HomeMy WebLinkAbout20112458.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2011-10 was introduced
on first reading on August 22, 2011, and then continued to September 19, 2011, and a public
hearing and second reading was held on October 10, 2011. A public hearing and final reading
was completed on October 31, 2011, with no change being made to the text of said Ordinance,
and on motion duly made and seconded, was adopted. Effective date of said Ordinance is
listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may
be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent
to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2011-10
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: November 14, 2011
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 31, 2011
PUBLISHED: November 9, 2011, in the Fort Lupton Press
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and I NOTICE OF FINAL READING OF
uninterruptedly in said county of Weld for a period of more ORDINANCE
than fifty-two consecutive weeks prior to the first Pursuant to the Weld County Home
publication of the annexed legal notice or advertisement; Rule Charter, Ordinance Number
g 2011-10 was introduced on first
that said newspaper has been admitted to the United reading on August 22, 2011, and
then continued to September 19,
States mails as second-class matter under the provisions 2011, and a public hearing and
of the act of March 3, 1879, or any amendments thereof, second reading was held onoctober
10,2011. A public hearing and final
and that said newspaper is a weekly newspaper duly reading was completed on October
qualified for publishing legal notices and advertisements 31,2011,with nochange being made
9 to the text of said Ordinance,and on
within the meaning of the laws of the State of Colorado. motion duly made and seconded,
was adopted. Effective date of said
That the annexed legal notice or advertisement was Ordinance is listed below.
published in the regular and entire issue of every number Aninnorma„kuppremateriayl,submitted exhibits to
of said weekly newspaper for the period of ONE the Board o untycyormnissioners
concerning this matter may be
consecutive insertion(s); and that the first publication of examinedrk to the the
office f the
said notice was in the issue of newspaper, dated 9th day CCommissioners,located in the WelCound
of NOVEMBER 2011, and the last on the 9th day of County Administration Building,
1150 O Street, Greeley Colorado
NOVEMBER 2011 between the hoursyof B:0o a.m.and
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through the Weld
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`// ��J ORDINANCE NO. 2011-10
No Public. ORDINANCE TITLE: IN THE
A MATTER OF REPFAI ING
REENACTING, WITH
- AMENDMENTS, CHAPTER 8
_\ Lop.::.
PUBLIC WORKS, OF THE WELD
/c)J —�<, COUNTY CODE
`}1 7 S"� EFFECTIVE DATE: November 14,
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BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,COLORADO
DATED: Oclobar31,2011
���_ �Q PUBLISHED: November 9,2011,in
\T the Fort Lupton Press
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NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2011-10 was introduced
on first reading on August 22, 2011, and continued to September 19, 2011. A public hearing
and second reading was held on October 10, 2011, with no change being made to the text of
said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of
the Board, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on
October 31, 2011. All persons in any manner interested in the next reading of said Ordinance
are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may
be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent
to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2011-10
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: October 31, 2011, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 14, 2011
PUBLISHED: October 19, 2011, in the Fort Lupton Press
aon- 6458
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
CD
newspaper printed and published in the County of Weld, NOTIc OFFORDIINNAANNCR
EADINGE
State of Colorado, and has a general circulation therein; Pursuant to the Weld County Home
that said newspaper has been published continuously and Rule Charter, Ordinance Number
2011-10 was introduced on first
uninterruptedly in said county of Weld for a period of more reading on August 22, 2011, and
continued
than fifty-two consecutive weeksprior to the firstg and second reld. g
y public held to g and readi
publication of the annexed legal notice or advertisement; was no channgaonbe Ober mad le'to
with
er has been admitted to the United 2 11,
the text
that said newspaper of said Ordinance. Apublic hearing
P P and third reading is scheduled to
States mails as second-class matter under the provisions be held in the Chambers of the
Board,gWeld County Administration
of the act of March 3, 1879, or any amendments thereof, Building,
1150 Street, Greeley,
ber l3 y,
and that said newspaper is a weekly newspaper duly 2011. All persons in any manner
qualified for publishing legal notices and advertisements interested in the next reading of said
9 Ordinance arerequested to attend
within the meaning of the laws of the State of Colorado. and may be heard. Please contact
the Cleric to the Board's Office at
That the annexed legal notice or advertisement was phone o (970)fax (336-0)336-7215, Extension
poor
published in the regular and entire issue of every number to the day of the hearing if, as a
of said weekly newspaper for theperiod of ONE result of a disability, you require
reasonable accommodations
consecutive insertion(s); and that the first publication of in order to participate in this
hearing. Any backup material,
said notice was in the issue of newspaper, dated 19th day exhibits or information previously
of OCTOBER 2011, and the last on the 19th day of submitted to the Board of County
commissioners concerning this
OCTOBER 2011 matter may be examined in the
office of the Clerk to the Board of
r County Commissioners, located
in the Weld County Administration
-- / Building, 1150 O Street, Greeley,
(( th Colorado,between the hours of 8:00
Publisher, Subscribed-_an swocmbefore me, his 19 a.m. and 5:00 p.m., Monday thru
Friday,or may be accessed through
5i ay of OCTOBBEE 2011" the Weld County Web Page (www.
����� / co.weld.co.us):no be in l E-Mailca messages
/ //////--///��� sent to an individual Commissioner
�/ may not be included in the case file.
\\ To ensure inclusion of your E-Mail
Notary Pu lic, \ correspondence into the case file,
please send a copy to egesickt§
I" co.weld.co.us.
ORDINANCE NO. 2011-10
ORDINANCE TITLE: IN THE
MATTER OF REPEALING
AND MED
ITH
ANMEN TS,CHAPTER 8
PUBLIC WORKS,OF THE WELD
COUNTY CODE
!;j i DATE OF NEXT READING:
- / a October 31,2011,at 9:00 a.m.
i BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,COLORADO
My Commission Expires : 02/02/2014 DATED: October 14,2011
PUBLISHED: October 19,2011,in
the Fort Lupton Press
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
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.
aol1-022-(58
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.
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 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.
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.
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.
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 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.
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
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.
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.
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.
x < x x + + • x
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2011-10 published
above, was introduced on August 22, 2011, continued to September 19, 2011, and, on motion
duly made and seconded, approved upon first reading. A public hearing and second reading is
scheduled to be held in the Chambers of the Board, Weld County Administration building, 1150
O Street, Greeley, Colorado 80631, on October 10, 2011. All persons in any manner interested
in the reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may
be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent
to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
SECOND READING: October 10, 2011, at 9:00 a.m.
THIRD READING: October 31, 2011, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 23, 2011
PUBLISHED: September 28, 2011, in the Fort Lupton Press
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said county of Weld for a period of more
than fifty-two consecutive weeks prior to the first
publication of the annexed legal notice or advertisement;
that said newspaper has been admitted to the United
States mails as second-class matter under the provisions
of the act of March 3, 1879, or any amendments thereof,
and that said newspaper is a weekly newspaper duly
qualified for publishing legal notices and advertisements
within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of ONE
consecutive insertion(s); and that the first publication of
said notice was in the issue f newspaper, dated 28th day
of SEPTEMBER 2011, an .1 srisT the 28 day of
SEPTEMBER 2011
Publisher, Subscri d d sworn before me, this 281h
day o SEPTEM ER 2011
oottarary ublic�
U �
My Commission Expires : 02/0 G/
MIunrxraa.LUM YvnxvtWAI,otritaatt LO,ZV I I rWKM WYIUN rKtbb 1J
LEGAL NOTICES _
Al rLJ a decision, you have a right to ask regarding releases of sediment plan, or sanitary landfill ap roved disturbed by construction but are not limited to,the following:
for a rehearing, or a new teal, or and water from construction sites. by the County. However,a Grading
to appeal, as provided in C.R.S. This policy shall apply within all Permit may be required for over Land Disturbance Activity means 1. Water quality protection: The
13-4-102 and ' 19-1-109. There unincorporated areas of Weld one(1)acre of ground disturbed for any activity, which changes the proposed construction must include
age 14 are time limits for the motions for County as of the effective date of construction of roads, driveways, volume or peak flow discharge proposed installation and provision
rehearing, for a new trial, and for this Article. buildings, parking areas, accesses, rate of precipitation runoff from the for maintenance of adequate
-- filing an appeal and,if you fail to act drainage facilities, landscaping, or land surface. This may include the sediment and erosion control Best
PARENTS GUARDIAN within the time.limits,you may lose Sec.8.12.20. Purpose. other construction not directly in the grading, digging, cutting, scraping, Management Practices (BMPs)
ER RESPONDENTS your rights. You should seek advice This Article recognizes the mined area or landfill. or excavating of soil, placement of that,to the extent possible,prevent
from a lawyer on these time limits if importance of protecting the fill materials, paving, construction, erosion and/or release of sediment,
ABOVE ,SPECIFICALLY
IANCHE`L,GREETING: you have questions. health, safety, and welfare of the 5.Site wellpreparation a for an oil or gas substantial ct removal whic of vegetation, ado e and/or
public, protection of water ht quality h drill Colorado
Oil pad approved byry the or any activity which bares soil or pumped waterthedischarges onstrue to area.
a hereby notified that a 9. u the Petition m is sustained, the and private e property ghtminimum
This mmisOil and Gas Conservation rockor involves the diversion or waters from the construction area.
Petition has been filed in Court may make orders affecting uie describes or the mo of Commission is exempt from grading piping wr of any natural or man-made
re—named Court in which and person named in the Petition requirements for prevention of permit requirements. watercourse. 2.Adjacent property protection: The
resented to the Court that and concerning the custody,(ten) care dto Cl or water
impacts proposed construction must includentl
ove-named children are and dincluding of the child en),up toof Weld County water rty, and C my capital improvement or Lines means all le hone, and sediment and erosion control
:nt or neglected children for and including ordering termination of damages to pnvate property and County maintenance projects within power,overhead cable, telephone, electric BMPs that, to the extent possible,
ions set forth more fully in the Parent-Child legal relationship. Weld County infrastructure by Right-of-Way, except where the power, wire, gas, and irrigation prevent damage, erosion and/or
Wien and for determination of A.separate hearing with a higher construction activities within the construction lies within a designated lines, appurtenances, structures, or release of any sediment,excessive
i,a copy of which is attached standard of proof must be held County The goals are: Municipal paree Storm Sewer pipelines. stormwaler, and/or pumped water
and incorporated herein by before such termination is ordered. Systems(M54)area discharges from the niesconstruction
e for greater certainty. Termination of the Parent-Child legal A. To prevent sediment releases, Municipal Separate Stormwater area to adjacent properties and
relationship means that the child erosional damage, or excessive 7. Maintenance and cleaning of System (MS4) is defined by the roadways.
(ten) who is/are the subject matter water discharges from construction existing ditches, lakes, ponds, and Federal Environmental Protection
espondents are hereby
that Termination of the of this Petition would be eligible for sites on to adjoining private water storage reservoirs, except Agency (EPA) in 40 CFR 122 3. Constructability: Installation
adoption. property. where the construction lies within a as a conveyance or system of of BMPs, trenches, excavations
'ssibLegal Relationship Y Y
stale remedy available if designated MS4 area. drainage onnas systems,s roads and otherable construction tobe practices
ition alleging that a child Published in28,the Fort Lupton Press w water o discharge
damage am,sediment,too and with ctch curbs,municipal must inb n performnn
endent or neglected is September 2011 to County of Maintenance ing and resurfacing streets,catch basins, gutters,channels, according topr general rte proposed
id A separate hearing must -- maintained bridges,gs that such as of existing streets/roads,ilstem runways, storm man-made er or and construction ct n o must The proposed
before such termination is roads and er that results in sidewalks trail systems, parking aate,county,
o owned or operated licft not create a
Termination of the Parent- NOTICE TO CREDITORS costs to taxpayers. beds exempt areas and railroad e by a areas coo waters city of town eUnited that public safety hazard.
gal Relationship means thatstate C. ABE beds is from grading permit discharges into the B.Changes
tren who are the subject of a/k/a CHIQUITA VA BENNETT, urfacC.To erwater event uali e y Band the abili tion f requirements. States. approvedGrad Approved
PermPermit.
shall not
:ition would be eligible for Deceased of existing ditches, channels, and 9. Performance of emergency work Permit Holder means the owner, be changed, modified, or altered
1. swales to drain due to sediment necessary to prevent or mitigate an operator, person, and/or entity without written authorization from
further notified that the Court Case Number:11 PR 469 releases. immediate threat to life or property constructing, excavating, or the Department of Public Works. All
said Petition for hearing on when an urgent necessity arises. occupying the construction site work shall be done in conformance
6,2011,at the hour of 2:45 All persons having claims against the Sec.8-12-30. Grading Permit The person performing such who has obtained a grading permit with the approved Permit.
above-named estate are required A.Issuance of Grading Permit. A emergency work shall promptly notify pursuant to this Article.
to present them to the Personal Grading Permit shall be issued only the Department of Public Works C. Permit Limitations. An approved
35 my hand and seal of said Representative or to the District in compliance with the rules and of the problem and work required. Right-of-Way(ROW)means a strip Grading Permit requires the
is 8th day andf seal o said Court of WELD County,Colorado on regulations set forth in this Article. Any person(s) performing such of land that is granted through Permit Holder to meet certain
or before January 30, 2012, or the In no event shall construction emergency work shall immediately an easement, plat, or other legal permit specifications and general
claims may be forever bared. be allowed or permitted if-it is notify the Public Works Director of the mechanism for transportation engineering. The Department of
detrimental to the public health, situation and the actions taken. The purposes, such as a roadway or Public Works shall be responsible
21NE L.WALKER
the District CouR I Matthew S.Skotak,Attorney for welfare,and safety. Public Works Director may,however, highway. for ensuring compliance with such
Personal Representative require such person(s) to obtain a specifications and standards. The
Russell E.Severance B.Necessity for a Grading Permit. grading and erosion control permit Sediment and Erosion Control issuing and granting of the Grading
R.White 2696 S.Colorado Blvd.,Suite 350- Unless an exemption exists, a fo implement remedial measures to Plan is a document that shows the Permit shall not be construed to be
Clerk
Denver,CO 80222 Grading Permit is required for minimize erosion resulting from the proposed finished contours and a permit for, or an approval of, any
E OF LEGAL RIGHTS AND construction activities that disturb emergency. depicts the location of all erosion violation of any of the provisions of
PRIVILEGES Published in the Fort Lupton Press over one(1)acre of land. and sediment control measures this Article or of any regulations of
September 28, October 5 and 12, 10. Enlargements to parking areas (BMPs). li the State or County. Additionally,the
-IE PARENTS,GUARDIAN 2011 C.No Work Without Permit. No less than one (1) acre larger than issuance of the Grading Permit shall
IE PAR PARENTS,
GUARDIAN
--—-- person or entity may surface disturb, : the original area of existing parking Sec. 8-12-50. Grading Permit not be construed as the approval or
DD IN THIS SUMMONS AND grade, construct, or excavate facilities for commercial, industrial Application. issuance of any necessary permits
PETITION WELD COUNTY over one acre of non-exempted and institutional uses. referred to in Chapter 29 of this
CODE ORDINANCE 2011-10 ground without first having Complete Application Required. I Code.
n concerning the chin(ren) IN THE MATTER OF REPEALING obtained a Grading Permit from the 11.Graves in cemeteries. Applicants shall file a complete
lio
in filed this Court. Department of Public Works. In application fora Grading Permit.The D.Indemnification. Every approved
AND REENACTING, WITH addition, no person or entity may 12. Land disturbance associated application shall be submitted to the Grading Permit issued shall include
Summons must be served AMENDMENTS, CHAPTER 8 ' grade,excavate,construct,or leave ' with the construction of natural Building Inspection Department on the following language: "Permit
PUBLIC WORKS, OF THE WELD disturbed and un-stabilized over surface trails may be exempted behalf of the Department of Public holder, its agents, employees,
uu not less than five days COUNTY CODE
the adjudicatory hearing.A ex one acre of non-exempted ground the Director of Public Works Works. Based upon the information subcontractors, contractors, and
beyond the date or dates specified except within designated MS4 provided in the application, assigns hereby agree to hold Weld
ance or the hearing will be BE IT ORDAINED BY THE BOARD
in the Permit unless:(1)the person areas provided that the procedure additional submittals may be County, Colorado, the agencies
for a reasonable time upon OF COUNTY COMMISSIONERS
or entity requests a wn"tten extension outlined below is completed prior required by the Department of thereof, and their officers and
ruse shown to the Court.You OF THE COUNTY OF WELD,
tired to appear at the hearing STATE OF COLORADO: before the expiration of the initial to commencement of any trail Public Works if sufficient information employees harmless from any
ten in this summons. If you Permit, and (2) aa new Permit or construction. If exempted, the was not provided for review of the and all loss and damage or any
appear,the Court can and will WHEREAS, the Board of County extension is granted. land disturbance associated with application. An application shall be claims which may arise out of, or
t you have admitted all the the construction of natural surface in the ered co d tote if it is submitted be nconnected the with,the construction
Commissioners of the County of D.Exemptions. The following land trails shall generally conform with in required form, includes all within area covered by this
vas Ira in the ainsntition and enter Weld, State of Colorado, pursuant disturbance activities are permissible the performance standards of this mandatory information, including I permit;excluding any such loss and
9 you. to Colorado statute and the Weld without obtaining a Grading Permit. section. all supporting materials specified by damage or any claims (including
lave the right to bepresent County Home Rule Charter,is vested Other permits, such as Right-Of- application, and is accompanied by consequential damages)which may
:aria s of this case, syour with the authority of administering Way,Flood Hazard,or I.S.D.S.,may Sec. . Definitions. the applicable fee. If an application be caused solely by the negligence -
9 the affairs of Weld County,Colorado, still be required. For the purpose of this Article, the is determined to be incomplete,the of Weld County,the agenciesthereof,
the care, custody, control, and following terms, phrases, words, Department of Public Works shall or its officers and employees."
ardianship of the child(ren)
in the Petition may be WHEREAS, the Board of County
1.Projects is which involve less than and their derivations shall have the provide notice to the applicant,
Commissioners, on December 28, total of one(1)acre(43,560 square meanings given herein: along with an explanation of the Eradingt Expiration.Every approved
• 2000, adopted Weld County Code feet)of disturbed ground surface or application's deficiencies. No Grading Permit shall expire if the
ove thed hi to havealaw lawyer D graded area, unless the Colorado Acre means a total area of 43,560 further processing of the application construction of work authorized
9 y I Ordinance 2000-1, enacting a Department of Public Health and square feet. shall occur until the deficiencies are by the Permit is suspended or
nt you in these proceedings comprehensive Code for the the County Environment has required a Storm corrected in a future re-submittal. abandoned for aperiod of one 1
ave that lawyer present at all of Weld,including the codification ofp ( )
3. If you want a lawyer but ! Construction nsr torm Flan(SWMP) a a or the purposes
es oft this h (AMPe, o be incomplete which may, or determined year at any time after thecan work has
snot afford to pay a la er, f previously adopted entnature rm Storm Water Discharge are, for the purposes of control to tssame
l not, begun.r Before work begin
lawyer, of a tgeneral onor befored permanent nature permit. methods eod and sediment determined control retain its same processing cycle. br r i sued by the Permit nt of
y apply for court-a ourt wd adoptetl on or said date of that EPA quidne ) t be reissued by the Department of
If you qualify,r torepresent the Court will adoption,and developments
lots in subdivision (according to EPA gupractical idance) to be A complete application will typically Public Works.
a lawyer to you. 9 ) P engineering YP y
y waive the right to a lawyer. , WHEREAS,the Weld County Code ow elo hip, in under ingless the same the most effective,orreducing means include and cidil by drawings
ownership, involving ar than one ' of'preventingnon-point sources. pollution r Civil aned sealed i a registered ttef holderF Permit Extension.u Any permit
have a right to a trial by a is need regardof revision andrclarification terms, (1)be con of red separate pa area,shall if purposes urp this rtiFor the olEngineer in the State shall l with an unexpired, wtiGrading
he ad judicatory hearing. If with uine at procedures, they considered projects if dr of Article, BMPs include ads drawings g Permit xtes may apply, in writing,for an
1 ry 9 and requirements therein. are contiguous. address prevention of water construction lion include a grading plan showing extension of the time within which
rot request a jury trial at theand control of dust from existing and proposed contours work may begin under that Permit
i deny the allegations in the NOW, THEREFORE, o BE IT b.Any series of related projects or sites. and elevations, and drainage if the Permit holder is unable to
the matter will be heard ORDAINED by the Beard of County connected projects on one site, plan. In addition, a Sediment and begin or complete work within the
hery Court.At th Y fime of ou have he Commissioners of the County of which together exceed the one (1) Contractor means any party Erosion Control plan that shows the time required for good cause, and
ito hearingWeld,State of Colorado,that certain acre limitation shall be considered a performing the installation and location and types of BMPs to be that the cause is acceptable to the
question any witness who existing Chapters of the Weld County singleproject a Permit yP of P
at the hearing and to bring Code be,and hereby are, repealed to obtin Grading
Permit. For who construction obtains a for permit pursuant dto Typical BMP installation der l utilized at the site shall beetails and shall be an extension fee assessed
any witness. If you request, and re-enacted, with amendments, example, several 1'b 000 square this Article. A contractor may be a maintenance notes should also be to cover administrative costs.
irt asmayr order
pees ns to be and the various Chapters are revised foot segments mat add up to over Permit Holder under this definition. on the drawings.
Y to read as follows. ' one(1)acre total area that connect i Sec.8-12-70. County Authority.
in the Petitionto form a road would be considered Disturbed Area means that area of Sec.8-12-60. Application Review,
sroven statementsby a in preponderance PUBLIC CHAPTER 8 a single project and would require a the land's surface disturbed by any I Grading Permit Issuance, Permit I The Department of Public Works
,pence at the adjudicatory
Grading Permit. work activity upon the property by Expiration and Permit Extension. shall have the authority to suspend
If the Indian Child Welfare Add the following: means including, but not limited I work, wholly or in part, because
applicable the Ito to this C case, the A h 2.Tillage of agricultural land is exempt to, grading; excavating; stockpiling A. Review Process. The of the failure of the Permit Holder
1 plof proof the sdcase, the from grading permit requirements. soil, fill or other materials; clearing; application and other data filed to property execute the work in
is clear and convincing Grading Permit Policy ory
vegetation removal; removal or by an applicant for a Grading accordance with this Article.
e 3. Trenching incidental to the deposit of any rock, soil, or other Permit shall be reviewed by the
construction, maintenance and materials; or other activities which Department of Public Works. The Sec. 8-1240. Permit Holder's
avearighttoa hearing before Sec.8-12-10. General. installation of approved underground expose soil. Disturbed area does application may also be reviewed General Responsibilities.
1 9 The Grading Permit is a tool pipelines,electricalorcommunication not include the tillage of land that by other departments or agencies A Permit Holder is responsible for
het court all hearingsi eeadpt the ad of a to ensure that the County has facilities where less than one (1) is zoned agricultural or the tillage to verify compliance with any the following items. Additional
yyreviewed proposed erosion and acre is disturbed is exempt from of a parcel zoned PUD (planned applicable laws. If the Department requirements and more detailed
Icy or Paadvisement is
allowed hearing sediment control practices for grading perntt requirements. unit development) within the area finds that the work described in an information are shown in the Special
1 the.You can lose that right by planned construction activities Trenching for pipelines, electrical, identified for agricultural uses. application for a Grading Permit Provisions of the Grading Permit.
with the goal of avoiding potential or communication facilities or for conform to the requirements and
:o gspecial
a timely mu request. a here damages. A Grading Permit grants future maintenance,where the total Grading means excavation, cutting, regulations set forth in this Article, A. Best Management Practices.
oes e d l rules regarding
the Permit Holder permission to disturbed area exceeds one(1)acre, filling clearing and grubbing, meet the requirements defined in Permit Holder shall ensure that all
atGalin a mpgsorer times declimitssion. conduct construction activities within shall not be exempt. Construction stockpiling, and re-contouring the the Department of Public Works erosion and sediment control BMPs
9I the requirements of applicable State of access required to complete the land surface or any combination of Design Standards and Criteria or shown on the approved plans are
old consult a lawyer if you regulations and provides the County trenching or for future maintenance these. other pertinent laws regulations or
lesiestions.the DUSeetlo Rules for with sufficient oversight to minimize shall not be exempt. ordinances,and that all required fees
Inds. the potential for offsite damages. Grading Plan means the construction have been paid, a Grading Permit (`
In addition, construction activities 4.Land disturbanceorexcavations in drawing or other depiction showing shall be issued to the applicant. U See LEGALS'udiceto in Weld County must be compliant accordance with plans incorporated the existing and the proposed Criteria upon which the Grading
ae end of the ad
when the Court has made with applicable State regulations in a mining peit, reclamation elevation contours of the area to be Permit shall be considered include, page 16
LEGAL NOTICES
LEGA LS in the manner and to the condition result in erosion, sediment, and portions hereof. The Board of public hearing and second reading total.
V�j J j required,the Department may have water discharges causing damage, County Commissioners hereby was held on September 7, 2011.
the County perform the restorations. the Permit Holder shall immediately declares that it would have enacted A public hearing and final reading A thru J-No change
from a e 15 In that event,the Permit Holder shall attempt to prevent further harm, this Ordinance in each and every was completed on September 19,
p gpay to the County, within 30 days install or replace appropriate Best section, subsection, paragraph, 2011, with changes being made as K. Cargo container as Access
of billing, the cost of restoring the Management Practices,and correct sentence,clause,and phrase thereof listed below, and on motion duly STRUCTURE. One (1) ca
County rights-of-way. any unsatisfactory work. irrespective of the fact that any one made and seconded,was adopted. container as an Access
correctly installed,and maintained. or more sections, subsections, Effective date of said Ordinance is STRUCTURE in the A(A ricultu
J. Ownership and Maintenance. Rights-of-Way damage - The paragraphs, sentences, clauses, listed below. Any backup material, Zone District may be allowed
B. Other permits. Permit Holder Permit Holder shall own, maintain, Permit Holder shall correct any or phrases might be declared to be exhibits or information previously storage of goods inside the i
shall secure all permits required by operate, and repair all work on unsatisfactory work including, but unconstitutional or invalid. submitted to the Board of County on lots in an approved or recur(
federal,state,and local agencies. private property in accordance with not limited to, defects in removal, Commissioners concerning this subdivision plat,or LOTS which
the regulations, conditions, and replacement,or pavement patching. NOTICE matter may be examined in the part of a map or plan filed prior
C. Insurance. Permit Holder shall terms of this Permit. If the Permit Holder fails to restore office of the Clerk to the Board of the adoption of any regulatk
secure and maintain insurance the County rights-of-way in the PURSUANT to the Weld County County Commissioners, located controlling subdivisions in the
policies that will protect them, their K. Warranty of Right-of-Way. manner and to the condition required Home Rule Charter, Ordinance in the Weld County Administration (Agricultural)Zone District. Two
subcontractors, and Weld County Weld County does not warrant by the Department of Public Works, Number 2011-10 published above, Building, 1150 0 Street, Greeley, cargo containers may be altos
from claims for bodily injury, death, its ownership of rights-of-way or fails to satisfactorily and timely was introduced on August 22, Colorado,between the hours of 8:00 on property of less than eighty ti
or property damage,which may arise which may be the subject of any complete all restorations required 2011, continued to September 19, a.m. and 5:00 p.m., Monday thru acres in size,when not on a LO1
from the excavation, installation issued Permit. Permit Holder is by the Department, Weld County 2011, and, on motion duly made Friday,or may be accessed through an approved or recorded subdivis
and/or construction contemplated responsible for determining the shall have the right to perform the and seconded, approved upon the Weld County Web Page(www. or a LOT which is part of a map
or caused by the construction as ownership of properties subject to restorations at the expense of the first reading. A public hearing and co.weld.co.us). E-Mail messages plan filed prior to adoption of (
permitted herein. its construction. Permit Holder. second reading is scheduled to be sent to an individual Commissioner regulations controlling subdivisio
held in the Chambers of the Board, may not be included in the case file. Up to five(5)cargo containers n
D.Surety. If deemed necessary by Sec.8-12-90. Inspections Sec.8-12-130. Permit Suspension Weld County Administration building, To ensure inclusion of your E-Mail be allowed on property equal to
the Planning Department through the Inspections during the construction or Revocation. 1150 0 Street, Greeley, Colorado correspondence into the case file, greater than eighty (80) acres
land use change process,or by the period will be made by the The Department of Public Works 80631, on October 10, 2011. All please send a copy to egesick@ size. Additional containers may
Department ofPublicWorks,Grading Department of Public Works to may deny, revoke, or suspend persons in any manner interested co.weld.co.us. allowed on all lot sizes,as descrit
Permit holders shall provide a surety ensure that work is progressing in any Grading Permit in order to in the reading of said Ordinance ORDINANCE NO. 2011-9 in Subsection 23-3-40.AA.A cat
bond and/or other security for the compliance with the Permit. It shall protect the public health, safety, are requested to attend and may be ORDINANCE TITLE: IN THE container used for storage,an offi
total amount required to stabilize, be the responsibility of the Permit and welfare. Permit Holders hold heard. MATTER OF REPEALING a DWELLING or any habitable(
restore, or reclaim the disturbed Holder to provide safe access to Grading Permits as a privilege. AND REENACTING, WITH shall require the issuance of build
ground to prevent erosion and/ the work site for the Department Weld County reserves its right to Please contact the Clerk to the AMENDMENTS, CHAPTER 23 permits. The following conditic
or release of sediment, excessive and to all others, as authorized by revoke any Grading Permit without Board's office at phone (970) ZONING,OF THE WELD COUNTY shall apply:
storm water, and/or pumped water law,for inspection at all reasonable a fee refund whenever the Permit 336-7215, Extension 4225, or fax CODE
discharges to surface waters from times during the execution and upon is issued in error or on the basis of I (970) 352-0242, prior to the day EFFECTIVE DATE: October 3, 1. Electricity is the only utility wh
the construction area. Said security completion of the work. At the time incorrect information supplied by the , of the hearing if, as the result of a 2011 will be connected to the cal
shall remain in effect for a period of inspection, the Department may applicant, or whenever the Permit ' disability, you require reasonable container used solely for story
of twenty-four (24) months after order the immediate termination of may have been issued in violation of accommodations in order to BOARD OF COUNTY Cargo containers that have b(
all completion of construction and any work which poses,or is causing, any provisions of this Article. participate in this hearing. COMMISSIONERS retrofitted for habitation can
establishment of erosional stability a serious threat to the life, health, WELD COUNTY,COLORADO connected to wet and dry utilit
The amount of the security shall safety,or well-being of the public. If the Department of Public Works Any backup material, exhibits or such as water,sewer and electric
be sufficient to stabilize a disturbed determines that the Permit Holder information previously submitted to DATED: September 23,2011
site to prevent releases of sediment It shall be the responsibility of _has committed a substantial the Board of County Commissioners PUBLISHED: September 28,2011, 2.The cargo container can be us
and water from construction sites the Permit Holder to notify the breach of a term or condition of any concerning this matter may be in the Fort Lupton Press as a DWELLING or as overnight
and protect the health, safety, and Department of Public Works when statute, ordinance, rule, regulation examined in the office of the temporary housing as long as '
welfare of the public. The amount work is ready for inspection. The or any condition of the Permit, the Clerk to the Board of County CHANGES MADE TO CODE cargo container has been retrofit
shall be based on cost estimates Department requires that every Department shall notify the Permit Commissioners,located in the Weld ORDINANCE #2011-9 ON FINAL and designed to meet all st
of site restoration provided by the request for inspection be received Holder of their suspension by either County Administration Building, READING and local Housing and Build
applicant and approved by the Weld at least forty-eight(48)hours before a phone call or in writing, and the 1150 0 Street, Greeley, Colorado, Codes. The cargo container t
County Engineer. Whether or not such inspection. Such requests may Permit Holder must then remedy the between the hours of 8:00 a.m.and Amend Sec.23-1-90 as follows: has been retrofitted for an offi
covered by surety Permit Holder be made by telephoning, emailing, violation. The demand shall state 5:00 p.m., Monday thru Friday, or CARGO CONTAINER: A DWELLING, or any habitable u
shall reimburse Weld County for or faxing the Department. The that continued violations may be may be accessed through the Weld receptacle with all of the following shall be designed by a livens
any and all expenses incurred by presence of Department employees cause for revocation of the Permit. County Web Page (www.co.weld. characteristics: professional.
Weld County within 24 months after on-site shall not guarantee or qualify Further, a substantial breach shall co.us). E-Mail messages sent to
completion of any work, as a result the Permit Holder's performance. allow the Department to place an individual Commissioner may a thru d-No change. 3-No change.
of, or related to, failure by Permit The approved Permit must be additional or revised conditions on not be included in the case file.
Holder to perform all installation, available on-site for review by the Permit. To ensure inclusion of your E-Mail e. Having a cubic displacement of 4. The applicant shall not remc
construction, maintenance or other Department staff. Failure to comply correspondence into the case file, one thousand (1,000) cubic feet or any structural component of I
work pursuant to the permit, in a may result in suspension of the Within twenty-four (24) hours please send a copy to egesick@ more for a cargo container used cargo container used for story.
workmanlike manner. grading permit. of receivingsolely notification of the co.weld.co.us. for storage. Cargo containers an office, a DWELLING, or e
suspension,the Permit Holder shall used for DWELLINGS shall conform habitable use.
E.Utility Locates. The Permit Holder The Department of Public Works may contact the Department of Public SECOND READING: October 10, to the bulk requirements in each
shall be responsible for utility locates make, or require, other inspections Works with a plan of correction 2011,at 9:00 a.m. zone district. 5. A cargo container used
in advance of the construction or testing of any work as deemed which must be accepted by the THIRD READING: October 31, storage, an office, a DWELLIN
or excavation. Permit Holder is necessary to ascertain compliance Department. The Permit Holder's 2011,at 9:00 a.m. f-No change. or any habitable use shall I
responsible for any damages to with the provisions of this Article. failure to contact the Department, be allowed to fall into a state
existing utilities or structures. Any work performed without the failure to submit an acceptable plan, BOARD OF COUNTY Amend Sec.23-3-20. Uses allowed disrepair.Such disrepair may inck
required inspections shall be subject or failure to reasonably implement COMMISSIONERS by right. a cargo container that is partially
F. Traffic Control. Construction to removal and replacement at the the approved plan, shall be cause WELD COUNTY,COLORADO No BUILDING,STRUCTURE or land totally damaged by fire,earthqua
activities impacting the County Permit Holder's expense,regardless for immediate revocation of the shall be USED and no BUILDING wind or other natural causes, or
rights-of-way shall not interfere with of the quality of the work. Any Permit and termination of work. DATED: September 23,2011 or STRUCTURE shall hereafter be in a state of general dilapidatii
movement of traffic or compromise inspection hours required outside Upon revocation of the permit the PUBLISHED September 28,2011, erected,structurallyaltered,enlarged deterioration or decay resulting fn
public safety.A County Right-of-Way of the normal working hours will be Permit Holder will be required to re- in the Fort Lupton Press or maintained in the A(Agricultural) a lack of maintenance,vandalism
permit maybe required in addition to paid by the Permit Holder. Certain apply for a new permit and will be Zone District except for one (1) or infestation with vermin or radar
a Grading Permit. types of work may have continuous charged for any additional fees that more of the following USES. Land Any such cargo container used
inspection and when large scale maybe applicable. NOTICE in the A(Agricultural) Zone District storage, an once,or a DWELLII
G.Emergency Conditions. When a projects exceed the ability of the is subject to the schedule of bulk shall be restored to,and maintair
.condition arises where emergency Department to provide inspection, Sec.8-12-140. Penalties. The Board of County Commissioners requirements contained in Section in, the original condition it was
work must be performed, the the Permit Holder will incur the cost A.Violations and penalties. The of Weld County,Colorado,on August 23-3-50 below. USES within the at the time it was placed on I
applicant shall immediately notify of a private inspection firm.This third County, through the Department 10, 2011, conditionally approved A (Agricultural) Zone District shall site as established by the origi
the Department of Public Works party inspector will be appointed by of Public Works or other County a Site Specific Development Plan also be subject to the additional inspection by the Department
of the emergency event, type and the Department prior to issuance of departments so authorized, may and Use by Special Review Permit requirements contained in Articles Building Inspection, or it shall
extent of work. Within two (2) the Permit. enforce this Article through methods #1779 for the property and purpose IV and V of this Chapter. removed from site.
business days after the occurrence included in this Article or through described below. Conditional
of the emergency,the applicant shall Sec. 8-12-100, Administrative other methods adopted by the Board approval of this plan creates a A thru Z-No change 6. A cargo container used sob
apply for the necessary permits,pay Fee. of County Commissioners. vested property right pursuant to CONTAINER(S) for storage shall be removed fn
the rest of theated requirementsdneclessary at the lthe time of theed fees sPerlmiit applicatio in n. B. Equitable relief in civil action. In pprticle eriod of8 of three yyle ears. C R.S., for a as aCARGO SINGLLE-FOAMILY DWELLING USE.the ropert' upon cessation of I
to comply with the Grading Permit The fee schedule for Grading the case of any violation ofthisArticle, DOCKET#: 2011-34 UNIT and AUXILIARY QUARTERS
for the actions the Applicant took in Permits shall be as determined by the County Attorney, in addition APPLICANT: per LEGAL LOT. Remainder of Section-No chang
response to the emergency. resolution of the Board of County to the other remedies provided by Tim and Jeanne Iverson
Commissioners and shall be shown law, ordinance, or resolution, may Go Lafarge West,Inc. Amend Sec. 23-3-30. Accessory Amend Sec. 23-3-110. R-1 (Lc
H. Drainage Interference. A Permit , on the Permit(see Appendix 8-N). institute an injunction, mandamus, 11409 Business Park Circle, Suite uses. Density Residential)Zone District
Holder shall not obstruct the natural , abatement or other appropriate 200 The following BUILDINGS, A thru 8.7-No change.
free and clear passage of water Sec.8-12-110. Appeal of Denial of action or proceeding to prevent, Longmont,Colorado 80504 STRUCTURES and USES shall
along the roadside ditch flow lines : Grading Permit. enjoin, abate, or remove such LEGAL DESCRIPppTION: Part of be allowed in the A (Agrculas ttural) 8. CARGO CONTAINER used at
or other drainage is to be affected,. If rfthe is dence If an edlby the Department of Public Permit violation. the SE1/4�/p part of theEi2 NWl/4 aart of the l/2 Zone District so nd clearly incidental and ACCESSORY LEGAL LOT, said SINGLE-F are SINGLE-FAMILY DWELLING AMI Holder is responsible for Works, or if the applicant objects C. Civil penalties. Any person,firm, part of the W1/2 NE1/4 all in Section to the Uses Allowed By Right in WELLING shall be connected
the proper runoff management to to any of the terms or conditions or corporation violating any provision 34, Township 6 North, Range 66 the A (Agricultural) Zone District. and served by, a PUBLIC WATI
prevent erosion and/or release of of a permit thereby placed by the of this Article,may be subject to the West of the 6th P.M.,Weld County, Such BUILDINGS, STRUCTURES system and a PUBLIC SEWI
sediment, excessive storm water, Department, the applicant has the imposition, by order of the County Colorado and USES must be designed, system. This requirement does i
and/or pumped water discharges right to appeal the decision to the Court, of a civil penalty. It is within TYPE AND INTENSITY OF constructed and operated in apply to an LEGAL LOT creat
to adjacent properties and surface Board of County Commissioners, the discretion of the County Attorney APPROVED USE: For a Mineral conformance with the bulk prior to the original effective date
waters from the construction area. in writing, utilizing the appeal to determine whether to pursue the Resource Development Facility, requirements contained in Section this Chapter(August 25,1981).
procedures set forth in Section 2-4- civil penalties set forth in this Article, including Open Pit Gravel Mining 23-3-50 below.ACCESSORY USES
I. Site Stabilization, Restoration, 10 of this Code. the remedies set forth above, or (dry mining) in the A (Agricultural) within the A (Agricultural) Zone
and Clean Up. The Permit Holder both. Zone District District shall also be subject to the NOTICE OF FINAL READING 0
shall assume all responsibility for Sec.8-12-120. Failure to Comply. SIZE OF PARCEL: 83.06 acres, additional requirements contained ORDINANCE
stabilizing the permitted site to The issuance of the Grading Permit BE IT FURTHER ORDAINED by the more or less in Articles IV and V of this Chapter.
prevent erosion and discharges based on plans, specifications, or Board that the Clerk to the Board be, Note: The combined GROSS Pursuant to the Weld County Hor
of sediment. The Permit Holder other data, shall not prevent the and hereby is, directed to arrange Failure to abide by the terms and FLOOR AREA of all ACCESSORY Rule Charter, Ordinance Numt
shall also assume all responsibility Department of Public Works from for Colorado Code Publishing to conditions of approval will result in BUILDINGS constructed after 2011-6 was introduced on fi
for removing all debris associated requiring the correction of errors in supplement the Weld County Code a forfeiture of the vested property the original effective date of this reading on July 25,2011,which w
with the construction activities in the plans, specifications, and other with the amendments. contained right. Chapter (August 25, 1981) on continued to August 22,2011,an(
the County rights-of-way. If, upon data, or from stopping excavation herein, to coincide with chapters, LOTS in an approved or recorded public hearing and second readi
inspection,the Department of Public or construction operations being articles, divisions, sections, and BOARD OF COUNTY subdivision plat or LOTS part of a was held on September 7, 20'
Works determines that there is risk conducted in violation of this subsections as they currently exist COMMISSIONERS map or plan filed prior to adoption A public hearing and final readi
of erosional damage, sediment Article or any other State or Weld within said Code; and to resolve WELD COUNTY,COLORADO of any regulations controlling was completed on September
discharges, or debris has not been County regulations. Failure of the any inconsistencies regarding subdivisions of less than ten (10 2011, with changes being made
removed from the Coi ntir rights- applicant to comply with any of the capitalization, grammar, and DATED: September 23,2011 acres shall not exceed four percen listed below, and on motion di
of-way, the Department st aI notify terms and conditions of the Grading numbering or placement of chapters, PUBLISHED September 28,2011, (4%)of the total lot area, except in made and seconded,was adopt(
the Permit Holder of the violation Permit shall be sufficient cause for articles, divisions, sections, and in the Fort Lupton Press Regional Urbanization Areas,which Effective date of said Ordinance
of the Permit conditions. The cancellation of the Permit. subsections in said Code. shall adhere to RUA development listed below. Any backup materi
Permit Holder, upon notification The Permit Holder shall NOTICE OF FINAL READING OF standards.However,in no case shall exhibits or information previous
from the Department, shall correct prevent BE IT FURTHER ORDAINED by such an accessory building exceed submitted to the Board of Cour
all work, to the extent necessary. releases of sediment and water the Board if any section,subsection, ORDINANCE twice the GROSS FLOOR AREA
The work shall be completed within from construction sites that has paragraph, sentence, clause, or of the primary residence on the lot
the time period specified in the the potential to cause damage phrase of this Ordinance is for Pursuant to the Weld County Home except by variance.Any accessory
notice from the Department. If the to private property or County- any reason held or decided to be Rule Charter, Ordinance structure made nonconforming by ■ see LEGAL
Permit Holder fails to establish site maintained infrastructure. In the unconstitutional,such decision shall was introduced on first application of this Section may be
stability or restore the rights-of-way event that construction activities i not affect the validity of the remaining reading on August 22, 2011, and a repaired, replaced or restored in page 1
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing
will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning
Department, 918 10th Street, Greeley, Colorado, for the purpose of considering amendments to certain
sections of the Weld County Code, as currently amended. A subsequent First Reading will be held in the
Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the dates and times specified below. A
Second and Third reading of said Ordinance will be considered on September 12, 2011, and October 3,
2011.
The complete case file may be examined by calling the Department of Planning Services at(970)
353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of
County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado
80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission
hearing, please call the Department of Planning Services to obtain the appropriate contact
information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-
mail egesick@co.weld.co.us.
If a court reporter is desired for either hearing, please advise the Department of Planning
Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with
Disabilities Act, if special accommodations are required in order for you to participate in this hearing,
please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the
Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before
the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of
quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at
the numbers above, for hearing continuance information.
DOCKET#: 2011-48 and 2011-49
PLANNING COMMISSION DATE: August 2, 2011
TIME: 1:30 p.m.
BOARD OF COMMISSIONERS DATE: August 22, 2011
TIME: 9:00 a.m.
PLANNER: Tom Parko and Chris Gathman
REQUEST: Weld County Code Ordinance#2011-9 and Ordinance#2011-10, In the Matter of Repealing
and Re-Enacting, with Amendments, Chapter 23 Zoning and Chapter 8 Public Works, of the Weld County
Code.
PLANNING COMMISSION
WELD COUNTY, COLORADO
DATED: July 15, 2011 E-MAILED/FAXED
PUBLISHED: July 20, 2011, in the Ft. Lupton Press
KJar tern
2011-2458
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO NOTICE •
Pursuant to the zoning laws of the I
COUNTY OF WELD SS. State of Colorado and the Weld
CountyCode, a public hearing will
be held before the Weld County
I, Allen Messick, do solemnly that I am the Publisher Planning Commission in the Hearing
swear Room, Weld County Planning -I
of the Fort Lupton Press that the same is a weekly Department, 918 10th Street,
Greeley,Coloradwfor the purpose of
newspaper printed and published in the County of Weld, considering amendments to,pertain
sections of the Weld County Code,
State of Colorado, and has a general circulation therein; as currently amended.A subsequent
that said newspaper has beenpublished continuously and First Reading will be held in the
Chambers of the Board of County
uninterruptedly in said county of Weld for a period of more Commissioners of Weld County,
Colorado, Weld County Centennial
than fifty-two consecutive weeks prior to the first Center, 915 10th Street, First Floor,
Greeley,Colorado 80631,at the dates
publication of the annexed legal notice or advertisement; and times specified below. ASecond
that said er news a has been admitted to the United and Third reading of said Ordinance
newspaper will be considered on September 12,
States mails as second-class matter under the provisions 2011,and October 3,2011.
The complete case file may be
of the act of March 3, 1879, or any amendments thereof, examined by calling the Department
of Planning Services at(970)353- -
and that said newspaper is a weekly newspaper duly 6100 to make arrangements with
the case planner,or at the office of
qualified for publishing legal notices and advertisements the Clerk to the Board of County
within the meaning of the laws of the State of Colorado. Cent Cessionera ntennial nterr,915imntystreet,
That the annexed legal notice or advertisement was Third Floor,Greeley,Colorado
80631. E-Mail messages sent to
published in the regular and entire issue of every number an individual Commissioner may
not be included in the case file. To
of said weekly newspaper for the period of ONE ensure inclusion of your E-Mail
consecutive insertion(s); and that the first publication of corresot to pondence
into the mm"rsaiog
said notice was in the issue of newspaper, dated 20th day earinn please call the
partment of Planning Services
of JULY 2011, and the last on the 2 i day of JULY 2011 to obtain the appropriate contact
/) information. For inclusion of
any correspondence prior to the
finard of Cnmm' sinned.hearing
E-mail egesick@co.weld.co:us.
tit If a court reporter is desired for
ed Publisher, SUbSCfI d SW fe O Orn b , this 20 either hearing, please advise the
day of, JULY 2011 Department of Planning.Services
or the Clerk to the Board=s Office,
in writing,at least five days prior to
,� WI-it<5
the hearing. The cost of engaging
% {, 1\ — a court reporter shall be borne by
•••NNNIII���V the requesting party. In accordance
Ota with the Amencans with Disabilities
Act,if special accommodations are
required in orderforyou to participate
in this hearing, please contact the
Department of Planning Services
at(970)3536100 FxL 3519, or the
Clerk to the Board's Office at(970)
336-7215,Ext.4226,prior to the day
of the hearing. All cases scheduled
before the Planning Commission or
Board of County Commissioners are
subject to continuance, due to lack
of quorum or otherwise. Contact the
Department of Planning Services
or the Clerk to the Board=s Office
My Commission Expires : 02/02/2014 or the Clerk to the Board=s Office
11 at the numbers above, for hearing
"� continuance information. 0 -
DOCKET#:201148 and 201149
PLANNING COMMISSION DATE:
August 2,2011
\1 TIME: 1:30 p.m.
BOARD OF COMMISSIONERS -
1 DATE:August 22,2011
TIME: 9:00 a.m.
ri PLANNER:Tom Parko and Chris
‘ Gathman
^k Ordinance#2011-9 ad nd
#2011-10,In the Matter of
Repealing and Re-Enacting,with
Amendments,Chapter 23 Zoning
and Chapter 8 Public Works,of the
Weld County Code..
PLANNING COMMISSION
WELD COUNTY,COLORADO
DATED:July 15,2011
PUBLISHED:July 20,2011,in the
Ft.Lupton Press
Hello