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WELD COUNTY
CODE ORDINANCE 2003-2
IN THE MATTER OF ENACTING CHAPTER 16 CHAPTER 8 PUBLIC WORKS, ARTICLE VII
STORMWATER MANAGEMENT PROGRAMS, 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 requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 16 Stormwater Management Programs, Article
I- Evans Service Area Stormwater UtilityChapter 8 Public Works, Article VII Stormwater
Management Programs, of the Weld County Code be, and hereby is, enacted to read as follows.
CI IAPTER 1G
Stormwater MANAGEMENT PROGRAMS
ARTICLE I
Evans Service Area Stormwater Utility
Dlv. I. ri,di„y.,
Sec. 16-110.- Boundaries of Service Area Stormwater Utility. The boundaries of the Evans
Service Area Stormwater Utility are identified at Appendix 16-A to this Chapter as being those
areas denoted thereon as PIPS Code Number 34786 and lying adjacent and contiguous to the
municipal boundaries of the City of Evans.
Sec. 16-1-20. Efficient use of powers. It is the objective of the Board of County
Commissioners and the governing body of the City of Evans, Colorado, to make the most
efficient use of their powers by jointly implementing and performing six (6)stormwater
management programs, or minimum measures, as follows:
A. Public education and outreach.
13. Public participation/involvement.
C. Illicit discharge detection and elimination.
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D. Construction site stormwater runoff control.
E. r'o3t-construction stormwater management.
r. Pollution prevention/good housekeeping for mun;eipal operations.
and thc City of Ev,.n3, Coh.rado, • entered into, or intcnd to cntcr into, the
1C 1 20 of this Code.
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D. Authority. The Board of County Commissioners has thc authority to adopt thc ordinance
cod;fed herein pursuant to the Colorado Constitutkn and state statutes.
Weld County, within the Evans Scrvicc Arca Stormwatcr Utility, according to the
boundaries set forth in Se,,tion 16 1 10 of tho Code;
Utility, includ; 1g art.'s to be subdiv;ded and derelupL.d, i,, ord,r that 3ton and aurfa,,e waLia
Chapter, shall have the meanings ascribed to them in th;s section.
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from ;ndustrial processes, land use-activitic3, development or other man induced practices.
designated representative of such D;rector of rublic Works/rlanning of the City of Evans.
Minor Storm water System means all stormwater faaliti 3 used for the conveyance, control or
storage of st.,rm runoff of kcal benefit only. These facilities generally direct storm runoff to
major storrnwatetsystems7
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water supply systems.
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Storm water Facilities means any one (1) or more of varioda devLes used in the collection,
otru,,turc3 and natural watcrcour 3 and/or flood plains for the conveyance of runoff, such a3
gulches, streams, rivers, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches,
with substantially the same dens;ty, or which is divided ink, two (2) or more parcels, separate
interests or interc.st3 in common, unless exempted under the foll wing su. ,,tions. Interests
cubsurfaLe inter sts.
A. Which creates parcels of land, such that the land area of each of the parcels,
{35) or more acres per ;Merest.
court and g;ven opportunity to join as a party in interest in such proceeding for
may proceed before the cuurt.
instrument.
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C. Which creates cemetery Its.
F. Which crt.at 3 an interest in oil, gas-, m;..erals or water which is 3cvcrcd from the
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any such interest shall be deemed as only one (1) interest.
larger parcel. If th., rc3ulting parcel is Ic33 than thirty five (35) acres in land
greater than thirty five (35) acrc3 in land arca, such land arca, divided by the
acres per 'interest. Casements and rights of-way shall not be considered
interests.
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acquire pursuant to the-contra„t.
J. Which is created by agreement to r 3olvc uncertainty, doubt or conflict regarding
resolution of the boundary in que3tion. The plat and agreement shall be
recorded as an instrument affecting real estate, a.id shall be binding upon hairs,
succc..sors and assigns.
The Doard of County Co.n.niss'ioners may, pursuant to rules and regulations or by ordinancc,
determines that such divi3ion 13 not within the purp,,ses of this definition.
Suitable Treatment mean° that treatmcnt pr. 3s authorized by and undertaken pursuant to art
Chapter is hereby vested in and Shall be cxcrci3cd by the Direbtor, pursuant to the
Intergovernmental Agreement referred to in S etiun 16 1 30 of thi3 Code, who may prc3cribe
admini3tration and cnforcemci A. The Din.ctor may dcLgate the administration of this Chapter
or a..y part thereof, subje.t to the limitations of the Charter and Code to duly qualified dcputic3
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Sec. 16-1-150. Establishment of Evans Service Area Stormwater Utility. Pursuant to the
provisions of Section 30-20-401, et. seq., C. R. S. and Section 37-45.1-101, et. seq., C. R. S.
respectively, the Board of County Commissioners hereby establishes the Evans Service Area
Stormwater Utility, with the following rules applying thereto:
A. The territory to be included in the Utility are identified in Section 16 1 10 of this
Code.
D. The Utility shall be established as a division within the Department of Finance
and Administration.
C. The Utility's funds shall be kept separate from all other County funds.
D. The Utility shall not receive more than ten per cent of its total revenue from a8
state and local governments.
C. The Board of County Commissioners may, from time to time, issue revenue
bonds by pledging the revenues from the Utility, in accordance with Section
30 20 401, et. scq., C. R. S., and Section 37-45.1 101, et. seq., C. R. S.,
respectively.
r. The Utility shall assess a fee in accordance with the fees established pursuant to
Division 3, below.
C. The Utility has no authority to enter into any contract, or receive any funds which
would impair its status as an enterprise for purpose of Article X, Section 20 of the
Constitution of the State of Colorado.
I I. The Board of County Commissioners shall be the governing board of the Utility.
Div. 3. fees
Sec. 16-1-200. rees - - Developments Inside Evans Service Area Stormwater Utility. For
the purpose of providing storm sewers, systems and additions to present storm-sewer systems,
each builder or developer of an undeveloped lot or fraction thereof inside the Evans Service
Area Stormwater Utility shall pay fees as adopted by resolution of the Board of County
Commissioners of Weld County and collected by the Director, pursuant to the
Intergovernmental Agreement referred to in Section 16-1-30 of this Code.
Sec. 16-1-210. Stormwater Basin lees.
A. After receiving a report from the City of Evans Water and Sewer Board on a particular
stormwater basin within the Evans Service Area Stormwater Utility, the Board of County
Commissioners may establish by resolution, stormwater fees to be paid by the owners
of property in such stormwater basin. Such stormwater fees shall be established in
amounts which will provide sufficient funds, proportionately calculated and assessed, to
construct the facilities which need to be installed in the basin. The amount of the fees
assessed against individual properties and the method of collecting the fees shall be
established by the resolution.-
B. The County may require the payment of the stormwater basin fees as a condition of
issuance of a full building permit, or if no building permit is required, upon
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Eitytf Ev.s utilities. All
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detailed in Cation 2 4 10 of thi3 Code:
Ch.?: 4. Mi3,.cHane..u3
of the County.
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A. The City of Evan's most current Comprehe..sivt Drai..age Study is hereby adopted by
reference and declared to be a part of this Chapter.
D. The Comprehensive Drainage Study is on file in the office of the City Clerk of the City of
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Clerk of the City of Evans.
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accepted by the City or County for maintenance. For purposes of this section "for use by the
general public" means direct use and benefit of the general public.
Sec. 16-1-460. flood insurance. Floods from stormwater runoff may occasionally occur
which exceed the capacity of stormwater facilities constructed and maintained by funds
available for the Evans Service Area Stormwater Utility. The provisions of this Article to not
imply that property liable for the fees and charges established pursuant to this Article will always
be free from stormwater flooding or flood damage. The provisions of this Article do not purport
to reduce the need or the necessity for the owner obtaining flood insurance.
ARTICLE II
Greeley Service Area Stormwater Utility
Div. 1. findings
Ste. 1C-2-10. Boundaries of Service Area Stan .tnutt.r Utility. The boundaries of the
Greeley Service Area Stormwater Utility are identified at Appendix 16-C to this Chapter as
being those areas denoted thereon as PIPS Code Number 34786 and lying adjacent and
eontiguous to the municipal boundaries of the City of Greeley.-
Sec. 16 2-20. Efficient use of powers. It is the objective of the Board of County
Commissioners and the governing body of the City of Greeley, Colorado, to make the most
efficient use of their powers by jointly impl.,ncnting and N.,furl fling six (C) 0t ,„,v.att,
management programs, or minimum measures, those being the following:A. Public education and outreach.
B. Public participation/involvement.
C. Illicit discharge detection and elimination.
D. Construction site stormwater runoff control.
C. Poat-construction stormwatcr management.
I. Pollution prevention/good housekeeping for municipal operations.
Sec. 16-2-30. Intergovernmental Agreement. Pursuant to Article XIV, Section 18(2)(a) and
(b)of the Colorado Constitution, and Sections 29-20-105 and 29-1-201, C. R. S., Weld County
and the City of Greeley, Colorado, have entered into, or intend to enter into, the
Intergovernmental Agreement for Joint Enforcement of Stormwater Management Programs, to
develop, implement and perform the six (6) stormwater management programs listed in
Section 1G 2 20 of thi3 Code:
Div. 2. Cenci al ftiov;o;v„O
Sec. 16-2-100. Short title, authority and application.
A. Title. This Article shall be known and may be cited as the "Greeley Service Area
Stormwater Utility Management Programs Ordinance."
B. Authority. The Board of County Commissioners has the authority to adopt the ordinance
codified herein pursuant to the Colorado Constitution and state statutes.
C. Application. This Article shall apply to all lands within unincorporated portion of Weld
County, within the Greeley Service Area Stormwater Utility, according to the boundaries
set forth in Section 16-2-10 of this Code.
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}n acts ea.
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major stommfater-systems:
water supply oyatcn
Jd Hi, Uty fir J,a iaye purp aca.
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in such stormwater facilities.
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Subdivision or Subdivided Land means any parcel of land in the County 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 these provisions and
with substantially the same density, or which is divided into two (2) or more parcels, separate
interests or interests in common, unless exempted under the following subsections. Interests
shall include any and all interests in the surface of land but exclude any and all subsurface
interests.
A. Which creates parcels of land, such that the land area of each of the parcels,
when divided by the number of interests in any such parcel, results in thirty-five
(35) or more acres per interest.
D. Which could be created by any court in the State pursuant to the law of eminent
domain, 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 su,,l i-pc. di,ig action b,-t1
court and given opportunity to join as a party in interest in such proceeding for
the purpose of raising the issue of evasion prior to entry of the court order; and,
if the Doard of County Commissioners does not file asap ,tiate-pLaJ;,,y
within twenty (20) days after receipt of such notice by the court, then such action
may proceed before the court.
C. Which is created by a lien, mortgage, deed of trust or any other security
instruments.
D. Which is created by a security or unit of interest in any iui eat,,,e,,t-tivaticguleted
under the laws of the State or any other interest in an investment entity.
C. Which creates cemetery lots.
F. Which creates an interest in oil, gas, minerals or water which is severed from the
aurfacc ownership of real property.
C. 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 as only one (1) interest.
I I. Which is created by the combination of contiguous parcels of land into ones)
larger parcel. If the resulting parcel is less than thirty-five (35) acres in land
area, only one (1) interest in said land shall be allowed.-If the resulting parcel is
greater than thirty-five (35) acres in land area, such land area, divided by the
number of interests in the resulting parcel, must result in thirty-five (35)or more
acres per interest. Casements and rights-of-way shall not be considered
interests.
I. Which is created by a contract concerning the sale of land which is contingent
upon the purchaser's obtaining approval to subdivide, pursuant to this Chapter
and any applicable County regulations, the land which the purchaser is to
acquire pursuant to the contract.
J. Which is e,eated by agreement to resolve uncertainty, doubt or conflict .eyaith,iy
a common boundary. A boundary may be determined and permanently
established by written agreement of all parties affected. The agreement must be
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successors and assigns.
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Director has approved the discharge thereof.
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provisions of Section 30 20 401, ct. scq., C. R. S., and Section 37 45.1-101, et. seq., C. R. S.,
A. The territory to be included in the Utility arc idcntificd in Section 16 2 10 of thin
Code.
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C. The Board of County Comm3s;oncra may, from timc to timc, ?fluc rcvenuc
30 20 401, et. scq., C. R. S. and Scction 37 ,
respeetiveit
Division-3,below.
Constitution of the Statc of Colorado,.
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Div. 3. reed
Commissioners of Weld County and collected by the Dircctor, pursuant to th,,
Sec. 16-2240—StornwaterDasin ran.
owners of property in such stormwater basin. Such-stormwater f 3 shall be
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footles iL.C. of a full building N,. 11 it, or if no building N 1 's,Ly mod, uN r
C. Ai is/fees not otherwise collected may be collected through special a3sessments lev;ed
established by resolution.
Sec. 16-2-220. Store...vat..
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amount of the fcc 3ha11 not be increascd.
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eme due and payable in a ..e a v.;tiril,c rul.,,.t
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• charg..3, it shall relieve the laRJu•v ici
for ealleetien-purstrant-to-State.favit
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of the County.
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developed-
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conditions.
A. The City of Crcelcy'a moat current Comprchensiw. Drain cage Study ia-hereby adopted
13. The Comprehensive Drainage Study is on file in the office of the City Clerk of the City of
ahall bc-on file in the office of Said City Clerk. The plans may be modified by the
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the applicable basin, and if modified, the modifications shall be filed in the office of the
City Clerk of the City of Greeley.
Sec. 16-2'440. Stormwater racilities Required for Divisions of Land. Prior to the final
approval of the plat of any subdivision, or prior to commencement of construction upon any lot
or parcel of land for which a drainage report and construction plan for the installation of
stormwater facilities has not been prepared and approved by the Director, the owners of the
property being subdivided or upon which construction is being commenced shall, at such
owner's cost, prepare a detailed drainage report and construction plans for the installation of all
stormwater facilities required for such subdivision or lot, including any off site facilities required
to convey stormwater to existing drains, channels, streams, detention ponds or to other points,
all in conformity with the Comprehensive Drainage Study of the City of Greeley. The Director
shall review such reports, plans and cost estimates, and after approval of the same, the plat of
the subdivision or the building permit, if applicable, may be approved subject to the County's
being furnished with acceptable assurance that such facilities will be constructed and installed
as indicated approved.
Sec. 16 2-450.-County to Maintain Stormwater facilities; Exception. The City of Greeley
shall maintain all accepted public stormwater facilities located within City-owned land, City
rights of-way and City easements and may maintain other accepted public stormwater facilities
located within or adjacent to the City. The County shall maintain all accepted public stormwater
facilities located within County-owned land, County rights-of-way and County easements. Such
public facilities include those facilities which have bcen designed and constructed expressly for
use by the general public. Such public stormwater facilities do not include facilities not
accepted by the City or County for maintenance. For purposes of this section "for use by the
general public" means direct use and benefit of the general public:
Cec. 16-2-460. rlood insurance. Floods from atormwatcr runoff,i is yY eeL oiu, aHy In of
which exceed the capacity of stormwater facilities constructed and maintained by funds
available for the Greeley Service Area Stormwater Utility. The provisions of this Article to not
imply that property liable for the fees and charges established pursuant to this Article will always
be free from stormwater flooding or flood damage. The provisions of this Article do not purport
to reduce the need or the necessity for the owner obtaining flood insurance.
CHAPTER 8
PUBLIC WORKS
ARTICLE VII
Stormwater Management Programs
Div. 1. Creation
Sec. 8-7-10. Creation of Service Area Stormwater Utilities and designation of
boundaries. There shall be created municipal stormwater utility service areas lying within the
unincorporated portions of Weld County and adjacent and contiguous to the municipal
boundaries of the Town of Erie, the City of Evans and the Town of La Salle (collectively), and
the City of Greeley, Colorado. Such municipalities are referred to in this Article as the
"corresponding municipality." The boundaries of the Erie Service Area Stormwater Utility are
identified at Appendix 8-E to this Chapter as being those areas lying adjacent and contiguous to
the municipal boundaries of the Town of Erie. The boundaries of the Evans/LaSalle Service
Area Stormwater Utility are identified at Appendix 8-F and Appendix 8-G to this Chapter as
being those areas lying within the unincorporated portions of Weld County and adjacent and
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contiguous to the municipal boundaries of the City of Evans and the Town of LaSalle. The
boundaries of the Greeley Service Area Stormwater Utility are identified at Appendix 8-H to this
Chapter as lying within the unincorporated portions of Weld County and adjacent and
contiguous to the municipal boundaries of the City of Greeley. Such Service Area Stormwater
Utilities are referred to in this Article as the "corresponding municipal utility."
Sec. 8-7-20. Efficient use of powers. It is the objective of the Board of County
Commissioners and the governing bodies of the municipalities listed in Section 8-7-10 of this
Code, to make the most efficient use of their powers by jointly implementing and performing six
(6) stormwater management programs, or minimum measures, those being the following:
A. Public education and outreach.
B. Public participation/involvement.
C. Illicit discharge detection and elimination.
D. Construction site stormwater runoff control.
E. Post-construction stormwater management.
F. Pollution prevention/good housekeeping for municipal operations.
Sec. 8-7-30. Intergovernmental agreements. Pursuant to Article XIV, Section 18(2)(a) and
(b) of the Colorado Constitution, and Sections 29-20-105 and 29-1-201, C. R. S., Weld County
and the Town of Erie, the City of Evans and the Town of LaSalle (collectively), and the City of
Greeley, have entered into, or intend to enter into, the Intergovernmental Agreements for Joint
Enforcement of Stormwater Management Programs, to develop, implement and perform the
stormwater management programs listed in Section 8-7-20 of this Code.
Div. 2. General Provisions
Sec. 8-7-100. Short title, authority and application.
A. Title. This Article shall be known and may be cited as the "Stormwater Utilities
Management Programs Ordinance."
B. Authority. The Board of County Commissioners has the authority to adopt the ordinance
codified herein pursuant to the Colorado Constitution and State statutes.
C. Application. This Article shall apply to all lands within unincorporated portion of Weld
County, within the corresponding municipal utilities listed in Section 8-7-10 of this Code,
according to the boundaries delineated therein.
Sec. 8-7-110. Declaration of purpose. The Board of County Commissioners of Weld County
finds, determines, and declares that it is necessary to provide stormwater facilities for the
drainage and control of flood and surface waters within the corresponding municipal utility
created herein, including areas to be subdivided and developed, in order that storm and surface
waters may be properly drained and controlled, pollution may be reduced, the environment
enhanced, and that the health, property, safety and welfare of such utilities and their inhabitants
may be safeguarded and protected.
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Sec. 8-7-130. Definitions. The following words, terms, and phrases, when used in this Article,
shall have the meanings ascribed to them in this section:
Contaminated water means that water which contains constituents at concentrations
which could cause, directly or indirectly, impairment of human health or the environment
and which would not be present in such concentrations in a natural state. This includes
any water contaminated from industrial processes, land use activities, development or
other man-induced practices.
Director means the duly appointed Director of Public Works/Planning of the
corresponding municipality or the designated representative of such Director of Public
Works/Planning.
Major Stormwater System means all stormwater facilities identified in the master
drainage plan that facilitate the conveyance of stormwater runoff on a basin-wide or
regional basis.
Minor Stormwater System means all stormwater facilities used for the conveyance,
control, or storage of storm runoff of local benefit only. These facilities generally direct
storm runoff to major stormwater systems.
Non-Stormwater Runoff means flow arising from man-induced activities including, but
not limited to, industrial processes, domestic irrigation, subdrains, groundwater wells
and municipal water supply systems.
On-site Detention means stormwater detention which is not part of a major stormwater
system, and which is sized for the benefit of specified tributary area, part or all of which
is being subdivided. Such on-site detention shall be located within an easement or
parcel dedicated to and accepted by the corresponding municipality for drainage
purposes.
Stormwater Facilities means any one (1) or more of various devices used in the
collection, treatment, or disposition of storm, flood or surface drainage waters, including
manmade structures and natural watercourses and/or flood plains for the conveyance of
runoff, such as detention or retention areas, berms, swales, improved watercourses,
channels, bridges, gulches, streams, rivers, gullies, flumes, culverts, gutters, pumping
stations, pipes, ditches, siphons, catch basins, inlets, and other equipment and
appurtenances and all extensions, improvements, remodeling, additions and alterations
thereof; and any and all rights or interests in such stormwater facilities.
Stormwater Runoff means that part of snowfall, rainfall or other stormwater which is not
absorbed, transpired, evaporated or left in surface depressions, and which then flows
controlled or uncontrolled into a watercourse or body of water.
Subdivider or Developer means 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.
Subdivision or Subdivided Land means any parcel of land in the County 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 these
provisions and with substantially the same density, or which is divided into two (2) or
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more parcels, separate interests or interests in common, unless exempted under the
following subsections. Interests shall include any and all interests in the surface of land
but exclude any or all of the following subsurface interests.
A. Which creates parcels of land, such that the land area of each of the parcels,
when divided by the number of interests in any such parcel, results in thirty-
five (35) or more acres per interest.
B. Which could be created by any court in the State pursuant to the law of
eminent domain, 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
in such proceeding for the purpose of raising the issue of evasion prior to
entry of the court order; and, if the Board of County Commissioners does not
file an appropriate pleading within twenty (20) days after receipt of such
notice by the court, then such action may proceed before the court.
C. Which is created by a lien, mortgage, deed of trust or any other security
instruments.
D. Which is created by a security or unit of interest in any investment trust
regulated under the laws of the 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.
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 as only one (1) interest.
H. Which is created by the combination of contiguous parcels of land into one
(1) larger parcel. If the resulting parcel is less than thirty-five (35) acres in
land area, only one (1) interest in said land shall be allowed. If the resulting
parcel is greater than thirty-five (35) acres in land area, such land area,
divided by the number of interests in the resulting parcel, must result in thirty-
five (35) or more acres per interest. Easements and rights-of-way shall not
be considered interests.
I. Which is created by a contract concerning the sale of land which is
contingent upon the purchaser's obtaining approval to subdivide, pursuant to
this Article and any applicable County regulations, the land which the
purchaser is to acquire pursuant to the contract.
J. Which is created by agreement to resolve uncertainty, doubt or conflict
regarding a common boundary. A boundary may be determined and
permanently established by written agreement of all parties affected. The
agreement must be signed and acknowledged by each property owner as
required for conveyance of real estate. The agreement must be
accompanied by a plat showing the resolution of the boundary in question.
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The plat and agreement shall be recorded as an instrument affecting real
estate, and shall be binding upon heirs, successors and assigns.
The Board of County Commissioners may, pursuant to rules and regulations or by
ordinance, exempt from this definition of the terms subdivision and subdivided land any
division of land if it determines that such division is not within the purposes of this
definition.
Suitable Treatment means that treatment process authorized by and undertaken
pursuant to an appropriate permit(s) to discharge treated water under the State of
Colorado, Department of Public Health and Environment, Colorado Discharge Permit
System ("CPDS"), and which the Director has approved the discharge thereof.
Sec. 8-7-140. Administration to be by Director. The administration of the provisions of this
Article is hereby vested in and shall be exercised by the Director, pursuant to the
intergovernmental agreements referred to in Section 8-7-30 of this Code, who may prescribe
forms and rules and regulations in conformity with this Article or for the ascertainment,
computation, and collection of the fees and charges imposed in this Article and for the proper
administration and enforcement. The Director may delegate the administration of this Article, or
any part thereof, subject to the limitations of the Charter and Code, to duly qualified deputies
and agents of the Director.
Sec. 8-7-150. Establishment of service area stormwater utilities. Pursuant to the
provisions of Sections 30-20-401, et. seq., C.R.S., and Sections 37-45.1-101, et. seq., C.R.S.,
respectively, the Board of County Commissioners hereby establishes the Erie Service Area
Stormwater Utility, Evans/LaSalle Service Area Stormwater Utility, and Greeley Service Area
Stormwater Utility, with the following rules applying thereto:
A. The territory to be included in each corresponding municipal utility are delineated in
Section 8-7-10 of this Code.
B. Each corresponding municipal utility shall be established as a division within the
Department of Finance and Administration.
C. Each corresponding municipal utility's funds shall be kept separate from all other County
funds.
D. Each corresponding municipal utility shall not receive more than ten percent of its total
revenue from all state and local governments.
E. The Board of County Commissioners may, from time to time, issue revenue bonds by
pledging the revenues from each corresponding municipal utility, in accordance with
Sections 30-20-401, et. seq., C.R.S. and Sections 37-45.1-101, et. seq., C.R.S.,
respectively.
F. Each corresponding municipal utility shall assess fee in accordance with the fees
established pursuant to Division 3, below.
G. Each corresponding municipal utility has no authority to enter into any contract, or
receive any funds which would impair its status as an enterprise for purpose of Article X,
Section 20 of the Constitution of the State of Colorado.
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H. The Board of County Commissioners shall be the governing board of each
corresponding municipal utility.
Div. 3. Fees
Sec. 8-7-200. Fees - - Developments inside corresponding utility. For the purpose of
providing storm sewers, systems and additions to present storm sewer systems, each builder or
developer of an undeveloped lot, or fraction thereof, inside the corresponding municipal utility
shall pay fees as adopted by resolution of the Board of County Commissioners of Weld County
and collected by the Director, pursuant to the intergovernmental agreement referred to in
Section 8-7-30 of this Code.
Sec. 8-7-210. Stormwater basin fees.
A. After receiving a report from the corresponding municipality on a particular stormwater
basin within its utility, the Board of County Commissioners may establish by resolution,
stormwater fees to be paid by the owners of property in such stormwater basin. Such
stormwater fees shall be established in amounts which will provide sufficient funds,
proportionately calculated and assessed, to construct the facilities which need to be
installed in the basin. The amount of the fees assessed against individual properties
and the method of collecting the fees shall be established by the resolution.
B. The County may require the payment of the stormwater basin fees as a condition of
issuance of a full building permit, or if no building permit is required, upon
commencement of construction. The stormwater basin fee shall be payable at any time
as determined by the Board of County Commissioners after the approval of the plat of a
subdivision or, in the case of unplatted property, upon the issuance of a building permit.
C. Any fees not otherwise collected may be collected through special assessments levied
in a local assessment district created pursuant to State law. Such fee shall be
established by resolution.
Sec. 8-7-220. Stormwater utility fee. There is hereby imposed on each and every lot or
parcel of land within and upon the owners thereof a stormwater utility fee as shown in Appendix
8-I for the Erie Service Area Stormwater Utility, Appendix 8-J for the Evans/LaSalle Service
Area Stormwater Utility, and Appendix 8-K to this Article for the Greeley Service Area
Stormwater Utility. Such fees are deemed reasonable and necessary to pay for the operation,
maintenance, administration and routine functions of the existing the utility and its
corresponding municipality's stormwater facilities and the operation, maintenance and
administration of such future stormwater facilities as may be established within the utility and its
corresponding municipality and to pay for the design, right-of-way acquisition and construction
or reconstruction of major and minor stormwater facilities to the extent that such costs have
been determined to be the responsibility of developed properties. All of the proceeds of such
fees are deemed to be in payment for use of the utility and its corresponding municipality's
stormwater system by the real property on and with respect to which the charge is imposed
upon the owners.
Sec. 8-7-230. Reestablishment of stormwater fees. The Board of County Commissioners
may, by resolution, change the amount of the corresponding municipal utility or basin fees for a
stormwater basin based upon revised estimates of the cost of installing facilities in the basin.
Any change in the amount of the stormwater basin fee shall be effective only as to properties in
a stormwater basin which have not paid in full the stormwater basin fee assessed against the
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property. After collection of the stormwater basin fee is completed as to particular property, the
amount of the fee shall not be increased.
Sec. 8-7-240. Billing for stormwater utility fee. The corresponding municipal utility fee shall
be billed and collected with the regularly scheduled utility bill for those lots or parcels of land
within the corresponding municipal utility, billed and collected separately as stormwater utility
fees for those lots or parcels of land and owners thereof not utilizing other utilities of the
corresponding municipality. All such bills for stormwater utility fees shall be rendered with the
regularly scheduled utility bill by the corresponding municipality and shall become due and
payable in accordance with the rules and regulations of the corresponding municipality
pertaining to the collection of utility fees. The corresponding municipality shall place all such
fees collected into its storm drainage fund to be deposited and separately kept as a fund to be
used only for the purposes stated herein.
Sec. 8-7-260. Certain properties exempt from stormwater utility fee. The corresponding
municipal utility fee shall not be collected in connection with any County street, road or alley, or
any railroad right-of-way used exclusively for trackage and related safety appurtenances.
Sec. 8-7-270. Enforcement. Any charge due hereunder, which shall not be paid when due,
may be recovered in an action at law. In addition to any other remedies or penalties provided
by this Article or the Code, failure of any user of corresponding municipality's utilities within its
utility boundaries to pay the charges promptly when due shall subject such user to
discontinuance of such utility services and the corresponding municipality is hereby empowered
and directed to enforce this provision as to any and all delinquent users. The employees of the
corresponding municipality shall, at all reasonable times, have access to any premises served
by the corresponding municipality for inspection, repair, or the enforcement of the provisions of
this Article.
Sec. 8-7-280. Unpaid charges to be a lien. All fees made pursuant to this Article shall be a
lien upon the property to which such fee is associated from the date the fee becomes due until
such fee is paid. The owner of record of every building, premises, lot or house shall be
obligated to pay the fee for all service provided for the premises which obligation may be
enforced by the County by action at law or suit to enforce the lien. In the case that a tenant in
possession of any premises or buildings shall pay the charges, it shall relieve the landowner
from such obligation and lien, but the County shall not be required to look to any person
whatsoever other than the owner for the payment of such charges. No change of ownership or
occupation shall affect the application of this Article and the failure of any owner to learn that he
or she purchased property against which a lien for corresponding municipal utility fees exists
shall in no way affect the responsibility for such payment. Any delinquent amount may be
enforced by assessment upon the property and premises served and certification to the County
Treasurer for collection pursuant to State law.
Sec. 8-7-290. Additional fees authorized when. Sections 8-7-200 and 8-7-210 of this Code
establish the basic drainage fees for all undeveloped areas within the corresponding municipal
utility. The Board of County Commissioners may determine, by resolution, as each subdivision
or area is formed within the corresponding municipal utility, that additional fees, if any, shall be
charged over and above the fees stated in this Article, which shall be based upon the actual or
estimated increased costs above such stated fees in the drainage requirements for the district
or area and/or upon the existing overall drainage system.
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Sec. 8-7-300. Appeals. Any owner who disputes the amount of the corresponding municipal
utility fee or the stormwater basin fee made against such owner's property, or who disputes any
determination made by or on behalf of the corresponding municipal utility pursuant to and by
the authority of this Article, may petition the Board of County Commissioners, in accordance
with the appeals process detailed in Section 2-4-10 of this Code.
Div. 4. Miscellaneous Provisions
Sec. 8-7-400. Disposition of fees and charges. The fees and charges paid and collected by
virtue of this Article shall not be used for general or other governmental or proprietary purposes
of the County, except to pay for the equitable share of the costs of accounting, management
and government thereof. Other than as described above, the fees and charges shall be used
solely to pay for the costs of operation, repair, maintenance, improvements, renewal,
replacement, reconstruction, design, right-of-way acquisition and construction of public
stormwater facilities and costs incidental thereto. If there are amounts in the fund in excess of
the amount required to satisfy the purpose of the fund, the Board of County Commissioners
may by ordinance or resolution authorize the transfer of such excess amount to any other fund
of the County.
Sec. 8-7-410. Property owners to provide stormwater facilities. The Board of County
Commissioners further finds, determines and declares under all attendant circumstances that
the owners of property within stormwater basins in the corresponding municipal utility should
provide the stormwater facilities necessary for the drainage and control of flood and surface
waters within stormwater basins and should provide the facilities required to convey such
waters from the stormwater basin to major drainage ways. Therefore, the cost of installing
stormwater facilities in a stormwater basin should be assessed, in whole or in part, against the
lands in the stormwater basin. The Board of County Commissioners further finds, determines,
and declares that all real property within a stormwater basin will be benefitted by the installation
of stormwater facilities within the basin since the development of elevated lands increases the
runoff of stormwater from such lands causing increased amounts of stormwater to flow onto
adjoining lands of lower elevation. The owner of such elevated land has a duty to prevent such
increased runoff from doing damage to other lands, which duty will be met if adequate
stormwater facilities are installed in the stormwater basin. To the extent possible, the charges
assessed against lands in a stormwater basin for construction of stormwater facilities should
take into account the amount of stormwater which will run off such lands after they have been
developed.
Sec. 8-7-420. Establishment of stormwater basins. The stormwater map which is on file
with the corresponding municipality delineating the boundaries of the stormwater basin in its
corresponding municipal utility and in the corresponding municipality be, and hereby is,
adopted. Such map may also indicate existing development of properties within the basin,
zoning of properties and such other information as may be determined to be advisable. Such
map be, and hereby is, the official designation of the respective stormwater basins of the
corresponding municipal utility, but such map may be revised from time to time to conform with
existing conditions.
Sec. 8-7-430. Comprehensive study.
A. The corresponding municipality's most current comprehensive drainage study is hereby
adopted by reference and declared to be a part of this Article.
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B. The comprehensive drainage study is on file in the office of the city clerk of the
corresponding municipality. The corresponding municipality may adopt additional
master drainage plans by reference and declare them to be a part of this Article and
copies of such master drainage plans shall be on file in the office of said city clerk. The
plans may be modified by the Director, for the sole purpose of enhancing such plan,
provided that such enhancement does not diminish the general purpose and specific
objectives of the adopted plan and does not diminish the ability of the plan to address
the disposition of stormwater runoff in the applicable basin, and if modified, the
modifications shall be filed in the office of the city clerk of the corresponding
municipality.
Sec. 8-7-440. Stormwater facilities required for divisions of land. Prior to the final
approval of the plat of any subdivision, or prior to commencement of construction upon any lot
or parcel of land for which a drainage report and construction plan for the installation of
stormwater facilities has not been prepared and approved by the Director, the owners of the
property being subdivided or upon which construction is being commenced shall, at such
owner's cost, prepare a detailed drainage report and construction plans for the installation of all
stormwater facilities required for such subdivision or lot, including any off-site facilities required
to convey stormwater to existing drains, channels, streams, detention ponds or to other points,
all in conformity with the comprehensive drainage study of the corresponding municipality. The
Director shall review such reports, plans and cost estimates, and after approval of the same,
the plat of the subdivision or the building permit, if applicable, may be approved subject to the
County's being furnished with acceptable assurance that such facilities will be constructed and
installed as indicated approved.
Sec. 8-7450. County to maintain stormwater facilities; exception. The corresponding
municipality shall maintain all accepted public stormwater facilities located within the
corresponding municipality's owned land, its rights-of-way and easements and may maintain
other accepted public stormwater facilities located within or adjacent to the corresponding
municipality. The County shall maintain all accepted public stormwater facilities located within
County owned land, County rights-of-way and County easements. Such public facilities include
those facilities which have been designed and constructed expressly for use by the general
public. Such public stormwater facilities do not include facilities not accepted by the
corresponding municipality or County for maintenance. For purposes of this section "for use by
the general public" means direct use and benefit of the general public.
Sec. 8-1460. Flood insurance. Floods from stormwater runoff may occasionally occur which
exceed the capacity of stormwater facilities constructed and maintained by funds available for
the corresponding municipal utility. The provisions of this Article do not imply that property
liable for the fees and charges established pursuant to this Article will always be free from
stormwater flooding or flood damage. The provisions of this Article do not purport to reduce the
need or the necessity for the owner obtaining flood insurance.
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.
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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 2003-2 was, on motion duly made and
seconded, adopted by the following vote on the 17th day of March, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
David E. Long, Chair
Weld County Clerk to the Board
Robert D. Masden, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
William H. Jerke
County Attorney
Glenn Vaad
First Reading: February 3, 2003
Publication: February 13, 2003, in the South Weld Sun
Second Reading: February 24, 2003
Publication: March 6, 2003 in the South Weld Sun
Final Reading: March 17, 2003
Publication: March 27, 2003, in the South Weld Sun
Effective: April 3, 2003
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