Division 4.22 -Service Commercial District (C-S)
Industrial Uses:
22
1.Recycling facilities.
2.Transport terminals (truck terminals,public wor s
yards,container storage).
3.Oil and gas pipelines.
Section 16.That Section 4.23(B)(3)of the Land Use Code is hereby amended
by the addition of a new subsection (d)which reads in its entirety as follows:
Division 4.23 —Neighborhood Commercial District (N-C)
(d)Industrial Uses:
I.Oil and gas pipelines.
Section 17.That the table contained in Section 4.24(B)(2)of the Land Use Code
is hereby amended to read as follows:
Division 4.24 —Limited Commercial District (C-L)
Land Use Riven ide All Other
Area Areas
A.RESIDENTIAL
D.INDUSTRIAL
Oil and gas pipelines Type 2 Type 2
Section 18.That Section 4.26(B)(3)of the Land Use Code is hereby amended
by the addition of a new subsection (e)which reads in its entirety as follows:
Division 4.26 —Harmony Corridor District (H-C)
(e)Industrial Uses:
1.Oil and gas pipelines.
Section 19.That Section 4.27(B)(3)(d)of the Land Use Code is hereby amended
as follows:
Division 4.27 -Employment District (E)
(d)Industrial Uses:
1.Dry-cleaning plants.
2.Oil and gas pipelines.
Introduced,considered favorably on first reading and ordered published this 20th
day of December,2022,and to be presented for final passa:e on the 4th daw6t April,2023.
WA
ATtEST:
City Clerk/CI~~/2
Passed and adopted on final reading this 4th day of •2023.
ATTEST:
City