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HomeMy WebLinkAbout20082375.tiff 621 WELD COUNTY CODE ORDINANCE 2008-9 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 8 PUBLIC WORKS Amend Sec. 8-11-30. Weld County Addendum to Text of the Urban Storm Drainage Criteria - Volume 1. The criteria adopted herein are hereby modified as follows: Chapter 1 - Drainage Policy 1 through 16 - No change. 17. Add the following to Section 4.5, Detention and Retention Storage: "Except as set forth below, the Policy of Weld County shall be to require regional and/or on-site detention for all future developments. Temporary or interim detention/retention may be required if the downstream regional facilities have not yet been constructed per the applicable Master Plan. Stormwater retention facilities are normally not allowed in Weld County, but will be considered for special circumstances. It is Weld County policy to require detention of runoff from the 100-year storm falling on the developed site and release of the detained water at the rate of the runoff of the 5-year storm falling on the undeveloped site. Detention releases based on soil types are not approved for Weld County. Proposed 111111 IID 111111 liii lilt 11111 31 III 1111111 IIII 2008-2375 3578621 09/17/2008 03:16P Weld County, CO ORD2008-9 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder developments must provide for safe conveyance of off-site flows through the proposed development site. Off-site flows may be routed through or around the proposed detention facilities. Positive drainage must be provided. Weld County will not approve any detention or retention pond that does not drain in less than 72 hours, causes injury to water rights, or is in violation of state or federal law. Upon evaluation, improvements may be necessary to downstream capacity. No stormwater detention shall be required for rural residential developments of nine (9) lots or fewer, where the average lot size is equal to, or greater than, three (3) acres per lot, and: 1) downstream roadway criteria are not exceeded (6-inches water depth on road for the 10-year storm), and 2) the total post-development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved (or eventually will be paved). No stormwater detention shall be required for redevelopment of commercial and industrial sites where the change of use does not increase the imperviousness of the site; however, water quality capture shall be required." Amend Sec. 8-11-110. Sketch plan drainage report. The purpose of the sketch plan drainage report, submitted at the sketch plan review stage of the planning review process is to identify and define conceptual solutions to storm drainage problems which may occur on site and off site as a result of the proposed development. In addition, those problems that exist on site prior to development must be addressed during the conceptual phase. For proposed projects that will have rural residential levels of development,the Department of Public Works will review the site, surroundings and proposed improvements and advise the applicant as to what additional information and/or engineering design may be required for change of zone and final plat approvals. The term, "rural residential levels of development," is defined as residential development with nine (9) lots or fewer and the average lot size is equal to, or greater than three (3) acres. No sketch plan drainage report shall be required for recorded exemptions. Remainder of Section - No change. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization,grammar,and numbering or placement of chapters, articles,divisions,sections,and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. I 111111 11111 VIIII IIII 111111I 11111 11111 III 11111 IIII IIII 3578621 09/17/2008 03:16P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2008-2375 PAGE 2 ORD2008-9 The above and foregoing Ordinance Number 2008-9 was, on motion duly made and seconded, adopted by the following vote on the 27th day of August, A.D., 2008. BOARD OF COUNTY COMMISSIONERS E /�P WELD COUNTY, COLORADO /� � � phi+ ATTEST: Q$_/,i' /� I"�"`t`q sit k°,w-1 %to Jerke, Chair Weld County Clerk to the Bard -!c'• ° ober@D Masden, Pro-Tem De.0 . Clerk the Board i < - t William Garcia . . . � ED F M: David E. Long Coun y Attorney ouglas ademache First Reading: July 30, 2008 Publication: August 8, 2008, in the Greeley Tribune Second Reading: August 13, 2008 Publication: August 22, 2008, in the Greeley Tribune Final Reading: August 27, 2008 Publication: September 5, 2008, in the Greeley Tribune Effective: September 10, 2008 1111111 11111 11131111 1111111 11111 11111II11111111111111 3578621 09/17/2008 03:16P Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2008-2375 PAGE 3 ORD2008-9 Hello