HomeMy WebLinkAbout20101785.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter,Ordinance Number 2010-5 was introduced on first
reading on May 10, 2010, and a public hearing and second reading was held on June 7, 2010. A
public hearing and final reading was completed on June 21, 2010, 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 Centennial Center,915 10th Street,Third Floor,
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. 2010-5
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 8 PUBLICS WORKS, AND
CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: June 29, 2010
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 22, 2010
PUBLISHED: June 24, 2010, in the Windsor Beacon
2010-1785
CAI) am--5
Account#: 346067
Your Inca!Newspaper Since 1896 t
r
Windsor Beacon
Q A t.n-
STATE OF COLORADO ) m'_
ss:AFFIDAVIT OF PUBLICATION
COUNTY OF WELD
NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Char-
ter.Ordnance MJrnber 20105 was introduced Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the
on first reading hearing and second May 1rogzolas held 0,and one
PJunlc Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and
7.2010. A pubic hearing and final reading was published in the town of Windsor, in said county and state; that the notice or advertisement, of
completed on June 21,2010,with no change
being made to the text of said ordnance.and which the annexed is a true copy,has been published in said weekly newspaper for
on motion duly made and seconded, was
adopted. fte,.' e date of said Ordinance islisted below. 1 Week;
Any backup material, exhibits or information
presously submitted to the Board of County
CommisslonersooncemIng this matter maybe that the notice was published in the regular and entire issue of every number of said newspaper
examined in the office of o clerk to the during the period and time of publication of said notice, and in the newspaper proper and not in a
Board of County Commission ers, located in
the Weed County Centennial Center,915 10th supplement thereof; that the first publication of said notice was contained in the issue of said
Street.Third Floor,Greeley,Colorado,between
the hours of 8:00 a.m.and 5:00 p.m.,Monday newspaper on
thru Friday or may be accessed through the
Weld E-Mail
Web Page(www.co.weld.co.us). Thursday,June 24,2010
messages sent to an individual Com- y+
missioner may not be included in the case file.
en ensure
t inclusion casee file,ppleease send a-Mail correspond-
ence that the last publication thereof was contained in the issue of said newspaper on
ogeeick®co.weld.co.us.
ORDINANCE NO. 2010-5 ORDINANCE TITLE: IN THE MATTER OF Thursday,June 24,2010
REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 5 REVENUE AND that said Windsor Beacon has been published continuously and uninterruptedly during the period
RNANCE.CHAPTER 8 PUBUCS WORKS,AND
CHAPTER 12 LICENSES AND PERMrrS, OF of at least six months next prior to the first publication of said notice or advertisement above
THE WanCOUNTY: June CODE referred to;that said newspaper has been admitted to the United States mails as second-class matter
EFFECTIVE DATE: June 29,2010
BOARD OF COUNTY COMMISSIONERS under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
WELD COUNTY,COLORADO
DATED: June 22,2010 newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements
BBeacon US ED: June 24. 2010, In the Windsor within the meaning of the laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Weld, State of Colorado this
,�..i'e4 iesday,June 23,2010
. Q4,, NS5t es:
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NO;AR}•? _ o l
Notary Puhlic
p UBLIC
OF COW` Legal No.0034160277
Delivered to: Invoice Text NOTICE OF FINAL READING OF ORDINANCE
Ordinance 2010-5
WELD COUNTY CLERK TO THE BOARD,
915 10TH ST Affidavit Prepared
GREELEY,CO 80631-1117 Wednesday,June 23,2010
1:23 pm
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number #2010-5 was introduced
on first reading on May 10, 2010, and a public hearing and second reading was held on June 7,
2010, 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, First Floor Hearing Room,
915 10th Street, Greeley, Colorado 80631, on June 21, 2010. 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 Centennial Center, 915 10th Street, Third
Floor, 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. 2010-5
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 8 PUBLIC WORKS, AND
CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: June 21, 2010, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 8, 2010
PUBLISHED: June 10, 2010, in the Windsor Beacon
Account#: 346067
Your Local D`emspaper Since 1896
Windsor
NONCE OF
Beacon: :: p
SECOND READING OF ORDINANCE /1 f�
Pursuant to the Weld County Horne Pule Char- l_.:� ,.,f,-ii i i ! 1 1- 2 i
ter, Ordnance Number #2010-5 was intro-
duced on first reading on May 10,2010,and a
public heating and second reading was held STATE OF COLORADO ) ...,
on June 7,2010,with no change being made )ss:AFFIDAVIT OF PUBLICATION ..... .., L ,
to the text of said Ordinance. A public hearing
and third rearing is scheduled to be held in the COUNTY OF WELD )
Chambers of the Board, First Floor Heating
Room, 915 10th Street, Greeley, Cobrado
80631, on June 21, 2010. All persons in any
manner interested in the next reading of said
Ordinance are requested to attend and may Echo Villa ,being duly sworn, deposes and says that said is the legal clerk of the
be heard. P Y $
Reese contact the Clerk to the Beard's Office Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and
at phone(970)336-7215, Extension 4225,or
fax (970) 352 0242, Pear to the day of the published in the town of Windsor, in said county and state; that the notice or advertisement, of
hearing if,as a resua of a disability,you require
reasonable accommodations in order to par_ which the annexed is a true copy,has been published in said weekly newspaper for
ticipate in this hearing.
Any backup material, exhibits or information 1 Week;
previousN submitted to the Board of County
Commissioners concerning this matter may be
examined in the office of the Clerk to the that the notice was published in the regular and entire issue of every number of said newspaper
Board of County Commissioners, located in
the Weld County Centennial Center,915 10th during the period and time of publication of said notice, and in the newspaper proper and not in a
Street,Third Floor,Greeley,Colorado,between
the hours of 8:00 a.m.and 5:00 p.m.,Monday supplement thereof; that the first publication of said notice was contained in the issue of said
thru Friday,or may be accessed through the newspaper On
.c
Weld County Web Page(wwwo.weld.co.us).
E-Mal messages sent to an IndMdual Com-
missioner may not be included in the race file. Thursday,June 10,2010
To ensure inclusion of your E-Mal correspond-
ence into the case file,please send a copy to
egesick@co.weld.co.us. that the last publication thereof was contained in the issue of said newspaper on
ORDINANCE NO. 2010-5
ORDINANCE TITLE: IN THE MATTER OF
REPFAI ING AND REENACTING, WITH Thursday,June 10,2010
AMENDMENTS, CHAPTER 5 REVENUE AND
FINANCE,CHAPTER 8 PUBLIC WORKS,AND
CHAPTER 12 LICENSES AND PERMITS, OF that said Windsor Beacon has been published continuously and uninterruptedly during the period
THE WELD COUNTY CODE of at least six months nextprior to the first publication of said notice or advertisement above
DC DATE OF NT READING: June 21, 2010,at
9:00 a.m. referred to;that said newspaper has been admitted to the United States mails as second-class matter
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
DATED: June 8,2010 newspaper is a daily newspaper qualified for publishing legal notices and advertisements
PUBLISHED: Jere 10, 2010, in the\Vectorduly g
Beacon within the meaning of the laws of the State of Colorado.
,0034159315 --- �%f
Legal Clerk
�NIRtouipur/Iq��i Subscribed and sworn to before me,within the County of Weld, State of Colorado this
'\`�PQ •.....NIN CO^ % Wednesday,June 09,2010
aU; ,.ap"t,1 r,, ''.'; Commission expires: oc) o/be V
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.17
Notary Public
- Legal No.0034159315
Delivered to: Invoice Text NOTICE OF SECOND READING OF ORDINANCE
2010-5 2nd Reading
WELD COUNTY CLERK TO THE BOARD,
915 10TH ST Affidavit Prepared
GREELEY,CO 80631-1117 Wednesday,June 9,2010
8:49 am
X010' 1 115
WELD COUNTY
CODE ORDINANCE 2010-5
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5
REVENUE AND FINANCE, CHAPTER 8 PUBLIC WORKS, AND CHAPTER 12 LICENSES AND
PERMITS, 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 5
REVENUE AND FINANCE
Add the following under Sec. 5-7-10. Permits, regulations and fees established.
T. Appendix 5-M: Department of Public Works Permit Application fees.
Amend Appendix 5-D to delete item #13 and renumber remaining items
Amend Appendix 5-M -ATTACHED
CHAPTER 8
PUBLIC WORKS
Delete Article II, Road Access Policy (Sec. 8-2-10 through Sec. 8-2-60).
Delete Sec. 8-6-50. Right-of-way use by pipeline companies.
CHAPTER 12
LICENSES AND PERMITS
Repeal and Re-enact Article IV, in its entirety, to read as follows:
ARTICLE IV
Right-of-Way Use Permit Policy
Sec. 12-4-10. General.
Weld County strives to keep its rights-of-way in a state of good repair and free from
unnecessary encumbrances. The Right-of-Way Use Permit is a tool to help regulate unauthorized
obstructions of, excavations in, and use of the County's rights-of-way and easements including, but
not limited to, all construction activities within the Weld County rights-of-way, whether gravel or
paved, and including all public drainage easements. A Right-of-Way Use Permit grants a permit
holder permission to occupy, excavate, survey, or construct facilities within the County rights-of-way
or easement, and provide for the subsequent restoration upon completion. This policy shall apply
within all unincorporated areas of Weld County as of the effective date of this Article.
Sec. 12-4-20. Purpose.
This Article recognizes the importance of protecting the health, safety, and welfare of the
traveling public, maintaining efficient traffic flow, and preserving the integrity of County rights-of-way.
This Article describes the minimum requirements for alleviating detrimental or negative impacts to
the citizens of Weld County, traffic impediments, and damages to Weld County rights-of-way for
occupying, obstructing, or any construction along, across, upon and under any County rights-of-way.
Sec. 12-4-30. Regulation of Work in County Rights-of-Ways.
A. Issuance of Right-of-Way Use Permit. A Right-of-Way Use Permit shall be issued only in
compliance with the rules and regulations set forth in this Article. In no event shall construction
within the County rights-of-way be allowed or permitted if it is detrimental to the public health,
welfare, and safety.
B. Right-of-Way Permit Necessary. A Right-of-Way Use Permit is required for occupying,
constructing, or excavating facilities within, and for encroaching upon, any County rights-of-way or
easement.
C. No Work Without Permit. No person or entity may occupy, construct, or excavate within any
County rights-of-way or easement, or encroach upon any County rights-of-way or easement,without
first having obtained a Right-of-Way Use Permit from the Department of Public Works. In addition,
no person or entity may excavate, construct, or occupy the County rights-of-way or easement
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. Exceptions.A property owner may,for that area located within the County right-of-way,erect
a single mailbox in accordance with USPS standards, maintain and mow areas of vegetation,
maintain roadside ditches, and maintain that portion of the existing or proposed driveway without
obtaining a Right-of-Way Permit. Caution should be used when working in the County right-of-way,
and although a Permit is not required, all activities shall conform to the criteria set forth in this Article.
Sec. 12-4-40. Definitions.
For the purpose of this Article, the following terms, phrases, words, and their derivations
shall have the meanings given herein:
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.
Lines means all underground and overhead cable,telephone, electric power,wire,gas, and
irrigation lines, appurtenances, structures, or pipelines.
Permit Holder means the owner, operator, person, and/or entity constructing,excavating, or
occupying the County rights-of-way who has obtained a permit pursuant to this Article.
Right-of-Way means a strip of land that is granted through an easement or other mechanism
for transportation purposes, such as a roadway or highway.
Sec. 12-4-50. Right-of-Way Use Permit Application.
Complete Application Required. Applicants shall file a complete application for a Right-of-
Way Use Permit. 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 resubmittal. An application which is determined to be incomplete may, or
may not, retain its same processing cycle.
Sec. 12-4-60. Application Review, Right-of-Way Use Permit Issuance, Permit Expiration and
Permit Extension.
A. Review Process. The application and other data filed by an applicant for a Right-of-Way Use
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 Right-of-Way Use 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 Right-of-Way Use Permit shall be issued to
the applicant. Criteria upon which the Right-of-Way Use Permit shall be considered include, but are
not limited to, the following:
1. Safety: Occupation within the County rights-of-way must not create a safety hazard to the
travelling public.
2. Constructability:All construction or excavation within the County rights-of-way must be able
to be performed according to general construction practices.
B. Changes in Approved Permit. An approved Right-of-Way Use 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 Right-of-Way Use Permit requires the Permit Holder to
meet certain permit specifications and general engineering standards when working within the
County right-of-way. The Department of Public Works shall be responsible for ensuring compliance
with such specifications and standards. Reasonable care should be used to avoid damaging the
existing roadway. The issuing and granting of the Right-of-Way Use 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 County.
D. Indemnification. 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, installation, maintenance, alteration, removal, or presence of the
lines installed and/or constructed herein referred to or any work or facility connected therewith 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. Permit Holder fully understands that all line
installation, construction, and relocation will be performed at no expense whatsoever to Weld
County.
E. Permit Expiration. Every approved Right-of-Way Use Permit shall expire if the work
authorized by the Permit is not substantially begun within three (3) months from the date of the
Permit issuance, or if the construction of work authorized by the Permit is suspended or abandoned
for a period of one 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 Right-of-Way Use 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 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. 12-4-70. County Authority.
A Right-of-Way Use Permit is considered to be a license for use of the County rights-of-way.
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. Weld County, notwithstanding the issuance of any Permit or construction in the County
rights-of-way, reserves the right to make any changes, additions, repairs, or required relocation of
any facilities within the dedicated rights-of-way at any time including, but not limited to, in connection
with the relocation, reconstruction, widening and maintaining roads or rights-of-way, without
compensating the owner.
Sec. 12-4-80. 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 Right-of-Way Use Permit.
A. 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 herein, or
caused by the lines which are installed and/or constructed as permitted herein. Weld County must
be named as an "Additional Named Insured," upon said insurance policies.
B. Bonding and Surety. If deemed necessary by the Department of Public Works, Permit
Holder shall provide a surety bond and/or other security for the total amount required to restore the
rights-of-way upon which the projected lines are to be installed or constructed, based upon current
Weld County prices for the performance of such work. Said security shall remain in effect for a
period of twenty-four (24) months after all installation and construction of said lines have been
substantially completed by the Department of Public Works. The amount of the security shall be
established by the Weld County Engineer. Whether or not covered by a bond, 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.
C. Utility Locates. The Permit Holder shall be responsible for utility locates at least 48 hours in
advance of the construction or excavation in the rights-of-way. Permit Holder is responsible for any
damages to existing utilities or structures.
D. Traffic Control. Construction activities in the County rights-of-way shall not interfere with
movement of traffic or compromise public safety. A traffic control plan shall be submitted to, and
approved by, the Department of Public Works as part of the permit application. All traffic control
shall conform to Manual on Uniform Traffic Control Devices (MUTCD) standards, which are
available for review at the Department of Public Works. Plans may be required to be prepared by a
certified Traffic Control Supervisor (TCS) or Licensed Engineer.
E. Emergency Conditions. When a condition arises where emergency work must be performed
on a facility located within the County rights-of-way, the applicant shall immediately notify the
Department of Public Works of the event regarding its facilities which it considers to be an
emergency. The applicant may proceed to take actions that are necessary in order to respond to
the emergency in accordance with this Article. 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 Right-of-Way Use Permit for the
actions the Applicant took in response to the emergency.
F. 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 disposition of the runoff.
G. Restoration and Clean Up. The Permit Holder shall assume all responsibility for removing all
debris associated with the construction activities in the County rights-of-way and restoring the site to
pre-existing conditions. If, upon inspection,the Department of Public Works determines that debris
has not been removed from the County rights-of-way, or the site restored to pre-existing conditions,
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, using
the method required. The work shall be completed within the time period specified in the notice from
the Department. If the Permit Holder fails to 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.
H. Ownership and Maintenance. Permit Holder shall own, maintain, operate, and repair any line
installed or constructed herein in accordance with the regulations, conditions, and terms of this
Permit. No lines installed within County rights-of-way may be abandoned by the owner at any time.
Although the lines may be retired, they may not be abandoned and all responsibility for such lines
remains with the owner. Weld County does not recognize, nor accept, any lines designated by any
other source as abandoned, and Weld County will continue to expect such lines to be maintained or
removed by Permit Holder.
I. Warranty of Right-of-Way. Weld County does not warrant the rights-of-way which are the
subject of any issued Permit. Permit Holder is responsible for determining the ownership of
properties traversed by its lines, the location of all property boundary lines, and the ownership of all
rights-of-way. A Permit may be issued for a right-of-way apparently owned by Weld County but not
regularly maintained as a road. Any Permit Holder who wishes to place lines within a right-of-way
not maintained as a road must meet all requirements of the landowners to either side of the right-of-
way.
Sec. 12-4-90. Inspections
Inspection of work performed within Weld County rights-of-way, pursuant to an approved
Right-of-Way Use Permit, is required. 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 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 will result in suspension of the
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. 12-4-100. Administrative Fee.
All required fees shall be paid, in full, at the time of the Permit application. The fee schedule
for Right-of-Way Use Permits shall be as determined by resolution of the Board of County
Commissioners and shall be shown on the Permit. If the applicant objects to the denial of a permit
application by the Department of Public Works, or 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 accordance with the procedures detailed in Section 12-4-110,
below.
Sec. 12-4-110. Appeal of Denial of Right-of-Way Use Permit.
If an application for an Right-of-Way Use 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. 124-120. Failure to Comply.
The issuance of the Right-of-Way Use 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 regulations of Weld County. Failure of the
applicant to comply with any of the terms and conditions of the Right-of-Way Use Permit shall be
sufficient cause for cancellation of the Permit.
The Permit Holder shall correct any unsatisfactory work including, but not limited to,defects
in removal, replacement, or 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.
Weld County reserves the right to require relocation of any facilities within the dedicated
rights-of-way at any time without compensating the owner. If the contractor or permit holder does
not perform the required relocation within four (4) months of notification from the Department of
Public Works; no new permits will be issued from the Department of Public Works for the contractor
until the relocation has been accomplished.
Sec. 12-4-130. Permit Suspension or Revocation.
The Department of Public Works may deny, revoke, or suspend any Right-of-Way Use
Permit in order to protect the public health, safety, welfare, and safe function of County roadways.
Permit Holders hold Right-of-Way Use Permits as a privilege. Weld County reserves its right to
revoke any Right-of-Way Use 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 a written demand, 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. 12-4-140. Enforcement.
A. Violations and penalties. The County, through the Department of Public Works or other
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. Criminal penalties.
1. It is unlawful to occupy, construct, or excavate within any County rights-of-way or easement,
or encroach upon any County rights-of-way or easement, unless a Right-of-Way Use Permit is first
issued. Any person, firm, or corporation violating any provision of this Article is guilty of a Class 2
petty offense,which, upon conviction thereof, shall be punishable by a fine of three hundred dollars
($300.00) or by imprisonment in the County jail for not more than ten (10)days, or by both such fine
and imprisonment,for each separate violation. Each day during which such violation continues shall
be deemed a separate offense.
2. Whenever the Department of Public Works,through one(1)of its employees, has personal
knowledge of any violation of this Article, it shall give written notice to the violator to correct such
violation within seven (7) days after the date of such notice. Should the violator fail to correct the
violation within such seven (7) day period, the Department may request that the Sheriffs Office
issue a summons and complaint to the violator, stating the nature of the violation with sufficient
particularity to give notice of said charge to the violator. The summons and complaint shall require
that the violator appear in court at a definite time and place stated therein to answer and defend the
charge. One (1) copy of said summons and complaint shall be served upon the violator by the
Sheriffs Office in the manner provided by law for the service of a criminal summons. One (1) copy
each shall be retained by the Sheriffs Office and Department and one(1)copy shall be transmitted
to the Clerk of the Court. The County may remove any obstruction or work not conforming to this
Article during the pendency of the enforcement action.
3. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the
event the Board of County Commissioners deems it appropriate, the Board of County
Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the
County Attorney.
4. Any arresting law enforcement officer shall follow the penalty assessment procedure
provided in Section 16-2-201, C.R.S., for any violation of this Article.
C. 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.
D. Civil penalties. In addition to any of the penalties set forth above, any person, firm, or
corporation violating any such regulation, provision, or amendment thereof, or any provision of this
Article, may be subject to the imposition, by order of the County Court,of a civil penalty in an amount
of not less than two hundred fifty dollars($250.00), nor more than five hundred dollars($500.00). 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. Each day after the issuance of the order
of the County Court, during which such unlawful activity continues, shall be deemed a separate
violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a
continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event
shall civil penalties, imposed pursuant to this Subsection, constitute a lien against real property.
E. The Permit Holder should notify, prior to making or beginning excavation, all owners,
operator, or association of owner and operators, having underground facilities in the area of such
excavation, in accordance with the requirements of Section 9-1.5-103(3), C.R.S.
Add Article V to read as follows:
ARTICLE V
Road Access Policy
Sec. 12-2-10. General.
This Article is established for the safe and efficient movement of traffic while allowing
reasonable access to properties. It is necessary to protect the public health, safety, and welfare,to
maintain conventional traffic flow, to maintain unobstructed roadside drainage, and to protect the
functional level of County roadways. This Article shall apply to all accesses onto roads located
within the unincorporated area of Weld County, including accesses from municipalities or other
counties, which may exist as of the effective date of this Article or are new after that date.
Sec. 12-2-20. Purpose.
Land use, natural resources recovery, general utilities, and development have impacts on
County roads. This Article recognizes that the efficiency and safety of County roads depends, to a
large extent, upon minimizing roadside interference and its detrimental effect upon the movement of
traffic. This Article describes the minimum requirements for the design, construction, and
maintenance of accesses onto Weld County roads.
Sec. 12-2-30. Regulation of access onto County roadways.
A. One access per lot. Direct access from a public road shall be limited to not more than one
(1) per legal lot, except as may be expanded or further limited or restricted by the Board of County
Commissioners or staff, as a result of zoning requirements, consideration in land use applications,
safety considerations, subdivision regulations, or inability to meet minimum requirements as defined
in the Weld County Design Criteria.
B. Access permit required. Any person constructing a new access onto a County road, or
reconstructing, paving, altering, enlarging, or changing the use of any existing access onto a County
road, must first be issued access by the Weld County Department of Public Works. No such work
shall commence prior to the issuance of an access permit.
C. Issuance of access permit. Access permits shall be issued only in compliance with the rules
and regulations set forth in this Article. In no event shall an access be allowed, or permitted, if it is
detrimental to the public health, welfare, and safety.
D. Emergency access allowed. Police, fire, ambulance, and other emergency providers shall
have a right to direct access to County roadways if no other acceptable access is available.
E. Additional access. If a new access is requested to a legal parcel where an existing access
already exists, the additional access shall not be approved unless the denial of the new access
creates undue hardship on the property owner, as determined by the Department of Public Works.
Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested,
one(1)or more existing accesses must be removed, minimizing new accesses and utilizing existing
accesses.
F. Access permit condition of building permit. When a new access is to be constructed in
conjunction with the construction of a new principal structure,the issuance of an access permit shall
be a condition for obtaining a building permit for such construction.
G. Change of use. When the use of a principal structure or property is proposed to change, a
new access permit shall be required prior to the use conversion.
Sec. 12-2-40. Access permit application.
A. Complete application required. Applicants shall file a complete application for an access
permit. An application shall be considered complete if it is submitted in the required form, includes
all mandatory information, including all supporting materials, 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 resubmitted
application. An application which is determined to be incomplete may, or may not, retain its same
processing cycle.
B. Development access. The Department of Public Works may allow access permits to be
processed in groups within a common development or subdivision to reduce the administrative
burden on applicants requesting permits concurrently for multiple lots. Such"development access"is
subject to a development review application. Due to the higher complexity and possible impacts, a
transportation impact study may be required to support review and approval of an access permit
application for an access serving development. The development review process may require
public improvements such as acceleration and deceleration lanes, exclusive left or right-hand turn
lanes, or a traffic signal.
Sec. 12-2-50. Application review, access permit issuance, permit limitations, and permit
expiration.
A. Review process. The application and data filed by an applicant for an access 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 of Public
Works finds that the work described in an application for an access permit conform to the policies
and requirements set forth in this Article, meet the requirements defined in the Department of Public
Works design criteria or other pertinent laws regulations or ordinances, and that all required fees
have been paid, an access permit shall be issued to the applicant. Criteria upon which the access
permit shall be considered include, but are not limited to, the following:
1. Safety. The access must not create a safety hazard to the travelling public.
2. Constructability. The access must be able to be built according to general construction
practices.
B. Changes in approved permit. An approved 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 access permit requires the permit holder to meet certain
permit specifications and general engineering standards when working on the permitted access.
The Department of Public Works shall be responsible for ensuring compliance with such
specifications and standards. Reasonable care should be used to avoid damaging the existing
roadway.
D. Permit expiration. Every approved access permit shall expire if the work authorized by the
permit is not substantially begun within one hundred and twenty (120) days from the date of the
permit issuance, or if the construction of work authorized by the permit is suspended or abandoned
for a period of six (6) months at any time after the work has begun. Before work can begin or be
resumed, the access permit must be reissued by the Department of Public Works.
Sec. 12-2-60. County authority.
Notwithstanding the issuance of any access permit or the construction of any access,Weld
County reserves the right to make any changes, additions, repairs, or relocation of any part of an
access within the dedicated right-of-way at any time, including, but not limited to, in connection with
the relocation, reconstruction, widening and maintaining of the road or right-of-way, without
compensating the owner of the access for the damages to, or destruction of, the access.
Sec. 12-2-70. 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 access permit.
A. Utility locates. The permit holder shall be responsible for contacting the Utility Notification
Center of Colorado for utility locates at least 48 hours in advance of the access construction, if
excavation is required.
B. Traffic control. Access construction activities shall not interfere with traffic on County
roadways. If interference with traffic is required, a traffic control plan shall be submitted to, and
approved by, the Department of Public Works as part of the permit application. All traffic control
shall conform to Manual on Uniform Traffic Control Devices standards, which are available for
review at the Department of Public Works.
C. 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 disposition of the runoff. See Section 8-3-10 of the
Weld County Code.
D. Restoration and clean-up. The permit holder shall assume all responsibility for removing all
debris associated with the access construction activities and restoring the County roadway to pre-
existing conditions. The permit holder, upon notification from the Department of Public Works,shall
correct all work, within forty-five(45)days. If the permit holder fails to restore the right-of-way in the
manner and to the condition required by the Department of Public Works, the County shall perform
the restorations at the permit holder's expense.
Sec. 12-2-80. Administrative fee.
An access permit fee shall be paid, in full, at the time of the access permit application. The
fee for an access permit shall be determined by resolution or ordinance of the Board of County
Commissioners and shall be shown on the access permit application.
Sec. 12-2-90. Enforcement.
A. Violations and penalties. The County, through the Department of Public Works or other
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. Criminal penalties.
1. It is unlawful to construct a new access onto a County road, or reconstruct, pave, alter,
enlarge, or change the use of any existing access onto a County road unless an access permit is
first issued. Any person,firm, or corporation violating any provision of this Article is guilty of a Class
2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred
dollars ($300.00) or by imprisonment in the County jail for not more than ten (10) days, or by both
such fine and imprisonment, for each separate violation. Each day during which such work on an
illegal access continues shall be deemed a separate offense.
2. Whenever the Department of Public Works, through one(1)of its employees, has personal
knowledge of any violation of this Article, it shall give written notice to the violator to correct such
violation within sixty (60) days after the date of such notice. Should the violator fail to correct the
violation within such sixty (60) day period, the Department of Public Works may request that the
Sheriffs office issue a summons and complaint to the violator, stating the nature of the violation with
sufficient particularity to give notice of said charge to the violator. The summons and complaint shall
require that the violator appear in court at a definite time and place stated therein to answer and
defend the charge. One(1)copy of said summons and complaint shall be served upon the violator
by the Sheriffs office in the manner provided by law for the service of a criminal summons. One(1)
copy each shall be retained by the Sheriffs Office and Department of Public Works and one(1)copy
shall be transmitted to the Clerk of the Court. The County may install barriers across, or remove,
any access not conforming to this Article during the pendency of the enforcement action.
3. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the
event the Board of County Commissioners deems it appropriate, the Board of County
Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the
County Attorney.
4. Any arresting law enforcement officer shall follow the penalty assessment procedure
provided in Section 16-2-201, C.R.S., for any violation of this Article.
C. 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.
D. Civil penalties. In addition to any of the penalties set forth above, any person, firm, or
corporation violating any such regulation, provision, or amendment thereof or any provision of this
Article may be subject to the imposition, by order of the County Court, of a civil penalty in an amount
of not less than two hundred fifty dollars($250.00) nor more than five hundred dollars($500.00). 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. Each day after the issuance of the order
of the County Court, during which such unlawful activity continues, shall be deemed a separate
violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a
continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event
shall civil penalties, imposed pursuant to this Subsection, constitute a lien against the real property.
E. Inspections. The Department of Public Works or other County departments may conduct an
inspection of each access that is the subject of the access permit to ensure full compliance with all
provisions of this Article and the terms of the permit.
F. Failure to comply with requirements of issued access permit. Failure of the permit holder to
comply with any of the terms and conditions of an issued access permit shall be sufficient cause for
cancellation of the permit and may result in the removal the access and its appurtenances by the
County at the Permit Holder's expense.
G. Access permit issued erroneously or upon incorrect information. Any access permit which
has issued in error, or on the basis of incorrect information supplied by the Permit Holder, shall be
considered void. In the event an access permit is void, no refund of permit fees shall be made
unless the access permit was issued in error by the Department of Public Works.
H. Notice Regarding Illegal Access. For an illegal access, the property owner shall be sent
written notice of any illegal access location or use. The Owner shall be given sixty (60) days
notification of pending actions, after which the County may install barriers across, or remove, any
access not conforming to this Article. Any access, driveway, or curb-cut being constructed within
County Right-of-Way without an approved Access Permit,shall be required to stop work immediately
and apply for an Access Permit. If the permit is approved, work may continue subject to the
conditions of the permit. If the permit is denied, any work that has been completed must be
removed and the road and drainage facilities returned to pre-existing conditions acceptable to the
Department of Public Works, upon completion of any appeal or the time for appeal pursuant to the
provisions of Section 12-2-100, below.
Sec. 12-2-100. Appeal of denial of access permit.
If an application for an access permit is denied by the Department of Public Works, or 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.
Renumber Article V, Public Dance Hall, Booth, Pavillion or Other Place Where Public Dances
Are Held, to become Article VI and renumber Sections to become 12-6-10 through 12-6-70,
accordingly.
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 sub sections 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 sub-sections 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.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2010-5 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on May 10,
2010. A public hearing and second reading is scheduled to be held in the Chambers of the Board,
First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on June 7, 2010. 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 Centennial Center, Third Floor, 915 10th 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: June 7, 2010, at 9:00 a.m.
THIRD READING: June 21, 2010, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 18, 2010
PUBLISHED: May 20, 2010, in the Windsor Beacon
hursda ,Ma 20 2010 WIN0SORSEAC0N.00M CLASS!
GAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES
3940 3940 3903 •':3940 ti�
WELD COUNTY CODE ORDINANCE 2010-5
1-IE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 5 REVENUE AND FINANCE,CHAPTER 8 PUBLC WORKS,AND CHAPTER 12 LICENSES AND PERMITS,OF THE
DE
[(ORDAINED BY THE BOARD OF COUNTY COMIViSSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO:
EREAS.the Board of County Commissioners of the County of Weld,State of Colorado.pursuant to Colorado statute and the Weld Cour fly Home Rule Charter,is vested with the authority of admttisteri
Iii County,Colorado,end
EREAS.the Board of County Commissioners.on December 28,2000,adopted Weld County Code Ordnance 2000-1,enacting a comprehensive Code for the County of Weld,including the t xM,eer
!y adopted ordinances of a general and permanent nature enacted on or before said date of adoption,and
EREAS.the Weld County Code is in need of revision and clarification with regard to procedures.terms,and re
quirements therein.
W.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,re
Icted,with amendments,and the various Chapters are revised to read as follows.
CHAPTER 5
REVENUE AND FINANCE -
Add the!plowing under Sec.5-7-10. Permits,regulations and fees established.
•
T. Appendix 5-M: Department of Public Works Permit Application fees.
Amend Appendix 5-D to delete item 1113 and renumber remain ng items
. Amend Appendix 5-M-ATTACHED
CHAPTER 5
PUBLIC WORKS
Delete Article II.Road Access Policy(Sec.8-2-10 through Sec.8-2-60).
Delete Sec.8-8-50.Right-of-way use by pipeline companies.
CHAPTER 12
UCENSES AND PERMITS
Repeal and Re-enact Article N,in ifs entirety.to read as follows:
• ARTICLE ei
Right-of-Way Use Permit Policy
$.12-4-10. General.
Weld County strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. The Right-of-Way Use Permit is a too.to help regulate unauthorized obstructions
rd use of the County's rights-of-way and easements inducing,but not limited to.all construction actnAbes within toe Weld County rights-of-way,whet her gravel or paved,and inducing al pubic.drainer
VA-of-Way Use Permit grants a permit holder permission to occupy,excavate,survey,or construct facilities within the County rights-of-way or easement,and provide for the subsequent restoration
t The policy shal apply within al unincorporated areas of Weld County as of the effective date of this Article.
9.12-4-20. Purpose.
I This Article recognizes the importance of protecting the health,safety.and welfare of the traveling public,maintaining efficient traffic flow.and preserving the integrity of County rights-of-way. This A
annirxrm requirements for aleviatng deer in rem rtal or negative impacts to the citizens of Weld County,traffic Impediments,and damages to Weld County rights-of-way for occupying,obstructing,or ar
jg.across.upon and under any County rights-of-way.
12-4-30. Regulation of Work inRi
ghts-of-Ways.
County
issuance of Right-of-Way Use Permit. A Right-of-Way Use Permit shall be issued only in compliance with the rules and regulations set forth In this Article. In no event shad construction within the Cc
it*allowed or permitted if it is detrimental to the pubic health,welfare,and safety.
Right-of-Way Permit Necessary.A Right-of-Way Use Permit is required for occupying.constructing,or excavating facilities within,and for encroaching upon,any County rights-Of-way or easement.
No Work Without Permit. No person or entity may occupy,construct,or excavate within any County rights-of-way or easement,or encroach upon any County rights-of-way or easement,without
Ibd a Right-of-Way Use Permit from the Department of Pubic Works. In addition,no person or entity may excavate,construct.or occupy the County rights-of-way or easement beyond the date or de
'permit unless:(1)the person or entity requests a written extension before the expiration of Vie initial Permit and(2)a new Permit or extension is granted.
Exceptions.A property owner may,for that area located within the County right-of-way,erect a single mailbox In accordance with USFS standards.mairrtain and mow areas of vegetation,maintain i
And maintain that portion of the existing or proposed driveway without obtaining a Right-of-Way Permmit, Caution should be used when working in the County right-of-way,and athough a Permit is not r
s shall conform to the criteria set forth in this Article.
9.12-4-40. Definitions.
For the purpose of this Article,the following teens,phrases,words.and their derivations shall have the meanings given herein:
Contractor means any party performing the installation and COnstnictio n for a permit holder who obtains a permit pursuant to this Article. A contractor may be a permit holder under this definition.
# tines means al underground and overhead cable,telephone,electric power,wire,gas,and irrigation Ines.appurtenances,structures,or pipelines.
Permit Holder means the owner,operator,person,and/or entity constructing,excavating,or occupying the County rights-of-way who has obtained a permit pursuant to this Article.
' Right-of-Way means a strip of land that is granted through an easement or other mechanism for transportation purposes,such as a roadway or highway.
.12-4-50. Right-of-Way Use Permit Application.
Complete Application Required.Applicants shall file a complete application for a Right-of-Way Use Permit. Based upon the information provided a the application,additional submittals may be rec ul
arnnt of Public Works if sufficient information was not provided for review of the application. An application shall be considered competent It is submitted in the required form,includes all mandatory I
o al supporting materials specified by application,and a accompanied by the applicable fee. Man application is determined to be incomplete,the Department of Public Works shall provide notice tc
wth an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal. An application which is detemnne
,nay.or may not.retain its same processing cycle.
0.12-4-60. Application Review,Right-of-Way Use Permit issuance,Permit Expiration and Permit Extension.
Review Process. The application and other data filed by an applicant for a Right-of-Way Use Permit shall be reviewed by the Department of Pubic Works.The application may also be reviewed to)
Its or agencies to verify compliance with any apploable laws. If the Department finds that the work described in an application for a Flight-of-Way Use Permit conform to the requirements and regulat
title.meet the requirements defined in the Department of Pubic Works Design Standards and Criteria or other pertinent laws regulations or ordinances,end that all required fees have been paid,i
Permit shall be issued to the applicant. Criteria upon which the Right-of-Way Use Permit shall nsi be considered g:Include,but are not limited to,the followin
Safety Occupation with the County rights-of-way must not create a safety hazard to the traveling public.
r
i Constructabiliy:Al construction or excavation within the County rights-of-way must be able to be performed according to general construction practices
t Changes in Approved Permit.An approved Right-of-Way Use Permit shalt riot be changed,modified,or altered without written authorization from the Department of Public Works. Al work shad be do
>B with the approved Permit.
tt Permit Lnetatiorts.An approved Right-ot-Way Use Permit requires the Permit Holler to meet certain permit specifications and genera engineering standards when working within the County right-of
anent of Pubic Works shall be responsible for ensuring compliance with such specifications and standards. Reasonable care should be used to avoid damaging the existing roadway. The issuing end
/It-of-Way Use 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 County.
.. x denrifrdation.Pemmit Holder,its aye._its,employees,subcontractors,contractors.and assigns hereby agree to hold Weld County.Colorado.the agencies thereof,and their officers and employees
},tea al loss and damage or any claims which may arise out of,or be connected with,the corstructlon,instalaton,maintenance,alteration,removal,or presence of the lees installed and/or constructe
O or any work or tacrlity connected therewith withei the area covered by this permit excluding any such loss and damage or any claims(inchudng Consequential damages)which may be caused sole
e of Weld County,the agencies thereof.or its officers fund employees. Permit Holder fully understands that al line installation,construction,and relocation will be perform m rod at no expense whatsoever
1
Permit Expiration. Every approved Right-of-Way Use Permit shat expire a the work authorized by the Permit is not substantially begun within three(3)months from the date of the Permit issuance,or l
f work authorized by the Permit is suspended or abandoned for a period of one yeer at any time after the work has begun. Before work can begin or be resumed,the Permit must be reissued by the
Works.
, Permit Extension. Any Permit Holder with an unexpired Right-of-Way Use Permit may apply,in writing,for an extension of the time within which work may begin under that Permit if the Permit Holder k
k within the time required for good cause.and that the cause is acceptable to the Department of Pubic Works. There shall be an extension fee assessed to cover administrative coats.
12-4-70. County Authority.
A Reet-of-Way Use Permit is considered to be a license for use of the County rights-of-way. The Department of Public Works shall have the authority to suspend work.wholly or in pert,because of tr
Heiler to properly execute the work in accordance with this Article. Weld County,notwithstanding the issuance of any Permit or construction in the County rights-of-way,reserves the right to make
' is,repairs.or required relocation of any faciities within the dedicated rights-of-way at any time Inducing.but not imeed to,in connection with the relocation,reconstruction,widening and manta
of-way.without compensating the owner.
12-4-80. Permit Holder's General Responsibilities.
A Paint Holder is responsible for the followrg items. Additional requrements and more detailed mformatiOn are Shown in the Special Provislcns of the Right-of-Way Use Permit.
Insurance. Permit Holder stkyl secure and maintain insurance policies that will protect them.thew subcorN tors,and Weld County from claims for bodily injury,death,or property damage,which r
.installation and/or construction contemplated herein,or caused by the Ines which are installed and/or constructed as permitted herein. Weld County must be named as an'Additional Ni
said insurance policies
Bonding and Surety. if deemed necessary by the Department of Relic Works,Permit Holder shah provide a surety bond and/or other security for the total amount required to restore the rights-of-w
ojected Ines are to be instated or constructed,based upon current Weld County prices for the performerx a of such work. Said security shall remain in effect for a period of twenty-four(24)months e
construction of said lines have been substantially completed by the Department of Pubic Works. The amount of the security shall be established by tie Weld County Engineer. Whether o r not
.Permit Holder steal reimburse Weld County for any end al expenses incurred by Weld County within 24 months after completion of any work,as a result of,or related to.failure by Permit Helder tope
,construction,maintenance cur other work pursuant to the Permit,n a workmanlike mariner.
Utility Locates. The Permit Holder shall be responsible for utility locates at least 48 hours in advance of the construction or excavation in the rights-of-way. Permit Holder is responsible for any dame
or structures.
Traffic Control. Construction ectivitlee in the County rights-of-way shall not interfere with movement of traffic or compromise pubic safety. A traffic control plan shall be sebrmitted to,and approved t
of Pubic Works as part of the permit applcatlon. All traffic control shall conform to Manual on Uniform Traffic Control Devices(MUTCD)standards,which are available for review at the Department of
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Emergency Conditions. When a condtfon arises where emergency work must be performed on a facility located within the County ryt its-of-way,the applicant shall immediately notify the Dept
of the event regarding its facilities which it considers to be an emergency. The applicant may proceed to take actions that are necessary in order to respond to the emergency in accordance
two(2)business days after the Occurrence of the emergency,the applicant shell applyfor the necessary permits,pay the associated fees,arid etathe rest of the requirements necessary to
#' of-Way Use Permit for the actions the Applicant took in response to the emergency.
F
Drainage Interference. A Permit Holder shal not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainages to be affected,the
(.onslble for the proper clisposition of the runoff.
t Restoration and Clean Up. The Permit Holder shot assume al responsibility for removing all debris associated with the construction activities in the County rights-of-way and restoring the site to pr
►s. I.upon inspection,the Department of Public Works determines that debris has not been removed from the County rights-of-way,or the site restored to pre-existing conditions,the Department sin
Irk-alder of the violation of the Permit conditions. The Permit Holder,upon notification from the Department.shall correct all work,to the extent necessary,using the method required. The work sin
f r:nine time period specified it the notice from the Department. If the Permit Holler fails to restore the rights-of-way it the manner and to the condition required,the Department may have the Co
$o-•)tir•.ns. In that event,the Permit Holder shal pay to the County,within 30 days of Ming,the cost of restoring the County rights-of-way.
0wr,ersfip and Maintenance. Permit Holder shall own,maintain.operate,and repair any Ina instated or constructed horeir in accordance with the regulations,conditions.and terms of this Permit.
Fri Cosaity rights-of-way may be abandoned by the owner at any time.Although the lyres may be retied,they may not be abandoned and al responsibility for such lines remains with the owner. W
seats:nze.net adapt,any tires designated by any other source as abandoned,and Weld County wll continue to expect such lines to be maintained or removed by Permit Holder.
t Warranty of Right-of-Way. Weld County does not warrant the rights-of-way which are the subject of any issued Permit. Permit Holder is responsible for determining the ownership of properties
F.'Its location of at property boundary Ines,and the ownership of at rights-of-way. A Permit may be issued for a right-of-way apparently owned by Weld County but not regularlymaintained as a r
Fier who wishes to place lines within a right of-way not maintained as a road must meet all requirements of the landowners to either side of the right-of-way.
F.12-4-90. Inspections
: nsr eciron of work performed within Weld County rights-of-way,pursuant to an approved Right-of-Way Use Permit,Is required. Inspections during the ca-stnaction period We be made by the Dep,
tits to ensure that work is progressing in compliance with the Permit. It shal be the responsibility of the Permit Holder to provide safe access to the work site for the Department and to al others,as a
tea-Arson at at 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 a
illy,;:ealth.safety,or wet-being of the public.
it shalt be the responsiblty of the Permit Holier to notify the Department of Pubic Works when work is ready for inspection. The Department requires that every request for inspection be receiv
Sit i4it hot rs before such inspection Sueh requests may be made by telephoning,email or the Department.ment. Thepresence of
entailing, faxing epatt Department employees on,site shat not guarantee or qualify
performance. The approved Permit must be available on-site for review by Department staff. Failure to comply will result in suspension
The Department of Pubic Works may make or require other inspectors or testing of any work as deemed necessary of the permit.
lend inspections shal be to removal and replacement at the ePPermit Holder's expense, quality
ofto work. Any compliance dice with the qp i edens io e Article. Any work g rms
subject �epease,regardless of the quality of the work. inspection hoofs required outside of the normal working hours in
brit Holder. Certain types of work may have continuous inspection and when large scale projects exceed the abilty of the Department to provide inspection.the Permit Holder wit Incur the cost of a F
1.Thc thin parry inspector will be appointed by the Department prior to issuance of the Permit.
p.12-4-100. Administrative Fee. .•
Al required fees shall be pad,in full,at the time of the Permit application. The fee schedule for Right-of-Way Use Permits shall be as determined by reso4Aion of the Board of County Commissior
tee on the Permit. If the applicant objects to the denial of a permit application by the Department of Pubic Works,or objects to any of the terms or conditions of a permit thereby placed by the Dew
has the right to appeal the decision to the Board of County Commissioners,in accordance with the procedures detailed m Section 12-4-110,below.
(.12-4-110. Appeal of Denial of Right-of-Way Use Permit.
iIf an application for an Right-of-Way Use Permit is denied by the Department of Pubic Works,or it the applicant objects to any of the terms or condtlons of a permit thereby placed by the Departmr
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.
S.12-4-120. Failure to Comply.
i The issuance of the Rght-of-Way Use Permit based on plans,specifications,or other data.shal not prevent the Department of Pubic Works from recto ring the correction of errors in the plans,sL
sir data.or from stopping excavation or construction operations being conducted in violation of this Article or any other regulations of Welt County. Failure of the applicant to comply with any of the t
?E of the Right-of-Way Use Permit shall be sufficient cause for cancellation of the Permit.
t The Permit Holder shall correct any unsatisfactory work including,but riot limited to,defects in removal,replacement,or patching. If the Permit Holder fails to restore the Carty rights-of-way in try
Venation required by the Department of Pubic Works,or faits to satisfactorily and timely complete all restorations required by the Department,Weld County abet have the right to perform the rector
hiss of the Permit Holder
Weld County reserves the right to require relocation of arty facilities within the dedicated rights-of-way at any time without compensating the owner. If the contractor or permit holder does not pert
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within four(4)months of notification from the Department of Pubic Works;no new permits will be issued from the Department of Public Works for the contractor until the relocation has been ac
.12-4-130. Permit Suspension or Revocation.
The Department of Pubic Works may deny.revoke,or suspend any Right-of-Way Use Permit in order to protect the public health,safety,welfare,and safe function of County roadways. Permit Ho
'ay Use Permits as a privilege. Weld County reserves its right to revoke any Right-of-Way Use Permit without a fee refund whenever the Permit is issued In error or on the basis of incorrect nformr
lapbiel,or whenever the Permit s n may have been ued violation of any provisions of this Article.
AA It trw Department of Pubic Works determines that the Permit Holder has committed a substantial breach of a term or condition of arty statute,ordnance,rule,regulation or any condition of the Pei
pt shal notify the Permit Holder of then suspension by either a phone call or a written demand,and the Permit Holder must then remedy the violation.The demand shalt state that continued violations n
()cation 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 shell contact the Oepartrnent of Public Works with a plan of correction which must be accepted by the U
Sit Holder's failure to contact the Department.failure to submit an acceptable pan,or failure to reasonably implement the approved plan,shall be cause for immediate revocation of the Permit ar
i Upon revocation of the permit the Permit Holder will be required to re-apply for a new permit and wit be charged for any additional fees that may be applicable.
#.12-4-140. Enforcement,
fr Violations and penalties. The County,ttrourgh the Department of Public Works or other departments so authorized,may enforce Iris Article through methods included in this Article or through other
by the Board of County Commissioners.
. Criminal penalties.
it is unlawful to occupy,construct,or excavate within any County rights-of-way or easement,or encroach upon any County rights-of-way or easement,unless a Right-of-Way Use Permit is first issu
ir
ai cirporaticart violating any provisions of the Article is guilty of a Class 2 petty offense,which,upon conviction thereof,shall be punishable by a fine of three hundred dollars($300.00)or by imprisonms
net more than ten(10)days,or by both such fine and imprisonment,for each separate violation. Each day during which such violation continues shal be deemed a separate offense.
Whenever the Department of Public Works,through one(11 of its employees,has personal knowledge of any vioation of this Article,it shall give written notice to the violator to correct such violation
•after the date of such notice. Should the violator fail to correct the violation within such seven(7)day period,the Department may request that the Sheriffs Office issue a summons and complain
g the nature of the violation with sufficient particularity to give notice of said charge to the violator.The summons and complaint shall require that the violator appear in court at a definite time and plat
Nei and defend the charge. One(1)copy of said Si mmtns end complaint shal be served upon the violator by the Sheriffs Office in the marine provided by law for the service of a criminal summer
���mmm shal be retained by the Sheriff's Office and Department and one(1)copy shall be transmitted to the Clerk of the Court. The County may remove any obstruction or work not career.r ring to this F
tenncy of the enforcement action.
t is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the Board of County Commissioners deems it appropriate,the Board of County Commissioners i
Attorney to perform such enforcement duties in lieu of the County Attorney.
Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201,C.R.S.,for any violation of this Article.
t,ric
s Equitable relief in civil action. In the case of any sedation of this Article,the County Attorney.in addition to the other remedies provided by law,ordinance,or resolution,may institute an injunction,ma
for other appropriate action or proceeding to prevent,enjoin,abate,or remove such violation.
Cavil penalties. In addition to arty of the penalties set forth above,any person,firm.or corporation violating any such regulation,provision.or amendment thereof,or any provision of the Article,may t
-licins,by order of the County Court,of a curl penalty in an amount of not less thann two hundred fifty dollars($250.00),nor more than five hundred dollars($500.00). it is within the discretion of the
tennine whether to pursue the civil penalties set forth in this Article,the remedies set forth above,or both. Each day after the issuance of the order of the County Court.during which such unawfut ar
be deemed a separate violation and shall,in accordance with the subsequent provisions of this Section,be the subject of a continuing penalty n an amount riot to exceed fifty dollars($50.00)for ea
ent shall civil penalties,Imposed pursuant to the Subsection,constitute a lien against real property.
. The Permit Holder should notify,prior to making or beginning excavation,all owners,operator,or association of owner and operators,hewing underground facktles in the area of such excavation,el a
egreerments of Section g-t.5-103(3).C.R.S.
Article V to read as follows:
ARTICLE V
• Road Access Policy
12-2-10. General.
Attune s esfahksnisd for the safe and efficient movement of traffic while allowing reasonable access to properties. It is necessary to protect the public,health.safety.and welfare.to maintain convent
',tan unobstructed roadside drainage.and to protect the functional level of County roadways. This Article shall apply to all accesses onto roads located within the unincorporated area of Web Cour
from municipalities or other counties,which may exist as of the effective date of this Article or are new after that date.
12-2-20. Purpose.
use,natural resources recovery,general utities,and development have impacts on County roads. This Article recognizes that the efficiency and safety of County roads depends,to a large extent,n
• interference and Is detrimental effect upon the movement of traffic. This Article describes time minimum requirements for the design.corstruction,and maintenance of accesses onto Weld Cour
12-2-30. Regulation of access onto County roadways.
One access per lot. Direct access from a public road shall be a-rifted to not more than one(1)per legal lot,except as may be expanded or further limited or restricted by the Board of County Corrrrk
result of zoning requirements.consideration in land use applications,safety considerations,subdvfsion regulations,orto
Access permit required Any person mOstructi reconstructing,paving, inability a meet minimum the
use of as defined tithe Weld tCountyCo Design yroad,d,
access the Weld County rig a new access onto a haftco road. a prior
th ie LancechangingPublictoice of an access permit.
' issuance of access permit.Access permits shall be issued only in compliance with the rules and regulations set forth in this Article. In no event shall an access be allowed,or permitted,if It is detrime
atth.welfare,and safety.
FEmergency access allowed. Police,fire.ambulance,and other emergency providers shall have a right to direct access to County roadways i no other acceptable access a available.
Additional access. if a new access is requested to a legal parcel where an existing snicks already exists,the additional access shall not be approved unless the denial of the new access creates uric
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Access permit condition of building permit. When a new access is to be constructed in coryunction with the construction of a new principal structure,the issuance of an access permit that be a cond
I pulling permit for such construction.
Change of use. When the use of a principal structure or property is proposed to change,a new access permit shall be required prior to the use conversion.
.12-2-40. Accede permit application.
Complete appication required. Applicants shall fie a complete application for an access permit. An application shall be considered complete if it is submitted in the required form,includes all mandate
ding all supporting materials,and is accompanied by the applicable fee. If an application is determined to be incomplete,the Department of Public Works shell provide notice to the applicant,along w
of the application's defidencles.No further processing of the application shah occur until the deficiencies are corrected in a future resubmitted application. An application which is determined to be incoi
not,retan its same processing cycle.
Development access. The Department of Pubic Works may slow access permits to be processed in groups within a common development or subdvislon to reduce the administrative burden or
sting permits concurrently for multiple lots.Such"development access"is subject to a development review application. Due to the higher complexity and potable impacts,a transportation impact eh
se to support review and approval of an access permit application for an access serving development. The development review process may require pubic improvements such as acceleration ar
S.exclusive left or right hand turn lanes,or a traffic signal.
.12-2-50. Application review,access permit issuance,permit limitations,and permit expiration.
Review process.The application and data fled by an applicant for an access permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other deparUmer
Sly compliance with any applicable laws- If The Department of Public Works finds that the work described in an application for an access permit conform to the policies and requirements set forth in tt
•egtrirernent5 defined in the Department of Public Works design criteria or other pertinent laws regulations or ordinances,and that all required fees have been paid,an access permit shall be issued tc
ma upon which the access permit shall be considered include,but are not hilted to,the following.
Safety. The access must not create a safety hazard to the traveling pubic.
Constructability.The access must be able to be butt acoordng to general construction practices
Changes in approved permit. An approved pen-nit shah riot be changed,modified,or altered without written authorization from the Department of Public Works. All work shall be done in conformer')
red permit.
Permit imitations. An approved access permit requires the permit holder to meet certain permit specifications and general engineering standards when working on the permitted access. The Depar
ks shall be responsible for ensuring ccmpliance with such specifications and standards. Reasonable care should be used to avoid damaging the existing roadway.
Permit expiration. Every approved access permit shall expire if the work authorized by the permit's not substantially begun within one hundred and twenty(120)days from the date of the permit es
structbn of work authorized by the permit is suspended or abandoned for a period of six(6)months at any time after the work has begun. Before work can begin or be resumed,the access permit urn
•e Department of Public Works.
:.12-2-80. County authority,
Notwithstanding the issuance of any access permit or the construction of any access,Weld County reserves the right to make any changes,addions,repairs,or relocation of any part of an access•
rd right-of-way at any time,including,but not pumped to,in connection with the relocation,reconstruction,widening and maintaining of the road or right-of-way,without compensating the owner of the
ages to,or destruction of,the access.
:.12-2-70. Permit holder's general responsibilities.
A permit holder is responsble for the following iterrs. Additional regcarements and more detailed information are shown in the special provisions of the access permit.
Utlity locates. The permit holder shall be responsible for contacting the Utility Notification Center of Colorado for utiity locates at least 48 hours in advance of the access construction,It excavation is r
Traffic control. Access construction activities shad not interfere with traffic on County roadways. if interference with traffic is required,a traffic control plan shall be submitted to,end approved by,the
Ir:Works as pert of the permit application. Al traffic control shall conform to Manual on Unfurl)Traffic Control Devices standards.which are available for review at the Department of Public Works.
Drainage Interference.A permit holder shall not ocetnuct the natural free end clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected,the I
oonsible for the proper disposition of the runoff. See Section 8-3-10 of the Weld County Code.
Restoration and dean-up. The permit holder that assume all responsibility for removing all debris associated with the access construction activities and restoring the County roadway to pre-exis
permit holder,upon notification from the Department of Public Works,shall correct all work,within forty-five(451 days. If the permit holder fails to restore the right-of-way in the manner and to the ca
re Department of Public Works,the County that perform the restorations at time pen nil hol de-r's expense.
:.12-2-80. Administrative fee.
An access permit fee shall be pad,in full,at the time of the access permit application. The fee for an access pen-nit shall be determined by resolution or ordinance of the Board of County Commssi
ihOwn on the access permit application.
:.12-2-90. Enforcement.
Violations and penalties The County the ouch the Department of Pubic Works or other departments so authorized.may enforce this Article through methods inducted ion this Article,or through
pled by the Board of County Commissioners.
Criminal penalties.
lt is unlawful to construct a new access onto a County road,or reconstruct,pave,alter,enlarge,or change the use of any existing access onto a County road unless an access permit s first issue,
,or corporation violating any provision of this Article is guilty of a Class 2 petty offense,which,upon conviction 11 sreof,shall be punishable by a fine of three hundred dollars($300.00)or by imprisonmer
tin not more than ten(101 days,or by both such fine and imprisonment,for each separate violation. Each day clearing which ewer work on an illegal access continues shall be deemed a separate offense
Whenever the Department of Public Works,through one(I)of Its employees.has:xortcnal knowledge of any violation of this Article,it shall give written notice to the violator to correct such violation
S after the date of such notice. Should the violator tail to correct the violation within such sixty(60)day period,the Department of Public Works may request that the Sheriff's office issue a summons air
vitiator,stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite
tee therein to answer and defend the charge. One(1)copy of said st rumens and arm iplarn shall be served upon h the violator by the Sheriff's office in the manner provided by law for the service(steer-in
.1)copy each shall be retuned by the Sheriff's Office and Department of Public Works and one(1)copy shalt be transmitted to the Clerk of the Court The County may install barriers across,or rerno
cci du rr,'g to this Article during the pendency of the enforcement action.
't is the responsibility of the County Attorney to enforce the provisions of this Section. in the event the Board of Canty Commissioners deems it appropriate,the Board of Cerny Commissioners n
rid Attorney to perform such enforcement duties in lieu of the County Attorney.
Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 18-2-201,C.R.S.,for any violation of this Article.
Equitable reset in civil action. In the case of any violation of this Article,the County Attorney,in addition to the other remedies provided by law.ordnance,or resolution,may institute an injunction,mar
S.Or Other appropriate action or proceeding to prevent,enjoin,abate,or remove such violation.
• Civil penalties. In addition to any of the penalties set forth above,any person,firm.or corporation violating any such regulation,provision,or amendment thereof or any provision of this Article may Ix
estin.by order of the County Court,of a civil penalty in an amount of not less than two hundred fifty dollars($250.00)nor more than five hundred diallers($500.00). It Is within the discretion of the Cot,
terrine whether to pursue the civil penalties set forth in tnis Article,the remedies set forth above,or both. Each day atter the issuance of the order of the County Court,during which such unlawful ac
I be deemed a separate violation and shall,in accordance with the subsequent prowsons of tnis Section,be the subject of a continuing penalty in an amount not to exceed fifty dollars($50.00)for ear
sent shaft civil penalties,imposed pursuant to this Subsection,constitute a lien against the real property.
inspections. The Department of Public Works or other County departments may conduct an inspection of each access that is the sub(ect of the access permit to ensure full compliance with all provis
turd the terms of the permit.
Failure to comply with requirements of issued access permit. Failure of the permit holder to comply with any of the terms and conditions of an issued access permit shall be sufficient cause for car
se and may result in the removal the access and its appurtenances by the County at the Permit Holder's expense.
Access permit issued erroneously or upon incorrect information. Any access permit which has issued in error,or on the basis of incorrect information supplied by the Permit Holder,shat be conside
rt an access permit is void,no refund of permit fees shall be trade unless the access permit was issued in error by the Department of Public Works.
Notice Regarding Illegal Access. For an illegal access.the property owner shall be sent wetten notice of any ifegril access location or use. The Owner shall be given sixty(60)days notification of pen:
Mitch the County may retell barriers across.or remove,any access riot conforming to this Article. Any access,driveway.or curb-cut being constructed within County Fight-of-Way without an approv,
shell be required to stop work immediately and apply for an Access Permit. If the permit is approved.work may continue subject to the conditions of the permit. If the permit denied,any work that
ed must be removed arid the road and drainage facilities returned to pre-existing conditions acceptable to the Deportment of Public Works,upon completion of any appeal or the time for appeal purses
IS of Section 12-2-100,below.
12-2-100. Appeal of denial of access permit.
If an appication for an access permit is denied by the Department of Public Works,or the applicant objects to any of the terms or conditions of a permit thereby placed by the Department,the applies
ppeel the decision to the Board of County Commissioners,in writing,utilizing the appeal erne-edema set forth in Section 2-4.10 of this Code.
lumber Article V.Public Dance Hal,Booth,Pavilion or Other Place Where Public Dances Are r leld,to become Article VI and renumber Sections to become 12-6-10 through 12-6-70,accordingly.
IT FURTHERORDAINEDby the Board that the Clerk to the Board be.arid hereby is,directed to arrange for Colorado Code Publishing to supplement the Weed County Code with the amendments at
*Otbde with chapters,articles,divisions.sections,and sub sections as they currently exist within saictCode;and to resolve any inconsistencies regarding capitalization.grammar.and numbering or piee
I.articles,divisions,sections,and sub-sections in said Code.
f'FURTHERORDAINEOby the Board f any section,subsection.paragraph,sentence,clause,or phrase of this Ordinance is for any reason held or decided to be unconstttutional,such decision she
sty of the rermas-aang portions hereof The Board of County Commissioners hereby declares that It would have enacted this Ordnance in each and every section,subsection.paragraph,sentence,clad
feof irrespective of the fact that any one or more sections,subsections,pareeraphs,sentences,clauses,or phrases might be declared to be unconstitutional or Invalid.• • NOTICE
qSUANT to the Weld County Home Rude Charter,Ordnance Number 2010-5 published above,was introduced and,on motion duly made and seconded,approved upon fret reading on May 10,2010, i
I second reading is scheduled to be held in the Chambers of the Board,First Floor Hearing Room.915 10th Street,Greeley,Colorado 80631,on June 7,2010. AN persons in any manner interested v
I 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 heerinc
m disability,you require reasonable accommodations in order to partcipate in this hexing. Any backup material,exhibits or information previously submitted to the Board of County Commissioners
ttar may be examined In the office of the Clerk tothe Board of County Commissioners,located in the Weld County Centennial Center,Third Floor,915 10th-Street,Greeley,Colorado,between the ho
15:00 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 i dvidual Commissioner may not be included in the case
union of your E-Mail correspondence into the case file,please send a copy to egesick(OCO.weld.co.0 S.
POND READING:June 7,2010,at 9:00 am.
IRO READINO>kune 21.2010.at 9:00 am.
ARO OF COUNTY COMMSSIONERS
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915 10TH ST Affidavit Prepared
GREELEY,CO 80631-1117 Wednesday,May 19,2010
8:28 am
Account#: 346067
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Legal No.0034157892
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Delivered to: Invoice Text WELD COUNTY CODE ORDINANCE 2010-5 F1 T
Code 2010-5
WELD COUNTY CLERK TO THE BOARD,
915 10TH ST Affidavit Prepared
GREELEY,CO 80631-1117 Wednesday,May 19,2010
8:28 am
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