HomeMy WebLinkAbout820033.tiff ARIA446a7
RESOLUTION
RE: ADOPTION OF AMENDMENTS TO THE WELD COUNTY SUBDIVISION
REGULATIONS
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
.73
affairs of Weld County, Colorado, and
ocz
WHEREAS, the Board of County Commissioners held a public
hearing on the 9th day of June, 1982 , at the hour of 2 : 00 o'clock
p.m. in the Chambers of the Board for the purpose of considering
the adoption of amendments to the Weld County Subdivision
Regulations, and
WHEREAS, the proposed amendments to the Subdivision Regul-
ations as approved by the Planning Commission on April 16, 1982 ,
were studied by the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners desires to delete
Sectiors6-4 A, B, C. , 9-2 B. (5) and 9-3 B. (3) from the proposed
amendments to the Subdivision Regulations, and
WHEREAS, the Board of County Commissioners deems it advis-
e "' able to approve the proposed amendments to the Subdivision
Regulations as described in the attached Exhibit "A" , incor-
porated herein and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners that the amendments to the Weld County Subdivision
Regulations, as stated herein, be and hereby are, adopted.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 9th
day of June, A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
14 WELD COUNTY, COLORADO
R r ATTET/: L/Al =^r
J n T. Martin, Chairman
Weld County Clerk and Recorder
*•- • and Clerk to the Board
�� Ch ck�iS, Pro Tem
BY` ��mt "-at_
` o4_
C Deputy County Clerk
Norman Carlson
APPRO ED AS TO FORM:
C V
QGG�c . Kirby
County Attorney
' /1{2/7(
a Kmark
!� '! RECORDER'S MEMORANEIUM / 820033
AT THE TIME OF RECORDATION, THIS IN-
STR
FORUTHE BESTENT APHOTOGRAPHIIC S FOUND TO BREPRODUE CCTON DATE PRESENTED: JUNE 14 , 1982
BECAUSE OF ILLEGIBILITY. CARBON OR PHOTO
COPY, DISCOLORED PAPER. ETC.
EXHIBIT "A"
SECTION 2 DEFINITIONS
Delete Section 2-1 Subdivision or Subdivided Land and replace with a
new Section 2-1:
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.
Nn (2) Unless the method of disposition is adopted for the
purpose of evading these regulations , the terms
"subdivision" and "subdivided 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 property;
4
(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
(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 sub-
o paragraph (h) .
LI
(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.
Section 2-2 shall be amended as follows:
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.
Add new Section 2-31 Registered Mail to read:
Section 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.
5
SECTION 5 PRELIMINARY PLAN
5-2 Supporting Documents Required
Section 5-2 D. shall be amended as follows:
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.
Add new subsection G. to read:
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
co 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.
Add new subsection H to read:
H. A certified list of the names and addresses of mineral owners
LZ
,= 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.
6
5-3 Review Procedures - Preliminary Plan
Delete Subsection C and replace with new subsection C:
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
respond within thirty-five days or within the period of an
extension may, for the purpose of the hearing on the plan, be
Li 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
v recommendations with respect to the adequacy of school sites
is. iz and the adequacy of school structures.
Delete Subsection D. and replace with a new Subsections D. , E. , F. ,
and G.
D. Notice shall be published once in a local newspaper of general
Eyi 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
iz: 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.
7
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.
Delete Section 5-3 E and replace with new Subsection 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.
Change Subsection 5-3 F to I . (No change in text. )
5-4 Approval or Disapproval - Preliminary Plan
Delete Section 5-4 A. (1) (c)
Replace with:
(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
n unstable, unhealthy or dangerous condition affecting human life
or structures.
Delete Subsection C. Recommendation and replace with a new
subsection C. :
C. Recommendation
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
ILI C.
Commission shall send written notification of its review and
its recommendations concerning the Preliminary Plan to the
Board.
Delete Subsection E. Plan Disapproval and Reapplication and F.
Appeal and replace with new subsections E. and F.
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
8
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
6-2 Supporting Documents
Amend Section 6-2 H as follows :
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.
Add new Subsection P. to read:
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 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
o 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.
9
•
Add new Subsection Q. to read:
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.
6-3 Review Procedures - Final Plat
Add new Subsections B. (4) , (5) , and (6) to read:
B. (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
ctiL 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 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.
10
Subsection 6-3 C. shall be amended as follows:
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 comply with
the applicable requirements of these regulations , they shall
endorse on the Plat in the space provided.
cN 7-7
11
Delete Section 6-5 Numbering System and replace with a new Section
6-5 :
6-5 Correction Plat
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 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 and/or final plat.
Add new Section 6-6 Numbering System:
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.
12
SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS
SECTION 13 VIOLATIONS AND PENALTIES
Delete Subsection C. Building Permits and replace with Subsection
C. :
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;
co Li
13
(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.
EL
cci
14
DATE April 6. 3982
Weld County Planning Commission
ATDREsS _915 10th Street, Centennial Building, Greeley, Colorado 80631
Neved by Bob Ehrlich that the following resolution be introduced
for f„assace by the held County Planning CG '..ission:
Be it Pes0lve0 by the Weld County Planning Commission that the
proposed amendments to the Weld County Subdivision Regulations as follows:
Section 2 regarding change in the definitions for subdivision, resubdivision and
registered mail.
Section 5 regarding approvals or disapprovals of Preliminary Plans.
Section 6 regarding final plats, resubdivision, correction plats, and numbering
systems.
- Section 9 regarding rules and regulations for exemptions.
Section 13 regarding violations and penalties, more specifically, the issuance
of building permits on parcels created in an illegal manner.
ai
= be recommended (favorably) 60akm itt1S to the Board of County
con
Commissioners for the following reasons:
1. The existing Subdivision Regulations will be brought into conformance with changes
made in the State Statutes during the past three (3) years.
2. The proposed changes define written procedures which will coincide with administrative
procedures currently being utilized by the County.
3. The proposed changes clarify sections of the regulations so that they will be
consistent with current interpretations of the County.
4. The proposed changes do not conflict with the Weld County Comprehensive Plan or
,_ Zoning Ordinance.
Motion seconded by Bob Halleran
Vote: For Passage Wilbur Wafel Against Passage
Bob Halleran
Bob Ehrlich
Bill Diehl
Jack Holman
Fred Otis
The Chairman declared the Resolution passed and ordered that a certified copy
be forwarded with the file of this case to the Board of County Corrnissioners
for further proceedings.
CERTIFICATION OF COPY
•
Bobbie Good , Recording Secretary of the Weld County
Planning Commission , do hereby certify that the above and foregoing
44+ is
Resolution is a true copy of the Resolution of the Planning Commission
of Weld County , Colorado . raopted on April 6, 1982, and re-
corded in Book No . VIII of the proceedings of the said Planning
Commission .
Dated the 8th day of April 19 82
Secretary \
C
r�
S
A public hearing was conducted on May 19 , 1982 at
2 : 00 P.M. , with the following present:
JOHN MARTIN CHAIRMAN
CHUCK CARLSON PRO TEM , ABSENT
NORMAN CARLSON COMMISSIONER
BILL KIRBY COMMISSIONER , ABSENT
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY
ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON
PLANNING DEPARTMENT REPRESENTATIVE, CHUCK CUNLIFFE, DIRECTOR
The following business was transacted:
I hereby certify that pursuant to a notice dated April 12, 1982, duly
published April 15, 1982 and May 6, 1982 in the Johnstown Breeze, a public
hearing was held on the request of the Weld County Planning Commission to
consider amendments to the Weld County Subdivision Regulations. All Commissioners
are now present. The Assistant County Attorney made the record. The Director
of Planning read the Planning Commissions favorable recommendation into the record.
The Commissioners considered the individual sections as recommended. They elaborated
on two recent requests that they were uncomfortable with; Subdivision Exemption #154-
Eaton Country Club and Replat #212:82:2 - Duane and Dorothy Zabka. Mr. Cunliffe
stated that the procedures can not be streamlined too much and cautioned the Board.
Commissioner Steinmark said that a replat should be less expensive and less time
consuming. After additional study, Commissioner C. Carlson made a motion to table
this matter until June 9, 1982 at 2:00 P. M. and further that this Board,
the Planning Commission and the Planning Staff shall meet and discuss the amendments
before that date. Commissioner N. Carlson seconded the motion. Mac McKinley commended
the Board for the tabeling•of this issue. He reported that 25% of the housing costs
is attritubed to governmental costs. Mr. McKinley stated that he would invite
interested persons to meet with the Board regarding amendments to the subdivision
regulations. The Board concurred and asked him to invite interested persons to
join in the meeting to be conducted on June 1, 1982. The motion carried unanimously.
t /-1 L./
C IRMAN
[}7 • BOARD OF COUNTY COMMISSIONERS
ATTEST:
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
ir-
p ty County Cle_
DOC T# 82-17
TAPE# 82-35
LHR 245
A public hearing was conducted on June 9, 1982 at 2:00 P.M. , with the
following present:
JOHN T. MARTIN CHAIRMAN
CHUCK CARLSON COMMISSIONER
NORMAN CARLSON COMMISSIONER
C. W. KIRBY COMMISSIONER
JUNE K. STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, Bette M. Foose
ASSISTANT COUNTY ATTORNEY, Lee Morrison
PLANNING DEPARTMENT REPRESENTATIVE, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated April 12, 1982, duly
published April 15, 1982 and May 6, 1982 in the Johnstown Breeze, a
public hearing was held on May 19, 1982 and continued to June 9, 1982
on the proposed amendments to the Weld County Subdivision Regulations.
Chuck Cunliffe explained the reason for the changes as follows:
1 ) The existing subdivision regulations will be bought into conformance
with changes made in the state statutes during the past three years.
2) The proposed changes defines written procedures which will coincide
with administrative procedures.
3) The proposed changes clarifies sections of the regulations so that
they will be consistent with current interpretations of the County.
4) The proposed changes do not conflict with the Weld County Comprehensive
Plan or Zoning Ordinance.
After discussion and questions answered of the Board, Commissioner Steinmark
made a motion to approve the amendments and changes to the Weld County
Subdivision Regulations with the exception of Sections 6-4 A, B, C. ,
9-2 B. (5) and 9-3 B. (3) . Commissioner C. Carlson seconded the motion and
it carried unanimously.
hn T. Martin, Ch irman
7 .�pp Board of County Commissioners
��
ATTEST: c3.0 f4-,- ,,y,,"/e4, tetinni
WELD COUNTY CLERK AND RECORDER
A K TO THE ;BOARD
(BY: / 1)
f
/\ /De t lerk
DOCKET NO. 82-17
TAPE NO. 82-41
L- H & / -
ATTENDANCE RECORD
TODAY' S HEARINGS ARE AS FOLLOWS :
DOCKET NO. 82-17 - Weld County Planning Department
PLEASE write or print legibly your name , address and the DOC # (as listed
above) or the applicants name of the hearing you are attending.
NAMME�J /� ADDRESS HEARING ATTENDING
/ '��C , +41 i1,?) - //
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I Paula A. Barton of
said County of Weld, being duly sworn, say that I am
an advertising derk of
THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy, has
been published in said daily newspaper for consecutive
(days) fwceeksa; that the notice was published in the
regular and entire issue of every number of said
newspaper during the period and time of publication of
said notice, and in the newspaper proper and not in a
supplement thereof; that the first publication of said
tI tent.,,- notice was contained in the issue of said newspaper
aims`SI ., HAbb.Strut. Qrphr,
Gina 0 Me etei +nmtr.rlrud: bearing date
TIME,,0.PM
�afiF rpoto to
.e or Third
Mt Weld Cpomp.6nq*P bobble- day of May A.D. 19 82.
'-11•F*,dneteelatt in if* and the last publication thereof; in the issue of said
>� ,tit newspaper bearing date the
* P h aai
wm�un,. r wn,nnd Third
9KtIMt-VMNfdlnY4nw nod
ntot no .taooloortp. day of May A.D. 19 82 '
nnnPuhNH Mmi W{at°A'i c. °uT,
mostionenplbid+Zpp4m+n that said The Greeley Daily Tribune and The Greeley
..do Pare*created In aft Republican, has been published continuously and
Allprrstgmn} nnPm•nnrrt�.;tea uninterruptedly during the p y period of at least six
mwrb.° °nrra,m.MPM tw w.rl+p°"a months next prior to the first issue thereof contained
TM fin O.the ptppoun amendment,
.re w ttgan tare Ta t+nn-+. said notice or advertisement above referred to; that said
County tM Wnn to M Wra.or
G 8- a, ntera pwor, newspaper has been admitted to the United States
vStrei �+ redo,arnd mey m mails as second-class matter under the provisions of the
iewweb 1 .through,-, ld mnr m?
e:NA.M.fdd- roti,an PridsT. rrom
Act of March 3, 1879, or any amendments thereof; and
a DPcounry
tows WEED that said newspaper is a daily newspaper duly qualified
COU Y.CDyRSTEIO
atwitleRi t plftlEASTEI" for publishing legal notices and advertisements within
CORDER
the meaning of the laws of the State of Colorado.
May 3., 1982
Total charge: X14 . 79
N'.,� -SCA .�.. Gr. G\ -- C--.4- ..f-,-.
Advertising Clerk
Subscribed and orn to before me this
3rd ay of Ma A.D. 19 82
My c mission xptres'
Notary Public
NOTICE
DOCKET NO. 82-17
NOTICE IS HEREBY GIVEN, that the Board of County
Commissioners of Weld County, Colorado, will conduct a public
hearing in its chambers on the First Floor of the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado at the
date and time specified:
DATE: May 19 , 1982
TIME: 2 : 00 P.M.
Said hearing will be for the purpose of considering proposed
amendments to the Weld County Subdivision Regulations as follows:
Section 2 - regarding change in the definitions for
subdivision, resubdivision and registered mail.
Section 5 - regarding approvals or disapprovals of
Preliminary Plans.
Section 6 - regarding final plats , resubdivision, correction
plats, and numbering systems .
Section 9 - regarding rules and regulations for exemptions.
Section 13- regarding violations and penalties, more
specifically, the issuance of building permits
on parcels created in an illegal manner.
All persons in any manner interested are requested to attend the
hearing and may be heard.
The text of the proposed amendments are available for public
inspection in the Office of the Clerk to the Board of County
Commissioners, Third Floor, Weld County Centennial Center,
915 10th Street, Greeley, Colorado, and may be viewed Monday
through Friday, from 8 : 00 A.M. to 5 : 00 P.M.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Bette M. Foose, Deputy
DATED: April 12, 1982
PUBLISHED: April 15, 1982 and May 6, 1982 in the Johnstown
Breeze
Greeley, Colorado
from the Office of
THE BOARD OF COUNTY COMMISSIONERS April 13 , 1982
WELD COUNTY, COLORADO
•
Publisher:
Please insert the enclosed notice in your issue, the week of
May 3 , 1982 , one time only.
After publication, please send us your statement for same along with
an affidavit of publication and we will remit accordingly.
Thank you for your cooperation.
•
Sincerely,
THE BOARD OF COUNTY COMMISSIONERS
• Docket No. 82-17 WELD COUNTY, COLORADO
Greeley Tribune
BY: Mary Ann Feuerstein
County Clerk and Recorder
and Clerk to the Board
•
•
BY
Deputy ounty Clerk
DATE: Al L 12 , 1982
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections, we have tentatively set the
following hearing for the 19th day of May at 2 : 00 P.M. :
Docket No. 82-17 - Weld County Planning Commission
Proposed amendments to the Weld County
Subdivision Regulations.
•
OFFICE OF THE CLERK TO TIjE BOARD
5-197- - „.....),„/4c -2 Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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MEMORAnDUM
TOWeld County Planning Commission Date March 30, 1982
COLORADO From Department of Planning Services
Subject. Proposed amendments to the Weld County Subdivision Regulations
The Department of Planning Services staff recommends that the attached
proposed amendments to the Weld County Subdivision Regulations be approved
for the following reasons:
1. The existing Subdivision Regulations will be brought into conformance
with changes made in the State Statutes during the past three years.
2. The proposed changes defines written procedures which will coincide
with administrative procedures currently being utilized by the County.
3. The proposed changes clarifies sections of the regulations so that
they will be consistent with current interpretations of the County.
4. The proposed changes do not conflict with the Weld County Comprehensive
Plan or Zoning Ordinance.
Listed below in chronological order by Sections is a brief
description of the proposed changes to the Subdivision Regulations.
Section 2-1
Updates material to be in conformance with changes made in the State
Statutes concerning the definition of Subdivision or Subdivided
land.
Section 2-2
Clarifies definition of resubdivision. Expands on the definition in
the existing regulations to be consistent with current
interpretation.
Section 2-31
Defines registered mail indicating that it includes certified mail.
Purpose is to allow certified mail to be sent for notices instead of
by registered mail resulting in postage savings to the County and/or
applicant.
Section 5-2 D.
Clarifies submission requirements for applicants regarding evidence
to utility service for the subdivision on a preliminary plan
application.
Sections 5-2 G. and H.
Places responsibility on applicant for providing the property
owners ' (surface and subsurface) names and addresses when a
preliminary plan application is submitted. An identical requirement
is currently being used on land use applications which come under
the Zoning Regulations.
Section 5-3 C.
Increases review time for referral agencies from 24 days to 35 days.
This is necessary to be in conformance with changes made in the
State Statutes .
Sections 5-3 D,E,F, and G.
Establishes and clarifies procedures for publication of legal
notice, notification of property owners (surface and subsurface) ,
and submittal of comments from affected persons regarding the
preliminary plan.
Section 5-3 H.
Changes membership structure of the Utilities Review Advisory
Committee. Eliminates Colorado Highway Department Engineer from the
committee.
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Section 5-3I .
No change in the text. Merely renumbers subsection.
Section 5-4 A. (1) (c)
Adds phrases regarding soil instability and human life or
structures.
Section 5-4 C.
Establishes written procedures for forwarding preliminary plan to
Board of County Commissioners.
Section 5-4 E.
Establishes written procedures for consideration of the preliminary
plan by the Board of County Commissioners.
Section 5-4F.
Clarifies procedures for disapproval of a preliminary plan and time
requirements for reapplication.
Section 6-2 H.
Clarifies submission requirements for applicants regarding evidence
of utility service for the subdivision on a final plat application.
Sections 6-2 P. and Q.
Places responsibility on applicant for providing the property
owners ' (surface and subsurface) names and addresses when a final
plat application is submitted. An identical requirement is
currently being used on Land Use Applications which come under the
Zoning Regulations .
Sections 6-3 B. (4) (5) and (6)
Establishes written procedures for publication of legal notice,
notification of property owners ' (surface and subsurface) , and
submittal of comments from affected persons regarding the final
plat.
Section 6-3 C .
Establishes written procedure for consideration of the Final Plat by
the Board of County Commissioners.
Section 6-4 A,B,C.
This section on Resubdivision has been rewritten to clarify the
procedure and establish written procedure used during the
resubdivision process.
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Section 6-5
Establishes new procedure provided for in the State Statutes.
Section 6-6
Minor changes in the wording of the text has been made. The basic
content remains the same.
Sections 9-2 B. (5) and 9-3 B. (3)
Clarifies that the exemption procedures are not effective in
previously platted areas. Replats are provided for in Section 6-4
Resubdivision Procedure.
Section 13
Establishes new procedure to review requests for Building Permits on
land divided in an illegal manner. Removes Planning Commission from
decision making process. Establishes minimum standards to be
complied with before approval of the request by the Board.
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3/3/82 DRAFT
SECTION 2 DEFINITIONS
Delete Section 2-1 Subdivision or Subdivided Land and replace
with a new Section 2-1:
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 "subdivided 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;
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(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 property;
(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
(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.
Section 2-2 shall be amended as follows:
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.
Add new Section 2-31 Registered Mail to read:
Section 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
SECTION 5 PRELIMINARY PLAN
5-2 Supporting Documents Required
Section 5-2 D. shall be amended as follows:
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 .
Add new subsection G. to read:
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.
Add new subsection H to read:
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.
5-3 Review Procedures - Preliminary Plan
Delete Subsection C and replace with new subsection C:
3
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 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 .
Delete Subsection D. and replace with a new Subsections D. , E. ,
F. , and G.
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.
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.
Section 5-3 E shall be amended to read as follows:
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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.
5-4 Approval or Disapproval - Preliminary Plan
Delete Section 5-4 A. (1) (c)
Replace with:
(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 .
Delete Subsection C. Recommendation and replace with a new
subsection C. :
C. Recommendation
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.
Delete Subsection E. Plan Disapproval and Reapplication and F.
Appeal and replace with new subsections E. and F.
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
5
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
6-2 Supporting Documents
Amend Section 6-2 H as follows :
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.
Add new Subsection P. to read:
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
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.
Add new Subsection Q. to read:
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.
6-3 Review Procedures - Final Plat
6
Add new Subsections B. (4) , (5) , and (6) to read:
B. (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 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.
Subsection 6-3 C. shall be amended as follows:
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.
Delete Sections 6-4 A. , B. , and C.
Replace with new Sections A. , B. , C. , and D. to read:
7
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 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 .
B. Requests for resubdivision for the purpose of redesign or
vacation of all or portions of a subdivision shall be
subject to these resubdivision submittal requirements.
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.
C. 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.
(6) One copy of the existing recorded plat of the
subdivision shall be provided for comparison
purposes.
8
(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.
D. 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
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(3) The plat shall not be altered in any way which will
adversely affect the character of the plat filed.
Delete Section 6-5 Numbering System and replace with a new
Section 6-5 :
6-5 Correction Plat
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 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 and/or final plat.
Add new Section 6-6 Numbering System:
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 9 RULES AND REGULATIONS FOR EXEMPTIONS
Add a new Section 9-2 B. (5) to read:
9-2B. (5) No lot which is part of an approved 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 shall be
redivided or changes in any manner by the Recorded
Exemption procedure. Such platted lots may only be
resubdivided or changed by utilizing Section 6-4 of
these Regulations.
Add a new Section 9-3 B. (3) to read:
9-3B. (3) 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 Subdivision Exemption procedure. Such
platted lots may only be resubdivided or changed by
utilizing Section 6-4 of these Regulations.
SECTION 13 VIOLATIONS AND PENALTIES
Delete Subsection C. Building Permits and replace with
Subsection C. :
10
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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