HomeMy WebLinkAbout20112892.tiff WELD COUNTY
CODE ORDINANCE 2011-10
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8
PUBLIC WORKS, 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 8
PUBLIC WORKS
Add the following:
ARTICLE XII
Grading Permit Policy
Sec. 8-12-10. General.
The Grading Permit is a tool to ensure that the County has reviewed proposed erosion
and sediment control practices for planned construction activities with the goal of avoiding
potential damages. A Grading Permit grants the Permit Holder permission to conduct
construction activities within the requirements of applicable State regulations and provides the
County with sufficient oversight to minimize the potential for offsite damages. In addition,
construction activities in Weld County must be compliant with applicable State regulations
regarding releases of sediment and water from construction sites. This policy shall apply within
all unincorporated areas of Weld County as of the effective date of this Article.
Sec. 8-12-20. Purpose.
This Article recognizes the importance of protecting the health, safety, and welfare of the
public, protection of water quality and private property rights. This Article describes the
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minimum requirements for prevention of detrimental or negative impacts to Weld County water
quality, and damages to private property and Weld County infrastructure by construction
activities within the County. The goals are:
A. To prevent sediment releases, erosional damage, or excessive water discharges
from construction sites on to adjoining private property.
B. To prevent erosion, sediment, and water discharge damage to County
maintained infrastructure, such as roads and bridges, that results in costs to
taxpayers.
C. To prevent the degradation of surface water quality and the ability of existing
ditches, channels, and swales to drain due to sediment releases.
Sec. 8-12-30. Grading Permit
A. Issuance of Grading Permit. A Grading Permit shall be issued only in compliance with
the rules and regulations set forth in this Article. In no event shall construction be
allowed or permitted if it is detrimental to the public health, welfare, and safety.
B. Necessity for a Grading Permit. Unless an exemption exists, a Grading Permit is
required for construction activities that disturb over one (1) acre of land.
C. No Work Without Permit. No person or entity may surface disturb, grade, construct, or
excavate over one acre of non-exempted ground without first having obtained a Grading
Permit from the Department of Public Works. In addition, no person or entity may grade,
excavate, construct, or leave disturbed and un-stabilized over one acre of non-exempted
ground beyond the date or dates specified in the Permit unless: (1) the person or entity
requests a written extension before the expiration of the initial Permit, and (2) a new
Permit or extension is granted.
D. Exemptions. The following land disturbance activities are permissible without obtaining
a Grading Permit. Other permits, such as Right-Of-Way, Flood Hazard, or I.S.D.S., may
still be required.
1. Projects which involve less than a total of one (1) acre (43,560 square feet) of
disturbed ground surface or graded area, unless the Colorado Department of
Public Health and Environment has required a Storm Water Management Plan
(SWMP) or Construction Storm Water Discharge Permit.
a. Individual lots in subdivision developments under the same ownership,
involving less than one (1) acre of disturbed area, shall not be considered
separate projects if they are contiguous.
b. Any series of related projects or connected projects on one site, which
together exceed the one (1) acre limitation shall be considered a single
project and shall be required to obtain a Grading Permit. For example,
several 10,000 square foot segments that add up to over one (1) acre
total area that connect to form a road would be considered a single
project and would require a Grading Permit.
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2. Tillage of agricultural land is exempt from grading permit requirements.
3. Trenching incidental to the construction, maintenance and installation of
approved underground pipe lines, electrical or communication facilities where
less than one (1) acre is disturbed is exempt from grading permit requirements.
Trenching for pipelines, electrical, or communication facilities or for future
maintenance, where the total disturbed area exceeds one (1) acre, shall not be
exempt. Construction of access required to complete the trenching or for future
maintenance shall not be exempt.
4. Land disturbance or excavations in accordance with plans incorporated in a
mining permit, reclamation plan, or sanitary landfill approved by the County.
However, a Grading Permit may be required for over one (1) acre of ground
disturbed for construction of roads, driveways, buildings, parking areas,
accesses, drainage facilities, landscaping, or other construction not directly in the
mined area or landfill.
5. Site preparation for an oil or gas drill site/well pad approved by the Colorado Oil
and Gas Conservation Commission is exempt from grading permit requirements.
6. County capital improvement or County maintenance projects within
Right-of-Way, except where the construction lies within a designated Municipal
Separate Storm Sewer Systems (MS4) area
7. Maintenance and cleaning of existing ditches, lakes, ponds, and water storage
reservoirs, except where the construction lies within a designated MS4 area.
8. Maintenance and resurfacing of existing streets/roads, runways, sidewalks/trail
systems, parking lots/loading areas and railroad beds is exempt from grading
permit requirements.
9. Performance of emergency work necessary to prevent or mitigate an immediate
threat to life or property when an urgent necessity arises. The person performing
such emergency work shall promptly notify the Department of Public Works of
the problem and work required. Any person(s) performing such emergency work
shall immediately notify the Public Works Director of the situation and the actions
taken. The Public Works Director may, however, require such person(s) to
obtain a grading and erosion control permit to implement remedial measures to
minimize erosion resulting from the emergency.
10. Enlargements to parking areas less than one (1) acre larger than the original
area of existing parking facilities for commercial, industrial and institutional uses.
11. Graves in cemeteries.
12. Land disturbance associated with the construction of natural surface trails may
be exempted by the Director of Public Works except within designated MS4
areas provided that the procedure outlined below is completed prior to
commencement of any trail construction. If exempted, the land disturbance
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associated with the construction of natural surface trails shall generally conform
with the performance standards of this section.
Sec. 8-12-40. Definitions.
For the purpose of this Article, the following terms, phrases, words, and their derivations
shall have the meanings given herein:
Acre means a total area of 43,560 square feet.
Best Management Practices (BMPs) are, for the purposes of this Article, erosion and
sediment control methods that have been determined (according to EPA guidance) to be the
most effective, practical means of preventing or reducing pollution from non-point sources. For
the purposes of this Article, BMPs address prevention of water pollution and control of dust from
construction sites.
Contractor means any party performing the installation and construction for a Permit
Holder who obtains a permit pursuant to this Article. A contractor may be a Permit Holder under
this definition.
Disturbed Area means that area of the land's surface disturbed by any work activity upon
the property by means including, but not limited to, grading; excavating; stockpiling soil, fill or
other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other
materials; or other activities which expose soil. Disturbed area does not include the tillage of
land that is zoned agricultural or the tillage of a parcel zoned PUD (planned unit development)
within the area identified for agricultural uses.
Grading means excavation, cutting, filling, clearing and grubbing, stockpiling, and
re-contouring the land surface or any combination of these.
Grading Plan means the construction drawing or other depiction showing the existing
and the proposed elevation contours of the area to be disturbed by construction.
Land Disturbance Activity means any activity, which changes the volume or peak flow
discharge rate of precipitation runoff from the land surface. This may include the grading,
digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction,
substantial removal of vegetation, or any activity which bares soil or rock or involves the
diversion or piping of any natural or man-made watercourse.
Lines means all underground and overhead cable, telephone, electric power, wire, gas,
and irrigation lines, appurtenances, structures, or pipelines.
Municipal Separate Stormwater System (MS4) is defined by the Federal Environmental
Protection Agency (EPA) in 40 CFR 122 as a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains) owned or operated by a state, county, city or town that discharges
into waters of the United States.
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Permit Holder means the owner, operator, person, and/or entity constructing,
excavating, or occupying the construction site who has obtained a grading permit pursuant to
this Article.
Right-of-Way (ROW) means a strip of land that is granted through an easement, plat, or
other legal mechanism for transportation purposes, such as a roadway or highway.
Sediment and Erosion Control Plan is a document that shows the proposed finished
contours and depicts the location of all erosion and sediment control measures (BMPs).
Sec. 8-12-50. Grading Permit Application.
Complete Application Required. Applicants shall file a complete application for a
Grading Permit. The application shall be submitted to the Building Inspection Department on
behalf of the Department of Public Works. Based upon the information provided in the
application, additional submittals may be required by the Department of Public Works if
sufficient information was not provided for review of the application. An application shall be
considered complete if it is submitted in the required form, includes all mandatory information,
including all supporting materials specified by application, and is accompanied by the applicable
fee. If an application is determined to be incomplete, the Department of Public Works shall
provide notice to the applicant, along with an explanation of the application's deficiencies. No
further processing of the application shall occur until the deficiencies are corrected in a future
re-submittal. An application which is determined to be incomplete may, or may not, retain its
same processing cycle.
A complete application will typically include civil engineering drawings signed and sealed
by a registered Civil Engineer in the State of Colorado. The drawings shall include a grading
plan showing existing and proposed contours and elevations, and drainage plan. In addition, a
Sediment and Erosion Control plan that shows the location and types of BMPs to be utilized at
the site shall be provided. Typical BMP installation details and maintenance notes should also
be on the drawings.
Sec. 8-12-60. Application Review, Grading Permit Issuance, Permit Expiration and Permit
Extension.
A. Review Process. The application and other data filed by an applicant for a Grading
Permit shall be reviewed by the Department of Public Works. The application may also
be reviewed by other departments or agencies to verify compliance with any applicable
laws. If the Department finds that the work described in an application for a Grading
Permit conform to the requirements and regulations set forth in this Article, meet the
requirements defined in the Department of Public Works Design Standards and Criteria
or other pertinent laws regulations or ordinances, and that all required fees have been
paid, a Grading Permit shall be issued to the applicant. Criteria upon which the Grading
Permit shall be considered include, but are not limited to, the following:
1. Water quality protection: The proposed construction must include proposed
installation and provision for maintenance of adequate sediment and erosion
control Best Management Practices (BMPs) that, to the extent possible, prevent
erosion and/or release of sediment, excessive stormwater, and/or pumped water
discharges to surface waters from the construction area.
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2. Adjacent property protection: The proposed construction must include sediment
and erosion control BMPs that, to the extent possible, prevent damage, erosion
and/or release of any sediment, excessive stormwater, and/or pumped water
discharges from the construction area to adjacent properties and roadways.
3. Constructability: Installation of BMPs, trenches, excavations and other
construction practices must be able to be performed according to general
construction and safety practices. The proposed construction work must not
create a public safety hazard.
B. Changes in Approved Permit. An approved Grading Permit shall not be changed,
modified, or altered without written authorization from the Department of Public Works.
All work shall be done in conformance with the approved Permit.
C. Permit Limitations. An approved Grading Permit requires the Permit Holder to meet
certain permit specifications and general engineering. The Department of Public Works
shall be responsible for ensuring compliance with such specifications and standards.
The issuing and granting of the Grading Permit shall not be construed to be a permit for,
or an approval of, any violation of any of the provisions of this Article or of any
regulations of the State or County. Additionally, the issuance of the Grading Permit shall
not be construed as the approval or issuance of any necessary permits referred to in
Chapter 29 of this Code.
D. Indemnification. Every approved Grading Permit issued shall include the following
language: "Permit holder, its agents, employees, subcontractors, contractors, and
assigns hereby agree to hold Weld County, Colorado, the agencies thereof, and their
officers and employees harmless from any and all loss and damage or any claims which
may arise out of, or be connected with, the construction within the area covered by this
permit; excluding any such loss and damage or any claims (including consequential
damages) which may be caused solely by the negligence of Weld County, the agencies
thereof, or its officers and employees."
E. Permit Expiration. Every approved Grading Permit shall expire if the construction of
work authorized by the Permit is suspended or abandoned for a period of one (1) year at
any time after the work has begun. Before work can begin or be resumed, the Permit
must be reissued by the Department of Public Works.
F. Permit Extension. Any permit holder with an unexpired Grading Permit may apply, in
writing, for an extension of the time within which work may begin under that Permit if the
Permit holder is unable to begin or complete work within the time required for good
cause, and that the cause is acceptable to the Department of Public Works. There shall
be an extension fee assessed to cover administrative costs.
Sec. 8-12-70. County Authority.
The Department of Public Works shall have the authority to suspend work, wholly or in
part, because of the failure of the Permit Holder to properly execute the work in accordance with
this Article.
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Sec. 8-12-80. Permit Holder's General Responsibilities.
A Permit Holder is responsible for the following items. Additional requirements and more
detailed information are shown in the Special Provisions of the Grading Permit.
A. Best Management Practices. Permit Holder shall ensure that all erosion and
sediment control BMPs shown on the approved plans are correctly installed, and
maintained.
B. Other permits. Permit Holder shall secure all permits required by federal, state,
and local agencies.
C. Insurance. Permit Holder shall secure and maintain insurance policies that will
protect them, their subcontractors, and Weld County from claims for bodily injury,
death, or property damage, which may arise from the excavation, installation
and/or construction contemplated or caused by the construction as permitted
herein.
D. Surety. If deemed necessary by the Planning Department through the land use
change process, or by the Department of Public Works, Grading Permit holders
shall provide a surety bond and/or other security for the total amount required to
stabilize, restore, or reclaim the disturbed ground to prevent erosion and/or
release of sediment, excessive storm water, and/or pumped water discharges to
surface waters from the construction area. Said security shall remain in effect for
a period of twenty-four (24) months after all completion of construction and
establishment of erosional stability. The amount of the security shall be sufficient
to stabilize a disturbed site to prevent releases of sediment and water from
construction sites and protect the health, safety, and welfare of the public. The
amount shall be based on cost estimates of site restoration provided by the
applicant and approved by the Weld County Engineer. Whether or not covered
by surety, Permit Holder shall reimburse Weld County for any and all expenses
incurred by Weld County within 24 months after completion of any work, as a
result of, or related to, failure by Permit Holder to perform all installation,
construction, maintenance or other work pursuant to the Permit, in a workmanlike
manner.
E. Utility Locates. The Permit Holder shall be responsible for utility locates in
advance of the construction or excavation. Permit Holder is responsible for any
damages to existing utilities or structures.
F. Traffic Control. Construction activities impacting the County rights-of-way shall
not interfere with movement of traffic or compromise public safety. A County
Right-of-Way permit may be required in addition to a Grading Permit.
G. Emergency Conditions. When a condition arises where emergency work must
be performed, the applicant shall immediately notify the Department of Public
Works of the emergency event, type and extent of work. Within two (2) business
days after the occurrence of the emergency, the applicant shall apply for the
necessary permits, pay the associated fees, and fulfill the rest of the
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requirements necessary to comply with the Grading Permit for the actions the
Applicant took in response to the emergency.
H. Drainage Interference. A Permit Holder shall not obstruct the natural free and
clear passage of water along the roadside ditch flow lines or other waterways. If
surface drainage is to be affected, the Permit Holder is responsible for the proper
runoff management to prevent erosion and/or release of sediment, excessive
storm water, and/or pumped water discharges to adjacent properties and surface
waters from the construction area.
I. Site Stabilization, Restoration, and Clean Up. The Permit Holder shall assume
all responsibility for stabilizing the permitted site to prevent erosion and
discharges of sediment. The Permit Holder shall also assume all responsibility
for removing all debris associated with the construction activities in the County
rights-of-way. If, upon inspection, the Department of Public Works determines
that there is risk of erosional damage, sediment discharges, or debris has not
been removed from the County rights-of-way, the Department shall notify the
Permit Holder of the violation of the Permit conditions. The Permit Holder, upon
notification from the Department, shall correct all work, to the extent necessary.
The work shall be completed within the time period specified in the notice from
the Department. If the Permit Holder fails to establish site stability or restore the
rights-of-way in the manner and to the condition required, the Department may
have the County perform the restorations. In that event, the Permit Holder shall
pay to the County, within 30 days of billing, the cost of restoring the County
rights-of-way.
J. Ownership and Maintenance. Permit Holder shall own, maintain, operate, and
repair all work on private property in accordance with the regulations, conditions,
and terms of this Permit.
K. Warranty of Right-of-Way. Weld County does not warrant its ownership of rights-
of-way which may be the subject of any issued Permit. Permit Holder is
responsible for determining the ownership of properties subject to its
construction.
Sec. 8-12-90. Inspections
Inspections during the construction period will be made by the Department of Public
Works to ensure that work is progressing in compliance with the Permit. It shall be the
responsibility of the Permit Holder to provide safe access to the work site for the Department
and to all others, as authorized by law, for inspection at all reasonable times during the
execution and upon completion of the work. At the time of inspection, the Department may
order the immediate termination of any work which poses, or is causing, a serious threat to the
life, health, safety, or well-being of the public.
It shall be the responsibility of the Permit Holder to notify the Department of Public
Works when work is ready for inspection. The Department requires that every request for
inspection be received at least forty-eight (48) hours before such inspection. Such requests
may be made by telephoning, emailing, or faxing the Department. The presence of Department
employees on-site shall not guarantee or qualify the Permit Holder's performance. The
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approved Permit must be available on-site for review by Department staff. Failure to comply
may result in suspension of the grading permit.
The Department of Public Works may make, or require, other inspections or testing of
any work as deemed necessary to ascertain compliance with the provisions of this Article. Any
work performed without the required inspections shall be subject to removal and replacement at
the Permit Holder's expense, regardless of the quality of the work. Any inspection hours
required outside of the normal working hours will be paid by the Permit Holder. Certain types of
work may have continuous inspection and when large scale projects exceed the ability of the
Department to provide inspection, the Permit Holder will incur the cost of a private inspection
firm. This third party inspector will be appointed by the Department prior to issuance of the
Permit.
Sec. 8-12-100. Administrative Fee.
All required fees shall be paid, in full, at the time of the Permit application. The fee
schedule for Grading Permits shall be as determined by resolution of the Board of County
Commissioners and shall be shown on the Permit (see Appendix 8-N).
Sec. 8-12-110. Appeal of Denial of Grading Permit.
If an application for a Grading Permit is denied by the Department of Public Works, or if
the applicant objects to any of the terms or conditions of a permit thereby placed by the
Department, the applicant has the right to appeal the decision to the Board of County
Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this
Code.
Sec. 8-12-120. Failure to Comply.
The issuance of the Grading Permit based on plans, specifications, or other data, shall
not prevent the Department of Public Works from requiring the correction of errors in the plans,
specifications, and other data, or from stopping excavation or construction operations being
conducted in violation of this Article or any other State or Weld County regulations. Failure of
the applicant to comply with any of the terms and conditions of the Grading Permit shall be
sufficient cause for cancellation of the Permit.
The Permit Holder shall prevent releases of sediment and water from construction sites
that has the potential to cause damage to private property or County-maintained infrastructure.
In the event that construction activities result in erosion, sediment, and water discharges
causing damage, the Permit Holder shall immediately attempt to prevent further harm, install or
replace appropriate Best Management Practices, and correct any unsatisfactory work.
Rights-of-Way damage - The Permit Holder shall correct any unsatisfactory work
including, but not limited to, defects in removal, replacement, or pavement patching. If the
Permit Holder fails to restore the County rights-of-way in the manner and to the condition
required by the Department of Public Works, or fails to satisfactorily and timely complete all
restorations required by the Department, Weld County shall have the right to perform the
restorations at the expense of the Permit Holder.
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Sec. 8-12-130. Permit Suspension or Revocation.
The Department of Public Works may deny, revoke, or suspend any Grading Permit in
order to protect the public health, safety, and welfare. Permit Holders hold Grading Permits as
a privilege. Weld County reserves its right to revoke any Grading Permit without a fee refund
whenever the Permit is issued in error or on the basis of incorrect information supplied by the
applicant, or whenever the Permit may have been issued in violation of any provisions of this
Article.
If the Department of Public Works determines that the Permit Holder has committed a
substantial breach of a term or condition of any statute, ordinance, rule, regulation or any
condition of the Permit, the Department shall notify the Permit Holder of their suspension by
either a phone call or in writing, and the Permit Holder must then remedy the violation. The
demand shall state that continued violations may be cause for revocation of the Permit. Further,
a substantial breach shall allow the Department to place additional or revised conditions on the
Permit.
Within twenty-four (24) hours of receiving notification of the suspension, the Permit
Holder shall contact the Department of Public Works with a plan of correction which must be
accepted by the Department. The Permit Holder's failure to contact the Department, failure to
submit an acceptable plan, or failure to reasonably implement the approved plan, shall be cause
for immediate revocation of the Permit and termination of work. Upon revocation of the permit
the Permit Holder will be required to re-apply for a new permit and will be charged for any
additional fees that may be applicable.
Sec. 8-12-140. Penalties.
A. Violations and penalties. The County, through the Department of Public Works or other
County departments so authorized, may enforce this Article through methods included in
this Article or through other methods adopted by the Board of County Commissioners.
B. Equitable relief in civil action. In the case of any violation of this Article, the County
Attorney, in addition to the other remedies provided by law, ordinance, or resolution, may
institute an injunction, mandamus, abatement or other appropriate action or proceeding
to prevent, enjoin, abate, or remove such violation.
C. Civil penalties. Any person, firm, or corporation violating any provision of this Article,
may be subject to the imposition, by order of the County Court, of a civil penalty. It is
within the discretion of the County Attorney to determine whether to pursue the civil
penalties set forth in this Article, the remedies set forth above, or both.
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.
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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.
The above and foregoing Ordinance Number 2011-10 was, on motion duly made and
seconded, adopted by the following vote on the 31st day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE4D COUNTY, COLOR�IDO
C� y___air
Barbara Kirkme er, C air
Weld County Clerk to the Board (/ ) �— \
lELa an P. •o ay, Pro-Tern
BY:
Deputy C rk to the ar 1861 0
kV F. Garcia
tROV S TO FORM: x�
L "� D David E. Long
o y Attorney `'j o vv19
DougladRademach
Publication: July 20, 2011
First Reading: August 22, 2011
con't to: September 19, 2011
Publication: September 28, 2011, in the Fort Lupton Press
Second Reading: October 10, 2011
Publication: October 19, 2011, in the Fort Lupton Press
Final Reading: October 31, 2011
Publication: November 9, 2011, in the Fort Lupton Press
Effective: November 14, 2011
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