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WELD COUNTY
CODE ORDINANCE 2008-9
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8
PUBLIC WORKS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO :
WHEREAS, the Board of County Commissioners of the County of Weld , State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado , and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1 , enacting a comprehensive Code for the County of Weld , including
the codification of all previously adopted ordinances of a general and permanent nature enacted
on or before said date of adoption , and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld , State of Colorado, that certain existing Chapters of the Weld County Code be, and
hereby are, repealed and re-enacted , with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 8
PUBLIC WORKS
Amend Sec. 8-11 -30. Weld County Addendum to Text of the Urban Storm Drainage Criteria
- Volume 1 .
The criteria adopted herein are hereby modified as follows:
Chapter 1 - Drainage Policy
1 through 16 - No change.
17. Add the following to Section 4. 5, Detention and Retention Storage:
"Except as set forth below, tThe Policy of Weld County shall be to require regional
and/or on-site detention for all future developments. Temporary or interim
detention/retention may be required if the downstream regional facilities have not
yet been constructed per the applicable Master Plan . Stormwater retention facilities
are normally not allowed in Weld County, but will be considered for special
circumstances. It is Weld County policy to require detention of runoff from the
100-year storm falling on the developed site and release of the detained water at
the rate of the runoff of the 5-year storm falling on the undeveloped site. Detention
releases based on soil types are not approved for Weld County. Proposed
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developments must provide for safe conveyance of off-site flows through the
proposed development site. Off-site flows may be routed through or around the
proposed detention facilities. Positive drainage must be provided . Weld County will
not approve any detention or retention pond that does not drain in less than 72
hours, causes injury to water rights, or is in violation of state or federal law. Upon
evaluation , improvements may be necessary to downstream capacity.
No stormwater detention shall be required for rural residential developments of nine
(9) lots or fewer, where lot sizes exceed five (5) acres per lot, and: 1 ) downstream
roadway criteria are not exceeded (6-inches water depth on road for the 10-year
storm ), and 2) the total post-development imperviousness for the rural residential
development does not exceed ten percent ( 10%), assuming that all internal roads
and driveways are paved (or will eventually be paved ).
No stormwater detention shall be required for redevelopment of commercial and
industrial sites where the change of use does not increase the imperviousness of
the site; however, water quality capture shall be required ."
Amend Sec. 8-11 -110. Sketch plan drainage report.
The purpose of the sketch plan drainage report, submitted at the sketch plan review stage
of the planning review process is to identify and define conceptual solutions to storm drainage
problems which may occur on site and off site as a result of the proposed development. In addition ,
those problems that exist on site prior to development must be addressed during the conceptual
phase. For proposed projects that will have rural residential levels of development, the Department
of Public Works will review the site, surroundings and proposed improvements and advise the
applicant as to what additional information and/or engineering design may be required for change
of zone and final plat approvals. The term , "rural residential levels of development," is defined as
residential development with fewer than nine (9) lots and lot sizes greater than five (5) acres. No
sketch plan drainage report shall be required for recorded exemptions.
Remainder of Section - No change.
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.
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The above and foregoing Ordinance Number 2008-9 was, on motion duly made and
seconded , adopted by the following vote on the 27th day of August, A. D. , 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H . Jerke, Chair
Weld County Clerk to the Board
Robert D. Masden , Pro-Tern
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
First Reading : July 30, 2008
Publication : August 8, 2008, in the Greeley Tribune
Second Reading : August 13, 2008
Publication : August 22, 2008, in the Greeley Tribune
Final Reading : August 27, 2008
Publication : September 5, 2008, in the Greeley Tribune
Effective: September 10, 2008
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