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OFF I C I A L
SUBDIVISION REGULATIONS
WELD C OUN TY, COLORADO
ADOPTED
AUGUST 30, 1972
THIS EDITION INCLUDES ALL AMENDMENTS IN EFFECT AS OF AUGUST 25, 1982
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SZ-1D73
TABLE OF CONTENTS
SECTION
PAGE
ADOPTION RESOLUTION
iii
1. TITLE, AUTHORITY, JURISDICTION AND PURPOSES
1
2. DEFINITIONS
5
3. PROCEDURES FOR SUBMISSION OF SUBDIVISION PLANS. . . . 12
4. SKETCH PLAN 15
5. PRELIMINARY PLAN 17
6. FINAL PLAN 25
7. CONFORMANCE WITH EXISTING LAWS 39
8. DESIGN STANDARDS 40
9. RULES AND REGULATIONS FOR EXEMPTIONS 55
10. UTILITIES AND IMPROVEMENTS 66
11. IMPROVEMENTS AGREEMENT 67
12. VARIANCES 68
13. VIOLATIONS AND PENALTIES
76
14. VALIDITY 77
15. FEES 78
RESOLUTION
WHEREAS, the Weld County Planning Commission by Resolution has
recommended to the Board of County Commissioners that Weld County adopt new
County Subdivision Regulations; and
WHEREAS, said recommended Subdivision Regulations are attached hereto
and made a part of this Resolution by reference; and
WHEREAS, the Board of County Commissioners approves said Subdivision
Regulations in their entirety;
NOW, THEREFORE, BE IT RESOLVED, that the new Weld County Subdivision
Regulations as shown on the attached exhibit, be and the same are hereby
adopted.
BE IT FURTHER RESOLVED, that the old County Subdivision Regulations be
of no further legal force and effect on and after the date hereof.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on August 30th, 1972.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(Signed) Glenn K. Billings
(Signed) Harry S. Ashley
(Signed) Marshall A. Anderson
ATTEST:
(Signed) Ann Spomer
Clerk of the Board
By: (Signed) Wilma Adams Deputy County Clerk
APPROVED AS TO FORM:
(Signed) Samuel S. Telep
County Attorney
SUBDIVISION REGULATIONS
Weld County, Colorado
SECTION 1: TITLE, AUTHORITY, JURISDICTION, AND PURPOSES
1-1 Title and Short Title
A. Title - A resolution establishing rules, regulations and
standards governing the subdivision of land within Weld County,
setting forth the procedure to be followed by the Weld County
Planning Commission and County Planner in applying and
administering these rules, regulations and standards, and setting
forth the penalties for the violation thereof as established by
the State of Colorado.
B. Short Title - These Regulations shall be known and may be cited
as "The Weld County Subdivision Regulations of Wednesday,
August 30, 1972."
1-2 Authority, Jurisdiction and Enforcement
A. Weld County is enabled by law to control the subdivision of all
of the unincorporated land within the county limits by virtue of
Section 106 of the Colorado Revised Statutes of 1963, as amended.
B. Colorado Revised Statutes 106-2-34 (as amended 1972)
Subdivision Regulations. (1) Every county in the state which
does not have a county planning commission of July 1, 1971, shall
create a county planning commission in accordance with the
provisions of Section 106-2-2. Every county planning commission
in the state shall develop, propose and recommend subdivision
regulations, and the board of county commissioners shall adopt
and enforce subdivision regulations for all land within the
unincorporated areas of the county in accordance with this
section not later than September 1, 1972. Before finally
adopting any subdivision regulations, the board of county
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commissioners shall hold a public hearing thereon, and at least
thirty days' notice of the time and place of such hearing shall
be given by at least one publication in a newspaper of general
circulation in the county. Before adopting any such subdivision
regulations, the board of county commissioners may revise, alter,
or amend any such subdivision regulations developed, proposed, or
recommended by the county planning commission. In the event the
board of county commissioners of any county in the state has not
adopted subdivision regulations by September 2, 1972, then and in
such event, the land use commission may promulgate such
subdivision regulations for such areas of the county for which no
subdivision regulations exist. Such subdivision regulations
shall be in full force and effect, and enforced by the board of
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county commissioners. If at any time thereafter the board of
county commissioners adopts its own subdivision regulations for
land within the unincorporated areas of the county, such
regulations shall be no less stringent than the regulations
promulgated by the Colorado land use commission under this
subsection (1) (C.R.S. 106-2-34). All subdivision regulations
and all amendments thereto, adopted by a board of county
commissioners shall be transmitted to the Colorado land use
commission.
C. Any person, partnership, or corporation intending to subdivide
land as defined in SECTION 2 of these regulations shall submit
plans and plats as required by and specified in these regulations
to the office of the Planning Commission, for review and
approval, as follows:
(1) Plans and plats of proposed subdivision of land located
within the planning jurisdiction shall be submitted to the
Planner, the Planning Commission and the Board for review
and approval, in accordance with the provisions of these
regulations, before such plats may be recorded with the Weld
County Clerk and Recorder. To ensure uniformity and
environmental protection, such plans and plats shall conform
to and follow procedures and standards as specified in these
regulations.
(2) It shall be unlawful to file such plats with the County
Clerk and Recorder unless a notation has been made on the
Plat by the Planning Commission and the Board certifying
that the Planning Commission and the Board have approved the
plat in accordance with these regulations.
(3) The chief administrative officer for processing, reviewing
and evaluating proposed subdivisions of land, and for
advising the Planning Commission and the Board concerning
their acceptance or denial, shall be the chief Planner.
(4) The Planner shall have the authority and shall be required
to review all preliminary plans and plats before they are
submitted to the Planning Commission, and shall advise
prospective subdividers and the Planning Commission of all
instances in which these Subdivision Regulations appear to
be violated or misinterpreted.
(5) The Planner shall have the authority and shall be required
to make a written report on submitted preliminary plans and
plats concerning the adequacy of streets, other public
improvements, lot sizes, etc., and shall comment upon those
items that, in his professional judgment, would improve the
land use, traffic circulation, utility services, and other
environmental conditions for the future inhabitants of the
subdivision. The Planner's review may include field
inspection trips, an evaluation of the proposed subdivision
in relation to the Comprehensive Plan, and an evaluation of
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its impact on the environment and all other pertinent data
regarding the subdivision.
(6) The Planning Commission shall have the authority to require
changes in the preliminary plan, which more fully meet the
purposes of these subdivision regulations as set forth in
Subsection 1-3 below.
(7) In reviewing preliminary plans that have been submitted to
it, the Planner and the Planning Commission shall not only
insure that the intent and requirements of these regulations
are followed, but shall also determine the extent to which
the goals and policies embodied in the Comprehensive Plan
are met.
1-3 Statement of Purposes
A. To assist orderly, efficient and integrated development.
B. To promote the health, safety, and general welfare of the
residents.
C. To ensure conformance of land subdivision plans with the public
improvement plans of the County and its various municipalities.
D. To ensure coordination of inter-municipal public improvement
plans and programs.
E. To encourage well planned subdivisions by establishing adequate
standards for design and improvement.
F. To improve land survey monuments and records by establishing
standards for surveys and plats.
G. To safeguard the interests of the public, the homeowner, and the
subdivider
H. To secure equitable handling of all subdivision plans by
providing uniform procedures and standards.
I. To prevent loss and injury from fire in wooded terrain.
J. To preserve natural vegetation and cover and promote the natural
beauty of the country.
K. To prevent and control erosion, sedimentation and other pollution
of surface and subsurface water.
L. To prevent flood damage to persons and properties and minimize
expenditure for flood relief and flood control projects.
M. To restrict building on flood lands, shorelands, areas covered by
poor soils, or in areas poorly suited for building or
construction.
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N. To prevent loss and injury from land slides, mud flows and other
geologic hazards.
0. To provide adequate space for future development of schools and
parks to serve the population.
P. To assure the planning for and provisions of an adequate and safe
source of water and means of sewage disposal.
1-4 Acceptance of Public Lands
Approval of a subdivision by the Planning Commission and the Board
shall not constitute an acceptance by the County of the roads,
streets, alleys, or other public lands for maintenance as indicated
for dedication on the plat. The dedication of any of these lands for
public use of any nature within the County shall be accepted by the
Board only by specific action of the Board.
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SECTION 2 DEFINITIONS
2-1 Subdivision or Subdivided Land
A. Any parcel of land which is to be used for condominiums, apartments,
or any other multiple-dwelling units, unless such land when previously
subdivided was accompanied by a filing which complied with the
provisions of these regulations with substantially the same density,
or which is divided into two or more parcels, separate interests, or
interests in common, unless exempted under paragraph (1), (2), or (3)
of this subsection 2-1. As used in these regulations, "interests"
includes any and all interests in the surface of land but excludes any
and all subsurface interests.
(1) The terms "subdivision" and "subdivided land", as defined in
paragraph (A) of this subsection 2-1, shall not apply to any
division of land which creates parcels of land each of which
comprises thirty-five or more acres of land and none of which is
intended for use by multiple owners.
(2) Unless the method of disposition is adopted for the purpose of
evading these regulations, the terms "subdivision" and "sub-
divided land", as defined in paragraph (A) of this subsection 2-1
shall not apply to any division of land:
(a) Which creates parcels of land, such that the land area of
each of the parcels, when divided by number of interest in
any such parcel, results in thirty-five or more acres per
interest;
(b) Which could be created by any court in this state pursuant
to the law of eminent domain, or by operation of law, or by
order of any court in this state if the Board of County
Commissioners is given timely notice of any such pending
action by the court and given opportunity to join as a party
in interest;
(c) Which is created by a lien, mortgage, deed of trust, or any
other security instrument;
(d) Which is created by a security or unit of interest in any
investment trust regulated under the laws of this state or
any other interest in an investment entity;
(e) Which creates cemetery lots;
(f) Which creates an interest in oil, gas, minerals, or water
which is severed from the surface ownership of real pro-
perty;
(g) Which is created by the acquisition of an interest in land
in the name of a husband and wife or other persons in joint
tenancy or as tenants in common, and any such interest shall
be deemed for purposes of this subsection 2-1 as only one
interest; or
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(h) Which is created by the combination of contiguous parcels of
land into one larger parcel. If the resulting parcel is
less than thirty-five acres in land area, only one interest
in said land shall be allowed. If the resulting parcel is
greater than thirty-five acres in land area, such land area,
divided by the number of interests in the resulting parcel,
must result in thirty-five or more acres per interest.
Easements and rights-of-ways shall not be considered
interests for purposes of this subparagraph (h).
(3) The Board of County Commissioners may, exempt from this
definition of the terms "subdivision" and "subdivided land" any
division of land if the Board of County Commissioners determines
that such division is not within the purposes of these
regulations.
2-2 Resubdivision
Any change in a map of an approved or recorded subdivision plat or any
change in a map or plan filed prior to adoption of any regulations
controlling subdivisions, if such change affects any lot line, any
street layout on such map, or any area reserved for public use such as
utility or drainage easements.
2-3 Subdivider or Developer
Any person, firm, partnership, joint venture, association or
corporation who shall participate as owner, promoter, developer, or
sales agent in the planning, platting, development, promotion, sale or
lease of a subdivision.
2-4 Aquifer
A water-bearing layer of sand, gravel or porous rock.
2-5 Board
The Board of County Commissioners of Weld County.
2-6 Conservation Standards
Guidelines and specifications for soil and water conservation
practices and management enumerated in the Technical Guide prepared by
the USDA Soil Conservation Service, adopted by the County Soil and
Water Conservation District supervisors, and containing suitable
alternatives for the use and treatment of land based upon its
capabilities from which the land-owner selects that alternative which
best meets his needs in developing his soil and water conservation
plan.
2-7 Comprehensive Plan
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A comprehensive plan for the future growth, protection and development
of the County, affording adequate facilities for housing,
transportation, comfort, convenience, public health, safety and
general welfare of its population.
2-8 Disposition
A contract of sale resulting in the transfer of equitable title to an
interest in subdivided land; an option to purchase an interest in
subdivided land; a lease or an assignment of an interest in subdivided
land; or any other conveyance of an interest in subdivided land which
is not made pursuant to one of the foregoing.
2-9 Easement
A right to land generally established in a real estate deed or on a
recorded plat to permit the use of land by the public, a corporation,
or particular persons for specified uses.
2-10 Evidence
Any map, table, chart, contract, or any other document or testimony
prepared or certified by a qualified person to attest to a specific
claim or condition, which evidence must be relevant and competent and
must support the position maintained by the subdivider.
2-11 Flood Plain
An area that is anticipated to receive flood waters in years of
certain storm intensity, such as, a fifty year storm or a one hundred
year storm.
2-12 Improvements Agreement
One or more security arrangements which may be accepted by the Board
to secure the construction of such public improvements as are required
by these subdivision regulations within the subdivision and shall
include collateral, such as, but not limited to, performance or
property bonds, private or public escrow agreements, loan
commitments, assignments of receivables, liens on property, deposit
of certified funds, or other similar surety agreements.
2-13 Lateral Sewer
A sewer which discharges into another sewer and has only building
sewers tributary to it.
2-14 Lot
The unit into which land is divided on a subdivision plat or deed,
with the intention of offering such unit for sale, lease or separate
use, either as an undeveloped or developed site, regardless of how it
is conveyed. Lot shall also mean parcel, plat, site or any similar
term.
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2-15 Multi-Family Dwelling
A building providing separate dwelling units for two or more families.
2-16 Municipality
Includes an incorporated city or town.
2-17 National Cooperative Soil Survey
The soil survey conducted by the U.S. Department of Agriculture in co-
operation with the State Agricultural Experiment Stations and other
federal and state agencies.
2-18 Official Map
The Official Map as adopted by the Board.
2-19 Off-Street Parking Space
The space required to park one passenger vehicle which space shall not
be less than two hundred(200) square feet in area, exclusive of access
drives on private land.
2-20 Planner
The chief administrative official employed by the Board as chief
planner, Director of Planning, or similar position.
2-21 Planning Commission
The Weld County Planning Commission.
2-22 Permanent Monument
Any structure permanently placed on or in the ground, including those
expressly placed for surveying reference.
2-23 Plan, Sketch
A map of a proposed subdivision, drawn and submitted in accordance
with the requirements of adopted regulations, to evaluate feasibility
and design characteristics at an early stage in the planning.
2-24 Plan, Preliminary
The map or maps of a proposed subdivision and specified supporting
materials, drawn and submitted in accordance with the requirements of
adopted regulations, to permit the evaluation of the proposal prior to
detailed engineering and design.
2-25 Plat, Final
8
"Plat" means a map and supporting materials of certain described land
prepared in accordance with subdivision regulations as an instrument
for recording of real estate interests with the County Clerk and
Recorder.
2-26 Planned Unit Development (PUD)
An area of land improved as a residential, commercial, or industrial
development or a combination thereof in which normal restrictions of
lot sizes, setbacks, densities, land uses, and other criteria may be
relaxed in return for development conformance to an approved plan for
the total parcel.
2-27 Reverse Frontage Lots
Lots which front on one public street and back on another.
2-28 Right-of-Way
That portion of land dedicated to public use for street and/or utility
purposes.
A. Control of Access - The condition where the right of owners or
occupants of abutting land or other persons to access, light, air
or view in connection with a highway is fully or partially
controlled by public authority.
B. Full control of Access - The authority to control access is
exercised to give preference to through traffic by providing
access connections with selected public roads only and by
prohibiting crossings at grade or direct private driveway
connections.
C. Partial control of Access - The authority to control access is
exercised to give preference to through traffic to a degree that,
in addition to access connections with selected public roads,
there may be some crossings at grade and some private driveway
connections.
Access to county roads shall be completely checked in the early
stages of the planning process. The Board of County
Commissioners through their Planning Commission and Engineering
Department, has control of all access onto any existing or
proposed county roads. Access may be denied on any county road
due to terrain features, traffic hazards or any other reason
which, in the opinion of the board may constitute a threat to the
traveling public.
2-29 Roadway
That portion of the street right-of-way designed for vehicular
traffic.
2-30 Street
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A. Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley, or other way for the movement of vehicular traffic which
is an existing state, county or municipal roadway, or a street or
way shown upon a plat, heretofore approved, pursuant to law or
approved by official action; and includes the land between street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas
within the right-of-way. For the purpose of this Resolution
streets shall be classified as defined in subsection (1) through
(9);
(1) Freeway. A major regional highway, including interstate
highways, designed to carry very large volumes of vehicular
traffic, with full control of access and all intersections
grade separated. (An expressway is similar to a freeway
except that all intersections need not be grade separated.)
(2) Arterial Street. A street or road designed to carry high
volumes of vehicular traffic over long distances in a direct
manner.
(3) Collector Street. A street or road designed to collect or
distribute vehicular traffic from one or more residential or
non-residential areas to or from a Major Street or Major
Highway.
(4) Local Street. A street or road designed to carry vehicular
traffic from one or more individual residential or
non-residential unit to or from a Collector Street.
(5) Alley. A minor way which is used primarily for vehicular
service access to the rear or side of properties otherwise
abutting on a street.
(6) Cul-de-sac. A short dead-end street terminating in a
vehicular turn-around area.
(7) Half Street. A street parallel and contiguous to a property
line and of lesser right-of-way width than is required for
minor or major streets.
(8) Service Road. A street or road paralleling and abutting
major streets to provide access to adjacent property so that
each adjacent lot will not have direct access to the major
street.
(9) Stub Street. A street or road extending from within a
subdivision boundary and terminating there with no permanent
vehicular turn around. Stub streets are provided to permit
adjacent undeveloped parcels of land to be developed later
with an adjacent connecting street system.
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2-31 Registered Mail. Mail recorded in the post office of mailing and
guaranteed special care in delivery. Registered mail includes certified
mail and registered mail as defined by the U.S. Postal Service.
2-32 Minor Subdivisions. A reduced subdivision procedure for a tract of
land being divided into no more than six (6) total lots.
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SECTION 3 PROCEDURES FOR SUBMISSION OF SUBDIVISION PLANS
3-1 Summary of Procedures for Subdivisions
The following submission procedures shall apply:
A. Sketch Plan
Subdividers shall submit a Sketch Plan to the Planning Department
prior to the submission of a Preliminary Plan. Said Plan will
enable the subdivider and the Planner to render an informal
preliminary review of the proposed subdivision for general scope
and conditions which might affect the plan. Said plans should
include the elements listed in SECTION 4-1.
This procedure shall not require formal application, fee, or
filing of plans with the Planning Commission.
At the time of Sketch Plan submission, the subdivider will be
provided materials and information relating to procedures for
Subdivision Application including Preliminary Plan requirements,
required public improvements, design standards and subdivision
improvement agreements.
The subdivider will also be advised of the particular
requirements for determining and evaluating the suitability of
proposed sewer, water and drainage systems. In the case of
on-lot sewer or water facilities, forms will be provided which
are to be completed by a professional engineer, licensed in the
State of Colorado, for submission with the Preliminary Plan.
B. Preliminary Plan
Subdividers shall submit required Preliminary Plan materials and
supporting documents of a proposed subdivision to the Planning
Commission offices for approval prior to the submission of a
Final Plat. Submission requirements and time required for review
and notification are included in SECTION 5.
Approval of the Preliminary Plan shall be effective for
twelve (12) months after the approval date. Thereafter, approval
of the Preliminary Plan will have expired unless a Final Plat has
been submitted to the Planning Commission within that twelve (12)
months, or a mutually agreed upon extension has been granted by
the Planning Commission.
Whenever a Final Plat is approved for less than the entire area
covered by the Preliminary Plan, approval of the Preliminary Plan
for the remaining unplatted area shall be extended for an
additional twelve (12) months. ,
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C. Final Plat
The Final Plat submission shall conform to the approved
Preliminary Plan and the requirements contained in these
regulations. The Planner shall record the Final Plat as provided
in SECTION 6-3-E.
D. Conformity to these Regulations
Sketch plans, Preliminary Plans and Final Plats shall conform to
the requirements and specifications of these regulations and
shall be submitted in the manner prescribed.
E. Planning Commission Action
Failure by the Planning Commission to act by recommending to the
Board approval, conditional approval, or disapproval of a
Preliminary Plan or a Final Plat within sixty (60) days of the
review date of such plan or plat, or another mutually agreed upon
period of time, shall be deemed a favorable approval by the
Planning Commission, and the subdivider may request a hearing by
the Board.
F. County Commissioners Action
After review of the Final Plat by the Planning Commission, the
Board shall hold a hearing as provided in SECTION 6-3-C.
G. Acceptance of Street and Other Public Land Dedication
Acceptance of dedication of proposed public lands or streets or
streets rights-of-way, in an approved plat, can be made only by
the Board. Plat approval cannot be deemed as acceptance of
dedicated streets for maintenance.
3-2 Summary of Rules and Regulations for Exemptions
A. Application for Exemption from Definition of Subdivision
The owner or agent of the owner of a tract or parcel of land
which is proposed to be divided into two (2) building sites,
tracts, or lots may apply to the Board for a recorded exemption
or a subdivision exemption, as provided in SECTION 9 unless
previously exempted in Section 2-lA above.
3-3 Industrial and Commercial Subdivisions
The circulation and lot layout of, and to be used for, industrial or
commercial purposes shall follow the prescribed procedures for
submission and review of Preliminary Plans and Final Plats.
3-4 PUD Subdivisions
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Approval of a Planned Unit Development may be given upon evidence of
the provisions of open spaces, public facilities, access, planning
esthetics, and other considerations deemed important by the Planning
Commission and the Board.
3-5 Mobile Home Parks
Each mobile home park application shall be submitted as a Planned Unit
Development, and shall comply with SECTION 12-2.
3-6 Minor Subdivision
Subdividers shall submit required material as included under SECTION
12-3. The process includes a review by both the Planning Commission
and Board but requires only a Sketch Plan and Plat applications.
Design standards of these regulations are applicable to this
procedures. Review criteria shall be the same as for any subdivision
request.
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SECTION 4 SKETCH PLAN
4-1 Procedures and Requirements for Submission
Subdividers shall submit a Sketch Plan to the Planning Department for
review and discussion of site plan and general scope and conditions.
A. The Plan shall include the following items (submit 3 copies):
(1) A map showing the general location of the subdivision and
its property boundaries. The map shall indicate clearly the
relationship of the proposed subdivision to the surrounding
area within one-half mile of the subdivision's boundaries or
greater distance if required by Planner. It shall show
existing development including: major streets; existing
public sewers, public water supply, and storm drainage
systems; trees, natural vegetation and scenic areas; major
land use concentration; principal places of employment; and
community facilities such as schools, parks and fire
stations. The location map shall include a title, scale,
north arrow and date. (Scale not less than 1"= 600').
(2) A sketch plan of the subdivision, which may be a free hand
drawing at suitable scale in a legible medium. The plan
shall clearly show the following: topographic contours
(From U.S.G.S. maps); the proposed layout of streets and
lots in relation to streams, lakes and vegetation on the
site indicating general dimensions of lots; the proposed
location and extent of major open spaces and public sites;
general locations of utility easements and installations;
proposed land uses; and, if construction of buildings is
proposed, indication of building types, with approximate
location of major buildings exclusive of single family
residential dwellings.
(3) Type of water system proposed; also documentation of water
rights and of historic water use, if applicable.
(4) Type of sewer system proposed.
(5) General description of the storm drainage system proposed.
(6) The acreage of the entire tract.
(7) If requested by the Planner, the following items:
(a) A map showing soil types and their boundaries, as shown
on Soil Survey Maps prepared by the U.S. Department of
Agriculture, Soil Conservation Service, and also a
table of interpretations for the soil types shown on
the soil map prepared by the Soil Conservation Service.
(b) Reports concerning geologic characteristics of the
area, both natural and man-made, significantly
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affecting the land use and determining the impact of
such characteristics on the proposed subdivision.
(c) In areas of potential radiation hazard to the proposed
future land use, these potential radiation hazards
shall be evaluated.
B. Variations from the scale requirement of the sketch plan
(1"= 200') will be acceptable in the case of large subdivisions
provided the plans and design are clearly legible. The plan
generally shall include north points, name of the subdivision,
name of the county, U.S.G.S. township, range, sections, and
quarter section. In the case of large subdivisions requiring
more than two sheets at such a scale, a total area plan showing
the total area on a single sheet at an appropriate scale shall
also be submitted.
C. Review Procedures
Sketch Plans shall be reviewed by the Planner, in informal
conference with the subdivider. The conference is intended to be
for the mutual exchange of information and development concepts.
A primary concern shall be the degree to which the proposed
subdivision meets the subdivision regulations of the county and
amount nm eeAs ue
t irty (30) days for his review of The thePlanner Sketch Planmay take up to.
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SECTION 5 PRELIMINARY PLAN
5-1 Submission Requirements
Copies of all required material shall be officially submitted to the
Planning Department and Planning Commission offices by the subdivider
(or his authorized representative). A preliminary plan filing fee
shall accompany the submittal in accordance with the fee schedule as
adopted by resolution of the Board.
A. Plan Requirements
(1) One copy of an Application for Approval of a Preliminary
Plan and all required supporting documents.
(2) An adequate number of black on white or blue on white prints
of each sheet of the Preliminary Plan to provide the
Planning Commission and other agencies sufficient copies for
their review.
(3) A receipt shall be issued to the subdivider for the
Preliminary Plan submission when it has been determined that
the submission includes all the requirements set forth in
these regulations. The date of the Planning Commission
meeting to review the plans shall be specified on the
receipt.
B. Drawing Requirements
The Preliminary Plan may be drawn with scaled dimensions and need
not be an engineering drawing with calculations or dimensions and
survey closures. A workman-like execution of the plan shall be
made in every detail. A poorly drawn or illegible plan is
sufficient cause for its rejection.
The following data shall be submitted as part of the Preliminary
Plan submission:
(1) A Vicinity Map, at one inch to 600 foot scale, showing
perimeter outline of the proposed subdivision, accesses,
abutting subdivision outlines and names, zoning districts,
taxing districts, and other special districts, and other
relevant information within one-half (I) mile distance of
the perimeter of the proposed subdivision.
(2) Outer boundary lines of the proposed subdivision.
(3) The preliminary plan shall be drawn to a scale less than one
inch (1") equals one hundred (100) feet (unless a variation
from this scale is allowed by the Planner due to the size
and nature of the proposed development), and shall indicate
the basis of bearings; true north point; name of the
subdivision; township, range, section and quarter section;
block and lot number (of the property under consideration).
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(4) The preliminary plan shall contain existing contours at two
(2) foot intervals for predominant ground slopes within the
tract between level and five percent (5%) grade and five
foot (5') contours for predominant ground slopes within the
tract over five percent (5%) grade. Elevations shall be
based on National Geodetic Survey sea level data. In cases
of predominantly level topography throughout a subdivision,
one foot (1') interval contours may be required.
(5) Total acreage of entire proposed subdivision.
(6) Lot and street layout, including proposed future street
layout in dashed line for any portion or parcel of adjacent
land not being subdivided now.
(7) Existing street names.
(8) Dimensions of all lots to nearest foot which may be scaled
values.
(9) Lot and blocks numbered consecutively.
(10) Location, size and use of all existing and proposed public
and private easements.
(11) Existing and proposed water mains, fire hydrants, sewers
utility mains (electric, gas, telephone) or other
underground structures within the subdivision and at least
100 feet immediately adjacent to boundary streets.
(12) Area of each lot in square feet if lot size is less than one
acre and in acres otherwise.
(13) Water courses and proposed storm water drainage systems
including culverts, water areas, streams, areas subject to
occasional flooding and high ground water, marshy areas and
swamps. (Note: detail design of drainage structures not
required for preliminary plan.)
(14) The approximate boundaries of areas subject to inundation or
storm water overflows of an intensity estimated to occur
with a return frequency of once every 50 years and once
every 100 years.
(15) Existing buildings, other easements, telephone lines, gas
lines, power lines, and other features located on the
subdivision and within two hundred (200) feet of its
boundaries.
(16) Location and ownership of irrigation ditches and other
structures appurtenant to irrigation systems.
(17) Abutting property lines and the respective owners' names.
18
(18) General location in the subdivision area of trees over
six (6) inches in diameter, measured at six (6) feet above
ground. In cases of heavily wooded areas, indicate the
outline of wooded area and location of trees which are to
remain. It is the intent of this requirement to determine
the approximate location of trees for design evaluation
rather than to require unnecessary surveying of exact tree
location.
(19) Proposed sites to be reserved or dedicated for parks,
playgrounds, schools, or other public uses.
(20) Proposed sites, if any, for multi-family dwellings, shopping
centers, community facilities, industry, or other uses,
exclusive of single family dwellings.
(21) Location, function, ownership and manner of maintenance of
common open space reserved or dedicated for the use and
benefit of the owners and future owners of the proposed
subdivision.
(22) The substance of all other covenants, grants of easements or
restrictions to be imposed upon the use of land, buildings,
and structures.
(23) An affidavit that the applicant is the owner, equitable
owner or authorized by the owner, in writing, to make
application for the land proposed to be subdivided.
5-2 Supporting Documents Required
The following material shall accompany the Preliminary Plan and be
considered a part of the submission:
2 2— t-P _..
(/H• _ Os of the Sewage Disposal Report as required by the
Planning Commission.
B. Geologic maps and investigation reports regarding area
suitability for the proposed development.
C. Soil type maps and tables of soil type interpretations prepared
as part of the Sketch Plan submission, based on the National
Cooperative Soils Survey, U.S. Department of Agriculture, Soil
Conservation Service, provided by the Soil Conservation District.
D. A letter from each special district, municipality or utility
company involved addressed to the Planning Commission, and a
utility service statement accompanied by a plat signed by the
appropriate representative stating that specific services and/or
utilities are available and they have reviewed the plan and are
setting forth their comments concerning the extent of services
and the design of utility easements.
E. Summary Statement of Application
19
(1) Total development area.
(2) Total number of proposed dwelling units.
(3) Total number of square feet of nonresidential floor space.
(4) Total number of off-street parking spaces, excluding those
associated with a single-family residential development.
(5) Estimated total number of gallons per day of water system
requirements where a distribution system is proposed.
(6) Estimated total number of gallons per day of sewage to be
treated where a central sewage treatment facility is
proposed and the estimated composition of the sewage in
terms of average pounds of BOD per day that will require
treatment.
(7) Estimated construction cost and proposed method of financing
of the streets and related facilities, water distribution
system, sewage collection system, storm drainage facilities,
and such other utilities as may be necessary.
(8) List of all special districts involved.
F. Water resource report as required by the State Engineer.
G. A certified list of the names, addresses and the corresponding
Parcel Identification Number assigned by the Weld County Assessor
of the owners of property of the surface estate within five
hundred (500) feet of the property subject to the application.
The source of such list shall be the records of the Weld County
Assessor, or an ownership update from a title or abstract company
or attorney, derived from such records, or from the records of
the Weld County Clerk and Recorder. If the list was assembled
from the records of the Weld County Assessor, the applicant shall
certify that such list was assembled within thirty (30) days of
the application submission date. Such notice is not required by
Colorado State Statute and is provided as a courtesy to
surrounding property owners. Inadvertent errors by the
applicant in supplying such list or in sending such notice shall
not create a jurisdictional defect in the hearing process even if
such error results in the failure of a surrounding property owner
to receive such notification.
H. A certified list of the names and addresses of mineral owners and
lesses of mineral owners having an interest in the property which
is the subject of the application. The list shall reflect the
names of these owners and lesses as they appear on the plats or
records in the County Clerk and Recorder's Office and as their
most recent addresses may appear in the telephone directory or
other directory of general use in the area of the property or on
the tax records of the County.
20
5-3 Review Procedures -Preliminary Plan
A. When a Preliminary Plan has been officially accepted at the
offices of the Planning Department and Planning Commission, it
shall be placed on the agenda of the Planning Commission meeting
for subdivision review within sixty (60) days.
B. The Planner, as the authorized representative of the Board, shall
upon complete preliminary plan submission, distribute copies of
prints of the plan provided by the subdivider as follows:
(1) To the appropriate school districts;
(2) To each county or municipality within a three-mile radius of
any portion of the proposed subdivision;
(3) To any utility, local improvement and service district, or
ditch company, when applicable;
(4) To the Colorado State Forest Service, when applicable;
(5) To the appropriate planning commission;
(6) To the local soil conservation district board or boards
within the county for explicit review and recommendations
regarding soil suitability and flooding problems. Such
referral shall be made even though all or part of a proposed
subdivision is not located within the boundaries of a
conservation district;
(7) When applicable, to the county, district, regional, or State
Department of Health, for their review of the on-lot sewage
disposal reports, for review of the adequacy of existing or
proposed sewage treatment works to handle the estimated
effluent, and for a report on the water quality of the
proposed water supply to serve the subdivision;
(8) When applicable, to the State Engineer for an opinion
regarding material injury to decreed water rights, historic
use of and estimated water yield to supply the proposed
development, and conditions associated with said water
supply evidence. The State Engineer shall consider the
cumulative effect of on-lot wells on water rights and
existing wells;
(9) To the Colorado Geological Survey for an evaluation of those
geologic factors which would have a significant impact on
the proposed use of the land.
C. The agencies named in this section shall make recommendations
within thirty-five days after the mailing by the county or its
authorized representatives of such plans unless a necessary
extension of not more than thirty days has been consented to by
the subdivider and the Board. The failure of any agency to
21
respond within thirty-five days or within the period of an
extension may, for the purpose of the hearing on the plan, be
deemed an approval of such plan; except that, where such plan
involves twenty or more dwelling units, a school district may be
required to submit within said time limit specific
recommendations with respect to the adequacy of school sites and
the adequacy of school structures.
D. Notice shall be published once in a local newspaper of general
circulation in the area where the land is located at least ten
(10) days prior to the Planning Commission Hearing.
E. Notice of the time, date and place of the Planning Commission
Hearing shall be sent to owner(s) of property the surface estate
within five hundred (500) feet of the property under
consideration. The source of the ownership information will be
from the submitted list required in Section 5-2 G. Such
notification shall be mailed, first class, not less than ten (10)
days before the scheduled hearing. Such notice is not required
by Colorado State Statute and is provided as a courtesy to
surrounding property owners. Inadvertent errors by the
applicant in supplying such list or in sending such notice shall
not create a jurisdictional defect in the hearing process even if
such error results in the failure of a surrounding property owner
to receive such notification.
F. Notice of the time, date and place of the Planning Commission
Hearing shall be sent to owners and lessees of the mineral estate
on or under the subject property. The source of the ownership
information will be from the submitted list required in Section
5-2 H. Such notification shall be mailed, registered mail, not
less than ten (10) days before the scheduled hearing.
22
G. The copy of the Preliminary Plan filed with the Planning
Department shall be available for public viewing. Any affected
person may submit verbal or written comments to the Planning
Commission regarding the Preliminary Plan, stating their reasons
for supporting or objecting to the Preliminary Plan pursuant to
these regulations, on or before the date of the Planning
Commission Hearing.
H. A Utilities Review Advisory Committee shall consist of the Weld
County Engineer or a representative of the Weld County Department
of Engineering and such other representatives of utility agencies
as appointed by the Board. The Utilities Review Advisory
Committee shall meet as often as required to review and make
recommendations concerning any preliminary plans and final plats
pending before the Planning Commission.
I. Planner
The Planner shall ensure the completeness of the Preliminary Plan
submission and shall insure its conformance with the
Comprehensive Plan and good subdivision design practices. The
Planner shall make a report of his review of the Preliminary Plan
to the Planning Commission.
5-4 Approval or Disapproval -Preliminary Plan
A. A Preliminary Plan shall be approved by the Planning Commission
unless it finds that the Preliminary Plan fails to meet the
requirements specified herein or that the proposed preliminary
plan is detrimental to the public health, safety, or general
welfare as set forth in this Section as follows:
(1) Health, Safety, and Welfare
Before approving the Preliminary Plan, the Planning
Commission shall determine that the subdivision:
(a) Will be served by a public water system or, if less
than ten lots, will have sufficient well water
available per lot, both physically and legally, for the
foreseeable needs of the subdivision or development,
and will not cause an unreasonable depreciation of an
existing water supply as evaluated by the State
Engineer. Evidence regarding water supply: quality,
quantity, and dependability. Evidence may include:
evidence of ownership or right of acquisition of or use
of existing and proposed water rights; historic use and
estimated yield of claimed water rights; amenability of
existing rights to a change in use; evidence that
public or private water owners can and will supply
water to the proposed subdivision stating the amount of
water available for use within the subdivision and the
feasibility of extending service to that area; evidence
23
concerning the potability of the proposed water supply
, for the subdivision.
(b) Will be served by a public sanitation system or on-lot
sewage disposal system that will not result in water
pollution. In making this latter determination, the
Planning Commission shall consider: the amount of
rainfall received by the area; the relation of the land
to flood plains; the nature of soils and subsoils and
their ability to adequately support waste disposal; the
slope of the land and the effect of effluents; the
presence of streams as related to effluent disposal;
the applicable health and water resources department
regulations.
(c) Will not cause soil erosion, soil instability or
reduction in the capacity of the land to hold water so
that it results in an unstable, unhealthy or dangerous
condition affecting human life or structures.
(d) Will not cause air pollution based on state health
department standards. In making this determination
they shall consider the elevation of land above sea
level; land topography; prevailing winds or the absence
thereof; local and regional airsheds; increase in
sources or quantity of emission, as well as quality of
such, and such other items as are deemed pertinent.
(e) Will not cause unreasonable highway congestion or
unsafe conditions with respect to use of the highways
existing or proposed; will not cause unreasonable
burden on the ability of a school district to provide
educational services; will not place an unreasonable
burden on the ability of the local governments to
provide water, sewage, fire, police, hospital, solid
waste disposal and other services.
(f) Will not have an undue adverse effect on the scenic or
natural beauty of the area, aesthetics, historical
sites or rare and irreplaceable natural areas; will not
have an undue adverse effect on wildlife and their
habitat, and on the preservation of agricultural land.
B. Data and Investigations
The Planning Commission may conduct such investigations,
examinations, test and site evaluations as they deem necessary to
verify information contained in the application. An applicant
shall grant the Planning Commission, or their agents, permission
to enter upon his land for these purposes.
C. Recommendation
24
The Planning Commission shall review the Preliminary Plan at a
regularly scheduled public meeting. Within ten (10) days after
the Planning Commission has made a final recommendation as to the
Preliminary Plan approval or disapproval, the Planning Commission
shall send written notification of its review and its
recommendations concerning the Preliminary Plan to the Board.
D. Burden of Proof
The burden of proof shall be on the subdivider to show the
reasonableness of his plan, the lack of adverse effect, and
compliance with the elements of the public health, safety, and
general welfare as set forth in Section 5-4-A.
E. Board Hearing
The Board shall hold a hearing on the Preliminary Plan at a
regularly scheduled Board meeting within ten (10) days of receipt
of transmittal of the Planning Commission recommendation. If the
Board determines that the
E. Board Hearing
The Board shall hold a hearing on the Preliminary Plan at a
regularly scheduled Board meeting within ten (10) days of receipt
of transmittal of the Planning Commission recommendation. If the
Board determines that the Preliminary Plan submission complies
with the applicable requirements of these regulations, it shall
authorize the subdivider to proceed with the Final Plat, subject
to such terms, conditions or modifications as the Board
determines to be appropriate.
F. Plan Disapproval and Reapplication
Disapproval of a Preliminary Plan shall contain in writing the
specific reasons for disapproval. A subdivider may, within six
(6) months, resubmit his plan application which shall include an
affidavit to the Planning Commission and Board that the
deficiencies in the previous application have been corrected
without paying additional fees. A review of the reapplication
shall follow the same review as outline in these regulations for
a new application. Any reapplication after six (6) months will
require a new fee.
SECTION 6 FINAL PLAT
6-1 Submission Requirements
Copies of all required material shall be officially submitted to the
Planning Department by the subdivider (or his authorized
representative). No Final Plat shall be approved by the Board until
the subdivider has complied with the requirements and submitted the
supporting documents as provided herein. Final Plats shall be
submitted for approval within twelve (12) months of the date a
25
Grei„,-e;
Preliminary Plan has been approved by the ion. No
Final Plat submission shall be accepted which has exceeded this time
lapse period unless an extension of time has been granted. An
extension of time may be granted by the Planning Commission upon
written request of the subdivider. Any plat submitted for which
Preliminary Plan approval has been given in excess of twelve (12)
months previous and for which no time extension has been granted shall
be considered as a new Preliminary Plan. The Final Plat shall conform
to the approved Preliminary Plan and shall also contain the
requirements of this Section.
A. Plat Requirements
(1) The Final Plat submission shall conform in all major
respects to the Preliminary Plan as previously reviewed and
approved by the Planning Commission and shall incorporate
all modifications required in its review. The Board,
however, may approve a Final Plat which has been modified to
reflect improvements in design or changes which have
occurred in its natural surroundings and environment since
the time of the Preliminary Plan review and approval.
(2) A Final Plat may be submitted in sections covering
representative and reasonable portions as defined by the
Planning Commission of the subdivision tract. A minimum of
forty acres or the total ownership is recommended, although
a lesser acreage may be approved. In such cases submission
shall include a map, indicating the sections designated for
the entire tract, and each sheet numbered accordingly and
include title, legend, matchlines and other appropriate
information.
(3) One (1) copy of application form for review of a Final Plat
and all required supporting documents required in
Section 6-2.
(4) A required number of black on white or blue on white prints
of the Final Plat.
(5) A Final Plat fee as established in a resolution by the Board
must accompany the Final Plat submission.
(6) A receipt shall be issued to the subdivider (or his
authorized representative) for the Final Plat submission
when it has been determined that the submission includes all
the requirements set forth in these regulations.
B. Drawing Requirements
The Final Plat drawing shall comply with the following standards:
(1) The plat shall be prepared and certification made as to its
accuracy by a registered land surveyor licensed to do such
work by the State of Colorado. A workman-like execution of
26
the plat shall be made in every detail. A poorly drawn or
illegible plat is sufficient cause for its rejection.
(2) The plat shall be delineated in drawing ink on water-proof
tracing cloth or mylar or other drafting media approved by
the Planner, at a scale of 1 inch= 100 feet, in the
following size:
twenty-four (24) inches high by thirty-six (36) inches
wide
(3) The bearings, distances and curve data of all perimeter
boundary lines shall be indicated outside the boundary line,
not inside, with the lot dimensions. When the plat is
bounded by an irregular shore line or a body of water, the
bearings and distances of a closing meander traverse should
be given and a notation made that the plat includes all land
to the water's edge or otherwise.
(4) If a plat is revised, a copy of the old plat shall be
provided for comparison purposes.
(5) All blocks, and all lots within each block, shall be
consecutively numbered.
(6) On curved boundaries and all curves on the plat, sufficient
data shall be given to enable the re-establishment of the
curves on the ground. This curve data shall include the
following for circular curves:
(a) radius of curve
(b) central angle
(c) tangent
(d) arc length
(e) notation of non-tangent curves
(7) Excepted parcels shall be marked "Not included in this
subdivision" and the boundary completely indicated by
bearings and distances.
(8) All streets, walkways and alleys shall be designated as such
and streets shall be named; bearings and dimensions must be
given.
A ff (9) All easements shall be designated as such and bearings and
dimensions given.
(10) All lands within the boundaries of the plat shall be
accounted for either as lots, walkways, streets, alleys,
27
public areas such as school sites, parks, or common areas,
or excepted parcels.
(11) All dimensions of irregularly shaped lots shall be indicated
in each lot.
(12) Bearings and lengths shall be given for all lot lines,
except that bearings and lengths need not be given for
interior lot lines where the bearings and lengths are the
same as those of both end lot lines.
(13) Parcels not contiguous shall not be included in one plat,
nor shall more than one plat be made on the same sheet.
Contiguous parcels owned by different parties may be
embraced in one plat, provided that all owners join in the
dedication and acknowledgement.
(14) Lengths shall be shown to hundredths of a foot, and angles
and bearings shall be shown to seconds of arc.
(15) The information on the plat shall include:
(a) Name of subdivision, astronomic north arrow and basis
thereof, and date.
(b) Name and address of owner or owners of record.
(c) Total acreage of subdivision and total number of lots.
(d) Section (and Quarter Section if portion of a Section),
Township, Range, and principal meridian.
(e) Graphic scale.
(f) Any additional information required by C.R.S. 136-2-2.
C. Monuments
(1) Permanent reference monuments shall be set on the external
boundary of the subdivision, pursuant to C.R.S. 136-2-1.
(2) Block and lot monuments shall be set pursuant to C.R.S.
136-2-1.
(3) At least one second order benchmark (Geodetic Survey Datum)
shall be set (where practical to tie in within every
subdivision or subsequent filing prior to submission of the
Final Plat for approval.
(4) Detail and requirements on monument construction, marking,
and setting as provided by Resolution of the Board.
D. Survey Certification
28
The surveyor making a plat shall certify on the plat that it
conforms to these regulations and to all applicable state laws
and that the monuments described in it have been placed as
described. He shall affix his name and seal.
6-2 Supporting Documents
Submitted with the Final Plat drawing and considered a part of the
Final Plat submission shall be the following documents:
A. Drawings showing layout, profile, computations and detail design
l�r Flof the following:
^�0.
(1) All utility easements for water, sewer, electric, gas,
1"'1 telephone, etc., as applicable.
(2) The required number of plans, profile and typical cross
section drawings of streets, bridges, culverts, and other
drainage structures.
(3) Grading and drainage plan indicated by solid line contours
superimposed on dashed line contours of existing topography
for the area of the Final Plat. Such contours shall be at
' two (2) foot intervals for predominant ground slopes within
the tract between level and five percent (5%) grade and five
Vogt (5) foot contours for predominant ground slopes within the
r
\ : tract over five percent (5%) grade. In case of a
predominantly level topography throughout a subdivision, one
foot contour intervals may be required.
(4) Erosion control plan when required, to be submitted as a
result of Preliminary Plan review.
,' (5) The regulated number of copies of pavement design
t;;,...,""---*computations and drainage design computations.
f � These drawings and computations shall be prepared by either
t e. a registered professional engineer or registered land
surveyor, as required by the laws of the State of Colorado,
who is licensed to do such work in the State of Colorado,
and shall be in conformance with the Engineering Criteria as
provided by Resolution of the Board.
The above engineering material shall be submitted by the
Planner to the County Engineer for adequately checking the
engineering data at least ten (10) working days prior to the
Final Plat being considered by the Planning Commission.
B. A copy of a certificate of title issued by a title insurance
company or an attorney's opinion of the title which shall set
C er,'F' forth the names of all owners of property included in the Final
Plat and shall include a list of all mortgages, judgments, liens,
easements, contracts and agreements of record in Weld County,
l i 1 which shall affect the property covered by such plats. If the
I;A IC.. attorney's opinion or certificate of title discloses any of the
29
above then at the option of the Board, the holders or owners of
such mortgages, judgments, liens, easements, contracts, or
agreements shall be required to join in and approve the
application before the plat shall be acted upon by the Board.
C. Where a portion of an existing easement is contiguous to a
proposed easement or right-of-way of a new subdivision, proof of
the dedication of the existing easement or right-of-way
acceptable to the Planning Commission must be submitted.
D. Where the subdivider is to dedicate land for schools, roads,
parks, or other public purposes, a letter of intent from t e
appropriate public agencies stating that it will accept the lands
to be dedicated.
E. A copy of a contract, or some tangible guarantee, providing for
public water supply when water is to be furnished by a public
water supply agency.
L✓ tj Ot f' F. Where off-site sewage disposal is required, a copy of a contract,
or some tangible guarantee, providing for the furnishing of
adequate sewage treatment by a public sewage treatment agency.
G. When a new street will intersect with a state highway, a copy of
the state highway permit.
H. A Utility Service Statement with signatures of representatives of
each municipality or utility company involved to verify that
service will be provided to the subdivision and that the proposed
easement designs are adequate for the respective utilities.
I. Wherever applicable, a copy of agreements signed by agricultural
irrigation ditch companies specifying the agreed upon treatment
of the ditch including fencing as provided in Section 8-12.
J. Guarantee of Public Improvements
Ne +O No Final Plat shall be approved until the subdivider has
submitted and the Board has approved a Subdivision Improvement
t}r'' Agreement as provided in Section 11.
K. Summary Statement of Proposal with the following information:
(1) Total development area.
(2) Total number of proposed dwelling units.
(3) Total number of square feet of non-residential floor space.
(4) Total number of off-street parking spaces, excluding those
associated with single family residential development.
(5) Estimated total number of gallons per day of water system
requirements where a distribution system is proposed.
30
(6) Estimated total number of gallons per day and the estimated
pounds per day of BOD content of sewage to be treated where
a central sewage treatment facility is proposed, or disposal
means and suitability where no central sewage treatment
facility is proposed.
(7) Estimated construction cost and proposed method of financing
of the streets and related facilities, water distribution
system, sewage collection system, flood plain protection,
storm drainage facilities, and such other facilities as may
be necessary. If improvements are not to be completed prior
to approval of the Final Plat, the cost estimates included
in this statement shall be identical to those included in
�Q the improvement agreement.
.1'"'':- Copies of deed re
"9 L striction, including those required by the Board
` r:or-'to govern the future use of each
oi lot and any common land.
M. Monument record for required
the entire tract included in the nplatrandafor nd closure
each block s in id
O tract. said
N. Certifications on the Final Plat
The Final Plat shall contain the following certificates:
(1) Certificate of Dedication, Ownershi and Maintenance;
Know all men by these presents that
being
the Owner(s), Mortgagee or Lienholder of certain landsin
Weld County, Colorado, described as follows:
Beginning etc. Containing acres
more or less: have by these presents laid out t d
and
subdivided the same into lots and blocks, as shown on this
plat, under the name and style of
do herey
dedicate to the public all ays and- --other public
rights-of-way and easements for purposes shown hereon. It
is understood and agreed to by the owner that the dedicated
roadways shown on this plat will not be maintained by the
County until and unless the owner or his assigns constructs
the streets in accordance with the subdivision regulations
in effect at the date of the recording of this Plat.
Executed this day of
A.D., 19
Mortgagees or Lienholder
S.S.
County of Weld
The foregoing dedication was acknowledged before me this
day of , A.D., 19
31
My Commission expires
Notary Public Witness My Hand and
Seal
(2) Surveying Certificate
I' , a Registered Professional Land
Surveyor in the State of Colorado do hereby certify that the
survey represented by this plat was made under my
supervision and the monuments shown thereon actually exist
and this plat accurately represents said survey.
By:
Registered Land Surveyor
(3) Planning Commission Certificate
This plat approved by the Weld County Planning Commission
this day of A.D. 19
By:
Chairman
(4) Certificate of Approval by the County Commissioners
Approved by the Board of County Commissioners of Weld
County, State of Colorado.
Witness my hand and the corporate seal of Weld County this
day of ,A.D., 19
Attest:
Chairman
(5) Recorders Certificate
This plat was filed for record in the office of the County
Clerk and Recorder of Weld County at M. on the
day of , A.D., 19 in book
map reception page
,,
County Clerk and Recorder
By:
Deputy
0. Accessory Documents:
32
(1) A title certificate or an abstract of title covering all
public dedications.
040, (2) Certificate from the County Treasurer showing no delinquent
taxes, q
(3) A Warranty Deed which deeds to Weld County all lands other
than streets which are all to be held for or used for public
purposes.
(4) Certificate from a qualified engineer responsible for the
design of the utilities.
P. A certified list of the names, addresses and the corresponding
Parcel Identification Number assigned by the Weld County Assessor
of the owners of property of the surface estate within five
hundred (500) feet of the property subject to the application.
The source of such list shall be the records of the Weld County
Assessor, or an ownership update from a title or abstract company
or attorney, derived from such records, or from the records ofthe Weld County Clerk and Recorder. If the list was assembledfrom the records of the Weld
County Assessor, the applicant shall
certify that such list was assembled within thirty (30) days of
the application submission date. Such notice is not required by
Colorado State Statute and is provided as a courtesy to
surrounding property owners. Inadvertent errors by the
applicant in supplying such list or in sending such notice shall
not create a jurisdictional defect in the hearing process even if
such error results in the failure of a surrounding property owner
to receive such notification.
Q. A certified list of the names and addresses of mineral owners and
lessees of mineral owners having an interest in the property
which is the subject of the application. The list shall reflect
the names of these owners and lessees as they may appear on the
plats or records in the County Clerk and Recorder's Office and as
their most recent addresses may appear in the telephone directory
or other directory of general use in the area of the property or
on the tax records of the County.
33
6-3 Review Procedures -Final Plat
A. When a Final Plat has been received it shall be acted upon by the
Planning Commission at a meeting scheduled for subdivision
review, within sixty (60) days or another mutually agreed upon
period of time.
B. County Planning Commission Review
(1) The Planning Commission shall review the Final Plat at a
regularly scheduled public meeting. The Planning Commission
may require or recommend changes or modifications to the
Final Plat in the public interest. If the Final Plat and
all supplementary data comply with the applicable
requirements of these regulations, the Planning Commission
shall endorse on the plat in the space provided.
(2) Within ten (10) days after review of the Final Plat at the
public meeting, the Planning Commission shall send written
notification of its Review to the Board. Required and
recommended modifications to the Final Plat, if any, shall
be noted on three (3) prints of the plat; one copy to be
transmitted to the Board, one copy to be retained in the
Planning Commission files, and one copy to be transmitted to
the subdivider.
(3) The only basis for rejection of a Final Plat shall be its
non-conformance to adopted rules, regulations and
resolutions currently in force and affecting the land and
its development in the county, its lack of conformance with
approved Preliminary Plan, and changes required in the
public interest.
(4) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owner(s) of property of
the surface estate within five hundred (500) feet of the
property under consideration. The source of the ownership
information will be from the submitted list required in
Section 6-2 P. Such notification shall be mailed, first
class, not less than ten (10) days before the scheduled
hearing. Such notice is not required by Colorado State
Statute and is provided as a courtesy to surrounding
property owners. Inadvertent errors by the applicant in
supplying such list or in sending such notice shall not
create a jurisdictional defect in the hearing process even
if such error results in the failure of a surrounding
property owner to receive such notification.
(5) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owners and lessees of
the mineral estate on or under the subject property. The
source of the ownership information will be from the
submitted list required in Section 6-2 Q. Such notification
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shall be mailed, registered mail, not less than ten (10)
days before the scheduled hearing.
(6) A copy of the Final Plat filed with the Planning Department
shall be available for public viewing. Any affected person
may submit verbal or written comments to the Planning
Commission regarding the Final Plat, stating the reasons for
their support or objections to the Final Plat pursuant to
these regulations, on or before the date of the Planning
Commission Hearing.
C. Board Hearing
The Board shall hold a hearing on the final Plat within ten (10)
days of receipt of transmittal from the Planning Commission at a
regularly scheduled public board meeting. The Board shall also
consider the modifications recommended by the Planning
Commission. If the Board determines that the Final Plat
submission and the recommended modifications complies with the
applicable requirements of these regulations, they shall endorse
on the Plat in the space provided.
D. The subdivider shall provide the Planner with an adequate number
of the approved plats or prints marked for modification, together
with the official notification of the action to be distributed by
the Planner as follows:
(1) One copy to Planning Commission files
(2) One copy to Board files
(3) One copy to Subdivider
(4) One copy to Engineer and/or Surveyor of the subdivision
(5) One copy to Colorado Land Use Commission together with
supporting materials submitted pursuant to Section 6-2
(6) One copy each to Utility Companies serving the Subdivision
E. Recording Final Plat
(1) The Planner shall record the Final Plat with the County
Clerk and Recorder within five (5) working days of approval
of the Final Plat by the Board.
(2) The County Clerk and Recorder shall furnish the subdivider
with a receipt for the Final Plat upon filing of the Final
Plat.
6-4 Resubdivision Procedure
A. For any change in a map of an approved or recorded subdivision
plat or for any change in a map or plan legally filed prior to
35
adoption of any regulations controlling subdivisions, if such
change affects any lot line, any street layout shown on such map,
or any area reserved for public use such as utility or drainage
easements, such change or parcel shall be approved by the
procedures delineated below in this Section 6-4 except that
changes only affecting lot lines and which do not create
additional parcels or affect public rights-of-way for street or
drainage purposes shall utilize Section 6-4 B below.
B. Requests for changes to lot lines which do not create additional
lots or affect public rights-of-way for street or drainage
purposes require the following procedure:
(1) Submittal requirements:
(a) An application form as prescribed and furnished by the
Department of Planning Services.
(b) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest
in said property. The deed, purchase contract, or
legal instrument should include a complete and accurate
legal description of the property.
(c) A Utility Service Statement with signatures of
representatives of each municipality or utility company
involved to verify that existing and proposed easement
designs are adequate for the respective utilities if
the lot line(s) being relocated affect an easement for
utilities.
(d) A letter of explanation detailing the situation
indicating the reason(s) why the request for the
resubdivision or vacation has been made. The letter
should address the revisions or vacation being
requested as compared to the previously recorded plat.
(e) A copy of the existing recorded plat.
(f) A map of either 81" X 14" or 24"X 36" in size (a map
prepared on the 24" X 36" size must be accompanied by 6
copies) prepared in accordance with the applicable
requirements of Sections 6-1 and 6-2 of these
Subdivision Regulations. The Director of the
Department of Planning Services may waive any
non-applicable requirements.
(2) Review Procedure.
(a) Upon determination that an application is complete, the
Department of Planning Services shall place the request
on the first available scheduled Planning Commission
meeting.
36
(b) In the event that a utility easement is affected, the
Department of Planning Services shall first place the
matter for review on the first available Utilities
Review Advisory Committee meeting before presenting the
request to the Planning Commission.
(c) The Board shall review the request within ten (10) days
of the Planning Commission action. If the Board
determines the request complies with the applicable
requirements of those regulations, they shall endorse
on the plat in the space provided.
(d) The map shall be recorded as provided in Section 6-3E
of these Subdivision Regulations.
C. Requests for resubdivision for the purpose of redesign, addition
of new lots, or vacation of all or portions of a subdivision
shall be subject to the resubdivision submittal requirements of
the 6-4D below. These revisions shall be submitted to the
Planning Commission and Board of County Commissioners for their
review. The request shall be reviewed in accordance with
Section 6-3 of these regulations.
D. The applicant shall submit to the Office of the Department of
Planning Services the following items with the appropriate fee
for a request for a resubdivision or vacation in the
unincorporated area of Weld County, Colorado:
(1) An application form as prescribed and furnished by the
Department of Planning Services.
(2) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest in
said property. The deed, purchase contract, or legal
instrument should include a complete and accurate legal
description of the property.
(3) 12 copies of a plat showing the existing lot divisions and
the proposed lot changes in accordance with the Final Plat
drawing requirements of Section 6.1.B. of the Subdivision
Regulations.
(4) A Utility Service Statement with signatures of
representatives of each municipality or utility company
involved to verify that existing and proposed easement
designs are adequate for the respective utilities.
(5) A letter of explanation detailing the situation indicating
the reason(s) why the request for the resubdivision or
vacation has been made. The letter should address the
revisions or vacation being requested as compared to the
previously recorded plat.
37
(6) One copy of the existing recorded plat of the subdivision
shall be provided for comparison purposes.
(7) A certified list of the names, addresses and the
corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property (the surface
estate) within five hundred (500) feet of the property
subject to the application. The source of such list shall
be the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived
from such records, or from the records of the Weld County
Clerk and Recorder. If the list was assembled from the
records of the Weld County Assessor, the applicant shall
certify that such list was assembled within thirty (30) days
of the application submission date. Such notice is not
required by Colorado State Statute and is provided as a
courtesy to surrounding property owners. Inadvertent errors
by the applicant in supplying such list in sending such
notice shall not create a jurisdictional defect in the
hearing process even if such error results in the failure of
a surrounding property owner to receive such notification.
(8) A certified list of the names and addresses of mineral
owners and lessees of mineral owners having an interest in
the property which is the subject of the application. The
list shall reflect the names of these owners and lessees as
they appear on the plats or records in the County Clerk and
Recorder's Office and as their most recent addresses may
appear in the telephone directory or other directory of
general use in the area of the property or on the tax
records of the County.
(9) Any other information determined to be necessary by the
Department of Planning Services that will aid in helping the
Planning Commission and the Board of County Commissioners
make a decision.
E. Any such resubdivision shall be approved if it complies with the
requirements of this Section 6-4 and other adopted rules,
regulations and ordinances currently in force and affecting the
land and its development in the County except that:
(1) No lot or parcel of land shall be created that is less than
the minimum requirements for area or dimension as
established by these regulations or other applicable
ordinances;
(2) Drainage easements or rights-of-way reserved for drainage
shall not be changed unless supported by complete
engineering data; and
(3) The plat shall not be altered in any way which will
adversely affect the character of the plat filed.
38
6-5 Correction Plat
A. The Board of County Commissioners may,
without hearing
compliance with any of the submission, referral, or review
requirements of these regulations, approve a correction plat if
the sole purpose of such correction plat is to correct one or
more technical errors in an approved plat and where such
correction plat is consistent with an approved preliminary plan
and/of final plat.
6-6 Numbering System
A. The Planning Department shall maintain an adequate numbered
filing system for all subdivisions, including copies of all maps,
data, and actions. A master location map (or maps) referenced to
the filing system shall be made available for public use and
examination.
SECTION 7 CONFORMANCE WITH EXISTING LAWS
7-1 General
Land being subdivided shall conform with the Comprehensive Plan,
Zoning Resolution, and other resolutions and regulations in effect in
the County. All plans of streets or highways for public use, and all
plans, plats, plots, and replots of land laid out in subdivision or
building lots, and the streets, highways, alleys, or other portions of
the same intended to be dedicated to a public use or the use of
purchasers or owners of lots fronting thereon or adjacent thereto,
shall be submitted to the Board of Review and subsequent approval,
conditional approval, or disapproval.
The Board shall have the power to bring an action to enjoin any
subdivider from selling, agreeing to sell, or offering to sell
subdivided land before a Final Plat for such subdivided land has been
approved by the Board as provided in C.R.S. 106-2-9(4).
39
SECTION 8 DESIGN STANDARDS
All subdivisions approved by the Board must comply with the following
standards.
8-1 General Standards
A. The design and development of subdivisions shall preserve,
insofar as it is possible, the natural terrain, natural drainage,
existing topsoil, and trees.
B. Land subject to hazardous conditions such as land slides, mud
flows, rock falls, snow drifts, possible mine subsidence, shallow
water table, open quarries, floods, and polluted or nonpotable
water supply shall be identified and shall not be subdivided
until the hazards have been eliminated or will be eliminated by
the subdivision and construction plans.
C. Provision shall be made to preserve groves of trees, streams,
unusually attractive topography, and other desirable natural
landscape features.
D. A proposed subdivision shall be designed in such manner as to be
coordinated with adjoining subdivisions with respect to the
alignment of street rights-of-way and utility and drainage
easements and open spaces.
8-2 Streets
A. Street Requirements
(1) Street Plan. The arrangement, extent, width, type and
location of all streets shall be designed in relation to
existing or planned streets, to topographic conditions, to
public convenience and safety, and in relation to the
proposed use of land to be served. Streets shall be
extended to the boundaries of each building site, except
where such extension is prevented by topography or other
physical conditions; or where the connection of streets with
existing or probable future streets is deemed unnecessary
for the advantageous development of adjacent properties.
All building sites shall have access to a public street.
(2) Through Traffic. Local streets shall be arranged so that
their use by through-traffic will be discouraged.
(3) Stub Streets. Provision must be made, through the provision
of stub streets or extension of new streets to connect to
existing stub streets, to provide an efficient street
system. Not more than six (6) lots shall front on a stub
street except where a temporary turn-around is provided.
(4) Intersections. Freeways and arterial streets shall not be
intersected by local streets. Collector streets shall not
40
25 C
(a n((Sr1
intersect major arterial streets at intervals of less than
1320 feet (1/4 mile).
S. _ IS (5) Right-of-Way Width. Streets shall have the following
minimum right-of-way widths:
(a) Freeways- two hundred and fifty (250) feet;
1.7 (b) Major arterials -one hundred and forty (140) feet;
(c) Minor arterials - one hundred (100) feet;
(d) Collector street - eighty (80) feet;
(e) Local street and service road - shall be at least sixty
(60) feet; (Freeways and Major arterials shall be
designated on the Comprehensive Plan.)
(6) Roadway Width. Streets shall have the following roadway
minimum widths:
(a) Four lane arterial streets - sixty-four (64) feet;
(b) Collector street -forty (40) feet;
"(c) Local street or service road forty (40) feet;
\(d) At least six foot shoulders shall be provided on
arterial streets where curbs are not provided.
(7) Half-Streets. Half-streets shall not be permitted unless:
(a) They are required to complete a half street already in
existence;
(b) The subdivider obtains for the County a dedication from
the abutting landowner of the other one-half of the
street; and,
(c) The subdivider obtains from the said abutting landowner
an agreement in a form satisfactory to the Board which
guarantees the cost of the improvements and
construction of the same on the half street within a
time suitable to the Board; and,
(d) The subdivider guarantees the construction of the
improvements on the half street which he is dedicating;
or,
(e) Upon waiver by the Board.
(8) Dead-end Streets. (not cul-de-sacs). Dead-end streets
shall not be permitted.
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(9) Cul-de-sac Streets. Permanent cul-de-sac streets serving no
more than twenty (20) lots may be permitted and must be
provided with a right-of-way at the turn around of
sixty-five (65) feet radius or more and the outside curb or
pavement edge radius must be fifty-five (55) feet or more.
(10) Number of Streets at Intersection. No more than two streets
shall intersect at one point.
(11) Angle of Street Intersections. Streets shall intersect at
ninety (90) degrees, except where this may be impractical.
Angles of less than ninety (90) degrees may be designed,
subject to the approval of the Board.
(12) Centerlines of Intersection Streets. Two streets meeting a
third street from opposite sides shall meet at the same
point, or their centerlines shall be offset at least three
hundred (300) feet. This requirement shall not apply to the
alignment of opposing cul-de-sacs streets.
B. Street names. Streets shall have the names of existing streets
which are in alignment in the county or in an adjoining county or
municipality. There shall be no duplication of street names
within the area.
C. Curvature and Alignment
(1) Horizontal Curves. To ensure adequate sight distances, when
street roadway lines deflect more than five (5) degrees,
connection shall be made by horizonal curves. The minimum
centerline radii for local streets shall be one hundred
(100) feet; collector streets two hundred (200) feet; and of
all other streets, three hundred (300) feet. On collector
and major streets a minimum tangent of one hundred (100)
feet shall be required between reverse curves.
(2) Vertical Curves. Vertical curves shall be used at changes
of grade exceeding one percent and shall be designed to
provide minimum sight distances of two hundred (200) feet
for local streets and three hundred (300) feet for all other
streets (arterial and collector streets shall be as
determined by the current specifications of the American
Association of State Highway Officials).
No vertical grade shall be less than 0.2% in order to
facilitate adequate drainage.
Maximum percent of street grade, except as provided below:
Local streets 8%
Collector streets 7%
Arterial streets 5%
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(a) Where a horizontal curve occurs on a grade of over five
percent, the maximum allowable percent of grade on the
curve shall be reduced by 0.5% of each 50 feet that the
curve radius is less than 400 feet.
(b) Street grades shall not exceed 4.0% for a distance
extending at least forty feet in each direction from a
street intersection.
D. Frontage of Major Highways
Where a residential subdivision abuts a major highway, service
roads may be required. A subdivision that adjoins or contains an
existing or proposed freeway or major arterial provided in the
Comprehensive Plan may be required to provide service roads at
least forty-four (44) feet in paved width or more as required.
Where a subdivision borders a railroad right-of-way, freeway,
arterial or collector street, a landscaped buffer area of not
less than twenty (20) feet may be required for adequate reduction
of noise pollution.
E. Roadbed Construction Standards for Paved Roadways
Roadbed construction shall be constructed in accordance with
standards provided by resolution of the Board.
8-3 Sidewalks, Curbs, and Gutters
Sidewalks shall be provided where required by the Board, on both sides
of all streets, not less than four (4) feet in width. Sidewalks,
curbs and gutters shall be constructed as provided by resolution of
the Board.
8-4 Block Standards and Walks
A. Block Standards
The lengths, widths and shapes of blocks shall be determined with
due regard to the following:
(1) Provision of adequate building sites suitable to the special
needs of the type of use contemplated;
(2) Requirements of the zoning resolution as to lot sizes and
dimensions;
(3) Needs for convenient access and control and safety of
vehicular and pedestrian traffic circulation, and emergency
vehicles;
(4) Limitations and opportunities of topography;
43
(5) Maximum block length between intersecting streets shall be
1,500 feet, unless waived by the Board.
B. Pedestrian Walks
Where blocks exceed one thousand (1000) feet in length,
pedestrian rights-of-way of not less than ten (10) feet in width
shall be provided through blocks where needed for adequate
pedestrian circulation. Improved walks of not less than four (4)
feet in width shall be placed within the pedestrian
rights-of-way.
8-5 Lot Size Standards
A. Lot size, width, depth, shape and orientation and minimum
building setback lines shall be appropriate for the location of
the subdivision and for the type of development and use
contemplated, and shall facilitate the placement of buildings
with sufficient access, outdoor space, privacy and view. No lot
shall be more than three times as long as it is wide.
B. Depth and width of properties reserved or laid out for commercial
and industrial purposes shall be adequate to provide for
off-street parking, landscaping or planting area, and loading
areas required by the type of use and development contemplated.
C. Lots
(1) No single lot shall be divided by a municipal or county
boundary line.
(2) A lot shall not be divided by a road, alley or other lot.
(3) Each lot shall be provided with satisfactory access to an
existing public street.
(4) Corner lots for residential use shall accommodate the
required building setback line on both street frontages.
(5) Wedge-shaped lots. In the case of wedge-shaped lots, no lot
shall be less than thirty (30) feet in width at the front
property lines.
(6) Lot lines. Side lot lines shall be at substantially right
angles and radial to curved streets. Where lot lines are
not at right angles to the street lines this shall be
indicated.
(7) Front on public street. Double frontage and reverse
frontage lots shall not be permitted except where essential
to provide separation of residential properties from
arterial streets or commercial uses, or orientation.
44
(8) A planting screen:emre—en:fichliefsilinbe(11
across which there shall be no
right of vehiculacc , may be required along the
property line ofts tting an arterial street. A
statement dissolvinigh access from individual lots to
the arterial streey bquired with the Final Plat.
8 6 Easement Standards
Easements shall follow rear siot lines whenever practical and
shall have a minimum totaldth twenty (20) feet apportioned
equally in abutting propertie ` (Wherefront line easements ed, a minimum of fifteen (15)
feet shall be allocated as a utility easement. Perimeter easements
1J shall not be less than fifteen (15) feet in width extending throughout
`� the peripheral area of the development.
Easements shall be designed so as to provide efficient installation of
utilities. Special guying easements at corners may be required.
Public utility installations shall be so located as to permit multiple
installations within the easements to avoid cross connections,
minimize trenching and adequately separate incompatible systems.
The developer shall establish rough cut final utility grades prior to
utility installations. (For drainage easement requirements see
Section 8-11).
8-7 Alleys
Service access to the interior of blocks may be permitted in certain
instances, in which case such alleys must be indicated in the plats.
8-8 Driveways
Driveways shall not be permitted to have direct access to major or
minor,arterial streets.
8-9 Sanitary Sewage Disposal
A. General Requirements
In all new subdivisions, all lots, or parcels which cannot be
connected to a public or community sanitary sewage system shall
be provided with an on-lot sewage disposal system prior to the
occupancy of, or use of buildings constructed thereon. In order
to determine the adequacy of the soil involved to properly absorb
sewage effluent and to determine the minimum lot area required
for such installations, an interpretive map based on the National
Cooperative Soil Survey showing the suitability of the soil for
septic tank fields will be submitted along with the results of
percolation tests. The results of these data will be reviewed by
the Planning Commission and by the Department of Health to
determine the general suitability of the soil for on-lot disposal
systems.
45
(1) Lands made, altered, or filled with non-earth materials
within the last ten (10) years shall not be divided into
building sites which are to be served by soil absorption
waste disposal systems.
(2) Each lot to be served by an on-site soil absorption sewage
disposal system shall have fifty percent (50%) of its
minimum required lot area or twenty thousand (20,000) square
feet, whichever is less, in slopes of less than fifteen
(15%) percent.
(3) Each subdivided lot to be served by an on-site soil
absorption sewage disposal system shall contain an adequate
site for such system. An adequate site requires a minimum
depth of eight (8) feet from the surface of the ground to
impermeable bedrock, and a minimum depth of eight (8) feet
from the surface of the ground to the ground water surface
(based on annual high water level). Each site must also be
at least one hundred (100) feet from any water supply well,
stream or water course, and at least ten (10) feet from any
dwelling or property line.
(4) Soils having a percolation rate slower than thirty (30)
minutes per inch shall not be divided into building sites to
be served by soil absorption sewage disposal systems.
(5) Land rated as having severe limitations for septic tank
absorption fields as defined herein or by the U.S.
Department of Agriculture, Soil Conservation Service, shall
not be divided into building sites to be serviced by soil
absorption sewage disposal systems unless such building
sites contain not less than two and one-half acres.
(6) An applicant desiring to install soil absorption sewage
disposal facilities on the soils having severe limitations,
as determined in the preliminary plan review, shall; have
additional on-site investigations made, including
percolation tests; obtain the certification of a soils
scientist that specific areas lying within these soils are
suitable for the proposed soil absorption sewage disposal
system; and meet the State Health Department regulations.
In addition, the Sanitary Inspector shall find that the
proposed corrective measures have overcome the severe soil
limitations.
(7) Other applicable standards adopted by the State Water
Pollution Control Commission and the County Health
Department.
An applicant desiring to install soil absorption sewage disposal
facilities on soils having severe limitations shall have an
opportunity to present evidence contesting such classification
and analysis if he so desires. Thereafter the Colorado Water
46
Pollution Control Commission may affirm, modify or change the
classification.
B. Sanitary Sewer Mains, Laterals and House Connections
Where local, county, and regional master plans indicate that
construction or extension of sanitary sewers may serve the
subdivision area within a reasonable time, the Board may require
the installation and capping of sanitary sewer mains and house
connections in addition to the installation of temporary
individual on-lot sanitary disposal systems. An agreement with
the State Health Department shall be required which stipulates
that the subdivider and/or lot owner shall connect to said sewer
within three (3) months after it is available. The design and
installation of all capped sewers, laterals and house connections
must be approved by the County Health Department. Whenever
individual on-lot sanitary sewage disposal systems are proposed
the subdivider shall either install such facilities, or require
by deed restrictions or otherwise as a condition of the sale of
each lot or parcel within such subdivision that on-lot sanitary
sewage disposal facilities be installed by the purchaser of said
lot at the time that the principal building is constructed. In
all other cases sanitary sewage disposal facilities shall be
provided for every lot or parcel by a complete community or
public sanitary system. All sewer mains shall be installed in
easements and/or dedicated rights-of-way.
C. Test Procedures
Test procedures shall be conducted in accordance with U.S. Public
Health Service Publications Number 526, 1963 Edition, including
any revisions thereto, and other County requirements.
8-10 Water Supply
Water supply systems shall be provided consistent with the standards
of the requirements of these regulations.
A. Public Water Supply Systems
Where water supply is to be by a central system either through a
municipality, a water district, or water company or association,
the subdivider must furnish evidence or adequate water supply and
ability to serve. If a new off-site water supply system is
proposed, the subdivider prior to approval shall provide a
certified letter from the State Engineer stating that proper
water rights have been acquired, or a proper non-tributary source
is reasonably available for the future use of the subdivision.
The central water supply system shall contain mains of sufficient
size and having a sufficient number of outlets to furnish an
adequate water supply for each lot or parcel in the subdivision
and to provide adequate fire protection. The minimum size of
water mains shall be six (6) inches, unless specifically excepted
47
by the Board. Fire hydrants shall be spaced no more than 1000
feet apart. All water mains shall be installed in dedicated
streets, alleys, or easements.
All subdivisions containing ten (10) or more lots shall be served
by a public water system.
B. On-site Water Systems
Where the subdivider proposes that individual on-lot water supply
systems be constructed within the subdivision, the subdivider
shall install such facilities, or shall require by deed
restriction or otherwise as a condition of the sale of each lot
within the subdivision that the facilities be installed by the
purchaser of said lot at the time the principal building is
constructed.
Where individual on-lot water supply systems are proposed or
necessary, a geologic report shall be submitted and shall contain
a specific section on ground water geology prepared by a
qualified ground water geologist which indicates':
(1) The probability of success of wells or on-site supply
systems throughout the proposed subdivision.
(2) The expected long term yield of such wells or systems.
(3) The expected depth to usable water.
(4) The expected quality of the anticipated water.
(5) Any expected significant problems of long-term supply,
pollution or long-term maintenance of such wells or systems.
(6) The anticipated accumulative effect of such water use on
other vested water rights in the area.
(7) The report shall include such other information as required
by the Planning Commission.
C. Fire Safety Requirements
All subdivisions of ten (10) building sites or more shall be
required to provide minimum fire protection as follows:
(1) Fire hydrants shall be spaced no more than 1000 feet.
(2) Minimum water line size shall be six (6) inches within all
subdivisions having two (2) lots or more per acre.
(3) Fire hydrants that have two and one-half (21/2) inch outlets
shall have the National Standard Thread. Four and one-half
(41/2) inch or six (6) inch steamers shall have threads known
as D-522, six (6) threads per inch.
48
(4) Minimum residual pressure of 20 to 30 psi at the fire
hydrants will be considered to provide minimum fire
protection.
(5) Fire hydrants shall be located on dedicated street
rights-of-way and be accessible to the standard fire pumper
or as specified in an approved Planned Unit Development.
8-11 Storm Drainage and Flood Plains
Drain areas shall be left in a natural state unless approved by the
Planning Commission and no encroachment shall be made on the natural
channel. A plan to prevent water pollution shall be submitted and
adhered to wherever any modification of topography is required during
construction within 100 feet of any stream, irrigation ditch or
drainage channel.
Complete drainage systems for the entire subdivision area shall be
designed by a professional engineer, licensed in the State of Colorado
and qualified to perform such work and shall be shown graphically.
All existing drainage features which are to be incorporated in the
design shall be so identified. If the Final Plat is to be presented
in sections, a general drainage plan for the entire area shall be
presented with the first section and appropriate development stages
for the drainage system for each section shall be indicated.
Where a subdivision is traversed by a water course, drainage way or
stream, there shall be provided a perpetual drainage easement
conforming substantially with the lines of such watercourse, and of
such width as necessary and adequate to carry off the predictable
volume of storm water drainage from a twenty-five (25) year frequency
storm as determined by the standard method for calculations used by
the Corps of Engineers.
B. Design of Drainage Systems
The drainage system shall be designed to consider the drainage
basin as a whole and shall accommodate not only runoff from the
subdivision area but also, where applicable, the system shall be
designed to accommodate the runoff from those areas adjacent to
and upstream from the subdivision itself, as well as its effects
on lands downstream.
The following requirements will be needed to complete the street
and drainage analysis.
(1) A general location map for the subdivision showing the
entire watershed. U.S.G.S. quadrangle map or an aerial
photograph is adequate.
(a) Outline the subdivision accurately on this map.
49
(b) Outline the area or areas draining into the subdivision
on this map and show areas in acres in a corner of the
map.
(2) A topography (contour) map of the subdivision showing lots,
blocks, streets and any unusual features of filled areas.
(3) A preliminary layout map showing the method of moving storm
sewer water through the subdivision will be needed. This
map should also show runoff concentrations in acres of
drainage area on each street entering each intersection.
(This may be combined with the topographic map). Flow arrow
should clearly show the complete runoff flow pattern at each
intersection.
(4) Demonstrate the adequacy of drainage outlet by plan,
cross-section and/or notes and explain plan for handling
diverted storm water after it leaves the subdivision.
(5) Submit detail of ditch and culvert as applicable.
(6) Calculate projected quantity of storm water entering the
subdivision naturally from area outside of subdivision.
(7) Quantities of flow at each pickup point.
(8) Location, size and grades of required culverts, drain inlets
and storm drainage sewers.
(9) When no-joint pipe is installed, it shall be installed in
accordance with ASTM Designation C477-61T.
(10) The rainfall frequency rate used in determining the flow of
storm water shall be based on the following:
The current hydrology computations method as used by
U.S.D.A. Soil Conservation Service offices, or the generally
accepted Rational Formula and tabulation as used to
calculate the individual drainage areas, time of flow, and
ultimate quantities at each collection point. (Q=AIC•
where Q=quantity of runoff, A=area of drainage in square
feet, I = intensity/time ratio in inches per minute, and
C= runoff coefficient).
(a) A ten (10) year frequency storm may be carried in the
paved portion of the street, that is, from the back of
sidewalk to the back of sidewalk.
(b) A fifty (50) year frequency storm may be carried within
the natural watercourse and the dedicated right-of-way.
(c) In the event a quantity of water in excess of these
limits is calculated to exist, a storm system will'be
be
50
provided either in the form of an underground system or
a formal drainage way to prevent excessive ponding.
(d) In general, culvert sizes shall be sufficient to
accommodate the flow computed with no head at the inlet
and no less than the equivalent of an eighteen (18)
inch diameter pipe. The velocity of flow in an unlined
ditch shall be compatible with the soil erosion
characteristics or the treatment to be afforded the
ditch.
(e) The quantity and velocity of flow in streets shall be
computed from acceptable flow charts or by the usual
methods used in computing flows in open channels.
(f) Whenever a subdivision is traversed by a drainage way
which is approved by the County Engineer for surface
drainage, provisions shall be made for the dedication
to the public adequate rights-of-way for access and
maintenance.
C. Aquifers
Any use of land which would pollute or contaminate an aquifer is
prohibited. This includes but is not ,limited to sanitary land
fills, septic tank and on-lot sewage disposal systems.
The following regulations apply to development over aquifers that
are within twenty (20) feet of the land surface and in areas of
aquifer recharge:
(1) Construction of buildings shall not be permitted unless
approval by the State Health Department and the Colorado
Geological Survey.
(2) Building construction, if permitted, shall have foundations
designed by a professional engineer.
D. Flood Plains
The following regulations apply to development in designated
flood plains:
(1) Construction of buildings shall not be permitted in a
designated floodway with a return frequency more often than
a one-hundred (100) year flood, based on a six hour
continuous storm.
(2) Any use of land is prohibited where flooding would create a
public health problem. This includes shallow wells, uncased
deep wells, sanitary land fills, septic tank and on-lot
sewage disposal systems, water treatment plants, and also
sewage disposal systems not completely protected from
inundation.
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(3) Trailer parks, mobile homes and similar uses shall not be
permitted in any designated floodway.
(4) Any contemplated flood plain encroachment or channelling
shall be thoroughly analyzed and its effect on stream flow
determined before it is undertaken. Any construction,
dumping, and filling operations in a designated floodway
constitutes an encroachment.
(5) Floodlands. No lot one (1) acre or less in area shall
include floodlands. All lots more than one (1) acre shall
contain not less than forty thousand (40,000) square feet of
land which is at an elevation of the one hundred (100) year
recurrence interval flood or, where such data is not
available, five (5) feet above the elevation of the maximum
flood of record.
8-12 Irrigation Ditches
Existing irrigation ditches shall be incorporated within the
subdivision plan in a manner such that their function is not impaired.
The ditches shall be protected from encroachment and may be fenced in
a manner acceptable to the ditch company.
8-13 Abandoned Mines
Building construction that occurs in areas of abandoned mines shall be
approved by a professional engineer.
8-14 Subdividing or Planning All of Parcel
Where an entire parcel is not subdivided, the subdivider must indicate
his intended plans for disposition of the remainder of the parcel.
8-15 Public Sites and Open Spaces
A. The Planning Commission and the Board, upon consideration of
vehicular traffic and facilities and the particular type of
development proposed in the subdivision, may require the
dedication, development, and/or reservation of areas or sites of
a character, extent and location suitable for public use for
parks, greenbelts, or other necessary public purposes, other than
subdivision streets and utility easements designated in
accordance with one of the following alternatives or as specified
in the PUD plan:
(1) The required acreage as may be determined according to
Section 8-15-B of the subdivision regulations shall be
dedicated to a public agency for one or more essential
public purposes. Any area so dedicated shall be approved by
the proper public agency and shall be maintained by the
public agency.
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(2) The required acreage as determined according to
Section 8-15-B of the subdivision regulations may be
reserved through deed restrictions as open area, the
maintenance of which shall be ensured by specific
obligations in the deed of each lot within the subdivision.
(3) In lieu of land there may be required a payment to the
County in an amount equal to the market value at the time of
Final Plat submission of the required acreage as determined
according to Section 8-15-B. Such value shall be determined
by a competent land appraiser chosen jointly by the Board
and the subdivider. The case collected shall be deposited
in an escrow account to be expended for parks at a later
date.
B. Required Acreage
The amount of land that may be required for public dedication,
reservation, or as a measure of money to be paid in lieu of such
dedication or reservation, shall be determined as follows:
(1) For residential subdivisions:
Required Acreage = expected population x 10.5
1000
Expected population will be determined by the Planner as
follows:
Expected population shall be determined by multiplying
the total number of units proposed for the subdivision
by the average number of inhabitants per unit in
existing subdivisions of a similar character.
(2) For commercial or industrial subdivisions or portions of
subdivisions:
Required Acreage-Not less than five percent (5%) nor more
than twelve percent (12%) of the acreage of the commercial
or industrial portion of the subdivision.
8-16 Underground Utilities
A. All electric and communication utility lines and services, and
all street lighting circuits shall be installed underground,
except for the following:
(1) Transformers, switching boxes, terminal boxes, meter
cabinets, pedestals, ducts and other facilities necessarily
appurtenant to such underground and street lighting
facilities;
(2) All facilities reasonably necessary to connect underground
facilities to existing or permitted overhead or above-ground
facilities;
53
(3) Overhead electric transmission and distribution feeder lines
and overhead communication long distance, trunk and feeder
lines, existing or new;
(4) It shall not be necessary to remove or replace existing
utility facilities used or useful in serving the
subdivision.
Deviations from the requirements, other than those listed above,
shall be permitted only with the written recommendation of the
Planning Commission and the Board who shall make such
recommendation only in cases of extreme difficulty.
54
SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS
9-1 Exemption from Definition of "Subdivision or Subdivided Land"
The Board hereby determines that land divisions which meet the
requirements for exemption in this Section 9 are not within the
purposes of Article 28 of Title 30 of CRS '73 as amended. Pursuant to
sub-section (10)(d) of 30- 28-101 of CRS '73, as amended, such land
divisions are exempt from the definition of "subdivision" or
"subdivided land" and from following the complete regulations,
requirements and procedures set forth in these Subdivision
Regulations. Such land divisions must follow the procedures in this
Section 9. Exemptions approved pursuant to this Section 9 shall be
referred to as "Recorded Exemptions"and "Subdivision Exemptions".
9-2 Recorded Exemptions
A. Intent
The intent in establishing the Recorded Exemption Procedure is to
provide, in accordance with the Weld County Comprehensive Plan
and Intent of the zone district in which the request is made, a
means whereby a lot may be divided into two (2) separate lots.
Such divisions should only be permitted when they are compatible
with the surrounding area and uses; will not be inconsistent with
efficient and orderly development; and are consistent with the
Weld County Comprehensive Plan.
B. General
(1) Any lot having been created by a Recorded Exemption shall
not be redivided by a new Recorded Exemption for a period
less than five (5) years commencing from the date of
approval of the Recorded Exemption which created such lot.
(2) An applicant's total contiguous land ownership shall be the
subject of the Recorded Exemption request except as follows:
In the "A" -- Agricultural District where a contiguous
ownership equals at least twice the minimum lot size
(Section 31.5 of the Weld County Zoning Ordinance) an
applicant may use a portion of his (her) ownership which is
equal to the minimum lot size for the request.
(3) Public road rights-of-way shall be dedicated or reserved in
conformance with the Weld County Thoroughfare Plan or in
conformance with the master plans of affected
municipalities.
(4) No Recorded Exemption shall be considered complete until the
plat, required pursuant to Section 9-2 C (4), has been
submitted to the Weld County Clerk and Recorder in
accordance with Section 9-2 D (6).
55
(5) No lot which is part of an approved or recorded subdivision
or any map or plan filed in the records of the Weld County
Clerk and Recorder prior to adoption of any regulations
controlling subdivisions or part of any Minor Subdivision,
shall be redivided or changed in any manner by the Recorded
Exemption procedure. Such platted lots may only be
resubdivided or changed by utilizing Section 6-4 or 12-3 (as
applicable) of these Regulations.
C. Submission Requirements
(1) The following information shall be submitted on forms
provided by the Department of Planning Services.
(a) Name, address, and telephone number of the
applicant(s).
(b) Name and address of the fee owner(s) of the property
proposed for the Recorded Exemption, if different from
above.
(c) Legal description of the property under consideration.
(d) Total acreage of the original parcel under
consideration.
(e) Approximate acreage of the two (2) proposed parcels.
(f) Signatures of the applicant and fee owner(s) or their
authorized legal agent.
(g) Proposed water and sewage disposal methods (attach
letters or permits when applicable).
(h) A certificate of all land transfers concerning the
entire tract on the form prescribed and provided by the
Department of Planning Services.
(2) The following written and supporting information shall be
submitted:
(a) A statement which describes the purpose and nature of
the request.
(b) A statement which explains that the proposal is
consistent with the Weld County Comprehensive Plan.
(c) A statement which explains that the proposal is
consistent with the intent of the district in which the
use is located.
56
(d) A statement which explains that the uses which would be
permitted will be compatible with the existing
surrounding land uses.
(e) A statement which explains that the uses which would be
permitted will be compatible with the future
development of the surrounding area as permitted by the
existing zone and with future development as projected
by the comprehensive plan of the County or the adopted
master plans of affected municipalities.
(f) A statement which explains how the proposal will not be
inconsistent with efficient and orderly development.
(g) A statement which explains that the application
complies with the Weld County Zoning Ordinance, Section
50, Overlay District Regulations if the proposal is
located within any Overlay District Area identified by
maps officially adopted by Weld County.
(h) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest
in said property. The deed, purchase contract, or
legal instrument should include a complete and accurate
legal description of the property.
(i) Such additional information as may be required by the
Board of County Commissioners in order to determine
that the application meets the standards and policies
set forth in this Section 9 and the Weld County
Comprehensive Plan.
(3) The following information shall be submitted in map form.
Dimensions of the map to be eight and one-half (8 1/2)
inches by eleven (11) inches or eight and one-half (8 1/2)
inches by fourteen (14) inches.
A sketch plan of the property at a suitable scale to show
the proposed division of the property; accesses to the
property indicating whether the access is existing or
proposed; location and measurements of any easements or
rights-of-way; amount of road frontages; identification of
any county, state or federal roads or highways; and any
existing structures on the property. Please identify the
type of structures (i.e., mobile home, labor house, barn,
single family dwelling, etc.).
(4) If any such Recorded Exemption is approved by the Board, a
plat as described below shall be submitted to the Department
of Planning Services to be recorded in the office of the
Weld County Clerk and Recorder. The location and size of
the lots shall comply with those lots described or shown
pursuant to 9-2 C et. seq. above.
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(a) The plat shall be prepared by a registered land
surveyor in the State of Colorado.
(b) The plat shall be prepared on 1 or more consecutively
numbered sheets measuring 8 1/2" X 14". It shall be
drawn on waterproof linen or mylar in ink.
(c) The plat shall be titled, "Recorded Exemption No.
(The appropriate number to be filled in by the
Planning Department.)
(d) The plat and legal description shall include all
contiguous land owned by the applicant (or as provided
under 9-2 B (2) of this Section).
(e) The plat shall include a complete and accurate legal
description of the parcel of land and its acreage.
(f) The plat shall include a vicinity sketch locating the
tract with respect to roads and other major land
features.
(g) The plat shall include an accurate drawing of the tract
and the proposed division into 2 lots. This drawing
shall include bearings, lengths and curve data of all
perimeter and lot lines. The lots shall be designated
as "Lot A" and "Lot B" and the acreage of each given.
Existing public rights-of-way which provide access to
the tract shall be shown. The scale of the drawing
shall be adequate to clearly show the above required
items. A scale and north arrow shall be included.
(h) The plat shall bear the following certifications:
(Below the legal description)
I (we) being the sole owner(s) in
fee of the above described property do hereby divide
the same as shown on the attached map.
(Signature)
The foregoing certification was acknowledged before me
this day of A.D. 19
My commission expires:
Notary Public Witness my Hand &
Seal
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I hereby certify that this plat was prepared under my
supervision; and that the same is correct to the best
of my knowledge and belief.
Registered Land Surveyor, Colo. Reg. 4P
The accompanying plat is accepted and approved for
filing.
Chairman of the Board of County Commissioners
Attest:
County Clerk and Recorder
By
Dated
D. Duties of the Department of Planning Services
(1) The Weld County Department of Planning Services shall be
responsible for processing all applications for Recorded
Exemptions. The Department shall also have the
responsibility of ensuring that all application submittal
requirements are met prior to initiating any official action
as listed below.
(2) Set a Board hearing date not more than thirty (30) days
after the complete application has been submitted.
(3) Refer the application to the following agencies, when
applicable, for their review and comment. The agencies
named shall respond within fourteen (14) days after the
mailing of the application by the Department of Planning
Services. The failure of any agency to respond within
fourteen (14) days may be deemed to be a favorable response
to the Board. The reviews and comments solicited by Weld
County are intended to provide the County with information
about the proposed Recorded Exemption. The Board may con-
sider all such reviews and comments and may solicit
additional information if such information is deemed
necessary. The reviews and comments submitted by a referral
agency are recommendations to the County. The authority and
responsibility for making the decision to approve or deny
the request for a Recorded Exemption Permit rests with the
Board.
(a) The Planning Commission or Governing Body of any town
and county whose boundaries are within a three (3) mile
59
radius of the parcel under consideration for a Recorded
Exemption, or that has included the parcel in its
master planning area.
(b) Weld County Department of Health Services.
(c) Weld County Department of Engineering Services.
(d) Colorado State Department of Highways.
(e) Colorado State Engineer, Division of Water Resources.
(f) Any irrigation ditch company with facilities on or
adjacent to the parcel under consideration.
(g) Any other agencies or individuals whose review the
Department of Planning Services, or the Board of County
Commissioners deem necessary.
(4) Prepare staff comments for use by the Board addressing all
aspects of the application, its conformance with the Weld
County Comprehensive Plan, adopted master plans of affected
municipalities, sound land use planning practices, comments
received from agencies to which the proposal was referred,
and standards contained in this Section 9.
(5) Submit to the Board for review any plat required under 9-2 C
(4) of this Section 9 which does not comply with the
approved Recorded Exemption.
(6) Submit to the Weld County Clerk and Recorder, for recording,
plats of approved actions required in 9-2 C (4) above.
E. Duties of the Board of County Commissioners
(1) The Board of County Commissioners shall hold a public
hearing to consider the application and to take final action
thereon. In making a decision on the proposed Recorded
Exemption, the Board shall consider the recommendation of
the Department of Planning Services, and from the facts
presented at the public hearing and the information
contained in the official record, which includes the
Department of Planning Services case file, the Board of
County Commissioners shall approve the request for the
Recorded Exemption unless it finds that the applicant has
not met one or more of the standards of this Section 9. The
applicant has the burden of proof to show that the standards
and conditions of Section 9 are met. The applicant shall
demonstrate:
(a) That the proposal is consistent with the intent of the
district in which the use is located.
60
(b) That the uses which would be permitted will be
compatible with the existing surrounding land uses.
(c) That the uses which would be permitted will be
compatible with the future development of the
surrounding area as permitted by the existing zone and
with future development as projected by the
comprehensive plan of the County or the adopted master
plans of affected municipalities.
(d) That the application complies or will comply with the
Weld County Zoning Ordinance, Section 50, Overlay
District Regulations if the proposal is located within
any Overlay District Area identified by maps officially
adopted by Weld County.
(e) That the minimum size of any building site, tract or
lot created by such land division shall not be less
than one (1) acre, except where smaller lot sizes are
allowed in a specific zoning district or except where
specifically exempted by the Board.
(f) That the proposed land division is in compliance with
the Weld County Comprehensive Plan.
(g) That the proposed division will not be inconsistent
with efficient and orderly development.
(h) That the lots resulting from the proposed land division
shall be accessible from an existing public road.
(i) That the proposed lots will have access to an adequate
water supply.
(j) That the proposed lots will have access to a means for
the disposal of sewage in compliance with requirements
of the Weld County Health Department. •
(k) That the proposed lots are not part of a recorded
exemption approved within less than five (5) years
previous, are not part of a subdivision, or are not
part of a Minor Subdivision.
(1) That the use of the Recorded Exemption (described in
this Section 9) does not evade the requirements and
Statement of Purposes (Section 1-3) of the Weld County
Subdivision Regulations.
(m) That there is adequate provision for the protection of
the health, safety and welfare of the inhabitants of
the neighborhood and the County.
(2) Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed. A
61
record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board. The Board
shall also authorize the Chairman to sign the plat required
by Section 9-2C (4) et. seq. in Section 9 when it finds the
plat in conformance with an approved Recorded Exemption.
(3) Correction to a Recorded Exemption. The Board of County
Commissioners may, without a hearing or compliance with any
of the submission, referral, or review requirements of these
regulations, approve a correction to a Recorded Exemption if
the sole purpose of such correction is to correct one or
more technical errors in the legal description and where
such correction is consistent with the approved plat.
F. Amendments
Any change to a previously approved Recorded Exemption which is
not a "Correction" as defined in 9-2 E (3) above shall follow the
procedures of this Section 9-2.
9-3 SUBDIVISION EXEMPTION
A. Intent
The Subdivision Exemption is intended for the division of a
parcel or interest in a parcel which does not result in the
creation of a new residential or permanent building site, for
adjustment of property lines between two contiguous parcels, and
for the temporary use of a parcel for public utility facilities.
B. General
(1) A Subdivision Exemption shall only be applicable when at
least one parcel involved in any boundary exchange or in a
temporary use location is less than 35 acres.
(2) When used in conjunction with a Recorded Exemption whose
request is to remove existing residential improvements from
a parcel, the Subdivision Exemption may be utilized to
request separation of additional existing residential
improvements from either of the two proposed Recorded
Exemption parcels. •
(3) No lot which is part of an approved subdivision plat or any
map or plan filed in the records of the Weld County Clerk
and Recorder prior to adoption of any regulations
controlling subdivisions, or part of any Minor Subdivision,
shall be redivided or changed in any manner by the
Subdivision Exemption procedure. Such platted lots may only
be resubdivided or changed by utilizing Section 6-4 or 12-3
(as applicable) of these Regulations.
C. Submission Requirements
62
(1) The applicant shall submit the following on the form
provided by the Department of Planning Services:
(a) Name, address and telephone number of the fee owner(s)
of the property involved.
(b) General legal description of the total property
involved.
(c) Total acreage of the total property involved.
(d) Existing land use of the total property involved.
(e) Existing land use of the adjacent properties.
(f) Signatures of the fee owner(s) or their authorized
agent.
(2) The applicant shall submit the following written and
supporting information:
(a) A detailed description of the request and its purpose
and benefits.
(b) Where an authorized legal agent signs the application
for the fee owner(s), a letter granting power of
attorney to the agent from the property owner(s) must
be provided.
(c) Copy of a deed or other appropriate legal instrument by
which the applicant(s) obtained interest in the
property under consideration.
(d) Complete and accurate legal descriptions of the
parcel(s) being created or exchanged, and new parcels
which will result upon approval of the request.
(3) The applicant shall submit the following map information.
The size of map shall be either eight and one-half (8 1/2)
inches by eleven (11) inches or eight and one-half (8 1/2)
inches by fourteen (14) inches.
(a) Plot plan of the property or properties involved
indicating graphically what the situation is.
D. Duties of the Department of Planning Services
(1) The Department shall have the responsibility of ensuring
that all application submittal requirements are met prior to
initiating any official action as listed below.
(2) Set a Board hearing date not more than thirty (30) days
after the complete application has been submitted.
63
(3) Refer the application to any agencies or individuals whose
review the Department of Planning Services or the Board of
County Commissioners deems necessary.
(4) Prepare staff comments for use by the Board addressing all
aspects of the application, its conformance with the Weld
County Comprehensive Plan, master plans of affected
municipalities, sound land use planning practices, comments
received from agencies to which the proposal was referred,
and standards contained in this Section 9-3.
E. Duties of the Board of Count Commissioners
(1) The Board of County Commissioners shall hold a public
hearing to consider the application and to take final action
thereon. In making a decision on the proposal, the Board
shall consider the recommendation of the Department of
Planning Services, and from the facts presented at the
public hearing and the information contained in the official
record, which includes the Department of Planning Services
case file, the Board of County Commissioners shall approve
the request unless it finds that the applicant has not met
one or more of the standards or conditions of this Section
9-3 E. The applicant has the burden of proof to show that
the standards and conditions of this Section 9-3 E are met.
The applicant shall demonstrate:
(a) That the proposal is consistent with the policies of
the Weld County Comprehensive Plan.
(b) That the boundary change or temporary use location
which would be allowed on the subject property by
granting the request will be compatible with the
surrounding land uses.
(c) In those instances when used pursuant to Section 9-3 B
(2) above, the request is the best alternative to
dispose of existing improvements in conjunction with
the companion Recorded Exemption.
(2) Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed. A
record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board and the Board
shall arrange for the Office of the Weld County Clerk and
Recorder to record the resolution.
(3) The Board of County Commissioners may, without a hearing or
compliance with any of the submission, referral, or review
requirements of these regulations, approve a correction to a
Subdivision Exemption if the sole purpose of such correction
is to correct one or more technical errors in the legal
64
description and where such correction is consistent with the
approved exemption.
F. Amendments
Any change to a previously approved Subdivision Exemption which
is not a "correction as defined in 9-3E (3) above shall follow
the procedures of this Section 9-3.
•
•
65
SECTION 10 UTILITIES AND IMPROVEMENTS
10-1 General Requirements
A. The following improvements shall be constructed at the expense of
the subdivider as stipulated in the Subdivision Improvement
Agreement in a manner approved by the Board which is consistent
with sound construction and local practice. Where specific
requirements are spelled out in other sections of these
regulations, they shall apply:
(1) Road grading and surfacing;
(2) Curbs, if required;
(3) Sidewalks, if required;
(4) Sanitary sewer laterals where required;
(5) Storm sewers or storm drainage system as required;
(6) Water distribution system, where applicable;
(7) Street signs at all street intersections;
(8) Permanent reference monuments and monument boxes;
(9) Street lighting, if required;
(10) Landscaping, where required;
(11) Underground electric and communication utility lines and
services, and all street lighting circuits, as required;
(12) Other facilities as may be specified or required in these
regulations by the Planning Commission.
66
SECTION 11 IMPROVEMENTS AGREEMENT
11-1 Contract
No Final Plat shall be approved by the Board until the subdivider has
submitted a Subdivision Improvement Agreement or a contract approved
by the Board agreeing to construct the required improvements as shown
in plans, plats and supporting documents. Any such Agreement or
contract shall be made in conformance with the Weld County Policy on
Collateral for Agreements.
•
67
SECTION 12 VARIANCES
12-1 Hardship
Should the subdivider clearly demonstrate that, because of
peculiar physical conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impracticable
or will exact undue hardship, the Board may permit such variance
or variances as may be reasonable and within the general purpose
and intent of the rules, regulations and standards established by
these regulations.
12-2 Planned Unit Development
The regulations contained in this resolution may be modified by
the Planning Commission and the Board in the case of Planned Unit
Development, if such modification is in the best interest of the
County.
(1) The purpose of the P.U.D. Plan is to encourage flexibility
and variety in land development, a more efficient allocation
and maintenance of open space, and a more efficient use of
those public facilities required in connection with such
development.
(2) The P.U.D. design shall specify:
(a) That the common area shall be a part of the overall
area covered by the Plan.
(b) That each parcel within the area shall be deeded as a
unit granting to the parcel owner a proportionate
/ undivided interest in the common area in perpetuity
with a deed restriction against future residential,
commercial or industrial development.
(3) There shall be a plan, which shall also be a deed
restriction by covenant or otherwise, in perpetuity, binding
the unit owners to a method of maintenance of the common
area.
12-3 Minor Subdivisions
A. Intent
The intent in establishing the Minor Subdivision Procedure is to
provide a reduced scale process for land developments which will
have a minimum impact. A maximum of six (6) lots can be created
through this procedure. Such developments shall only be
permitted when they are compatible with the surrounding area and
uses; are not inconsistent with efficient and orderly
development; are consistent with the Weld County Comprehensive
Plan; and are consistent with provisions of the Weld County
Zoning Ordinance.
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B. General
(1) Any lot having been created through the Minor Subdivision
Procedure cannot be further divided by another Minor
Subdivision or Recorded Exemption, nor can such a lot be
amended by a Subdivision Exemption.
(2) No lot which is part of an approved or recorded subdivision
plat or any map or plan filed in the records of the Weld
County Clerk and Recorder prior to adoption of any
regulations controlling subdivisions, shall be redivided or
changed in any manner by the Minor Subdivision procedure.
Any such platted lots may only be resubdivided or changed by
utilizing SECTION 6-4 of these regulations.
(3) Public road rights-of-way shall be dedicated or reserved in
conformance with the Weld County Thoroughfare Plan or in
conformance with the master plans of affected
municipalities.
(4) No Minor Subdivision shall be considered complete until the
plat, required pursuant to SECTION 12-3, has been submitted
to the Weld County Clerk and Recorder in accordance with
SECTION 12-3.
C. Sketch Plan Submission
SECTION 4 of these Subdivision Regulations shall be utilized for
the Minor Subdivision sketch plan review.
D. Platting Submission
The Minor Subdivision combines the normal Preliminary and Final
plat processes as described below:
(1) The following information shall be submitted on forms
provided by the Department of Planning Services.
(a) Name, address, and telephone number of the
applicant(s).
(b) Name and address of the fee owner(s) of the property
proposed for the Minor Subdivision, if different from
above.
(c) Legal description of the property under consideration.
(d) Total acreage of the original parcel under
consideration.
(e) Approximate acreage of the proposed parcels.
(f) Signatures of the applicant and fee owner(s) or their
authorized legal agent.
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(2) Written and Supportive Information
(a) A summary of the application including total area,
number of lots, proposed water and sewage systems, road
and accesses to be utilized, and an estimate of
construction costs and methods to finance them.
(b) Statements from utility companies regarding capability
to serve the proposed lots. A utility plan should be
prepared to illustrate proposed easements. Utilities
to be included are: water, sewer, electric, gas,
telephone, fire district (as applicable).
(c) A soil and geological investigation report (prepared by
a professional engineer/geologist) regarding the
suitability of the area for the proposed development.
In those cases where a development proposes on site
water or sewer, the report shall include appropriate
information to determine acceptability for on-site
systems.
(d) A drainage plan which indicates existing or proposed
water courses and storm water run off patterns which
will result from the proposed development. If required
by the County Engineer, a detailed engineering report
shall be prepared by a qualified professional engineer.
(e) A copy of a certificate of title as required in SECTION
6-2B of these regulations.
(f) Where applicable, a copy of agreements signed by
agricultural ditch companies specifying the agreed upon
treatment of the ditch including fencing as provided in
SECTION 8-12 of these regulations.
(g) Certificate from the County Treasurer showing no
delinquent taxes.
(h) Where applicable, an Improvements Agreement or Contract
(made in conformance with the Weld County Policy on
Collateral for Agreements) shall be submitted agreeing
to construct required improvements. Improvements to be
included are as listed in SECTION 10 of these
Subdivision Regulations.
(i) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest
in said property. The legal instrument used should
include a complete and accurate legal description of
the property.
(j) A copy of deed restrictions or covenants which govern
the future use of the lots and any common land.
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(k) Monument record for required benchmark, and closure
sheets for the entire tract included in the plat and
for each block in said tract.
(1) A certified list of names and addresses as required in
SECTIONS 5-2G and 5-2H of these regulations.
(m) Such additional information as may be required by the
Board of County Commissioners in order to determine
that the application meets the standards and policies
as set forth in this SECTION 12-3, and these
Subdivision Regulations. The burden of proof shall be
on the subdivider to show compliance with this SECTION
12-3.
(3) The following information shall be submitted in map form.
Dimensions of the map to be eight and one-half (81/2) inches
by eleven (11) inches or eight and one-half (81/2) inches by
fourteen (14) inches.
A map of the property at a suitable scale to show the
proposed division of the property; accesses to the property
indicating whether the access is existing or proposed;
location and measurements of any easements or rights-of-way;
amount of road frontages; identification of any county,
state or federal roads or highways; proposed drainage
features; and any existing structures on the property.
Please identify the type of structures (i.e., mobile home,
labor house, barn, single family dwelling, etc.).
(4) If any such Minor Subdivision is approved by the Board, a
plat as described below shall be submitted to the Department
of Planning Services to be recorded in the Office of the
Weld County Clerk and Recorder. The location and size of
the lots shall comply with those lots described or shown
pursuant to 12-3 D, et seq. above.
(a) The plat shall be prepared by a registered land
surveyor in the State of Colorado.
(b) The plat shall be prepared on 1 or more
consecutively numbered sheets measuring 81" X 14"
or 24" X 36". It shall be drawn on waterproof
linen or mylar in ink.
(c) The plat shall be titled, "Minor Subdivision No.
" (the appropriate number to be filled in by
the Planning Department).
(d) The plat and legal description shall include all
contiguous land owned by the applicant.
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(e) The plat shall include a complete and accurate
legal description of the parcel of land and its
acreage.
(f) The plat shall include a vicinity sketch locating
the tract with respect to roads and other major
land features.
(g) The plat shall include an accurate drawing of the
tract and the proposed division of lots. This
drawing shall include bearings, lengths and curve
data of all perimeter and lot lines. The lots
shall be designated and the acreage of each given.
Existing or proposed to be dedicated public
rights-of-way which provide access to the tract
shall be shown. The scale of the drawing shall be
adequate to clearly show the above required items.
A scale and north arrow shall be included.
(h) The plat shall include any utility, ditch, or
drainage easements required.
(i) The plat shall show any areas restricted for
building due to drainage, soil, or geological
limitations.
(j) The plat shall bear the certifications as required
under Section 6-2 N. of these regulations.
E. Duties of the Department of Planning Services
The Weld County Department of Planning Services shall be
responsible for processing all applications for Minor
Subdivisions. The Department shall also have the responsibility
of ensuring that all application submittal requirements are met
prior to initiating any official action as listed below.
(1) The Department of Planning Services shall review the
sketch plan as set forth in Section 4-1 C. of these
regulations.
(2) The Department of Planning Services, upon receipt of a
platting request shall:
(a) Set a Planning Commission hearing date not more
than forty-five (45) days after the complete
application has been submitted.
(b) Refer the application to the following agencies,
when applicable, for their review and comment.
The agencies named shall respond within
thirty-five (35) days after the mailing of the
application by the Department of Planning
Services. The failure of any agency to respond
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within thirty-five (35) days may be deemed to be a
favorable response. The reviews and comments
solicited by Weld County are intended to provide
the County with information about the proposed
Recorded Exemption. The Board may consider all
such reviews and comments and may solicit
additional information if such information is
deemed necessary. The reviews and comments
submitted by a referral agency are recommendations
to the County. The authority and responsibility
for making the decision to approve or deny the
request rests with the Board. Review agencies
shall include:
- The Planning Commission or Governing Body of
any town and county whose boundaries are
within a three (3) mile radius of the parcel
under consideration for a Recorded Exemption,
or that has included the parcel in its master
planning area.
- Weld County Department of Health Services.
- Weld County Department of Engineering
Services.
- Colorado State Department of Highways.
- Colorado State Engineer, Division of Water
Resources.
- Any irrigation ditch company with facilities
on or adjacent to the parcel under
consideration.
- Colorado Geological Survey.
- Any other agencies or individuals whose
review the Department of Planning Services,
or the Board of County Commissioners deem
necessary.
(c) Notice shall be published once in a local
newspaper of general circulation in the area where
the land is located at least ten (10) days prior
to the Planning Commission Hearing.
(d) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owner(s) of
property the surface estate within five hundred
(500) feet of the property under consideration.
The source of the ownership information will be
from the submitted list required in Section
12-3D(2)(1). Such notification shall be mailed,
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first class, not less than ten (10) days before
the scheduled hearing. Such notice is not
required by Colorado State Statute and is provided
as a courtesy to surrounding property owners.
Inadvertant errors by the applicant in supplying
such list or in sending such notice shall not
create a jurisdictional defect in the hearing
process even if such error results in the failure
of a surrounding property owner to receive such
notification.
(e) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owners and
lessees of the mineral estate on or under the
subject property. The source of the ownership
information will be from the submitted list
required in Section 12-3D(2)(1). Such
notification shall be mailed, registered mail, not
less than ten (10) days before the scheduled
hearing.
(f) Prepare staff comments addressing all aspects of
the application, its conformance with the Weld
County Comprehensive Plan, adopted master plans of
affected municipalities, sound land use planning
practices, comments received from agencies to
which the proposal was referred, and standards
contained in this Section 12-3.
(g) Schedule a meeting for the Board within ten (10)
days of the Planning Commission's action.
(h) Submit to the Board for review any plat required
under 12-3 D (4) of this Section 9 which does not
comply with the approved Recorded Exemption.
(i) Submit to the Weld County Clerk and Recorder, for
recording, plats of approved actions required in
12-3 D (4) above.
F. Approval or Disapproval -Planning Commission
The Minor Subdivision shall be reviewed by the Planning
Commission in accordance with Section 5-4 A of these regulations.
The decision shall be made within twenty-one (21) days of the
review unless otherwise agreed to by the applicant.
G. Approval of Disapproval -Board
1. The Board of County Commissioners shall hold a public
hearing within ten (10) days of the Planning Commission's
action to consider the application and to take final action
thereon. In making a decision on the proposed Minor
Subdivision, the Board shall consider the recommendation of
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the Planning Commission, and from the facts presented at the
public hearing and the information contained in the official
record, which includes the Department of Planning Services
case file, the Board of County Commissioners shall approve
the request for the Minor Subdivision unless it finds that
the applicant has not met one or more of the standards of
this Section 12-3. The applicant has the burden of proof to
show that the standards and conditions of Section 12-3 are
met.
2. The Board's review shall be guided by the requirements of
Section 5-4 A of these regulations.
3. When applicable, no Minor Subdivision shall be approved by
the Board until the applicant has submitted and the Board
approves an Improvements Agreement or a contract agreeing to
construct the required improvements. Any such Agreement or
contract shall be made in conformance with the Weld County
Policy on Collateral for Agreements.
4. Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed. A
record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board. The Board
shall also authorize the Chairman to sign the plat required
by Section 12-3 D (4) et. seq., when it finds the plat in
conformance with an approved Minor Subdivision.
H. Correction to a Minor Subdivision
The Board of County Commissioners may, without a hearing or
compliance with any of the submission, referral, or review
requirements of these regulations
approve
Minor Subdivision if the sole purpose of such correction iso toa
correct one or more technical errors in the legal description and
where such correction is consistent with the approved plat.
I. Amendments
Any change to a previously approved Minor Subdivision which is
not a "Correction" as defined in 12-3H above shall follow the
procedures of Section 6-4.
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SECTION 13 VIOLATIONS AND PENALTIES
A. Any subdivider, or agent of a subdivider, who transfers or sells
or agrees to sell or offers to sell any subdivided land before a
final plat for such subdivided land has been approved by the
Board of County Commissioners and recorded or filed in the office
of the County Clerk and Recorder shall be guilty of a misdemeanor
and shall be subject to a fine not to exceed five hundred dollars
for each parcel or interest in subdivided land which is sold or
offered for sale. All fines collected under this paragraph (A)
shall be credited to the general fund of the county.
B. The Board of County Commissioners of the county in which the
subdivided land is located shall have the power to bring an
action to enjoin any subdivider from selling, agreeing to sell,
or offering to sell subdivided land before a final plat for such
subdivided land has been approved by the Board of County
Commissioners.
C. Building Permits
(1) Building permits, for construction on land divided in an illegal
manner subsequent to the adoption of these Regulations, shall not
be issued unless reviewed and approved by the Board of County
Commissioners. No building permit shall be approved by the Board
of County Commissioners unless all of the following can be shown:
(a) The parcel shall be accessible from an existing public road.
(b) The parcel will have access to an adequate water supply;
(c) The parcel will have access to an adequate means for the
disposal of sewage;
(d) The issuance of the building permit will not change the
essential character of the neighborhood;
(e) The procedure defined in this Section is not being utilized
for the purpose of evading the requirements and intent of
the Weld County Subdivision Regulations; and
(f) The owner does not own a parcel of land adjacent to the
subject parcel.
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SECTION 14 VALIDITY
If any section, subsection, paragraph, clause, phrase or provision of
these regulations shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of these regulations as a whole
or any part or provision hereof, other than the part so adjudged to be
invalid or unconstitutional.
•
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SECTION 15 FEES
Fees for all subdivision applications provided for in the Subdivision
Regulations shall be established by resolution of the Board of County
Commissioners in conjunction with a hearing process that will consist of a
ten (1O) day public notice prior to the Board of County Commissioners'
hearing. Notice of said hearing is to be published once in the newspaper
designated by the Board of County Commissioners for publication of notices.
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