HomeMy WebLinkAbout20030965.tiff •
NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2003-2 was introduced
on first reading on February 3, 2003, and a public hearing and second reading was held on
February 24, 2003. A public hearing and final reading was completed on March 17, 2003, with
no change being made to the text of said Ordinance, and on motion duly made and seconded,
was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru
Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
ORDINANCE NO. 2003-2
ORDINANCE TITLE: IN THE MATTER OF ENACTING CHAPTER 8 PUBLIC WORKS,
ARTICLE VII STORMWATER MANAGEMENT PROGRAMS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: April 3, 2003
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 21, 2003
PUBLISHED: March 27, 2003, in the South Weld Sun
DED,;T003-
2003-0965
•
STATE OF COLORADO)
)s.s. NOTICE OF
COUNTY OF WELD ) FINAORDINANL OF
Ruth Pelton-Roby, manager of Pelton PCoif*m e " Weld
Y, g uigy Home Rub Cheap.
Publishing Company LLC, being duly Ordinance Number 20x3-2
was introduced on first
sworn, states that it is publisher of the reading on February 3,
South Weld Sun, a weekly newspaper 2003.and a public hearing
and second reading was
published in Keenesburg in said County held on February 24,2003.
A public hearing and final
and State; that said newspaper has a reading was completed on
general circulation in said County and has March IT 2003, with no
change being made to the
been continuously and uninterruptedly text of said Ordinance,and.
ublished therein, durin period of at on motion duly made and
P 9 a seconded, was adopted.
least fifty-two consecutive weeks prior to Effective date of said
is
the first publication of the annexed notice; Ordinance 1N"°°el°w'
that said newspaper is a newspaper Any backup material,
exhibits or information
within the meaning of the act of the previously admitted to the
General Assembly of the State of Board of County
oi ersconceming
Colorado, entitled "An Act to regulate the this matter may be
printing of legal notices and exam ii in me Wine' of
advertisements" and amendments the CNIk to the Board of
Couay Commissioners,
thereto; that the notice of which the located Intl*Weld County
annexed is a printed copy taken from said 10th� Third° °m,
newspaper, was published in said Gr•ef•y. Colorado,
betaeerl the hours w ebb
newspaper, and in the regular and entire a.m. and e:00 p.m..
issue of every number thereof, once a .sore through i the
week for I successive weeks; that Weld Camay Web Fage
(wwwsaid notice was so published in said Iwnnn "sagessnt E
rneeesCo sera to h
newspaper proper and not in any a NW Couded in e
supplement thereof, and that the first may not be TA ensure
publication of said notice as aforesaid, industal 0 your EMW
was on the a,7 day of case lee, please sent rrespondence trito a
(nc1c r h 2003, and the last arnmeOCOMOe r o
on the day of , 2003. aEDgANCE NO.2032
ORDINANCE TWLE: IN
THE MATTER OF
PELTON PUBLISHING COMPANY LLC ARTICLE
UENACTING.t WORKS
I
S TORM WAT ER
By
C&c / MANAGEMENT
HE
WELD C TS.Y CODE
uth Pelton-Roby
EFFEDTHE DATE:April 3,
2003
Its: Manager
BOARD OPCOUNTY
COMMISSIONERS .
Subscribed and sworn to before me this WELD COUNTY,
COLORADO
- day of m(t'(f , 2003. GAYER:March 21.2003
PUBLISHED: March 27,
2003. in the SOW Weld
O P Sun
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Notary Publi n
My Commissl n expires: al h10-7
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NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2003-2 was introduced
on first reading on February 3, 2003, and a public hearing and second reading was held on
February 24, 2003, with changes being made as listed below. A public hearing and third
reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915
10th Street, Greeley, Colorado 80631, on March 17, 2003. All persons in any manner
interested in the next reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru
Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
ORDINANCE NO. 2003-2
ORDINANCE TITLE: IN THE MATTER OF ENACTING CHAPTER 8, PUBLIC WORKS,
ARTICLE VII, STORMWATER MANAGEMENT PROGRAMS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: March 17, 2003, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 28, 2003
PUBLISHED: March 6, 2003, in the South Weld Sun
x * * ♦ * • * • * x w ♦ r
CHANGES MADE TO CODE ORDINANCE #2003-2 ON SECOND READING
The Stormwater Management Program was moved to Chapter 8, Public Works, Article VII, and
all municipal stormwater utilities were combined into the same Article to read as follows:
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
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.
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
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.
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.
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
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.
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.
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. 8-7-450. 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. 8-1-460. Flood insurance. Floods from stormwater runoff may occasionally occur which
exceed the capacity of stormwater facilities constructed and maintained by funds available for
the 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.
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.
-a-�" NOTICE OF PUBLIC WORKS Sae. 8-7-3 0. area*, means the duly
1
' SECOND READING OF Intergovernmehtel appointed Directors Pudic
ORDINANCE ARTICLE VII agreements. Pursuant to Works/Planning of the
Stormwater Managemaef Article XIV, Section corresponding municipality
P«auait to the Weld Programs 18(2)(a) and (b) of the - or the designated
County Home RuleCharter, Colorado Constitue°n,and representative of such
OrdiSTATE OF COLORADO) was r1 oduced o 200bet Div.1. Creation 1-20 C. R.ections 1S and
Director of Public
wading on February 3. County and the Towns WorkslPlannirg.
)S.5. 2003,and a public hating S°'Swam
Area
Creation ormwa of Erie,the City a Evan and Stormwater System
Senlea Area Sormwalar MW H
COUNTY OF WELD ) and on Feb raiding well of
and designation the Town of LaSalle means all stormwator
e
held on February 24,2003, a ea TheresMN (colleeeley),and the Ced taeYlDes identified in the
with Changes being rr@ea be created municipal or Greeley. have entered master drainage plan that
Ruth Pelton-Roby, as manager of Pelton ee baled below. A pit° atormwater utility soma into,or intend to enter into. faciMaethe conveyance of
hewing end third 0 areas lying within Josthe Intergovernmental stemmata runoff on a
Publishing Company LLC, being duly scheduled tote t aMrc°m«atea portiannt Agreements for Joint basin-wide or regional
sworn, states that it is publisher of the Chambers of f�' n; Wad Qountyt and ad)ean EMoreements9tormwar basis.
First Floor Hearing)llwn, Management Programs,to
South Weld Sun, a weekly newspaper 915 10th Street Greasy, 'and cdmlgwusrm me develop. implement and Minor Stormwater System
Colorado 80631,on March muncipalbourdariesMe@ perform the stormwar means all stormweter
published in Keenesburg in said County 17,2003. All person in Town of Erie.the City of management programs facilities used for the
and State; that said er news a has a are manner interested in Evans and the Town of Le listed in Section 8-7-20 of conveyance. corbel, or
newspaper ate next reading of said Sale(collectively),and the this code. storage of storm rum*of
general circulation in said County and has Ordinance are requested to city of Greeley,Calorbo. local benefit only. These
been continuously and uninterruptedly attend and may be heard. Such mun.cipaibea are wv.2. General Provisi«u facilities' generally direct
P Yreferred to in is Article as slam runoff to myor
published therein, during a period of at Please contact the Clerk to the 'corresponding Sec.9-7-100. Short title stormwnr systems.
the Board's Office atRhone municipality' The authority and application.
least fifty-two consecutive weeks prior to (WO)338-1215.ExtNnion boundaries of the Erie Non-Stormwater Runoff
the first publication of the annexed notice; e 2 2 5, or fax Service Area Stormwater A. Title. This Article shall means flow arising from
(970)352-0212,prior to the Utility are identified at be known and may be cited man-induced activities
that said newspaper is a newspaper day of the hearing it as Appendix 8-E to this asths'Stormwater Utilities including.but not Dorian to,
result of a disability, you Chapter as being those Management 'Pro rams industrial processes,
within the meaning of the act of the require reasonable I areas lying adj M and 1 Ordinance. Programs
1 domestic o irrigation,
nda
General Assembly of the State of to odpa in order contiguous ofthe Tooth al subs and groundwater
to iparticipate in this boundaries.The b u the Towns of Authority. The Board wells and municipal water
Colorado, entitled "An Act to regulate the hearing.. Erie. boundahasoHl@ of County Commissioners
supply systems.
printing of legal notices and reaEvans/LaSalle ar/ e Service has the to adopt
p g g e backup material. Amafed at App Apptyendix
am the rsua codified On-site Detention means
advertisements" and amendments exhibits rei or information d anntAppntix 8-3 6F Cone pursuant to the isn of froanwacn
previously Submitted Courtly
to the and Appendix to eke Cspratl°.Constitution and is not part a major
thereto; that the notice of which the Board °i Courtly Chapter as being those stile statutes. stormwater system, and
annexed is a printed copy taken from said Commisalonarsconcerning was lying within M which is sized for the
this matter may be - C. Apph°aion' This
pore[ed Portions 11 AMde shall apply b M benefitaspecifiedelbulery
newspaper, was published in said examined in the office Weld County and adjacent landswilhinunindorpaaMe area.pan or all of which is
newspaper, and in the regular and entire the Clerk to the Board of and contiguous o n» n o•Went Cuuty being subdivided. Such
County Commissioners, rnutcipalnoundaMisTCttn Iona° on-site detention shed be
issue of eV number thereof, once a located in the Weld County City s Evans and the Town +alp corresponding
ry Centennial Center. 915 of LaSalle.Theboundariec municipal .7-ID listed in located Mminan easement
week for successive weeks; that 10th Street, Third Floor, a the Greeley Service Arne sec0°^ 67-10 of this
ecf„°epell Icaey rot e
said notice was so published in said Greeley, Colorado, Stormwater Utility are Code, according to tie
boundaries delineated corresponding municipality
between the hours a 8:00 identified at Appendix 8-H for drainage purposes.
newspaper proper and not in any a.m. and 5:00 p.m.. to this Chapter as lying therein.
supplement thereof, and that the first Monday th uFriday,or may witlen the unincorporated Swill-7-110. Declaration Storm wet ter Facilities
be accessed through the Patens of Weld Count' The BOMB al
any one(1)or more
publication of said notice aforesaid, Weld County Web Page and ad acent and of purpose
) County Commissioners a of various devices used in
(awl messages .us). ' E- coMgwus o the municipal to collection,treatment,or
was on the _ _dal of Weld County finds,
y Mail messages sent to er boundaries of me City o, disposition of storm.flood
/� 1 individual Commissioner Greeley. Such Service determines, and declare
1, \!'�.1r"c.b 2003, and the last that it is necessary to «sauce drainage wars.
mwr
may not be included in the Area Stormwater Utilitiesincluding manmade
case file. To ensure are referred to in this Article provide st dm5.oe Structures and natural
on the day ofcorrespondence
inclusion of your E-Mail as the "corresponding facilities for the are °u «flood
2003. correspondence into the municipalutility:" and control of flood end Mart'«�.�
case file. Please send a corresponding rface wan within the ofanmN.such asdaSton
c o P Y t ° Sec.B-7-20. Efficient n we
tility muYscipal
chatting O co.web.co.us. of powers. 8 is the utility created Main, w area,aellas.
PELT PUBLISHING COMPANY LLC objective of the Board of including areas ID be awele8, ire►revel
ORDINANCE N0.2003-2 subdivided and developed.
County C bodies
oftnd watercourses, gllelerela.
•
la
in order that sore and
By lnl /l -`rte ORDINANCE TITLE: IN the governing Doilies elite bridges, pe ,
JSXLL�'����v' surface waters met be gullies, Buses,
THE MATTER OF municipalities listed in riven.
Section a-7-10 of this ' Properly drained and cusses gutter.,Puffs K
Ruth Pelton-Roby • ENACTING CHAPTER 8, Code, to make the most controlled,pollutionmay be strong, pipes. deal t
PUBLIC WORKS, efficient use Other powers reduced,the environment sipnns, catch backs.
ARTICLE VII , by jointly implementing and ent@nced• and that the iMa.and°tlereeugwt
Its: Manager STORMWATER performing six (6) Math,property,safety and end spouts d^Cea and eN
MANAGEMENT sormwater management welfare search utilities Bz1Mnions.improvements,
PROGRAMS. OF THE their inhabitants may be remodeling,addition and
programs, or minimum uardedand protected. �.
Subscribed and sworn to before me this WELD COUNTY CODE meesures, hose be rig the ealK andretiohatMres;andsin
following: ate all rio^ti or interests in
DATE OF NEXT See 67-130. Definitions. such.tomsater bones.
n I READING: March 17,
A. Public education and
The following words,terms,
C day of I 1,/�aAI , 2003. 2003,at 9:00 a.m. outreach. and phrases,when used in Sronnwefer Runoff means
this Article,shall have the
that penal snowfall,rainfall
BOARD OF COUNTY meanings ascnbedo them or other sormwaer which
8 . P u b I. i c in this section: is rotabsomed.transpired.
COMMISSIONERS panicipatioNi^volvemenl.
:! ✓ � an
h� , /i WELD COUNTY, ConMminafedwatermeanvt evaporated or in
/ lI��TT .LV COLORADOsurface depressions. and
C. Illicit discharge Net water which contains whichthen flows controlled
Not ryPubllc detection and elimination. constituents at into a
DATED:February 28,2003 concentrations whichcould or ralDontraged
My Commissio texpiigS: Ill/rj7 PUBLISHED: March 6, D. Construction site e.°ee directlyprindiresy, caw°0 ° body a
� � ' rrp, 2003, in the South Weld srormwaterninon control. water.
`-/ 5`!;`� impairment of human
..0.
4! i�i_ Sun health or the environment
E. Post-construction
O '�"'` 7 %, """""""""' and which would not tie
stormwater management.
®fr CHANGES MADE TO present in such
• CODE ORDINANCE c°nceMretions ins nearer
'i,...4O:1,, ,r(/� , F . Pollution .tit.. This includes any
READING 2 ON SECOND prevention/good
water contaminated from
-F. touwkeepingler municipal industrial processes. land
The Stormwater equations.
�I`ri. ,y . Management Program was are other ,man-induced
ment
-• U� - moved to Chapter B.Public or otter
-9T; i Works.Article VII,and an practices.
municipal aormwater
OF cat-,,:‘‘ tla a were combined into
w+/ry,„, .,hys0the oe AND@ to read as
a
estimate Manna end of snore 30.20-401:W of cdleceng the fees shag All etchbills forstormwater
am'such thine WWI fe seq.,C.R.S.,and Sections be established
by tine utility fees be
deemed as Only ore (1) 37-45.1-101, et.' seq., resolution.. rendered shall regularly
inkiest C.R.S., respecfvey, the
Board of County B.Thecounty may
scheduled utility bill by to
- N. WNW Scretedbyte Conyniasioners hereby they the conespondinp munlGpelg
combination Of contiguous establishes the Erie eri of s and shell become due and
area of land into one(1) Service Area Stormwater stormwater ssivancen ten apayable _ __
afar parcel. H to Utility. Evans/LaSalle conbNonof iseuande ifo 0e ruin and nk d
resulting parcel is less thanfull building permit,or if no reB
w^OService Area Gr Smrmwahr building permit is requof the .corresponding
Wthirst-five
e. n Only
one end in tend Area and Greeley Service upon commencement of the colpali y Pertaining to
aha,oray one(1)interest Area Stormy-rater UfiuM• CO natructi°n. The the collection of ualgfees,
m said land fill be with the following hap stormwater basin fee shall The corresponding
paned. If the resulting applying thereto: - dbe e payable at any time as municipality shall place all
pemel is greater land
determined by the Board of such fees collected into its
five(36)ares in area, A. The territory to be County Commissioners stoma drainage fund mM
such land area,divided by included in each after the approval of the deposited and separately
the number of interests in colresponding municipal plat of a subdivision or,in kept as a fund to be used
0e resulting parcel,mist utility are delineated in the caw of unplatted only for the purposes
Mat in Marty-five(35)on Section 6-7-10 of this property, upon the sated herein.
more acres per interest. Code. issuance of a building
Easements and rigors-d- permitSec. 8-7'250. Catlin
way shall not be B. Each corresponding properties exempt from
consideM interests. municipal utility shall be C Any fees not otherwise stomata utility Set
established as a division collected may he collected The corresponding
I. Which is crated by a within the Department of through special municipal utility fee ehee
contract concerning the Finance and tl not be collected in
Subdivider ip Developer as*«aments levied ins
sale of land which is e Administration. conrecbonwithery Cdasy
meats any person, tent, local assessment district
contingent upon the dreg road or alley.oany
partnership,or co poratre, created pursuant to State
eves-Mon,pea cpoesas purchaser's ubdi ii ge. C. Each corresponding fu law. 'Such fee tub . rear0ed nyldfor tea alf wage
who dull prompt as pursuant to aubce itle, municipal utility's funds established by resolution. exclusively for trackage
owner, promoter, PureuantmMus Article and shall be kept separate from and related safety
developer.orsalasagertin any applicable County all other County funds. Sec.8-7-220.Stormwater appurtenances.
the planning, platting, regulations,the land which utility M.There is hereby See. 8-7-2 7 0.
avelapment Promotion the purchaser ism acquire D. Each corresponding imposed oneach andevery
sale or lease of, a pursuant to the contract municipal utility shall not lot or parcel of land canon Enforcement Any Berge
sale^, receive more than ten and upon the owners due hereunder,which shall
J. Which is created by percent of its total revenue thereof a stormwater utility not be Paid when due,may
Subdivision or Subdivided agreement to resolve from all state and local ' fee as shown in Appendix be recovered in an Neon
of uncertainty, doubt or
Land mans any parcel governments. 8-1 forte ErieService Area at law. In addition to saw
lend in the Cowgwhich is conflict regarding a Stormwater Utility. . other remedies or penalties
to be used for common boundary. A E. The Board of County Appendix BJ for the provided by this Aifdeor
oondoeldums,apartments boundary may be Commissioners may,from Evans/LaSalle Service the Code, failure of any
or wry other multiple- determined and time to sore,issue revenue. Area Stormwater Utility, user of corresponding
deeming units,uesas such permanentyeslablished by bonds by pledging the and Appendix 8-I(to this municipakys utilities within
land when previously written agreement dull revenues from each Article for the Greeley its utility boundanes to pay
subdivided was parties effected. The corresponding municipal Service Area Stormwater the charges promptly when
accompanied by a fling agreement must be signed utility, in accordance with Utility. Such fees are due shall subject such user
which complied with these andackhowledged by each Sections 30-20-401, et. deemed reasonable and to discontinuance of such
provisions and with property owner as required seq.,C.R.S.and Sections necessary to pay for the utility services and the
substantially die same for conveyance of Mt 37-45.1-101, et. seq., operation, maintenance, corresponding municipality
dsneey,orwhich is divided estate. The agreement C.R.S.,respectively. adminstraton and routine is hereby empowered and
into So (2) or more must be accompanied by a functions of the existing the directed to enforce this
parcels separate plat showing the resolution F. Eacn corresponding utility and is corresponding provision as to any ands
or interests in common, of the boundary in municipal utility shall municipality's stormwater delinquent users. The
unless exempted underthe question. The plat and assess in accordance facilities and the opeabon, employees of the
following subsections. agreement shall be with the fees established maintenance and corresponding municipality
recorded as an instrument pursuant to Division 3, administration of such shall, at all reasonable
Interact shall sts in any affecting real estate, and any
and all interests in the below. future stormwater facilities times,heve access to
sWazeofland buaextlutle shall be binding upon heirs, as may be established premises served by the
G. Each corresponding
any or all of the following sueeeswrs and ensigns. within the ding and its for
corresponding municipality
municipal utility has no corresponding municipality f inspection,repair,rufe
subsurface interests. authority to enter into any
The Board of County and to pay for the design, enforcement of the
Commissioners may, contract or receive asy right-of-way aWutsitton and provisions of this Article.
A. Which Wean parcels funds which would impair
o land.a1Cr that the land pursuant m rules and tte status es an enterprise construction or
regulations or by reconstruction of major and Sec. 8-7-280. Unpaid
area of w d en the parcels. for exempt from for purpose of Article minor stormwater facilities charges to be a Iles All
when divided by the Section 20 0t.thea
number d interests in arty this definition of ub terms Constitutionload of the Sea of to the' extent that such lea made pursuant to this
such parch results re subdivision andsuodivided Colorado. costs have been Athe leShal a a lien upon
thirty-live (35) or more land any division of land if determined to be the the property to which such
it determines that such responsibility of developed fee is associated from the
acres per interest. division is not within the M. The Board of County properties. All of the date the lee becomes due
purposes of this definition. theCo go aionere shall be
B. Which proceeds of such tea are until such fee is paid. The
coup beeMted the go board d
try arty court in the State each corresponding deemed to be in payment owner of record of every
pursuant to the law of Suitable Treatment means municipal uNlg, for use of the utility and its building, premises, lot or
that treatment process corresponding house shall be obligated to
eminent domain, by
authorized by .and Fees municipality's sterilisers( pay the fee for all service
Operation of law Orley order ps•3
d any court in this State a undertaken pursuant to an system by the real property provided for the premises
the Bard of County appropriate permits) to Sec. 8-7'250 Fps - - on and with respect to which obligation may be
• discharge treated water which the charge is enforced by the County by
Cornraiaelorere is given Developments inside For
timely notice of and such under the State of corresponding utility.For imposed upon the owners. action at law orsuit to -
Colorado. Department of enforce the lien. In the
posing actionby Mecourtthe purpose of providing
gel opportunity Public Health and Sec. 8-7.230. Case Mat a Condit in
arm en 0 m storm BeWB present one
Environment, 'Colorado Reestablishment of possession of any
join ass aft in interest in sewer ns to present storm
sunk proceeding tor. the Discharge Permit System systems, each stormwater hip. The premises or buildings shell
purposed raising ('CPDS'), and which the builder or developer of an Board of County pay the charges, it 5011
Commissioners may, by relieve the leather(fromof evasion prior to arty of Director has approved the undeveloped lot Extraction
resolution, change the such Obligation and Ion,
the court order:and,if the, discharge thereof. thereof, inside the
Board of County corresponding municipal amount of the but the County shall not be
Commissioners does not Sec. 8-7-140. utility shall pay fees as corresponding municipal required to look to any
file an appropriate pleading Administration to be by adopted by resolution of utility or basin lees for a person whatsoever other
within'twenty (20) days Director. The the Board of County stormwater basin based than the owner for the
upon revised estimates of payment of such charges.
after receipt of such notice administration of the .Commissioners of Weld
by the court such provisions of this Article i County and collected by the cost of installing No change of ownership or
rt, then
facilities in the basin. Any occupation shall enact the
action may proceed before hereby vested in and shall the Director, pursuant to
the count be exercised by the the intergovernmental change in the amount of application of this Article
the stormwater basin lee and the failure of any owner
Director, pursuant to the agreement referred to in
shall heeffeebve only ism to learn Mal he wn she
C. Which is created by a intergovernmental Section 8-7-30 of this
lien, Mortgage, deed of agreement referred to in Code. properties in a stormwater purchased property against
basin which have not paid which alien for
trust or any other security Section B-7-30 of this
in full the stormwater basin corresponding municipal
instruments. Code,who may prescribe Sec.8-7-210. Stormater
forms and rules and basin/sae. fee assessed against the utility fees exists shall in no
D. Which is crated by a regulations in conformity property.Ahewollpctiond way alfectthemsponsibiliry
security or unit of interest in with this Article or for the A, After reserving a report the stormwater basin is for such payment Any
any investment trust ascertainment, from the corresponding completed as to Particular delinquent amount may be
regulated under the laws of computation,and collection municipality on a particular property,the amount of the enforced by assessment
the Sate or any other of the tees and charges. stormwater basin within its fee shall not be increased. upon the property and
interest in an investment imposed in this Article and utility,the Board of County premises servdd end
entity. for the proper Commissioners may Sec.B-7-240. Billing for certification to the County
administration and establish by resolution. stormwater utility tee. Treasurer for collection
E.Whichcreatescemetery enforcement- The Director stormater tees to be paid The corresponding pursuant to Sate law.
lots. may" delegate the by the owners of property in municipal Wliryfeeshall be
administration of this billed andcollectedwiththe
F. Which creates an such ormwater bshall regularly scheduled utility See.Beunr AdewhMI
Artijec or sg part thns of Such smlmwefeGa sitetit tees wBy.200 when.
water
which is s.sevminered
s the subject to the nd limitations of be established in e amounts bill those lots or parcels sections21this Loge and 8ish
or c hp the Change and Coda,and funds, prontely Coof land gw municipal
the the of this a establish
for
from the surface Ownership agents of lied deputies funds, proportionately dd uorapOnding mollcted the Dusk drainage foss for
of real property, ems of the Directorutility,ep billed and collected allwithin undeveloped areas
toagents calculated and assessed, se ate as smrmater
G. Which is created by thew construct the facilities utility lees tor those lots or sun the colt. The
Sec. II o-15i . the as m be installed municipal utility. The
land in acquisition me oft in thee
ra earMntdservfea in f the basin. The amount therels°f land and owneer Board iofo County
land In an Mme of a yeeidoro provi ions a the fees assessed thereof not utilizing other Commissioners may
husband and Wit Or filler Pursuant m the Provisbre utilities of the eathmiM,by Moluare as
persons in joint tenancy or a g p rt et and the method corspandbg muntciPddy.
properties the tech subdivision or area is
+ • for mid within the ' which BAY WA be mete eppoval of the same,the
ppreappeeeesi edgy adequate stormwater plat el the subdivision or
whey,that amisonaliess, faeiaes We hastened--intfe the building permit if
it any. shed be charged • stormwater basin. To the applicable, may be
over and above the fees' extent possible. the approved subject to the
slaw'atlas Miele,which charges assessed against County's being furnished
arses be based upon the '• lands in a stormwater basin with acceptable assurance
actual or estimated for construction of that such facilities will be
incased coats above stomwaterfecllitiessheuid constructed and IMWe,
seals stated fees in the take into account the as indicated approved.
drainage regYmnerae for amount of stormwater
the deblmt or area anNar which will run off such Sec.54.450. County to
upon the existing overall lands atterbay have been maintain stormwater
drayage sysem developed. facilities;exception. The
corresponding municipality
see. 8-7aug. Appeals, Sec 8-7-4 2 0. shall maintain ea sesselse
Any aver wit disputes Este bl lsh ment of public stormwearf eta
the amount of the stormwater basins. The located within the
caaeponding municipal stormwater map which is c 0 r r e a p o n d i n 9
tasry fee or the sdmwfaer on file with the municipality's craned lent
bashes fee.made against corresponding municipality its rights-of-way and
such owner's property,or delineating the boundaries easements and may
who disputes any el the stormwater basin in maintain other esweed
meenvinafion made bye aconespanding municipal public stormwater Sillies
on behalf of the utility and in the hard within or aliment
municipal corresponding municipality
corresponding Pal- to the cortespendlni
Say pursuant to and by let anti hereby is,etlopte0. municipality., The Dewily The Dewi
the gummy of this Article, Such map may also ' pt1bllmalneinla,s tae
miry petition the Board of indicate existing locted wwetnr tadw4
County Commissioners,in development of propaien located within taw/
accordance with the within the basin,zoning of owned Ian&County rylla►
appeals pmceesdersedln properties and such other of-way and County
Section 2-4-10 of he information as may be easements. Such oda
Code. deermledtobeadvisebb' facilities include those
Such map be,and hereby facilities which have been
Dir.A Miscellaneous -is.the official designation designed and const cted
Provisions of the 'respective expressly for use by the
stormwater basins of the general public.Suchpublic
Bic B-7-400. Dispositioncorresponding municipal storrmwater facilities do not
stems and eharyes. The utility,but such map may include facilities not
fees wschargespeid and be revised from time to accepted by the
virtue of this time to conform with
colletedaleel by existing conditions. correspondingmunicipality
genesalllrotbeusederor Counyen maintenance.
general or other for punp08by theK season
purpoeeemalor proprietary - 8 e e. - 8-.7-a 3 0. yon use by tae general
purposes cl the County, Comprehensive eartly. public' means direct use
except to pay for the • - and benefit of the general
equifsYeahareolbecOsis -A. The corresponding public.
Of accounting. municipality's most current
m a n•••m e nit and comprehensive drainage See. 8-1-480, Fleet
govermnentthareot.Other study is hereby adopted by Insurance Floods from
tan as described above, reference and declared to stormwater runoff may
the fees and charges shall be a partof this Article. occasionally occur which,
be used solely to pay for exceed the capacity el
the can el opamton' B. The comprehensive stormwater facilities
repair, maintenance. drainage study is on file in conabucedandmaintained•
improvements, renewal, the office of Ow city clerk of by tads wawa,for to
replacement . the corresponding corresponding municipal
reconstruction, design, municipality. The utility. The provisions of
right-d-vmyacqueNonand -corresponding municipality this Alice do uhimpy that
construction of public may adopt additional propertyJebe for the Ines
stormwater facilities and ' master drainage pions by end changes established
costs incidental thereto-if referenceand declaretem pursuant to this Artcle will
there are amount in the to ba a pan'of this Anliels always be free from
fund in excess of the and copies of such master stormwaterflo0dino orfeod
amount required to satisfy drainage plans shall be WI damage.The provisions of
the purposed tatted.the file in the office of said city tesAnficledo not pufportto
Board of County cent. The plans may be reduce to need or the
Commissioners may by modified by the Director,tor necessity 10 the owner
ordinance or resolution the sole purpose of obtaining flood insurance.
authorize to transfer Of enhancing such plan,
suchexceseamountto any provided that such • B E IT
other fund of the County. enhancement does -rot—FURTHER ORDA8sED by
diminish the general he Board that he Clem to
Sec }7-410. Property purpose and specific the hoard ye,and hereby
owners to provide objectives of the adopted is,directed to arrange for
el rie faclmes.The Wan and does not diminish ' Colorado Code Publishing
Board .of County the ability of the plan to to supplement the Weld
Commissioners further address the disposition of County Code with the
finds, d terminus and stormwater runoff in the amendments contained
declares under all applicable basin, and it herein, to coincide with
Mandate circumstances modified,tic modifications ' chapters, articles,
that the owners of property shall be med in to office"' divisions, sections. and
within stormwater basins in the city clerk of the sub-sections as they
the corresponding sarespondingmuniciPasyi currently exist within said
municipal utility,shoji-, Code;and to resolve any
provide the stormwater ' Sec.5-7-440.Stormwaer inconsistencies regarding
facilities necessary for the facilibas required for capitalization, grammar,
drainage and control of divisions of land. Prior to and numbering or
flood and striate waters hefinal approval olhe pat placement of chapters.
witin stormwater basins of any subdivision,or prior articles,divisions.actions,
and should provide the to commencement of and sub-sections in sand
facilities reguiredto convey construction upon anflotor• Coda
such waters from the parcel of land for which a
feffllnater basin to major drainage report and BE IT
Wakags ways. Therefore, construction plan for the ' FURTHER ORDAINED by
the cost of installing installation of stormwater the Board if any section,.
stormwater facilities in a Weed" ties not been subsection, paragraph.
stormwater basin shoos be Prepared and approved by sentence.clause,or phrase
assessed, in whole or in the Director,the owners of of this Ordnance is for any
part,against the lands in the property being reason held or decided-to
the roommate(basin The subdivided or upon which be uronsstiAohal, alas
Board of County construction is being• decision stall not Matteis
Commissioners further commenced shall,at such validity of the remaining
finds, determines, end owner's cost prepare a portions hereof.The Dowd
declares that all real detailed drainage report of County Commissioners
property within a and conshttiOn plans for hereby .decants that a
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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 Storm Water Management Programs, Article I Evans
Service Area Storm Water Utility, of the Weld County Code be, and hereby is, enacted to read as
follows.
CHAPTER 16
STORM WATER MANAGEMENT PROGRAMS
ARTICLE I
Evans Service Area Storm Water Utility
Div. 1. Findings
Sec. 16-1-10. Boundaries of Service Area Storm Water Utility. The boundaries of the
Evans Service Area Storm Water 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) Storm Water
management programs, or minimum measures, as follows:
A. Public education and outreach.
B. Public participation/involvement.
C. Illicit discharge detection and elimination.
D. Construction site Storm Water runoff control.
E. Post-construction Storm Water 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 Storm Water Management Programs, to
develop, implement and perform the six (6) Storm Water 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 Storm
Water 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 Storm Water 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 Storm Water facilities for
the drainage and control of flood and surface waters within the Evans Service Area Storm
Water 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 Storm
Water 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 Storm Water System means all Storm Water facilities identified in the master drainage
plan that facilitate the conveyance of Storm Water runoff on a basin-wide or regional basis.
Minor Storm Water System means all Storm Water facilities used for the conveyance, control or
storage of storm runoff of local benefit only. These facilities generally direct storm runoff to
major Storm Water systems.
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 Storm Water detention which is not part of a major Storm Water
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 Storm Water facilities.
Storm Water Runoff means that part of snowfall, rainfall or other Storm Water 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.
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.
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.
Sec. 16-1-150. Establishment of Evans Service Area Storm Water 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
Storm Water 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 Storm Water 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 Storm Water 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. Storm Water Basin Fees.
A. After receiving a report from the City of Evans Water and Sewer Board on a particular
Storm Water basin within the Evans Service Area Storm Water Utility, the Board of
County Commissioners may establish by resolution, Storm Water fees to be paid by the
owners of property in such Storm Water basin. Such Storm Water 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 Storm Water basin fees as a condition of
issuance of a full building permit, or if no building permit is required, upon
commencement of construction. The Storm Water 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. Storm Water Utility Fee. There is hereby imposed on each and every lot or
parcel of land within the Evans Service Area Storm Water Utility and the owners thereof a
Storm Water 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 Storm Water Utility and City of Evans Storm Water
facilities and the operation, maintenance and administration of such future Storm Water
facilities as may be established within the Evans Service Area Storm Water Utility and the City
of Evans and to pay for the design, right-of-way acquisition and construction or reconstruction
of major and minor Storm Water 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 Storm Water Utility and the City of Evans Storm
Water system by the real property on and with respect to which the charge is imposed on the
owners.
Sec. 16-1-230. Reestablishment of Storm Water Fees. The Board of County
Commissioners may by resolution change the amount of the Storm Water utility or basin fees
for a Storm Water basin based upon revised estimates of the cost of installing facilities in the
basin. Any change in the amount of the Storm Water basin fee shall be effective only as to
properties in a Storm Water basin which have not paid in full the Storm Water basin fee
assessed against the property. After collection of the Storm Water basin fee is completed as
to a particular property, the amount of the fee shall not be increased.
Sec. 16-1-240. Billing for Storm Water Utility Fee. The Storm Water 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 Storm Water Utility, billed and collected separately as Storm Water utility
fees for those lots or parcels of land and owners thereof not utilizing other City of Evans utilities.
All such bills for Storm Water 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 Storm Water Utility Fee. The Storm Water
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 Storm Water 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.
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 Storm Water 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
Storm Water Utility. The Board of County Commissioners may by resolution determine that, as
each subdivision or area is formed within the Evans Service Area Storm Water 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 Storm Water utility fee or
the Storm Water 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. 16-1400. 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
Storm Water 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. 16-1410. Property Owners to Provide Storm Water Facilities. The Board of County
Commissioners further finds, determines and declares under all attendant circumstances that
the owners of property within Storm Water basins in the Evans Service Area Storm Water Utility
should provide the Storm Water facilities necessary for the drainage and control of flood and
surface waters within Storm Water basins and should provide the facilities required to convey
such waters from the Storm Water basin to major drainage ways. Therefore, the cost of
installing Storm Water facilities in a Storm Water basin should be assessed in whole or in part
against the lands in the Storm Water basin. The Board of County Commissioners further finds,
determines and declares that all real property within a Storm Water basin will be benefitted by
the installation of Storm Water facilities within the basin since the development of elevated
lands increases the runoff of Storm Water from such lands causing increased amounts of
Storm Water 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 Storm Water facilities are installed in the Storm Water basin. To the extent
possible, the charges assessed against lands in a Storm Water basin for construction of Storm
Water facilities should take into account the amount of Storm Water which will run off such
lands after they have been developed.
Sec. 16-1-420. Establishment of Storm Water Basins. The Storm Water map which is on
file with the City of Evans delineating the boundaries of the Storm Water basin in the Evans
Service Area Storm Water 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 Storm Water basins of the Evans Service Area
Storm Water 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 Storm Water 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. Storm Water 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 Storm
Water 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 Storm Water
facilities required for such subdivision or lot, including any off-site facilities required to convey
Storm Water 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 Storm Water Facilities; Exception. The City of Evans
shall maintain all accepted public Storm Water facilities located within City-owned land, City
rights-of-way and City easements and may maintain other accepted public Storm Water
facilities located within or adjacent to the City. The County shall maintain all accepted public
Storm Water 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 Storm Water 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. 16-1-460. Flood insurance. Floods from Storm Water runoff may occasionally occur
which exceed the capacity of Storm Water facilities constructed and maintained by funds
available for the Evans Service Area Storm Water 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 Storm Water 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 Storm Water Utility
Div. 1. Findings
Sec. 16-2-10. Boundaries of Service Area Storm Water Utility. The boundaries of the
Greeley Service Area Storm Water 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) Storm Water
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 Storm Water runoff control.
E. Post-construction Storm Water 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 Storm Water Management Programs, to
develop, implement and perform the six (6) Storm Water 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 Storm
Water 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 Storm Water Utility, according to the
boundaries set forth in Section 16-2-10 of this Code.
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 Storm Water facilities for
the drainage and control of flood and surface waters within the Greeley Service Area Storm
Water 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 Storm
Water 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 Storm Water System means all Storm Water facilities identified in the master drainage
plan that facilitate the conveyance of Storm Water runoff on a basin-wide or regional basis.
Minor Storm Water System means all Storm Water facilities used for the conveyance, control or
storage of storm runoff of local benefit only. These facilities generally direct storm runoff to
major Storm Water systems.
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 Storm Water detention which is not part of a major Storm Water
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.
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 Storm Water facilities.
Storm Water Runoff means that part of snowfall, rainfall or other Storm Water 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 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.
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 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 Storm Water 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 Storm Water 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.
Div. 3. Fees
Sec. 16-2-200. Fees - - Developments Inside Greeley Service Area Storm Water 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 Storm Water 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. Storm Water Basin Fees.
A. After receiving a report from the City of Greeley Water and Sewer Board on a particular
Storm Water basin within the Greeley Service Area Storm Water Utility, the Board of
County Commissioners may establish by resolution, Storm Water fees to be paid by the
owners of property in such Storm Water basin. Such Storm Water 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 Storm Water basin fees as a condition of
issuance of a full building permit, or if no building permit is required, upon
commencement of construction. The Storm Water 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. Storm Water Utility Fee. There is hereby imposed on each and every lot or
parcel of land within the Greeley Service Area Storm Water Utility and the owners thereof a
Storm Water 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 Storm Water Utility and City of Greeley Storm
Water facilities and the operation, maintenance and administration of such future Storm Water
facilities as may be established within the Greeley Service Area Storm Water Utility and the City
of Greeley and to pay for the design, right-of-way acquisition and construction or reconstruction
of major and minor Storm Water 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 Storm Water Utility and the City of Greeley
Storm Water system by the real property on and with respect to which the charge is imposed on
the owners.
Sec. 16-2-230. Reestablishment of Storm Water Fees. The Board of County
Commissioners may by resolution change the amount of the Storm Water utility or basin fees
for a Storm Water basin based upon revised estimates of the cost of installing facilities in the
basin. Any change in the amount of the Storm Water basin fee shall be effective only as to
properties in a Storm Water basin which have not paid in full the Storm Water basin fee
assessed against the property. After collection of the Storm Water basin fee is completed as
to particular property, the amount of the fee shall not be increased.
Sec. 16-2-240. Billing for Storm Water Utility Fee. The Storm Water 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 Storm Water Utility, billed and collected separately as Storm Water
utility fees for those lots or parcels of land and owners thereof not utilizing other City of Greeley
utilities. All such bills for Storm Water 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 Storm Water Utility Fee. The Storm Water
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 Storm Water 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 Storm Water 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 Storm Water Utility. The Board of County Commissioners may by resolution determine,
as each subdivision or area is formed within the Greeley Service Area Storm Water 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 Storm Water utility fee or
the Storm Water 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. 16-2-400. 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
Storm Water 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 Storm Water Facilities. The Board of County
Commissioners further finds, determines and declares under all attendant circumstances that
the owners of property within Storm Water basins in the Greeley Service Area Storm Water
Utility should provide the Storm Water facilities necessary for the drainage and control of flood
and surface waters within Storm Water basins and should provide the facilities required to
convey such waters from the Storm Water basin to major drainage ways. Therefore, the cost of
installing Storm Water facilities in a Storm Water basin should be assessed in whole or in part
against the lands in the Storm Water basin. The Board of County Commissioners further finds,
determines and declares that all real property within a Storm Water basin will be benefitted by
the installation of Storm Water facilities within the basin since the development of elevated
lands increases the runoff of Storm Water from such lands causing increased amounts of
Storm Water 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 Storm Water facilities are installed in the Storm Water basin. To the extent
possible, the charges assessed against lands in a Storm Water basin for construction of Storm
Water facilities should take into account the amount of Storm Water which will run off such
lands after they have been developed.
Sec. 16-2-420. Establishment of Storm Water Basins. The Storm Water map which is on
file with the City of Greeley delineating the boundaries of the Storm Water basin in the Greeley
Service Area Storm Water 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 Storm Water basins of the Greeley Service Area
Storm Water 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 Storm Water runoff
in 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. Storm Water 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 Storm
Water 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 Storm Water
facilities required for such subdivision or lot, including any off-site facilities required to convey
Storm Water 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 Storm Water Facilities; Exception. The City of Greeley
shall maintain all accepted public Storm Water facilities located within City-owned land, City
rights-of-way and City easements and may maintain other accepted public Storm Water
facilities located within or adjacent to the City. The County shall maintain all accepted public
Storm Water 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 Storm Water 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 Storm Water runoff may occasionally occur
which exceed the capacity of Storm Water facilities constructed and maintained by funds
available for the Greeley Service Area Storm Water 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 Storm Water 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.
x x + * * x * + + • x
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2003-2 published
above, was introduced and, on motion duly made and seconded, approved upon first reading
on February 3, 2003. A public hearing and second reading is scheduled to be held in the
Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631,
on February 24, 2003. All persons in any manner interested in the reading of said Ordinance
are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday,
or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail
messages sent to an individual Commissioner may not be included in the case file. To ensure
inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
SECOND READING: February 24, 2003, at 9:00 a.m.
THIRD READING: March 17, 2003, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 7, 2003
PUBLISHED: February 13, 2003, in the South Weld Sun
A. Public education and Sec. 11.1-170.
WELD COUNTY outreach. Definitions. The following
CODE ORDINANCE words.teas and phrases,
2003-2 B P u b l i c when used in this Chapter,
parbcipationlimotvement shall have the meanings
NI THE WTTEII OF ascribed to them in this
BIACTNIa CHAPTER/4 C.Illicitdschar9e detection racoon:
STORM WATER and elimination
Y A N A O E•M E N T (bnaminaadwalumevn
STATE OF COLORADO ) FR n site KIMAIS, OF THE D.corrbacboStorm water which contains
WELD COUNTY CODE Water runoff control. constituents at
)S.S.
COUNTY OF WELD BE ITOINANED BY THE E.Post-cerrbuction Stonn corcentraec or dncead
BOARD OF COUNTY Water management. cause,directly indirectly,
COMMISSIONERS OF impairment of human
TI!COWRY OF WELD, F. Pollution NM or the environment
Ruth Pelton-Roby, as manager of Pelton STATE OF COLORADO•. prevention/good can which would not be
timekeeping formunlolae ' pl,£ipent in such
Publishing Company LLC, being duly val
WHEREAS,the Board a operations. tmtions in a arty
sworn, states that it is publisher of the County Commissioners of state. This includes any
the County of Weld,Stets S e s. I a.I -S 0. water contaminated from
South Weld Sun, a weekly newspaper a Colorado, pursuant toInbrpovernm etal heunal processes, land
Colorado stets and Me Pursis to use activities,development
published in Keenesburg in said County Weld Cow, Home Rue Article X 4 IV, Section or other man-induced
and State; that said newspaper has a Charter,is vested with the 1812X5) and (b) of the was.
general circulation in said County and has authority at admiriewing Colorado Constitution,and
S.aate2o-220 and 2a• .Director means the duly
the affairs d wad County, Director of Public
been continuously and uninterruptedly Colorado,and 1-201.C.R.S.,theCity
of Evan, appointed
and the 01 Ewa, WoalPfanniro of the City
published therein, during a period of at WHEREAS,the Board a Colorado. have entered a Evans ter the designated
least fifty-two consecutive weeks prior to County Commissioners,on into,or intend to enter into. representative of such
December 2e, 2000. the Intergovernmental Director of Public
the first publication of the annexed notice; adopted Wld County cope Agreement for Joint Works/Planning o the City
Ordinance 200.1.enecting Enforcement of Storm of Evans.
that said newspaper is a newspaper a comprehereive Code for Water Management
within the meaning of the act of the the County of Weld, Programs, to develop, Major Storm Wafer System
including thecoailltation of implement and perform the means all Storm Water
General Assembly of the State of ell previously adopted six (e) Storm Water facilities idert'liied in er
ordinances of a general- management programs master drainage plan that
Colorado, entitled "An Act to regulate the and permanent nature listed In Section 16-1-2001 tacillrotethe conveyanceo
printing of legal notices and enacted on or before said this Code -Storm Water re on a
advertisements" and amendments de
P g g basimvide or regional
eaadoption.nd Div.2. General Provisions
bass
thereto; that the notice of which the WHEREAS, the Weld
County Code is in need of Sec-14-1-100.Short Ma,
annexed is a printed copy taken from said revision and claklcetion authority em application
newspaper, was published in said with regard to procedures,
twat and reawremare A.Tide. This Anicr shell
newspaper, and in the regular and entire therein. be knownand may e.drd
asthe be know vans Service Arm
issue of every number thereof, once a NOW,THEREFORE,BE IT Storm Water Utility
week for 1 successive weeks; that ORDAWEDMIlie Boardtl Management Programs
Corny Commissioners a Ordinerrw.•
said notice was so published in said the County of Weld,state g.Authority.The Book of
newspaper proper and not in any of Colorado.that Chapter County Commissioners hes
1e Storm Water Me authority to adopt the
supplement thereof, and that the first Ynrgement Programs, ordinance codified herein
Article I Evans Service pursuant to the Colorado
publication of said notice as aforesaid, AreaSlormWmrublity,of Constitution and late
was_ - on the /3 day of an hereby is,enacted to statutes.
$'GAOtAot 5 hereby is,yrwctea e,
2003, and the last read as Idiom C.Applicadon.This Alai
COMFIER I4 .roll apply to all lands
- within the unincorporated
on the day of , 2003. po ben a Wet Carly.
STORM WATER wren the Evans Service
MANAGEMENT Area grim water Way,
PROGRAMS according to the
PELTON PUBLISHING COMPANY LLC AIITMLEI Section boundaries1 set ofMthis
Ever Service Mee Code.
�(r�j� � "_ Storm Mier Wier"
By n-Ro �
Ruth Pelton-Roby D"'1' F °"°a Sea. 1s.-1-110.Declaration of purpose.
Sec.to-I-tut Saundra* TM Board of Canty
of Service Area MOM CoemissOrrrs of Weld
Its: Manager Wetter Utility. TM County finds, detrines
bouaatSS of Me Evers and declares tint it is
Service Area Stone Mar Moe Wary to providegtnt
Subscribed and sworn to before me this Utility am id'^^rrd at Wit r facilittes for
e
Appendixas 10-A p to MP flags
a lace waters
ot
ratnd and
AA Chapterbeing on a r t e a the Evans Service
e day of {-C" , 2003. .rem denoted thereon Arm storm Wet Utility,
PIPS Coda Number 3aiM f O areas to be
and lying adjacent air srrfwided and devwad.
contiguoussiea o of aCimunicipal in order MI etm.end
// (� /J/[/,��7 Evans.es a Ur City I
"v✓l� iLf�c !'L(.(�`) d� Ever. Ywaters
ned end
(/_` coned,pokfknmay be
Notary Public / e«. 14.1.20. EMS* reduced and the
My Commission expires: /0,-/G• _O f me ef prem. his Me environment enhanced:
NE J! s objective a the Board a and t,s the heath,
P� C thegycawnaeron.eand property,safety and mite
�)� ,••-- sir Me governing body of the of the Evens Service Area
dhe
�``; -rtC City alEvans.Colorado.to Storm Water Utility and s
Se "SWTab mekear most NHcient use inhabitants may be
�ey t% i Mss powers by joined safeguarded and profaned.
V; SS.a ;I implementing and
:I pert r sin on Storm
Sits, m 1,`. :, Warner management
I� ms, of this:
4 meeway.orouows:
Minor Sloan steterThSII ._J.,.of law or by order Srtitade Treatment means udeveoped lot or fraction Water Fan The Board of etch obliges,and lien bed
sans as a dr Werra Water y coot in this State H tlereof inside the Evers County Commissioners to Co
facilities used for the the Board of -County that treatment process County shall not be
conveyance. Bonbon a CMmiasiorrra is given authorized by and Service Area Stone Water may by wedulbn harp required to lock to any
undertaken
storage d storm runoff of time notice of any such pursuant to an Utility.stall pay fees as the amount of the Storm preen whatsoever other
local benefit Doty. These pending action byte crest appropriate permits) to adopted by Iasallti0n d Water uNlley or basin fees than the owner for the
facilities generally direct are given opportunity to discharge bested wave the Board of County for a Storm Water basin payment of such charges.
storm runoff to major Storm join as a party in interest in underthe State of Colorado Commissioners o Wed based upon -revised No changes 0ownership
Water ayetema. such proceeding for the Department non of Public Coteen DDiirecctoorr.collected
to installing facilities i 0 the on the the appli of or cation n shall affect
(learn caton d this
purposed rasingthe isawand Environment, the Intergovernmental basin. Any Change in the Chapter and to failure of
SystemAgreement
Non-Storm Water Runoff of evasion prior to entry of Discharge Permit referred to in amount of the Storm-Water any owner to learn that he
n fl
ow arc If m arcing from the cote order;and, e System (-CPDS7. and man-induced activities Board of County Shish th Durso, has Section 15-1-30 of tea basin fee shall Wedective or she purchased property
including,but not limited to, Commissioners does not approved the discharge Cedes - only as toa properties, basin in a against which a lien for
industrial processes. Sean pleading hereon. Storm Water which Storm Water utility ten
domestic irrigation. within twenty (200) days Sec. 161-g/0. Storm have not paid in full the exists shall in noway affect
subdreins, groundwater after receipt of such rate* See. 1a-1-140. Wale Bunn Fees. .Storm Wad Whin fee' is responsibility tar such
wens and municipal water by the coot, then such Administration to be by assessed against the payment. Any delinquent
alrppty syetsme. action may proceed before Director. The property.After collection ot amour may be Morced
the Court. provisioned
of the A.Alter receiving a sport the Storm Water basin fee by aesnarrmsnt upon the
Quite Detention metes provsons ot this Chapter Nom the City of Evers is completed as to ea property and premises
Storm Water detention is hereby vested in and. Water and Sewer Board on Particular property, IS served and certification to
which is not pert of a mgor C.Which is created by a shell be exercised by the a particular Storm Water °mere of the fee see(not to County Treasurer for
Diredmr, pursuant N the basin within the Evans te increased. collection purant to State
Storm Water system and lien. mortga Wee ed of Service Area Storm Water ,.
which is sized for the s in or any other security I me reeve inn)a nl a I Utility,the Boerd.of County See.161-240. Billing for la
benefit of a specified instrument. Agreement referred to in Commissioners may Storm Water UBlly Fat.
tributary area,pert or all d Section 16-140 of this establishSae.161-2a0i a Additional
Stich is being subdivided. D.Which is created byeby resolution, she Storm Waal utility and See Authorized When.
Code,or who may rules and id Water lasers be cote be she regularlyd 1.210 o this and de
Such located e detention any investment
interest informs and and paid by the owners m collected with the establish of this basic
ease m within any ed undert a trust regulationsthChapterin or or to Water
basin.in such Storm sole lotd Utility bill for g ..the basic
essement or parcel regulateduederthe lowed with dsa orwde Water Such Storm those lets orpercabalen
dedicated to,and accepted the State or any otter ascertainment,computation Water fees Shall be widen the Event Service undeveloped
fees for an
by, the city for dreinege interest in an Irwesbnent and collection of the fees established in amounts Area Storm Water Utility. the Ev areas within
the Evans Service Safi
Plrpoeas, entity. and charges imposed in which will provide sufficientbilled and Slane
Water
Storm Water County
The
y
Storm Wad Facilitiesand i an onr and lunde, proportionately ssparaby as Storm Water Board of Coyn ty
E.Which creates cemlmry Proper ment.eThe[Wester and cons end f coed, pa cy Not ter tend°low rOrs r smi iney ay
meana%evie)urmore lob. may d l ga athe to construct the facilities parcels alanoano other resolution determine ioo area
to apueankeaused tin may delegate the which basdm be installed thefeot not teeming otlw
dideoltn storm. a or iF.n Which ors, an edminiatretlon a the in tle Dasim The amount of Evaro Witte. At as formedeachs lbdlVsoncranes
dtepasiadn of storm.WOO interestinoil,gas,minerals City S r Ares
Storm
Evers
or Surface drainage water. ChaecttohMParltionedt a Nn fees esidual such fees er S shaper Service, Smrmes.
in eluding manmade from mthest lc is the ejMtoer end COS to against Indivimethoddual utilitye shall be utility. additional hofeet. if
structree and natural ofrdie surface ownership Charter and Cesero properties the the reedeuewimty regular', any.shall the Charged
d Mal property. aget of the
one do collecting ten shell City
Easy bill sloe end aboveChapter.
which shall
watercourses and/or c agents ads Director. be ,ugon. , by the be of Evian and shall this based
the ctsl
nooeywweo for the G.Wscos createdinterest
resclubon. accordance with
and payable in
cormeyarhce of runoff,such acquisition a an in Sec. 1 B-1.150. accordance the rules be Waea upon�astW
or
as detention or retention land in the name of a Esbblishment a Event Eve B.The County may require and regulations of tee City costa
imams
such staled
areas, berms. sweles, huWand and wife or otter - Service AfasStormWster the payment of the Storm
improved watercourses, pesos in joint tenancy or Utiliy. Pursuant to the Water basin fees as a of Evans pertaining to the fees in the drainage
charnels,bridges,gulches- as tenant in common,and provisions of Section 30- condition of issuance of a collection of utility fees. requirements forth,district
streams, rivers, Magee, any such interest shell be 20.401, et seq., C.R.S. full building permit,of if no The City of Evans shall darn and/or upon the
flumes, culvert gulches, deemed as only one (1) and Section 37-46.1-101. building permit is required, place all such fees existing overall drainage
pumping stations, pipe, interest - et. seq.. C.R.S. upon commencement ol collected into its storm system.
ditches, Nations, tateh respectivey,the Board of constriction. The Stem drainage fund to be
itedbasins. SSate, and ether H.Which is created by the County Commissioners weed basin tee shad be depO° ant sepvabd Bas, 161300. Appeal.equipment and combination of contiguous y establiehas tub payable at any time as kept as a Iud to be used Any owner who disputes
hast appurtenances and all s otone Evans Shia Area Storm - only for the. purposes to amolnt of de Storm
extension.improvement. Farce land into (1) sensed by the Bed of
stated herein Water utility Ind tie
remoeefkg,edtlsons and resulting
parcel. I1 the Water MIN. Pith We County Commissioners Storm Water basin lee
alteraWnr dereot Wdely resltng parcel is lees den lollowirg rules apPhig after the approval Of the gee 161,2a0. Cabin maoengNrstho es roe
and all rights or interests in tarlydive(35)acres in land thereto: plat of a subdivision or,in Properties Exempt from.. Property or Pro dbplase
such Storm Wosrfecptlea. toughyp1°°'oho
°°(1)° interest the ease et nplette . Spam Wait Utility Few aMn fermi ersw deby
in said lard shall be A. The toughy to be property, upon the The Storm Wave utility fee or on behalf a tM Utility
Storm allowed. If the resulting included in We Utility are stance of a Ddding shall not be collected in to and by the
that part o snowfall,rainfall parcelseas grader tl not hirty-area. idertilNtl in Section 161- permed. cormxeon wima%Cols% ahtMmy d this Arbcie may
five or Deer Storm Watefwlscn etch la acres In lad area. 10 W NW Code. street road or alley,or end petition the Bcard of
s ntasseprbed,trarspirsd, than land area,divided by coC.Any m not otherwise railroad rigs-of-way used County Commissioners,in
evaporated of left in the number of interests in B. The Utility shall be through
hllr collected may be Collected exclusively for trackage accordance with the
surface depressions as result
resWbrg parcel,must Wiesthin
shed e a udivision f t s r s u g n special i and relates safety appeals process detailed in
whchthen Hon eorltrdled in resry et ter or F i n the Department ant d local assessments levied in a appurtenances. Section 2-4-10 of this
or uncontrolled into • �e acres me pet interest. -F i n a a e , end lone assessment e Code.
watercourse or body of waasms h and not f-
Administration. created pursuant to State
way snail be law. Suc fee shall be See. la-1.270. 6v.4. ssionsMiscellaneous
water. considered interests. C.The Utility's funds shall established%resdubam
be kept separate from all dueEnf hernent.eunder
Any charge Provisions
Subdivider d Developer I. Which is created by a other County'funds. Sac. 161.220. Storm due Iwude which shall
means any person, firm, contract concerning to Water Utl%Few?bare is not be pad when due may S e D. 1 d-f-s 0 0.
partnership,joint venture, sale of land which is D. The Utility shall not hereby ion be lawrec.
In d in toa aon Disposition he ter and
association or corporation mmotor prrel 0 at law. addition any charges. The tees and
who shall participate as contingent upon the receive more tall ten per and every lot or parcel a other remedies or penalties ahargeu paid andcCMcS
owner,promoter,developer purchasers obtaining cent d ins bbl revene land within the Evaro provided by this Chapter or by vim. of this Chapter
Or sales agent in the approval to subdivide. from all state and local Service Area Storm Water the Code, failure of any shall not W used for
pursuit to this Chapter governments. Uglily and the asters user of City of Evans general or other
planning, platting, and any amiss County there
y
development, promotion regulation,the land which E. The Board of County woo a Stain Water utilities within the Evans governmentalpurposesorpropriste .
sale or lease of a to purchaser is to acquire Commissioners may,from Apps lee as shown in Service Area Storm Water o of to County.
tubdivson. puSlsntmte contras. timemtime.issue rovers Append 1 to this Unity to pay the charges except to pay for to
bonds % ied0ing tee Chapter. This lee is promptly when due shall equitable share of tarn.
Subdivision or Subdivided J. Which is createddeemed reasonable arts s subject such user t0 of accounting.
by revenues the Utility,in moroselym fa ce. vices of such management e n d
Land means any parcel a pee
agreement to resolve 3aO20401e with S,atlon o pion, n maintenance, utility services and to City ten as thereof. Other
land in the County which is Pen
uncertainty, doubt or and Sec1on 37.4.C.R.S.• administration and routine of Evans is hereby than as described above,
to be -used for conflict regarding a and Section 37-45.1.101, functions
cddomirsuoe,aparanMe common bouneary. A et. sap.. C.R.S.. EvansS a the existing empowered and directed to to fees and charges stall
Evans Service Area Storm enforce this provision u to be to used solely pay for
or ot
her ar muibple- boundary may be respectively. Water Utility and City of any and all delinquent the costs of operation.
ding unite, ess such determined and Evans Storm Water Ise The employees of rape i r, maintenance.
land when previously permanently established try F.The Utility shall assesses
s h e e i v i d e a w e e writtenagreement of all facilitiesdn and to operation, to City of Evens shad,at improvements, renewal,
fee in accordance with the -maintenance and all reasonable times,have replacement ,
accompanied by a filing parbes affected. The fees established pursuant administration of such access to any premises reconstruction. design,
which complied with these agreement must be signed to Division 3.below. future Storm Water served byte City of Evers right -of Dean
provisions and with rta acknowledged%each as may be established for inspection.repair,or the construction of public
dubstanealw de same property owner ea required G. The Utility has no within the Even Service enforcement of the Storm Water facilities and
density,or which is divided for conveyance of real authority to enter into a% Area Storm Water Utility provisions of ants Chapter. costs incidentalramounts
thereto. If
per two (2) or more • estate. The agreement contract or receive any and the City of Evans an there are amounts in the
parcels,separate interests must be accompanied by a funds which would impair_ to pay forte design,right- See, es to B0. UnpNd fund in excess of de
or interests in common. plat showing the resolution its status as an enterprise of-way acquisition and Charges e Be a tion. All amount required to satisfy
uses exempted under the of the boundary in for Puryose of Article %•
following subsections. question. The plat and Section 20 of the Construction or fees made ell be s this tleard of defubd,tty
Inwnb shall includereeornsbuctiondmajorane Chapter shall be a lien Board of any agreement shall be rado. of tle Betaol .rrnirorst extent
Wawteeilbes - suyonuch theee ssesocyrowsch County
and all interests in Ole recorded as an instrument Colorado. Commissioners may, by
to the extent that such sushi se s asso atedirom
surface of land but exclude attic-ling real estate. and costs have been the date the tee becomes ordinance or resolubon
any an t all ot e following shall be binding upon hairs, H. The Board d County determined to be to - due and such tees paid. °1abenxe ter bower d
subsurface irasrests, successors and assigns. Commissioners shall be responsibility adeveloped The owner of record of such excess amountto any
We governing bottle et tr properties. Ad or the every gelding, premises. other had of the County.
A.Which creates parcels o The Board of Cou
nty Utility proceeds a this fee are lot a henna shall be
land. such het to laed' Commissioners may, deemed to be in payment abtieatec be pay de teeter Set 15-1-410.F.410. PropertyStorm
area of each d the parcels, pursuant to rules end Div.3. Fees for use of the Evens all service provided for the °r°Fa Provide Storm
when divided by de regulations or by Service Area Storm Waterwater Fullltlas. The
number of interests in any ordinance, exempt from sc. 161-200. has-- premises which obligation Board of County
such parcel, resuM in this definition ads terms Evans Developments Inside- Ubl%ono es C%mby Of to ns
may he eeme he the
Evans Service Area Stone Water system%the Couny%action at law or declares
Commissioners further
Mi%-five (35) or more subdivision and 8ubdividetlfinds, determines and
acres per interest land any division of land if Storm Water Utility. For real property b on and We enforce de lien. In declares under all
it'determines that auto the purpose of providing pea which charge the case that a tenant in attendant circumstances
B.Which could be created division is not within the storm sewers,systems and is imposed on de own s. possession of any that tealxwnenapropmrty
by any court in the State purposes d this deerason. additions to present promisee or buildings shall whin Storm Water basin
pursuant to the law of Ndm-emair systems,each Sec. 14-1-230. Pee the thane"' a Noel in the Evans Service Area
eminent domain, by builder or developer of en BeesWls,n,enerMam Sim the Landow from
3
ProvideStorm
theWater
Storm Water Utility Pp Me ne approves s••.1aQiRdS and** Contaminatedtatarmeans cendmhyliuma,•padnenY boundary may be
facilities necessary for the prior to commencementlat of Wry wppn. a powers. It is the that water which contains or arty other multiple- d•t•r m i n e d a n d
drainage and control of uponany
lot objective of me Board of constituents at &'slt1N txxts;unease arch P•rmarwdyaYbkyed DY
flood and surface waste of construction forwhiry lot concenVetionswhichcotd land when previously written agreement of all
within atdsrfacee basins or parcel of landfor which a urtyCoingsionersan0 subdivided was drainage report and the governing body of me LdO3irdi rattly on human parties affected. The
and should provide the construction plan for the City of Greeley,Colorado, impairment of human aMPmpanied by a filing agreement must be signed
YNhitia g5from ro onveyStorm installation of Storm Water to make the most efficient health or the emuomuenr which complied with these and acknowledged by each
suehwaterslrom the Storm facilities has not been use of their and which would n01 be provisions and with property owner as required
e of real
Water basin to major powers by present in such substantially Me same for rem
dr•inap•ways Therefore prepared and approved by jointly implementing and state.concentrations in a natural density,or which is divided estate. T�fueMagreement
the cost a instel ins Storm the erector,the owners of performing six (6) Storm stare. This Includes any into two (2) or more must be accompanied by a
the cost akties in a Storm the property being Water management water contaminated from parcels,separate interests plat showing the resolution
Went Bain should be subdivided or upon which programs, or minimum or interests in common, of the boundary in
construction is being measures,those being the industrial processes• land
eanM••d in whole or in commenced shall,at such following:
development unless exempted underthe question. The plat and
or other Wjater basin. 'ie owner's cost, prepare a or of er man-induced following subsections. agreement shall be
Board Water The practices. Interests shall include any recorded as an instrument
Storm detailed drainage onplans report A: Public aucation and antl all interests in the affective real aabb, acrd
fi mmissiermisC urther xndnsalltonoo llan outreach. surface ofland but exclude shall
installation requiredof all Storm arootor means the dutybinding upon hem.
finds. determines and Water facilities for B P u b I c appointed Director d Public any and all subsurface successors and assigns.
declares that all real such subdivision or lot, ' participatiorvinvdvement. Work Greeley ning of the City interests.
property within a Storm including any off-site of or the The Board of County
Water basin will be facilities required rouronvey C.Illicttlischagedetectian designated representative A.which creates parcels of Commissioners may,
benefitted by the _ of such Director of Public )antl. such that Ho land pursuant to rWs yq rann Water to existing and elimination.
installationofStorm Water Works/Planning of the CM area of each of the parcels, regulations' Or by
sincefacilities within the basin drains,ehannsls.-streams. of Greeley when divided by the ordinance• exempt from
since the development of detention ponds or other D.Construction off site Storm number of interests in any this definition of the terms
elevated lands increases points,all inconformity with Water runoff control.
the runoff Storm Water the Comprehensive Major Storm Water System such parcel, results in sub0ivydivintl subdivided
from such of nds causing Drainage Study of the City E.Post-construction Storm means ail toem Water thirty-five tere5) or more land any inesion d land of
of Evans. The Director Water management. facilities identified in the acres aNrareal. it determines that such
StIn rease0 amounts of shall review such reports, master drainage plan that
division is not within the
Storm Water to/IOw onto F . P o u t o n facilitatetheconveyanceof B.Which could be created purposes of this definition.
Storm elevation tents of IOwe! plans ant cost estimates. Storm Water runoff on a by any court in the State
suchlea The owner of. and after approval of the Prevention/good pursuant to the law of Suitable Treatment moons
same. the' plat el the housekeepingformunicipal basin-wide•or regional
such elevated land has a subdivision or the building operations. basis. eminent domain, by that treatment process
inc to prevent such. oaretionof law or by outer authorized by and
increased runoff fromlands, permit, if applicable, may See 1 6Minor Storm Water System of any court in this State if undertaken pursuant to an
damage to other lands. Co approved subeing
fur to the2-3 0. means all Storm Water the Board of Countyappropriate carmine) ro
which Stormwill be met if County's Wing ssu furnished
discharge
with acceptable Inters overnmental facilities used for the Commissioners is given treated water
adequate Water assurance Agreement Pursuant to conveyance, control or timely notice of any such unertheState of Colorado
Stormsate installed in the that such facilities will bestorage of storm runoff of ending action by the court Department of Public
Storm Water basin. Tome constructed and installed Article XI V, Section local benefit only. These and given opportunity ro Health and Environments,
extent possible, the as indicated when Colorado and (b) d the facilities generally direct join ass party in interest in
Colorado Discharge Permit
charges assessed against approved. Constitution and storm runoff to majorStorm such proceeding for the System ('CPUS'), and
lands in a Storm Sections 29-20-105 and 2g- Water systems. purposeetraisingme issue which the Director has
Sec.18-1-050. County 1-201.C.R.City Weld County of evasion prior to entry of approved the discharge
basin for construction Waterof ^ry'o and the of GdCounny Storm Water facilities Maintain Storm WaterNon-Storm Water Runoff the court order;and,if the thereof.
the am take into account City es Exception.The Dor o.intend have entered Board of Count into,or to enter into. means sow arising from y
Faci amount of Storm Water ity of Evans shallCommissioners does not See. 18-2-1{0.
shouldthe Intergovernmental man-induced activities
which will run off such maintain all accepted including,but not limited to,
file an appropriate pleading Administration to be by
lands after they have been public Storm Water Agreement for Joint within twenty (20) days Dir•cto r. The
facilities located within Enforcement of Storm industrial processes.
developed.
Water Management domestic irrigation, after receipt of such notice administration of .the
City-owned land, City Programs, subdrains, groundwater M the court, then such provisions of this Chapter
Sec. 1 8- rights-of-way and City ems, to develop action may r
1-4 2 0. Y wells and municipal water proceed before is hereby vested in and
Establishment rBsin of Storm easements and may
) Stormand perform the the court. stall be ezeroise0 by the
maintain other accepted
y supply systems.
Water Basins. The Stormprod six gel Water Direcor,pursuant to the
Water map public Storm Water management programs C. Which is createdIntergovernmental
which is on file listed in Section 16-2-20 of On-site Detention mans by a
with the City of Evans adjacent faes located within orStorm Water detention lien, mortgage, deed of Agreement referred to in
to the C this Code.
delineating the boundariesCity. The which is not part of a major trust or any other security Section 16-2-30 of this
of the Storm Water basin in County shall maintain all Sromu Water system and
instruments. Code,who may prescribe
the Evans Service Area aecapred 9ies' l$Idm av 2 General Provisions forms and rules and
Storm Water lA lity end Ft Water':Manes bleated - which is sized for the D. Which is created by a regulations in conformity
the City of Evans be.and hinLOtmy-owiiegla id', x'18-2+tog:BWffetls, berlefds tributaryspecified
Sectillry or unit einterest in wictml3.Cnn,00 or froths
hereby a.adopted. Such
County rights-of-way and aNherlry'ardapplicatlen. area,part all ofwhich is Wany investment trust ascertainment•compuleies
map may also indicate County include Such being Subdivided. Such regulated under the laws of and collection of the lees
existing development of public facilities hhav A.Title. This Article shall ocshe detention shag be me State or any other and Changes nut for d in
those tadesis which have be known and maybe cited located within e to and interest in an investment this Chapter and the
properties within the basin, been designed as the 'Greet Service orparcel dedicated roand zoning a properties and 9 std and Greeley entity. proper administration and
Yudh other determined
as con the ted expressly for Area Storm Water Utility accepted by the city for enforcement The Dir•the
may be to e. use by p Management Programs drainage purposes.general ublic. E.Which creates cemetery may delegate th•
advisable Such map be. Such public Storm Water
rdinance.' late. administration of this
and hereby is.the official facilities facilNes do not include
Storm Wafer Facilities Chapter or any penmer•d,
not accepted by B.Authority. The BOardd means any one(1) more F. Which creates an subject othe limitations of
designation of the the C or County for �yCommissioners has of various devices used in
respective Storm Water e the authority to adopt the the collection or or waterandto which is severed duly qualifiedof the
deputies and
purposes of this section ordinance catlaietl herein disposition of storm, tern, from the surface ownership agents of the Director.
Service Area Storm Water yen use by thepursuant to the Colorado or surface drainage
Utility,but such map may general0 of real property.
public' means direct use Constitution and state including manmade Sae. 18-2-1 Sa.
be revised from time to and benefit of the general stattles, structures and natural G.Which is c time to conform with watercourses and/orcreated byre the EstablService
existing conditions. Pub)¢' Ilootl land acquisition e an interest in Service Area Storm Water
C.Application.This Article plains for the land in the name of a Utility. Pursuant to the
S•e 1 0 1 •J 0 See. 18-1-a0 Flood shall apply to all lands conveyance of run*,such husband and wile or other provisions of Section 30-
See. Floods from within unincorporated as detention or'retention persons in joint tenancy or 20.401 eGs
Comprehensive Study, Storm Water portion of Weld County, areas, berms,runotl may swales. eq.,C.R.S..
occasionally occur which within the Greeley Serviceimproved watercourses, a%tenarlta in common,and and Section 3]-05./-101.
any such interest shell be
A.The City of.Evan's most exceed the capacity of Area Storm Water Utility, chennab,bMges,gWches, theme as only one (1) et. seq., C. R. S.,
current Comprehensive Storm Water facilities according to the streams, mar, gullies, interest. respectively,the Board of
Drainage Study is and consHuctedaep maintained
boundaries set forth in Homes, culverts, gutters, County Commissioners
adopted by reference and by funds available for the Section 18-2.10 of this pumping pipes, H.Which is created the hereby establishes the
stations• by Y
declared to be a part of this Evans Service Area Storm Code. ditches, siphons, catch combination of ca Greeley Service Utility.
Area
Chapter. Water Utility. The basins, inlets, and other ntgu0ts Storm Water Ilplity, with
B. The Comprehensive provisions of this Article t0 8•c. 1 6-2-1 1 0. equipment and paw d land irate one(U the following rules applying
net imply that property Dedication of Purpon. appurtenances and larger pence). If the thereto:
Drainage Study is on ale in all resulting parcel is less than
liable for the fees and
The Board of County extensions,improvements, thirty-five(35)acres in lent
this office of the City Clerk charges established Commissioners of Weld remodeling. additions and area,only one A. The in Utility to be
of the City of Evans. The aharation%thered;and any (1)interest included the are
City of Evans may adopt pursuant to this Article will County finds, determines in said land shall be identified in Section 16-2-
of be free from Storm and declares that d is and as rights or interests in allowed. If the resulting 10 of this Code.
plansal master drainage Water flooding or flood necessary to provideSorm suchStorm Waterfatilities.
Want by reference and arcelisgreaterthant irty-
tlecYnmemrobaapartd damage.The provisions of Water facilities for the five(35)acres in land area, B. The Utility shall be
this Chapter and copies of this Article do not purport to drainage and control d such land area,divided by established as a division
reduce the need or the flood and surface western Storm Water Runoff means the number of interests in
su l master in
plans within the Greeley Service that pertofsnowfall.rainfall the resulting parcel, must within Department of
shed be on file in the office neces%ry for the owner Finance e n d
of said City Clerk. The obtaining flood insurance. Area Storm Water Utility, or other Storm Water which result in thirty-five(35)or Administration,
including areas to be is notabsorbed,transpired, more acres per'interest.
Wens may be modified by ARTICLE ti subdivided and developed, evaporated or left in Easements and nghte-of-
thre Director,for the sole in order that storm and surface depressions, and way shall not be C.The Utility's funds shall
purpwad enhancing such Greeley Service Area surface waters may which then Ohms controlled be kept separate from all
plan, provided that such Storm properly be or uncontrolled into a rnnsrderetlintereste. doer County funds.
enhancement th does not WMN Utility controlled, tlrainetl and
polluponmaybe watercourse or body of I. Which is created by a D. The
diminish the general Dry 1 Repines reduced w'atar, Utility shall not
purpose and specific environment enhanced and Subdivider or Developer contract concerning the receive more than ten per
objectives of the adoptedmeans any sale of land which is cent of its total revenue
plan and doe not diminish 8a. 1a-2-0O.rats darles that the health, Property, person, firm, contingent upon the from all state and local
the ability of the plan to of Service Area Storm safety and welfare of the PerbenMP, joint venture, purchaser's obtaining governments.
Water Utility. The Greeley Service Area association or corporation address the disposition ofStorm Water Utili and its who Shall articiate as to subdivide,Chapter
Storm Water runoff in the boundaries of the Greeley UM*
pursuant to this Chapters E. The Board of County
applicable basin. and if Service are Storm at ded may be or mod developer and any applicable County
modified,the modifications Utility identified at safagardaaM protected.
or sales agent in the Commissioners may.from
Appendix 16-C o those planning, platting, the purchaser
land which timerotime,iaue revenue
shall be tiles inee office a denoted as being Sae. 1 B-2-1 J 0. development, promotion, the purchaser is to acquire bonds by pledging the
the City Clekdtla City of areas thereon as Definitions. The following
sale or lease of a pursuant to the contract. revenuesfromthe Utility,in
Evans. MPS Code Number 34788 roods.terns and phiaseS. subdivision.
accordance with Section
SK N-1-M0. Soren ant lying adjacent and when read in this Chapter, J. Which is created by 30-20-401,et seq.,C.R.S.
Want F•ofNOa RookedStorm alltlgupeof mi.ncial shall have the marinas Subdivision or Subdivided agreement to resolve and Section 3]-05.1-101.
M Marylon* a land bor•deb•of the city d ascribed to gem in this Land mans any arced uncertainty. doubt or et. seq.. C.R.S-.
ryas* section: bind in tll•Cornywhidle conflitt capedina • respectively.
to b• used for commonboundary. A
iteraSs F.The Utility al*means MaWlishation. Of such se bay any
Citypremises fauMavamenla, rarNwal, d the City d Greedy. The charges established
fee in accordance wit the ItassSmrm WabrlacilNesp l e c e m e n t,
fees esablished pursues ea may be established Greedy for inspection, reconstruction, design. City of Greeley may adopt Dwsuam to this Article ell
to Division 3,below. when the Greats).Service repair Who Morcementd rigor-ol-weyaequhitimand additional master drainage alwa)a be free from Storm
Area Storm Water Utility the provisions of this construction of public plans by reference and dams r flooding or flood
G. The Utility has no and the City of Greeley and Chapter. Storm Water facilities and tleclan team baapartd tags. provisions of
authority m enter into any m for the design,right- costs incidental thereto. If
this Chapter and copes d thla Article do not purportto
contract or receive any pay9 9reduce the, need or the
of-way acquisition and l Sec. 142 Unpaid there are amounts in the such maafile nepeplan
funds which would impair construction or
Cherpeab Be•Lien. All fund in excess of the shall be on y inewT office necessityfining or"et owe.
feel made puasuant m lien amount of said City Clerk. The asee
airang flood inurerce.
its status as an enterprise record form Wd major anda required to satisfy
for purpose of Article X, minonSmrm Watertacilities Chapter shall be a lien the purposeottCou the plans raybamodtadoy BE IT FURTHER
Section 20 of the upon suChfeethe property to whin Commissioners
of County the Director, for the ode ORDAINEDthe Board
Con ratio,n of the State of to the extent that such e i¢aesoeia becomes Commissioner may by purpose of&tense that such by
costs have been the date the fee ordinance the
transfer
plan, provided such that the Clerk to to Board
Colorado. determined to be the due until such fee is enhancement does not be'and beret)).I;der"
paid. authorize the transfer dto arrange for Colorado
H. The Board of County responsibility Of developed The owner of record d such excess the our any
diminish the general Code Publishing to
Commissioners shall ba properties. All fee the every building. Premises, other fund of the County. purpose and adopted supplement the pWeld
the
the governing board of the proceeds of this are lot or house shall be objectives of the adopted pp _
Utility. deemed to be in e payment
obligated to pay the fee ter sec. 184110. Property plan and does not diminish aComendments contained
for use of the Greeley all service provided for the Owners to Provided t to
eStorm the ability o plan herein, coincide with
Div.J. Fees Service Area Storm Water premises which obligation Water Facilities. The address the disposition of chapters, articles.
Utility and the City o may be enforced by the Board of County Storm Water runoff in the divisions, sections, ens
Sec. 162.200 Fees Greeley Storm Water County by action at law or Commissioners further applicable basin,- and f sub-sections as
Developments Inside syambythe reel property suit toentarce the lien. In finds, determines and moddred the modifications they
on and with respect to the case that a tenant in shall baffled inthe dliosd currently exist within said
Greeley Service ArN declares under all Cade,and to receve
Storrs Water Utility. For which the charge is Possession of any attendant circumstances the City Cladsotdie City inconsistenciestang
the purpose of providing imposed on the--owners. Premien or buildings shall that the owners of property Greeley. capitalization, regardinggrammar
the pursuers,systems and pay the charges, it shall within Storm Water basins and or
additions to present Sec. 18.2.230. relieve eV lanhdOwnerfrom in the Greeley ServiceAfea Bea 18-24W. storm numbering
ResshbMnmsmd8m•m sixth Obligation and lien but Storm Water Utility Water Facilltles Required placement al chapWs,
elamfeaersystems.each Water articles.division,sectone.
builder a developer of an Water pens. TM Boas d- the County shall not be provide the Smrm Water ter DhlalOns d Lars.
uhdea dlot orfraction County Commissioners required to look to arty facilities necessary forthe Priortotelinalapprovalof end subsections in said
thereof inside the Greeley may by resolution charge person whatsoever other drainage and Control of the plat d any subdivision. Code.
Service Area Storm Water the amount of the Storm than the owner for the flood and surface water or prior to commencement B E IT FURTHER.
utility shell pay as Water utility or basin fens Payment of such charges. within Storm Water basins of construction uponenyld BE ORDAINED the Board
ado1Ned by Payres fees n of for a Storm Water basin No changes of ownership or parcel of lard for which a by
the Baas of County based upon revised or occupation shall affect and should provide the drainage report and any section, subsection.
estimates of the cost of ale application of this facilities required mconvey construction plan for the paragraph, sentence,
Commissioners of Weld installing facilities in to Chapter and the failure of such waters from the Storm installation of Storm Water clau e, of OM, of this
County aid collected by basin. Any change in the any owner to learn that he Water basin to major facilities has not been Ordinance is lofanyreaso
the Director, pursuant to amount of the Storm Water or she purchased property drainage ways. Therefore, prepared and approved by held or decided to be
the Intergovernmental basin fns shall be etlectve against which a lien for the cost of installing Storm the Director,the owwrsd unconstitutional, such
Agreement referred to in only properties Water utility fees Water facilities in a Storm the property being
decision shall notadedtlre
Section 18-2-30 0l this as to ro arses in a Storm
Storm Water basin which shall in no way affect Water Main hole be subdivided or upon which validity a the remaining
Code. have notpaid in full fee the responsibility assessed in whole or in construction is being W
for such tonMrM.The Board
See 162-210. Storm Storm Water basin fee payment. Any delinquent peRapairotthe lantlsinihe commenced shall,atsuch of CPMM/Commissioners
assessed against the amount may be enforced Storm Water basin. The owners cost prepare a hereby declares that it
Water Basin Fees. AfterBoard of County would have enacted this
property. M assessment rtyandupon the Commissioners furthe detailed drainage report Ordinance in each and
A.After receiving a report the Storm Water basin fee properly and premises and construction all laro for every section,subsection,
from the City of Greeley is completed as to served and certification ro fines, determines end the installation of Storm
Water and Sewer Board on particular property, the the County Treasurer for declares that all real Water adltes required for paragraph, sentence,
a particular Storm Water amount d the fee shall not collection pursuant m Stele Water within a Storm including subdivision or lot, irewe;artl phrase thereof
bea ice Area the Greeley be increased. Hsu. Water basin will be any off-site inesleeeor of the fact that
Service Storm Water benefittetl by the rear existing OMey any one or more teCtiOhe.
Ueky,the Board of County Sec.16-2-240. Billing for Sea 162490.Additional installation of Storm Water Storm Water to tem nes. l awes, or
Commissioners may Storm Water Utilky utu fe Fens Authorized When facilities within the basin drains,channels,streams. sentences, daueea, or
establish by res0lWon. The Storm Water uMsyfee Sections 162-200 and 16- - since the andsdeve increases
detention ponds0rm other to be u o badaeWad
Storm Water leas to be shall be billed and 2-210 of this Code elevated lands increases points,all incorearmky with m be acorotiWtioral er
paid by the owners of collected with the regularly establish the basic the runoff d Storm ndscWater the Comprehensivethe Cty invalid
property t in such Storm scheduled utility-bill for drawee fees for all from such lands causing Drainage Shayd City
Water basin. Such Storm those lots or parcels d land undevelopedGre areas within increased amounts of of Greeley. The Director
Water fees shall be within the Greeley Service the Greeley Service Area Storm to flow onto shall review such repots,
established in amounts Area Storm Water Utility, Storm Water Utility. The adjoining lands of lower plans and cost estimates.
wnkh will provide sufficient billed and collected Baud of County • elevation. The owner of and altar approval of the NOTICE
funds, proportionately separately as Storm Water Commissioners may by such elevated land ha8 a same, the plat of the
to calculated and assessed, utility fees for end lots or resolution determine, as
duty to prevent such subdivision or the building PURSUANT to the Web
to construct the facilities parcels of not and owners each subdivision or area is damageincrease runoff other lands, be approved
applicable, may Count'Moorembe Chahar,
which need to be installed thereof not utilizing other lamne0 within the Greeley damage to lands, be approved subject m the Ordnance Number 2003-2
in tla basin. The amount City of Greeley utilities.All Service Area Slam Water which duty will be met if County's'being furnished published above, was
of de fees assessed such bills for Storm Wateradequate Storm Water with acceptable assurance introduced and,on motion
Utility,Vat additional tees, facilities are installed inthe that such facilities will be against individual utility fees shall lld be if over anti, all be Oh fees Storm Water basin. Toffs constructed and installed approvedduuponfetreadin and g
properties and the method rendered with theextent
possible, the
of co in g lees shall scheduled utility bill by the stated in die Chapter, charges assessed against 88 indicated approved, on February 3, 2003. A
by the City of Greeley and shall which shell be based upon psalm hearing and secondof
resolution. become due and payable in lands in a Storm Water Sec.Maintain
16-2-450.t m
the or such
basin for construction ofCounty reading is scheduled to be
eicorearcs with the rules increase costs above such aintein Steep Water he held d,theChembaredthe
B.The County may require and regulations of the City stated fees in the drainage sStorm Water facilities City C of; Greeley e The Board, 915 Floor Street,
tng
the payment of the Storm of Greeley pertaining to the require and/or
the district the heamld ut t into account i ll shall Room, . Co 10th
amount of Smrm Water maintain all accepted tea Water basin fees as a collection of utility fees. or area upon the which will run off such P on February,Colorado 90831,
condition of issuance of a The City of Greeley shall existing overall drainage facilities cbtie Stcte Water pre 2 2 ma. ier
full building permit,or it no place all such lees syatem. ands awnfey have been - w located within persons in any manner
building permit is required. collected into its storm developed. City-owned IoM, city interested in the reading of
upon commencement of drainage fund to be See, 162400. Appeals. rights-of-way and City said Ordinance are
construction. The Storm deposited and separately Any owner who disputes Sac. 1 2•Storm 0. easements and may requested to attend and
Water basin fee shall be kept as a fund to be used the amount of to Storm - Establishment B of maiain other accepted may be teas.
payable at any time as only for the purposes Water telly ins or the Water Basins. The Storm public Storm Water
payable by the Boards stated herein. Storm Water basin fee Water map which is on file facilities located within or Please contactthe Clerk to
County Commissioners tore Water ubasin ers with the City of Greeley adjacent to the City. The the Board's office at phone
after the approval of the Sec. 1e-2490. Certain proeefy or who disputes delineating the boundaries County shall maintain all (970)136-7215,Extension
plc of a subdivision in Properties Exempt hem any determination made by of the Storm Water basin in Water epted public Storm 4225, or fax (970) 352-
Het case of or,en Storm Water Utility/ea. the Greeley Service Area facilities located 0242,prior to the day of the
or on behalf of the Utility Storm Water Utility and in pro perty• upon the The Storm Water utility H• pursuant to and by the within rights-of-way
land, hearing if,as the reerdtde
issuance o a building shall not be collected in authority of this Article may the Chad Greeley be,and Couty rights-or-way end disability, you require
permit. connectionw1111ihereby is,adopted. Such
ray Cotsay petition the Board ofCounty's asements include Such n s e 8 a n a b r
street,road or alley,or any County Commissioners,in map may also accommodations in order
C.Any fees not otherwise raillad fight-of-way -existing development nthe
d thpose Hties
9M-dway used accordance with the those facilities which ham to Participate, in this
ed may be collected exclusively for trackage appeals process detailed in zonipropng of ieBasin, been designed and hearing.
through special and related safety Section 2-4-10 of this zoning properties and constructed expressly for
assessments levied in a appurtenances. Code. such other information rmine as use by the general public. Any backup material.
local assessment district may be determined to be Such public Storm Water exhibits or information
crested pursuant to State S•c. 1 8-2-2 7 0. advisable. Such map be, facilities do not include
previously submitted b the
Wm. Such tae shall be Enforcement. Arty theme Div.4. Miscellaneous and hereby is,the official Beard of
designation of the • facilities not accepted.by County
ella911HM by resolution. due hereunder which shell Provisions g the City or County for Canmiaelaencerwrerg
respective Storm Waterthis matter may be
Sec. 194420. Storm not be paid when due may basins of the Greeley maintenance. For
8•e. to-2-100. examined in the a9aed
Wens 1MY1y Fee. There be recovered i an action purposes d the section
at law. In addton to any Disposition of teas arc Service Area Smrm Water •for use by fe general the CIM m Ma Board of
*hereby imposed on each Utility,but such map may
every lot or parcel of Other remedies or penalties eherpn. The lees andpublic' means direct use County Commissioners,
andbe revised from time to
land within the Greeley provided oythisChe(fer or charges paid and collected time to conform with ono pewit d the smarm located in the WS County
Service Ann Storm Water the Code, failure d any by virtue of this Chapter existing conditions. Public. Floo,Centennial915 10d Street,
Utility ate the owners user of City of Greeley shall not be used for
amities within ad Greeley . general or other Sec. 162180. Flood Greeley, Colorado.
erred a Storm Water Service Area Storm Water govemmsal orproprietaryS•e. 1 8-2-4 3 0. between the curs of 8:00
utility fee.as shown in Comprehensive insurance. Floods from
utility m pay the charges purposes of V. County, Study. Storm Water runoff may a.m. and 5:00 p.m.,
Apapter.rr i6D m this promptly when due shall except m pay for V. occasionally occur which Mondayfvu Frtday,armay
Chapel. Ties fee is A. The City of Greeleys be accessed through the
deemed reasonablesland is subject such user to equiab 1m of costs exceed the capacity d
most current Weld Co Web P
discontinuance of such of accounting, Storm Water facilitiesuntilage
necessary to pet for the management and Comprehensive Drainage (whw,.co.wem.ca.us). E-
utilitysMicesendMeCity g conatrucledand maintained
opener, meln routine•
of Greeley is hereby government thereof. Other Study is hereby adopted by by funds available for the Mail messages sent to an
administration and routine empowered and directed to than as described above, reference and declared to Greeley Service Area individual Commissioner
functions d the Mistingbe•pond tits Chapter. may not be included in the
Greeley Service Area enforce this provision asm the lens and charges shallstorm Water Utility. Toe caseensure
any and all delinquent be reed solely to pay for B. The Comprehensive provisions of this Article to inclusion d ToE-W 1
SSltorm War Uttar and City were. The employees of the costa of operation. Drainage Study is on filet not imply fat property your
Greed/ Stem Wale the City of Greedy shall,at repair, maintenance, ur spite ct lipcoy coot
liable for the fees and corresporheance into She
facilities and the operation, all es,reasonable fin have - - Cad file,please sand a
maintenance and -
6
d a P 7 t o Ra•PAS. The cast d
Char gm
.q .e a coot r.,asr 915 10th SEML Thee Port Carlin, Cobras
ail be borrs by IS Floor, (meesg Cooao. gpggg
SECOND READING: requesting party, In an individual
- Madaapaa ant m
February 24,2003,at/.00 accordance with the anindiv be inch rid in CommissioneryjesplaTyy0 as Map
a.m. Americans with Deaaalaee MY not be inKJuded in the 2.1, Structure Land um,
THIRD READMfI March Act, it s p•c i•I 1st ha. To,*Isla Plan,as well as ale Weld
17.2003.at 9.00 am. accommodations are inclusion at lair EdsMI
Coal Code.sreaollimelry.
BOARD OF COUNTY required in order for you to c RR ndann inm Es Gwpbr Ap:
endlir 2241
BOARD OFERS participate in 0ts peeing. .7—'1 to o V mese*eay t a •
MUD Land Us Pen
WELD COUNTY, splease mrclfice 00(m(970) Diatnbteon Mixed and
COLORADO ehardIngOco.wsldeo.w. Chapter 26 Mixed Use
338-7215,Extension 4226.
prior to the day of d» DOCKET NUMBER: 383 7 Development to include
acres
DATED:February 7.2003 _ hearing. 9200315 total •em
PUBLISHED:February 13, Thecom toms, March 5. 2003 designated for poMRM
2003, in the South Weld Case fileP r : Residential, Regional
Sun may he yam: 10:00 a.m. Commercial, Employment
in the oarse th Gerken Center, Regional Pr,
the Award of County School Site, and
NOTICE Commissioners, Weld APPLICANT: Neighborhood Center
County Centennial Comm Floyd and Katharine Owe, Development,
The Board of 915 10th Meet, Third La cTodtl Hodges Design.
County Commissioners of Floor, Greeley, Colorado.Web Couny,Coloratl°,will E-Mail massages-sent m 2°12 Denby Ghat LOCATION:Soum of and
conducts public hearing at •nindividW Cgmmissbnan Fort Collins, Colorado
adjacent to Weld County
9:00 a.m.,on February 24, may not be included in the f0528 Road 28; north l of and
2003,in the Chambers of ease file. To ensure Road 2 to west sld County
the Board of County Inekabn of your E�Iail REQUEST: Amend Road 2Q of and
Commissioners, Weld conaPonoence Imo Me Planned Plan,
Ssv82mant adjacent to Weld County
County Centennial center, as M ei blase lend a M en, S #582, for Road 1.
91510th Street,Fret floor, c ° e e t o Meadow Vale Porn,Third
GreeteY,Cobras,for the eMrdinp0eawlreeata Filing BOARD OF COUNTY
Purpose of considering
amendments to certain DOCKET NUMBER: LEGAL DESCRPTION: WELD COUNTY V.
sections of the Weld 42003.14 Tract /, Meadow Vale
Farm. Third Filing: being
County Code as currently DATE: Marsh 5..2003
Port
amends. Second and at dos SWi/4 d DATED: February 7;
third reading of said TIME: 10 .m. Section 4, Township 2
:W a
Ordinance will be North,Rargs ee West of PUBLISHED: 13.O rlalderatl on ill 17. APPLICANT: the Mil P.M.,Wald County, 2003, in the SouthWeld
and April 7, 2003. All Floyd and Katharine Oliver Colorado
persons in any merger ac Todd Hodges Deign. Sun
hhtests are requested to LLC LOCATION: East of and NOTICE '
a•erxp said nearing and 2412 Denby Court adjacent to Weld County
maw bp heard. Fort Collins, Colorado Road 5.5; and 1/2 mile TM BOOM at
If a awn 80528 north of Slate Highway 119. Cosby Commissioners d
report is desired,pleas (See Legal Descripbon for Weld Cowry,Colorado,on
advise ii„ clam to the REQUEST: Amend Precise localbn.) January. 22. 2003.
Board.in wrung,at Mastro Change of Zone 8539 from Site onaly approved a
fns days poor of the the PUD (Planned Us BOARD CF COUN1Y Specific Development
hearing. The cost d Development)Zone DistrictCOMMISSIONERS Plan and Use by Special
WELD COUNTY. Review
arming a court neWar with Civic llss,mthe PUD Permit 91404 for alas be borne by the (Planned Unit CO LCRADO the property and purpose
re0ucamg Party. In DovemDmeNZona District described below.
accordance with the with Del Residential llas DATED:February 7,2003 Condiboralappro'val doss
Americans with Disabilities • PUBLWE°Fsrtmry 13, plan creates a vested
Act, i f special LEGAL DESCRIPTION: 2003, in the South Weld Properly ripnt puteist b
accommodations are Tract 1, Meadow Vale Sun Article s of Tips 24,
fished In order you m Farm. Tiled HIM sing C.R.S.,for a peesothree
participate in this hew i g, part of rat SW1/4 d NOTICE years.
plod* onh
ated iM CAM Section 4, TdansNP 2 ... .The Bard.
ice Bard'*Office at(070) Norm,Rags de West of Duey Commissioners of DOCKETS: 2003-03
prior day of
000Extension�Bmp the am Colorado.M..Weld Couny, Web Cavity,Colorado,will APPLICANT:
conduct public hearing at Bayo Alaape and Karen
"s""g' 9:00 am..on February 24, Crows
Copied of 0e LOCATION: East of and 2003,in the Chambers of 19528 Weld County Road
Dropoeed amesment may djacent to Were COuntY ad 5.5; anal 1/2 mile the Board of County Hudson,Colorado 80842
be examined n the off ice ofCommissioners Weld
me County m to dm Bopre rd d north(Ss of State
Descriptioni 119 County Centennial Center LEGAL DESCRIPTION:
Coolocatedin CteWeeCo Commissioners, Legal 915 10th Street First Floor. Part or the NEVI d
Centennial Carter,County
precise locson.) Greeley,Colorado,for the Section 20. Township 1
Ce Street Center,
Floor.915 purpose of •considering North. Range 05 Wet of
10th StCdcaarMello BOARD OF COUNTY amendments to certain the 8th P.M..Weld Canty.
thateh.B y COMMISSIONERS _ sections of the Weld Colorado
5:00 mrday.8:00am.m -WELD COUNTY,• County Code.as currently
p' COLORADO amended. Second and TYPE AND INTERIM OF
DOCKET NO.0311 third reading of said APPROVEDUSE:A Single
DATED:February 7.2003 Ordinance will be Family Dwelling Unit(other
APPLICANT. Cou ofof thePUBLlSHE4 Feloy'nr 13. considered on March 27 than those permitted udr
Weld "ty2003, in the South Weld and April 17, 2003. All Section 23-320.Ae
Sun • persons in any manner Weld County Code)in the
REQUEST: To amend interested are requested to A (Agricultural) Zone
attend Cheraw 3 of the Weld NOTICE said hearing and District
may be Math.
Creaky Code, by adding
Article 13,Implementation the zoning laws of the Sate report s er desired,plan acres,more oAlass Pursuant to If a court sin OF L. Y.e
of the Federal Transit of Colorado and the mid advise the Clerk to the Administration Regulations Corny Code, a Board,'in writing,
on Die Use and Alcohol hearing in me at least Failure to abide by the
Misue Mae wig s mod in tat live days prior o the approval
terms and siuOM of
CMmcea d the oars o hearing. cat cost of approu will result d.
BOARD OF -COUNTY comity
commissioners of engaging' a court reporter forfeiture of the vested
•
COMMONERS - Weld County. enenial ail be borne by the Property tight
WELD COUNTY, Weld .915 Centennial requesting ng party.
COLORADO Dwyer. goo 10th Shad, accordancewi Dsh the BOARD OF COUNTY
First Floor, Greeley, Americans ct with eiaa COMMISSIONERS
Cdcrsa. - dm, time Act, if special WELD COUNTY,
2 February 5, specified. - accommodaer for are COLORApp
ff a cow requited in order for youth
PUBLISHED:February 13. reporter
Mr is desired.to plagueparticipate ntact the Clerk to in this heating, DATED:February 7.2003
2003, in the South Weld Board, in writing,at lest the Board's Office at(970) PUBLISHED:February 13.
Sun five days prim to the 358.4000.Extension 4228,
NOTICE Mating. The cat of Prior to the day d the 5un
3' '" the BOum Weld
engaging a cow reporter hewing.
Payout to shell be borne by the Copies of the
the zoning laws MS Staterequestieg Party. In proposed emerdment may
of Colorado and the Weld accordance with the be examined I"Ibeofficeof
County Cade, • public Americans with Disabilities the Clerk t°tat Bard d
heeilg will be held in theAct• i t special County Commissioners,
Chanters of the Bard of accommodation's- -are located in the Weld County
County Commissioners d mowedin Oeaalmr you tea Centennial Center, 915
Weld Covey. Colorado. en in this here, 10th Saet, Third Floor,
Wee County Greased pleas,woman,Ceram Greeley.Colorado,Monday.
Career, 915 fpm Street the Board'.Crete at(070) thvo+ghFriay.8d0am.m
First Floor, Gram's. 3367216,Exwebn 422Q 5.'00 p.m.
Colorado. at the time prior to the day of the
specified, hearing. SOCKET NO.2003-16
If • court- The complete
reporter is desired,pleas road file may s examined APPLIOnLMT.Weld County
advise the Clerk to the in isorriced the Ceram Rao H CONsa
Board,in writing,at lad the Board of Gunny /o Don Leffler, Design
Commissioners,five days prior toCommissioners, Weld Development Cora4tente
Cony CwORvsl CsGar, 32627�Redwing Rad,Shia
Hello