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WELD COUNTY
CODE ORDINANCE 2007-15
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24
SUBDIVISIONS, 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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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 24
SUBDIVISIONS
ARTICLE III
Minor Subdivisions
Amend Sec. 24-3-50. Final plat.
An applicant shall submit a complete minor subdivision final plat application with the
required number of application copies and application fee to the Planner. The required number of
application copies shall be determined by the Planner. The following information shall be submitted
as part of a minor subdivision final plat application:
A through S - No change.
T. An aFicavit fisting tie names anc accresses of a minera owners anc Lessees ox
minera owners on or uncer tie parce of -anc being consicerec . Tie fist sia be
preparec from tie rea property recorcs by a person qua ifiec to perform tie tas%c,
anc sia be current as of a cate no more tian thirty (30) cays prior to tie cate tie
app ication is submittec to tie Department of P anning Services.The written
certification required by Section 24-65.5-103. 3, C. R.S . , if applicable. Such
certification may be submitted on the date of the initial public hearing referred to in
Section 24-65. 5- 103( 1 ), C. R.S.
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Remainder of Section - No change.
Amend Sec. 24-3-60. Final plat processing and review procedure, to delete
subparagraphs .D and .M and reletter accordingly.
D. The Planner shall give notice of the proposed minor subdivision final plat and the
hearing.
,
ARTICLE IV
Major Subdivisions
Amend Sec. 24-4-30. Preliminary plan.
Any person wanting to apply for a major subdivision shall arrange for a preapplication
conference with the Department of Planning Services.
A - No change.
B. The following information shall be submitted as part of the preliminary plan
application.
1 through 7 - No change.
8.
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Planning Services.The written certification required by Section
24-65. 5-103.3, C. R. S. , if applicable. Such certification may be submitted on
the date of the initial public hearing referred to in Section 24-65. 5- 103( 1 ),
C. R . S .
9 through 11 - No change.
C. Preliminary plan processing and review procedure.
1 . The Planner shall be responsible for processing all preliminary plan
applications in the unincorporated areas of the County. The Planner shall
also have the responsibility of ensuring all application submittal
requirements are met prior to processing the application . Once a complete
application is submitted:
2007-3688
PAGE 2 ORD2007-15
a through c - No change.
Delete d . Tie D anner s-ta give notice o: :ie app ica:ion for a
pre iminary p an anc tie P anning Commission pub is
meeting cate to hose persons istec in tie app ication as
owners anc essees o= :Le minera es-wee on or uncer •ne
parce uncer consiceration. Suci notification sha be mai ec
'first c ass not ess _Lan ten ( " 0) cays before tie scnecu ec
public hearing.
Renumber the remaining subparagraphs of Sec. 24-4-30.C. 1 .
2 - No change.
3. The Clerk to the Board shall:
a through c - No change.
Delete d . Give notice of the application for a preliminary plan and the
pub is nearing cate to tiose persons istec in the app ication
as owners anc essees o- :he minera es•a e on or ncer 'he
parce uncer consiceration. The notification sha be mai-led
'irst c ass no- ess than ten ( ' 0) cays before tie schecu ec
public hearing.
Remainder of Section - No change.
Amend Sec. 24-4-40. Final plat.
A through C - No change.
D. The following information shall be submitted as part of a final plat application .
1 through 4 - No change.
5. An afficavit isting tie names anc accresses 02 a minera owners anc
essees of minera owners on or uncer tie parce o- anc being consicerec.
Tie fist sha be preparec =rom tie rea property recorcs by a person
qua ifiec to co tie :as‘c, anc sna be current as o= a cate no more than tiirty
(30) cays prior to tie cate tie app ica:'ion is submittec to 'ne Department oR
Planning Services.The written certification required by Section
24-65. 5- 103. 3, C. R.S. , if applicable. Such certification may be submitted on
the date of the initial public hearing referred to in Section 24-65.5-103( 1 ),
C. R . S .
6 through 8 - No change.
E. Final plat processing and review procedure.
1 through 2 - No change.
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Delete 3.
plat and the Board's public hearing date to those persons listed in
=ion as owners anc essees o- tie minera es a :e on or
uncer tie parce uncer consiceration. Tie notiiic
public hearing.
Renumber the remaining subparagraphs of Sec. 24-4-40. E.
Remainder of Section - No change.
ARTICLE VII
Resubdivision Design Standards
Delete Sec. 24-7-130. Storm drainage design and technical criteria.
approvec by he Director o- Dub is WorKs. The materia- user-must-he-referenced
basins, if applicable.
B. All subdivision plats shall include an adequate storm drainage system design before
any such plat is recorded .
C. The design and operation of a proposed subdivision shall ensure the following:
manner-hat wi reasonab y preserve tie natura ciaracter of tie area ane
prevent property carnage of tie type genera y attributed to runoff-rate-ane
storm runoff.
2. Runoff volumes and peaks within the proposed subdivision site and in areas
its natural state.
3. Tie ceve opment wi not impece the f ow of natura water courses.
drainage.
5. Any drainage system proposed as part of any subdivision proposal is based
on consideration of the drainage basin as a whole and is capable of
•
,
subdivision proposal.
•
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PAGE 4 ORD2007-15
not maintain drainage facilities.
7. Where a subdivision proposal will cause the introduction of new pollutants
removal of such pollutants.
D. The storm freque
Table 24.2
Design Storm Frequencies
Design Storm Period
Land Use
Residential 5 years
Open Space 5 years
Commercial
rublic Buildings 10 years
Industrial 10 years
Local Road 10 years
Collector Road 25 years
Arterial Road 50 years
Natural Drainage 25 years
1 . Storm drainage facilities designed in accordance with the above
oesi-gn storm frequencies wi be f oocec in tie event
one-hundr -
structure or pose a hazard:
2. All siormwater detention facilities shall be designed to detain
from a one-huncred-year storm and release the detainee
•
ARTICLE VIII
Exemptions
Amend Sec. 24-8-20. Recorded exemption.
A. The recorded exemption is a subdivisionland division process used to divide a lot
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into two (2), three (3) or four (4) separate lots. Examples of when a recorded
exemption application may be submitted include creating a lot in the agricultural
zone district for a single-family residential building site, separating existing
improvements from agricultural land , and creating a lot in a commercial or industrial
zone district for existing or future development. A recorded exemption must not be
for the purpose of evading the requirements and intent of this Chapter.
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 .
The above and foregoing Ordinance Number 2007-15 was, on motion duly made and
seconded , adopted by the following vote on the 21st day of January, A. D. , 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
David E. Long , Chair
Weld County Clerk to the Board
William H . Jerke, Pro-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Douglas Rademacher
2007-3688
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Publication: November 21 , 2007
First Reading : December 10, 2007
Publication: December 19, 2007, in the Fort Lupton Press
Second Reading : January 2, 2008
Publication: January 9, 2008, in the Fort Lupton Press
Final Reading : January 21 , 2008
Publication: January 30, 2008, in the Fort Lupton Press
Effective: February 4, 2008
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