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Home My WebLink About20133460.tiffJibd- Reetiez /c9-/h-ows WELD COUNTY CODE ORDINANCE 2013-14 a IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 17 PUBLIC PLACES, AND CHAPTER 24 SUBDIVISIONS, 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 repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 7 PUBLIC WORKS Delete Sec. 8-6-160. Vacation of rights -of -way. A Owners of land adjacent to County road, street or alley rights -of -way which are shown as part of an approvec or recorcec subcivision p at, map or unincorporatec community ega y fi ec prior to any regu ations contro ing subcivisions, may sees vacation on y by means of an app ication to resubdivide pursuant to Chapter 24 of this Code, which is administered by the Department of Planning--Services- Owners of anc ac; acent to County roac rig its -of -way, ()tier t ian t lose cescribec in Subsection A above, may seek vacation by petition to tie Boarc of County Commissioners tirough the Clerk to the Board, pursuant to Section 13 2 303, C.R.S. PAGE 1 2013-3460 ORD2013-14 CHAPTER 17 PUBLIC PLACES Add Article VII as follows: ARTICLE VII Vacation of Road Right -of -Way by Board of County Commissioners Sec. 17-7-10. Purpose and intent. The purpose and intent of this article is to authorize the Board of County Commissioners to vacate a public road right-of-way in accordance with Part 3 of Article 2 of Title 43 of the Colorado Revised Statutes. Sec. 17-7-20. Procedure. A. The Board of County Commissioners may vacate a public road right-of-way by resolution, if the Board determines it to be in the County's best interest, or upon application of an interested landowner. See Appendix 17—A, Petition to Board of County Commissioners to Vacate Public Road Right -of -Way. B. At least ten days prior to the meeting at which the Board of County Commissioners is to consider vacating any public road right-of-way, the Clerk to the Board shall mail notice of the meeting to all persons owning land adjacent to the roadway to be vacated. This notice shall not be required if the public road right-of-way has not been used as a roadway for at least twenty-one (21) years, or since it was established. The Clerk to the Board shall refer the matter to the Department of Planning Services and the Department of Public Works for review and comments. C. The resolution vacating the public road right-of-way shall be recorded with the County Clerk and Recorder. D. Upon vacation of the public road right-of-way, title to the land shall vest in the adjacent landowners pursuant to the provisions of Section 43-2-302, C.R.S. Sec. 17-7-30. Limitations. A. No public road right-of-way that borders another county or the boundaries of an incorporated municipality may be vacated without the resolution of the Board of County Commissioners and the consent of the governing body of the other county or municipality. B. No public road right-of-way may be vacated if any adjoining property would be without access by either public road or private easement. C. The resolution vacating the public road right-of-way shall reserve rights -of -way or easements for existing sewer, gas, water, or similar appurtenances, for ditches or canals and appurtenances, and for electric, telephone_ and similar lines and appurtenances. Add APPENDIX 17-A - ATTACHED PAGE 2 2013-3460 ORD2013-14 CHAPTER 24 SUBDIVISIONS Amend Sec. 24-5-20. Resubdivision for vacation of right-of-way. The resubdivision for vacation of right-of-way permits the vacation of certain roads, streets or alleys. A resubdivision for vacation of right-of-way proposal with complex parcel configurations or ownership patterns or which cannot comply with Subsections A through C herein shall be required to use the resubdivision procedure described in Section 24-5-40. The resubdivision for vacation of right-of-way shall be used when the following conditions apply: A through F - No change G. Nothing in this Section restricts the right of the Board of County Commissioners to vacate a road right-of-way pursuant to Article VII of Chapter 17 of the Weld County Code. 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 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 3 2013-3460 ORD2013-14 The above and foregoing Ordinance Number 2013-14 was, on motion duly made and seconded. adopted by the following vote on the 27th day of January, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: William F. Garcia, Chair Weld County Clerk to the Board Douglas Rademacher, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Mike Freeman County Attorney Barbara Kirkmeyer Publication: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: November 20. 2013 December 16, 2013 December 25, 2013, in the Greeley Tribune January 6, 2014 January 15. 2014, in the Greeley Tribune January 27. 2014 February 5, 2014, in the Greeley Tribune February 10, 2014 PAGE 4 2013-3460 ORD2013-14 APPENDIX 17-A PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: The applicant shall submit the petition application fee and the required application as follows: One original application form One digital or electronic copy of completed application materials, if required One copy of a certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property adjacent to the road, street or alley considered for vacation. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website, www.co.weld.co.us or a person qualified to do the task, and shall be current as of a date no more than thirty days prior to the date the application is submitted to the Department of Planning Services. One original written explanation of the application and reason for proposing the right-of-way vacation. Application fee APPLICATION FEE $ 216.00 HEARINGS/MEETINGS PROCESSING TIME Weld County Board of County Commissioners 60 days Utility Advisory Board, if applicable Fees are non-refundable and due at time of application submittal. Fees are set by the Board of County Commissioners by Resolution. County Staff is not authorized to negotiate fees and cannot, under any circumstance, change. reduce, or amend the fees set forth in the Weld County Planning Fee Schedule. PAGE 5 2013-3460 ORD2013-14 PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY DESCRIPTION OF RIGHT-OF-WAY (include general description as well as Section. Township, Range): PETITIONER OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: Work Phone # Address: Home Phone # Email Address City/State/ZipCode LIST ALL ADJACENT LANDOWNERS (if additional space is required, attach an additional sheet): Name: Address: Parcel: APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Work Phone # Home Phone # Email Address Address: City/State/ZipCode UTILITIES/EASEMENTS Existing utilities, including but not limited to, oil and gas pipelines, sewer, gas, water. or similar pipelines and appurtenances. ditches or canals and appurtenances, and electric, telephone. and similar lines and appurtenances within the right of way or holding a recorded interest to use or cross this right of way include: DISTRICTS School: Fire: Post Office: JURISDICTION [ ] This right of way is located exclusively within the unincorporated area of the County. PAGE 6 2013-3460 ORD2013-14 [ ] This right of way forms a boundary with another county, state, or incorporated municipality: ** •* A public right of way that borders another jurisdiction may not be vacated without the approval of both the Weld County Board of County Commissioners and the governing body of the other jurisdiction. PAGE 7 2013-3460 ORD2013-14 Affirmation By submitting this application, all undersigned Petitioners understand and agree that the Board of County Commissioners may approve or deny the petition in whole or in part; reserve any and all current utilities, easements, and other encumbrances currently existing on the right of way; impose other provisions as the Board deems appropriate. Petitioner(s) agree to abide by the Board's resolution vacating the right of way, and to pay for all costs associated with the vacation, including publication, notice, and recording the resolution with the Weld County Clerk and Recorder. Petitioner(s) affirm that they have complied with Article VII of Chapter 17 of the Weld County Code. and with Article 3 of Title 42 of the Colorado Revised Statutes. Petitioner(s) understand that title to any vacated right of way will vest with the adjacent landowners pursuant to State law. We, the undersigned citizens and real property owners of Weld County, Colorado, hereby petition that the road right of way described herein be declared abandoned and vacated by Weld County. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date PAGE 8 2013-3460 ORD2013-14 APPLICATION ASSISTANCE AND OFFICE LOCATIONS Weld County Planning and Zoning Department of Planning Services 1555 N 17th Ave Greeley CO 80631 (970) 353-6100 x3540 Web link — www.co.weld.co.us/Departments/PlanningZoninq Weld County Building Inspection Department of Planning Services 1555 N 17th Ave Greeley CO 80631 (970) 353-6100 x3540 Web link — www.co.weld.co.us/Departments/PlanningZoninq Water Wells - State of Colorado Division of Water Resources 1313 Sherman St Rm 818 Denver CO 80203 (303) 866-3581 Division of Water Resources 810 Ninth St 2nd Floor Greeley CO 80631 (970) 352-8712 Web link - www.water.state.co.us Geological - State of Colorado Colorado Geological Survey Division of Minerals and Geology 1313 Sherman St Rm 715 Denver CO 80203 (303) 866-2611 Web link - www.geosurvey.state.co.us Weld County Clerk to the Board PO Box 758 Greeley, CO 80632 970-336-7215 Web link: www.co.weld.co. us/Departments/Commissioners /ClerktotheBoard Weld County Department of Public Works Department of Public Works 1111 H St Greeley CO 80631 (970) 356-4000 x3750 Web link — www.co.weld.co.us/Departments/PublicWorks Colorado Highways Colorado Department of Transportation 1420 Second St Greeley CO 80631 (970) 353-1232 Web link — www.coloradodot.info/ Weld County Septic Permits Department of Public Health and Environment 1555 N 17th Ave Greeley CO 80631 (970) 304-6415 Web link — www.co.weld.co.us/Departments/HealthEnvironment Soil Conservation Districts Big Thompson (Fort Collins) - 970-223-0960 Boulder Valley (Longmont) - 303-776-4034 Centennial - 970-522-7554 Fort Collins - 970-221-0611 Longmont - 303-776-4034 Morgan - 970-867-9659 Platte Valley (Brighton) - 303-659-7004 Southeast Weld (Brighton) - 303-659-7004 West Adams (Brighton) - 303-659-7004 West Greeley - 970-356-6506 Web link — www.cacd.com Weld County Attorney's Office PO Box 758 Greeley. CO 80632 970-336-7235 Web link: www.co.weld.co.us/Departments/CountyAttorney AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: THE UNDERSIGNED. being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) adjacent to the road, street or alley considered for vacation. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty days prior to the date the application is submitted to the Department of Planning Services. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs. a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) hereby depose and state under the penalties of perjury that all statements. proposals and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signature Date Signature PAGE 10 Date Signature Date 2013-3460 ORD2013-14 Hello