HomeMy WebLinkAbout20030331.tiff WELD COUNTY
CODE ORDINANCE 2003-2
IN THE MATTER OF ENACTING CHAPTER 16, STORM WATER 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 Utility, of the Weld County Code be, and hereby is, enacted to
read as follows.
CHAPTER 16
STORMWATER MANAGEMENT PROGRAMS
ARTICLE I
Evans Service Area Stormwater Utility
Div. 1. Findings
Sec. 16-1-10. 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 FIPS 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.
B. Public participation/involvement.
C. Illicit discharge detection and elimination.
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D. Construction site stormwater runoff control.
E. Post-construction stormwater management.
F. Pollution prevention/good housekeeping for municipal operations.
Sec. 16-1-30. 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 Evans, 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
16-1-20 of this Code.
Div. 2. General Provisions
Sec. 16-1-100. Short title, authority and application.
A. Title. This Article shall be known and may be cited as the "Evans 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 the unincorporated portion of
Weld County, within the Evans Service Area Stormwater Utility, according to the
boundaries set forth in Section 16-1-10 of this Code.
Sec. 16-1-110. 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 Evans Service Area Stormwater
Utility, including areas to be subdivided and developed, in order that storm and surface waters
may be properly drained and controlled, pollution may be reduced and the environment
enhanced; and that the health, property, safety and welfare of the Evans Service Area
Stormwater Utility and its inhabitants may be safeguarded and protected.
Sec. 16-1-130. Definitions. The following words, terms and phrases, when used in this
Chapter, shall have the meanings ascribed to them in this section:
Contaminated water means 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 City of Evans or the
designated representative of such Director of Public Works/Planning of the City of Evans.
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.
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Non-Storm water 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 a 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 city for drainage purposes.
Storm water 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 floodplains 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.
Storm water 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 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 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
instrument.
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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 Chapter
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. 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. 16-1-140. Administration to be by Director. The administration of the provisions of this
Chapter is hereby vested in and shall be exercised by the Director, pursuant to the
Intergovernmental Agreement referred to in Section 16-1-30 of this Code, who may prescribe
forms and rules and regulations in conformity with this Chapter or for the ascertainment,
computation and collection of the fees and charges imposed in this Chapter and for the proper
administration and enforcement. The Director may delegate the administration of this Chapter
or any part thereof, subject to the limitations of the Charter and Code to duly qualified deputies
and agents of the Director.
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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.
B. 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 all
state and local governments.
E. 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. seq., C.R.S., and Section 37-45.1-101, et. seq., C.R.S.,
respectively.
F. The Utility shall assess a fee in accordance with the fees established pursuant to
Division 3, below.
G. 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.
H. The Board of County Commissioners shall be the governing board of the Utility.
Div. 3. Fees
Sec. 16-1-200. Fees - - 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 Fees.
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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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. 16-1-220. Stormwater Utility Fee. There is hereby imposed on each and every lot or
parcel of land within the Evans Service Area Stormwater Utility and the owners thereof a
stormwater utility fee as shown in Appendix 16-B to this Chapter. This fee is deemed
reasonable and is necessary to pay for the operation, maintenance, administration and routine
functions of the existing Evans Service Area Stormwater Utility and City of Evans stormwater
facilities and the operation, maintenance and administration of such future stormwater facilities
as may be established within the Evans Service Area Stormwater Utility and the City of Evans
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 this fee are deemed to be in
payment for use of the Evans Service Area Stormwater Utility and the City of Evans stormwater
system by the real property on and with respect to which the charge is imposed on the owners.
Sec. 16-1-230. Reestablishment of Stormwater Fees. The Board of County Commissioners
may by resolution change the amount of the stormwater 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
property. After collection of the stormwater basin fee is completed as to a particular property,
the amount of the fee shall not be increased.
Sec. 16-1-240. Billing for Stormwater Utility Fee. The stormwater utility fee shall be billed
and collected with the regularly scheduled utility bill for those lots or parcels of land within the
Evans Service Area Stormwater Utility, billed and collected separately as stormwater utility fees
for those lots or parcels of land and owners thereof not utilizing other City of Evans utilities. All
such bills for stormwater utility fees shall be rendered with the regularly scheduled utility bill by
the City of Evans and shall become due and payable in accordance with the rules and
regulations of the City of Evans pertaining to the collection of utility fees. The City of Evans
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. 16-1-260. Certain Properties Exempt from Stormwater Utility Fee. The stormwater
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. 16-1-270. 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 Chapter or the Code, failure of any user of City of Evans utilities within the Evans
Service Area Stormwater Utility to pay the charges promptly when due shall subject such user
to discontinuance of such utility services and the City of Evans is hereby empowered and
directed to enforce this provision as to any and all delinquent users. The employees of the City
of Evans shall, at all reasonable times, have access to any premises served by the City of
Evans for inspection, repair, or the enforcement of the provisions of this Chapter.
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Sec. 16-1-280. Unpaid Charges to Be a Lien. All fees made pursuant to this Chapter 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 changes of ownership
or occupation shall affect the application of this Chapter and the failure of any owner to learn
that he or she purchased property against which a lien for stormwater 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. 16-1-290. Additional Fees Authorized When. Sections 16-1-200 and 16-1-210 of this
Code establish the basic drainage fees for all undeveloped areas within the Evans Service Area
Stormwater Utility. The Board of County Commissioners may by resolution determine that, as
each subdivision or area is formed within the Evans Service Area Stormwater Utility, additional
fees, if any, shall be charged over and above the fees stated in this Chapter, 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.
Sec. 16-1-300. Appeals. Any owner who disputes the amount of the stormwater 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 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. 16-1-400. Disposition of fees and charges. The fees and charges paid and collected
by virtue of this Chapter 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. 16-1-410. 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 Evans Service Area Stormwater 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 benefited by the installation
of stormwater facilities within the basin since the development of elevated lands increases the
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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. 16-1-420. Establishment of Stormwater Basins. The stormwater map which is on file
with the City of Evans delineating the boundaries of the stormwater basin in the Evans Service
Area Stormwater Utility and in the City of Evans 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 Evans Service Area Stormwater
Utility, but such map may be revised from time to time to conform with existing conditions.
Sec. 16-1-430. Comprehensive Study.
A. The City of Evan's most current Comprehensive Drainage Study is hereby adopted by
reference and declared to be a part of this Chapter.
B. The Comprehensive Drainage Study is on file in the office of the City Clerk of the City of
Evans. The City of Evans may adopt additional master drainage plans by reference and
declare them to be a part of this Chapter 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 City of Evans.
Sec. 16-1-440. 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
owners 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 Evans. 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 when approved.
Sec. 16-1-450. County to Maintain Stormwater Facilities; Exception. The City of Evans
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 been designed and constructed expressly for
use by the general public. Such public stormwater facilities do not include facilities not
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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
Sec. 16-2-10. Boundaries of Service Area Stormwater 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 FIPS Code Number 34786 and lying adjacent and
contiguous 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 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. 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 16-2-20 of this Code.
Div. 2. General Provisions
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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Sec. 16-2-110. 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 Greeley Service Area
Stormwater Utility, including areas to be subdivided and developed, in order that storm and
surface waters may be properly drained and controlled, pollution may be reduced and the
environment enhanced and that the health, property, safety and welfare of the Greeley Service
Area Stormwater Utility and its inhabitants may be safeguarded and protected.
Sec. 16-2-130. Definitions. The following words, terms and phrases, when used in this
Chapter, 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 City of Greeley or
the designated representative of such Director of Public Works/Planning of the City of Greeley.
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 city 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 floodplains 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.
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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.
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 Chapter
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
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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. 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 Environments, Colorado Discharge Permit System ("CPDS"), and which the
Director has approved the discharge thereof.
Sec. 16-2-140. Administration to be by Director. The administration of the provisions of this
Chapter is hereby vested in and shall be exercised by the Director, pursuant to the
Intergovernmental Agreement referred to in Section 16-2-30 of this Code, who may prescribe
forms and rules and regulations in conformity with this Chapter or for the ascertainment,
computation and collection of the fees and charges imposed in this Chapter and for the proper
administration and enforcement. The Director may delegate the administration of this Chapter
or any part thereof, subject to the limitations of the Charter and Code to duly qualified deputies
and agents of the Director.
Sec. 16-2-150. Establishment of Greeley 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 Greeley Service Area
Stormwater Utility, with the following rules applying thereto:
A. The territory to be included in the Utility are identified in Section 16-2-10 of this
Code.
B. 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 all
state and local governments.
E. 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. seq., C.R.S. and Section 37-45.1-101, et. seq., C.R.S.,
respectively.
F. The Utility shall assess fee in accordance with the fees established pursuant to
Division 3, below.
G. 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.
H. The Board of County Commissioners shall be the governing board of the Utility.
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Div. 3. Fees
Sec. 16-2-200. Fees - - Developments Inside Greeley 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 Greeley
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 16-2-30 of this Code.
Sec. 16-2-210. Stormwater Basin Fees.
A. After receiving a report from the City of Greeley Water and Sewer Board on a particular
stormwater basin within the Greeley 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
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. 16-2-220. Stormwater Utility Fee. There is hereby imposed on each and every lot or
parcel of land within the Greeley Service Area Stormwater Utility and the owners thereof a
stormwater utility fee as shown in Appendix 16-D to this Chapter. This fee is deemed
reasonable and is necessary to pay for the operation, maintenance, administration and routine
functions of the existing Greeley Service Area Stormwater Utility and City of Greeley
stormwater facilities and the operation, maintenance and administration of such future
stormwater facilities as may be established within the Greeley Service Area Stormwater Utility
and the City of Greeley 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 this fee are
deemed to be in payment for use of the Greeley Service Area Stormwater Utility and the City of
Greeley stormwater system by the real property on and with respect to which the charge is
imposed on the owners.
Sec. 16-2-230. Reestablishment of Stormwater Fees. The Board of County Commissioners
may by resolution change the amount of the stormwater 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
property. After collection of the stormwater basin fee is completed as to particular property, the
amount of the fee shall not be increased.
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Sec. 16-2-240. Billing for Stormwater Utility Fee. The stormwater utility fee shall be billed
and collected with the regularly scheduled utility bill for those lots or parcels of land within the
Greeley Service Area Stormwater Utility, billed and collected separately as stormwater utility
fees for those lots or parcels of land and owners thereof not utilizing other City of Greeley
utilities. All such bills for stormwater utility fees shall be rendered with the regularly scheduled
utility bill by the City of Greeley and shall become due and payable in accordance with the rules
and regulations of the City of Greeley pertaining to the collection of utility fees. The City of
Greeley 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. 16-2-260. Certain Properties Exempt from Stormwater Utility Fee. The stormwater
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. 16-2-270. 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 Chapter or the Code, failure of any user of City of Greeley utilities within the Greeley
Service Area Stormwater Utility to pay the charges promptly when due shall subject such user
to discontinuance of such utility services and the City of Greeley is hereby empowered and
directed to enforce this provision as to any and all delinquent users. The employees of the City
of Greeley shall, at all reasonable times, have access to any premises served by the City of
Greeley for inspection, repair or the enforcement of the provisions of this Chapter.
Sec. 16-2-280. Unpaid Charges to Be a Lien. All fees made pursuant to this Chapter 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 changes of ownership
or occupation shall affect the application of this Chapter and the failure of any owner to learn
that he or she purchased property against which a lien for stormwater 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. 16-2-290. Additional Fees Authorized When. Sections 16-2-200 and 16-2-210 of this
Code establish the basic drainage fees for all undeveloped areas within the Greeley Service
Area Stormwater Utility. The Board of County Commissioners may by resolution determine, as
each subdivision or area is formed within the Greeley Service Area Stormwater Utility, that
additional fees, if any, shall be charged over and above the fees stated in this Chapter, which
shall be based upon the actual or estimated increase costs above such stated fees in the
drainage requirements for the district or area and/or upon the existing overall drainage system.
Sec. 16-2-300. Appeals. Any owner who disputes the amount of the stormwater 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 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.
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Div. 4. Miscellaneous Provisions
Sec. 16-2-400. Disposition of fees and charges. The fees and charges paid and collected
by virtue of this Chapter 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. 16-2-410. 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 Greeley Service Area Stormwater 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. 16-2-420. Establishment of Stormwater Basins. The stormwater map which is on file
with the City of Greeley delineating the boundaries of the stormwater basin in the Greeley
Service Area Stormwater Utility and in the City of Greeley 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 Greeley Service Area
Stormwater Utility, but such map may be revised from time to time to conform with existing
conditions.
Sec. 16-2-430. Comprehensive Study.
A. The City of Greeley's most current Comprehensive Drainage Study is hereby adopted
by reference and declared to be a part of this Chapter.
B. The Comprehensive Drainage Study is on file in the office of the City Clerk of the City of
Greeley. The City of Greeley may adopt additional master drainage plans by reference
and declare them to be a part of this Chapter 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
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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 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 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 been 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.
Sec. 16-2-460. Flood insurance. Floods from stormwater runoff may occasionally occur
which exceed the capacity of stormwater facilities constructed and maintained by funds
available for the 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.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub-sections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
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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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