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APPENDIX 5-M
DEPARTMENT OF PUBLIC WORKS PERMIT APPLICATION FEES
Type Fee
1. Development Construction Permit
Dwelling units $150.00/lot
Nondwelling units $750.00/lot
2. Offsite Road Agreements/Haul Route Agreement Review $500.00
3. Flood Hazard Development Permit $180.00
4. Stormwater Permit $180.00
5. Geologic Hazard Permit $180.00
6. Nonexclusive License Agreements $100.00
7. Nonexclusive Cross Road Signs(Installation & Fabrication) $150.00
8.Access Permit Fess
A)Field Access Permit (Agriculture Only) Exempt
B) Single Residential Access $75.00
C)Subdivision Access $150.00
D) Commercial or Oil& Gas Access(Up to 50 veh/day) $75.00
E) Industrial or Commercial Access (More that 50 veh/day) $150.00
F)Temporary Access(Expires within 6 months) $75.00
G) inspection Outside Normal Work Hours $50.00/ hr
H) Working Prior to Permit Approval Subtotal (x) 2
l)Public Safety Violation $200.00
9. Right-of-Way Use Permit Fees
A) Permit Fee Fee Unit Minimum
Admin, review, and inspection $125.00 - -
Admin, review and no inspection $75.00 - -
B)Annual Permit
Admin, review, and inspection $250.00 - -
C) Road Bore
Road bore with bore pit located in R.O.W. $75.00 Per Location -
Road bore with bore pit located outside R.O.W. $25.00 Per Location -
D)Work within a Hard Surface Roadway
Trench w/Structural fill or Flowable fill $2.00 SF $50.00
Test Hole/Pot Hole $20.00 Each -
E) Work within a Gravel Roadway
Trench w/Structural fill $0.50 SF $20.00
2010-1786
Test Hole/Pot Hole $10.00 Each -
F) Work in R.O.W. Outside of Roadway
Trenching/Plow or cable puller $0.20 LF $15.00
Test Hole/Pot Hole $10.00 Each -
G) New Appurtenance
3 sq/ft or less $25.00 Each -
Greater than 3 sq/ft $150.00 Each -
H)Abandonment
Abandoning line in R.O.W. $75.00 Each -
I) Working Prior to Permit approval Subtotal (x) 2 - -
Emergency repairs excluded
J) Public Safety Violation $200.00 - -
J) Inspection Outside Normal Work Hours $50.00/hr - -
K) Inspection Outside Normal Work Hours $50.00/hr - -
Chapter 12
Licenses and Permits
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, surveying, 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 is 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, 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. 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 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 & 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 & 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 in writing.
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. 12-4-120. 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.
I. 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 (I) 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 C.R.S. Section 16-2-201, 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 C.R.S. Section 9-1.5-103(3)
CHAPTER 12
Licenses and Permits
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 is 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 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 fees shall be paid in full at the time of the access permit application. The
fee for an access permits shall be as determined by resolution or ordinance of the Board of
County Commissioners and as 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 (I) 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 C.R.S. Section 16-2-201, 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 objects
to any of the terms or conditions of a permit thereby placed by Public Works, 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.
Esther Gesick
From: Janet Carter
Sent: Friday, April 30, 2010 7:36 AM
To: Esther Gesick; Bruce Barker
Subject: Access & ROW Permit Code Changes
Attachments: Appendix 5-M.xlsx; Right of Way Use Permit Code.docx; Road Access Policy.doc
Good Morning,
Here is the stuff for code changes, if you want to call me we can go over it in a little more detail. Do you think we can still
make the May 10th or 12th hearing dates?Thank you for all your help.
Strikethrough
N. -Chapter 8 Article II Sections 8-2-10 to 8-2-60 pg 9-10
N -Chapter 8 Article VI Section 8-6-50 pg 14
N -Chapter 12 Article IV Sections 12-4-10 to 12-4-90 pg 24
-Chapter 5 Appendix 5-D item 13 pg 44
Add
-Chapter 5 Article VII Section 5-7-10 New Letter"N"- "Appendix 5-M: Department of Public Works Permit Application
Fees." Pg 34
-Chapter 12 New Article IV Right-of-Way use Permit Policy-see attached word file
N -Chapter 12 New Article V Road Access Policy-see attached word file
N -Chapter 5 Appendix 5-M-see attached fee schedules pg 67
Janet L Carter
Traffic Engineer
Weld County Public Works Dept.
P.O. Box 758, Greeley, CO 80632
Tele-970.356.4000 ext 3726
Fax-970.304.6497
1
Hello