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Home My WebLink About20260347 MEMORANDUM To: Board of County Commissioners WEEWFrom: Jim Flesher, Long-Range Planner Maxwell Nader, Planning Manager COUNTY, CO Date: February 18, 2026 Re: Ordinance 2026-02, Land Use Process (1st reading) The Board of County Commissioners held a work session with staff on this topic on November 18, 2025. This ordinance will revise provisions in Chapters 23, 24, and 27 to update the County's permitting process. A new section in Chapter 23, Zoning, and a similar new section in Chapter 24, Subdivisions, will outline the standard procedure that various case types in those respective chapters will refer to. The main difference will be whether the case type is administrative or requires public hearings. The process in Chapter 27, Planned Unit Development, will be similarly updated. At its regular February 3, 2026, meeting, the Weld County Planning Commission recommended approval of the ordinance with no changes. However, during public comment, some changes were suggested by Hannah Dutrow of AgProfessionals. Based on these comments, staff has incorporated a change into the First Reading version to state that preapplication meetings are not required for certain land use cases including Lot Line Adjustments. Ms. Dutrow also suggested that there should be time limit on how long staff has to review applications. Rather than codifying a deadline for staff reviews, we plan on putting timeframes in the application packets. For example, the first round of reviews, including review time for outside agencies, is anticipated to be 60 days. Subsequent rounds of review would be much shorter. Staff feels concerns can best be addressed outside of the code. Staff recommends adoption as presented on First Reading. 2026-0347 Page 1 Esther Gesick From: Jim Flesher Sent: Wednesday, February 11, 2026 3:28 PM To: Esther Gesick Cc: Maxwell Nader; Mariah Higgins; Chloe White; Houstan Aragon;Jessica Reid; Leah Flesner Subject: Ord26-02 First Reading Attachments: Ord26-02 LUP 1st rdg memo.docx; Ord2026-02 revised after PC for 1st rdg.docx Importance: High Here you go, Esther! The only change From the PC version is in 24-13-10.A.: ", except For Family Farm Divisions, Public Facility Divisions, Lot Line Adjustments, and Resolutions of Illegal Land Divisions." Let me know if you need anything else. Thanks, Jim Jim Flesher,AICP Long-Range Planner Planning Services Desk: 970-400-3552 P.O. Box 758, 1402 N 17th Ave., Greeley, CO 80632 000®O Join Our Team IMPORTANT:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Before the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Barney Hammond, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Case Number: Ordinance 2026-02 Request: In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning, Chapter 24,Subdivisions,and Chapter 27, Planned Unit Development,of the Weld County Code(Land Use Process) Planner: Jim Flesher be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.B.1 —That the existing text is in need of revision, as proposed. 2. Section 23-2-120.B.2—That the proposed amendment will be consistent with the future goals and needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect. 3. Section 23-2-120.B.3—That the proposed amendment will be consistent with the overall intent of this Chapter. Motion seconded by Michael Biwer. VOTE: For Passage Against Passage Absent Butch White Michael Wailes Michael Palizzi Virginia Guderjahn Barney Hammond Michael Biwer Calven Goza Hunter Rivera Cole Ritchey The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. Certification of Copy I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on February 3, 2026. Dated the 3rd of February, 2026 41:f lbb ate,I-2411I L M't, Kristine Ranslem Secretary Page 1 of 56 Chapter 23 - Zoning ARTICLE II - Procedures and Permits Division 1 - Amendments to Zoning Map Sec. 23-2-10. Amendment procedures. A. An electronic version of the Official Weld County Zoning Map, which includes all of the rezoning approvals made by the Board of County Commissioners, shall be maintained. The map shall be available for public inspection with the Department of Planning Services and online. The Board of County Commissioners may amend the Official Zoning Map of Weld County.All requests for such changes of zone must be reviewed by the Planning Commission, whose recommendation shall be sent to and considered by the Board of County Commissioners. Such amendments shall be made in compliance with state statutes and with COUNTY procedures and regulations as established herein. No changes to remainder of section. Sec. 23-2-20. Dutiec of Department of Planning Cervices Procedure. The process for a Change of Zone shall follow Section 23-2-600 of this chapter. A. Any person wanting to apply for a Change of Zone shall arrange for a prcapplication conference with the Department of Planning Services.The Department of Planning Services shall be responsible for processing all applications for Change of Zone in the unincorporated areas of the COUNTY.The Department shall also have the responsibility of ensuring that all application submittal requirements arc met prior to initiating any official action as listed below B. Upon determination that the application submittal is complete,the Department of Planning Services shall: 1. Refer the application to the applicable agencies listed in Appendix 23 G,as determined by the Department of Planning Services.The failure of any agency to respond within twenty eight(28)days may be deemed to be a favorable response.The reviews and comments solicited by the COUNTY arc intended to provide the COUNTY with information about the proposed Change of Zone.The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency arc recommendations to the COUNTY.The authority for making the decision to approve or deny the request for Change of Zone rests with the Board of County Commissioners. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application,its conformance with Chapter 22 of this Code and the Comprehensive Plan or MASTER PLAN of affected municipalities, Intergovernmental Agreements, sound land USE planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. lzveit--may--lae-si4ggest-e€1-44y-444e--1:4affniN-Ser-viees-st-aff-t-e-eReeio-age-e&R4R44Ric-ati-e•R-betweeR a land use applicant and the neighbors. - Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices.At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the rezoning is Page 2 of 56 proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process.The date of publication shall be at least ten(10)days prior to the hearing. 6. Give notice of the proposed Change of Zone and the public hearing dates to those persons listed in the consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 7. A sign shall be posted for the applicant on the property under consideration for a rezoning.The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD RIGHT OF WAY.In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT OF WAY,one(1)sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a PUBLIC STREET/ROAD RICHT OF WAY.The sign shall be posted at least ten(10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include a. Rezoning request number. b. Date, place and time of public hearings. d. Applicant's name. c. Size of the parcel of land. f. Type of rezoning request. C. An electronic version of the Official Weld County Zoning Map, which includes all of the rezoning approvals made by the Board of County Commissioners, shall be maintained. The map shall be available for public .,ction with the Department of Planning Servi. and online, D. Submit to the County Clerk and Recorder the rezoning plat as required in Subsection 23 2 50.D for recording. Division 3 - Site Plan Review Sec. 23-2-150. Intent and applicability. A.,no change. B. An approved Site Plan Review is required for certain USES as described in Article III of this Chapter, and in certain Planned Unit Developments (PUDs)any PUD Districts where the proposed USE would require an approved Site Plan Review in an R 3,Commercial or Industrial Zone District. C.through E.,no change. F. The Board of County Commissioners delegates the authority and responsibility for processing,approving and enforcing Site Plan Reviews to the Department of Planning Services.The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action.Once an application is deemed complete,the Department of Planning Services shall send the application to applicable REFERRAL agencies listed in Appendix 23 G,as determined by the Department of Planning Services. The failure of any agency to respond within twenty eight (28) days may be deemed a favorable response.All REFERRAL agency review comments arc considered recommendations to the COUNTY. The authority and responsibility for approval and denial of a Site Plan Rcvicw application rests with the COUNTY. Page 3 of 56 G.through K.,no change. L. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements as shown in the application, plans and other supporting documents.The Agreement shall be made in conformance with the County policy on collateral for improvements Chapter 8,Article II,of this Code. The Agreement shall be approved by the Board prior to recording the Site Plan Review map,if applicable. No other changes to section. Sec. 23-2-175. ec s, approval nd recor�'r ing of the—site plan reyie .i ~Procedure. A. The Department of Planning Services shall notify the applicant of any deficiencies of the submittal and the deadline to correct said deficiencies,which shall be one hundred twenty(120)days.The Director of Planning Services may grant an extension,for good cause shown upon a written request by the applicant. If no written request is submitted or if the deficiencies arc not corrected by the date specified by the Department of Planning Services,the application shall be rejected.The process for a Site Plan Review shall follow Section 23- 2-600 of this chapter.No public hearings are conducted for a Site Plan Review. B. Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plan Review map for recording,along with all other documentation required as conditions of approval.The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services.The map shall bear original signatures and seals in permanent black ink.The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services.The applicant shall be responsible for paying the recording fee.The conditions of approval shall be met and the map recorded within one hundred twenty(120) days from the date the administrative review was signed.The Director of Planning Services may grant an extension,for good cause shown, upon a written request by the applicant. If no written request is submitted,if the Director of Planning Services denies the extension,or if the conditions are not met and the map recorded by the date specified by the Director of Planning Services, the Site Plan Review conditional approval shall may be terminatedrescinded, and the application denied. Division 4 - Uses by Special Review Sec. 23-2-200. Intent and applicability. A.through E.,no change. F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements, as shown in the application, plans,and other supporting documents.The agreement shall be made in conformance with Chapter 8,Article II,of this Code. The agreement shall be approved by the Board prior to recording the map, if applicable. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit. No changes to remainder of section. Sec. 23-2-210. Duties of Department o4 Planning Service procedure. The process for a Use by Special Review shall follow Section 23-2-600 of this chapter. Any person wanting to apply for a Use by Special Review shall arrange for a prcapplication conference with the Department of Planning Services. Page 4 of 56 A. The Department of Planning Services shall be responsible for processing all applications for Special Review Permits in the unincorporated areas of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that the application submittal is complete,the Department of Planning Services shall: 1. Refer the application to the applicable agencies listed in Appendix 23 G,as determined by the Department of Planning Services.The failure of any agency to respond within twenty eight(28)days may be deemed to be a favorable response.The reviews and comments solicited by the COUNTY arc intended to provide the COUNTY with information about the proposed Use by Special Review.The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency arc recommendations to the COUNTY.The authority for making the decision to approve or deny the request for a Special Review Permit rests with the Board of County Commissioners. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted MASTER PLANS of affected municipalities,sound land use planning practices,comments received from agencies to which the proposal was referred and standards contained in this Chapter. Set a Planning Commission hearing date and a Board of County Commissioners h aring date. �. An applicant may conduct a Neighborhood Meeting with area landowners.Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 5. Give notice of the application for a Special Review Permit and the public h aring dates to those persons listed in the application as owners of property located within five hundred(500)feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not cr ate a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. C. A sigR shall be pasted for the applicant on the prsperty-der eensideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD RIGHT OF WAY. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT OF WAY, one(1)sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT OF WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission h aring and evidenced with a photograph.The sign will include the following information: a. Special Review Permit number. b. Date,place and time of Public Hearings. c. Location and phone number of the public office where additional information may be obtained. d. Applicant's name. e. Size of parcel of land. f. Type of request. 7 Arrange for legal notice of hearings to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process.The date of publication shall be at least ten(10)days prior to the hearing. Page 5 of 56 Division 7 - P�dProcedure. Section 23-2-600. - Procedure. The process in this section shall be applicable only for those land use case types that refer to this section.The Department of Planning Services shall be responsible for processing all applications for all land use case types that refer to this section. A. Any person seeking to apply for land use development shall first arrange for a preapplication conference with the Department of Planning Services. If the land use development application is not submitted within one(1) year of the date of the preapplication conference,a new preapplication conference may be required. B. The applicant may conduct a neighborhood meeting with area landowners. Such meeting is not required but may be suggested by Planning Services staff to encourage communication between the applicant and the neighbors. C. Following submittal of the land use development application, the Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the application submittal and the deadline to provide the missing items.If no written response is submitted to the Department of Planning Services or if the deficiencies are not corrected by the date specified by the Department of Planning Services,the application may be rejected.The nonrefundable application fee set forth in Appendix 5-J of this Code is due upon determination that the application is otherwise complete. D. After staff has determined that the application is complete and the payment of the application fee has been accepted,the process in this subsection shall be followed. 1. Referrals.The Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond may be deemed to be a favorable response.The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with comments regarding any concerns the agency may have.The COUNTY shall consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY.The authority for making the decision to approve or deny the request rests with the COUNTY. 2. Preliminary notice to surrounding property owners.This step shall not apply to Site Plan Reviews.At the time referrals are sent,the Department of Planning Services shall mail notice of the application to those persons listed in the submittal as owners of property located within five hundred (500) feet of the parcel(s) under consideration. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. 3. Initial Review. a. The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made.Additional information may be required. b. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. Page 6 of 56 4. Resubmittal. The applicant shall address the requirements of the staff memo in a single, complete resubmittal. If the applicant fails to submit requested additional or revised application materials within one hundred eighty(180)days of the date the staff memo was provided,the application will be subject to any applicable amendments to the Weld County Code in effect as of the date of resubmittal,additional review may be required,and/or the Director may declare the application withdrawn. 5. Technical Review. a. The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal. b. The Department of Planning Services shall perform a Technical Review of the resubmittal. c. If staff determines any of the required corrections listed in the Initial Review memo have not been sufficiently addressed,staff will provide the applicant with a Technical Review memo describing the deficiencies. d. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. e. If the requirements have not been sufficiently addressed after several rounds of review, a meeting with the applicant and management team, including but not limited to the Director of Planning Services, shall be scheduled. If public hearings are required and the requirements have not been sufficiently addressed after a meeting with the applicant and management team has taken place, the recommendation of staff will be for denial. 6. If the case type requires public hearings before the Planning Commission and/or Board of County Commissioners,the Department of Planning Services shall schedule such hearing(s)and provide notice as follows: a. At least ten (10) days prior to any hearing, notice shall be mailed to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel(s) under consideration. b. Referral agencies that responded to the earlier request for comments may also be notified of the hearing dates. c. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, time, and place, and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph and affidavit. d. Legal notice of hearings shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices.The date of publication shall be at least ten(10)days prior to any hearing. e. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. E. The applicant may withdraw the application at any point in the process.Withdrawal letters shall be submitted, in writing,to the Department of Planning Services and shall be signed by the property owners. Page 7 of 56 ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-4-1200. Uses requiring zoning permits in the agricultural zone district. A.,no change. B. A prcvpplication conference with the Department of Planning Services may be required.lf approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction.All Zoning Permit Plans shall be digitized with electronic signatures and seals or shall be delineated in nonfading permanent black ink on Mvlar or other drafting media approved by the Department of Planning Services with original signatures and seals in permanent black ink. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval,the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing.The applicant shall be notified of the public hearing at least ten (10)days prior to the hearing. Prior to said hearing,the Director of Planning Services may grant a one-time extension of up to ninety (90) days,for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning Services. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board,the zoning permit conditional approval may be rescinded,and the application denied. Delete C.and reletter remaining. C. If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction.All Zoning Permit Plans shall be digitized with electronic signatures shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from of the public hearing at least ten(10)days prior to the h aring. Prior to said hearing,the Director of Planning Services may grant a one time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning Services. If the Board of County Commissioners denies the extension or if the conditions arc not met and the required documents recorded by the date specified by the Board,the zoning permit approval shall be voided, and the application denied. Sec. 23-4-1230. Notification and appeal of denial Procedure. A. The process for a Zoning Permit for Certain Uses in the Agricultural Zone District(ZPAG) shall follow Section 23-2-600 of this chapter. No public hearings are conducted for a ZPAG, except as described in Subsection 23- 4-1230.B below. B. If the requirements have not been sufficiently addressed after a meeting with the applicant and management team, the Department of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision following a public hearing. Page 8 of 56 1. If scheduled for a public hearing before the Board of County Commissioners,the Clerk to the Board shall send notice,mailed first-class,to the applicant and owners of property within five hundred(500)feet of the subject property at least ten(10)days prior to the hearing. 2. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled,the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten(10)days prior to the hearing date and evidenced with a photograph and affidavit. 3. The Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10)days prior to the hearing. 4. The Board of County Commissioners shall consider the application and take final action thereon. The Board shall consider the recommendation of the Department of Planning Services, referral agency responses,the application case file, and facts presented at the public hearing.The Board shall approve the application unless it finds that the applicant has not met one(1)or more applicable requirements of this Code. 5. Following the public hearing, the Board of County Commissioners shall adopt a resolution affirming its decision as to whether to approve or deny the application.The decision of the Board shall be final. 6. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. A. Once an application that is subject of this Division 17 is deemed complete by the Department of Planning with the Department of Planning Services. B. The Department of Planning Services shall send notice, mailed first class, to owners of LOTS within five hundred (500)feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Servic. .,ithi twenty , „(21)day provide a written report to the applicant and provide the applicant comments received from REFERRAL agencies and any objections received from the property owners notified. The applicant shall be given the satisfied with the applicant's efforts to address all concerns,the Director of Planning Services may approve the zoning permit.If the applicant is unwilling or unable to address all concerns to the satisfaction of the Director Co m y C mia ssioners for its nd decision follow bli hearing 1. If scheduled for a public h wring before the Board of County Commissioners,the Clerk to the Board shall send notice, mailed first class,to the applicant and owners of LOTS within five hundred(500)feet of the subject property at least ten(10)days prior to the hearing. 2. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled,the h aring date, and telephone number where further information may be obtained. The sign shall be posted at least ten(10)days prior to the hearing date and evidenced with a photograph. The Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten(10)days prior to the hearing. Page 9 of 56 4. The Board of County Commissioners shall hold a public hearing and consider testimony of owners of 5. Following the public hearing, the Board of County Commissioners shall adopt a resolution affirming its decision as to whether to approve or deny the zoning permit.The decision of the Board shall be final. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. Chapter 24 - Subdivisions ARTICLE V - Minor Subdivision Sec. 24-5-30. Sketch plan submittal requirements. The following Sketch Plan application items are required: A. Application Form. B. Authorization Form,if applicable. C. Minor Subdivision Standards Certification that the application complies with the criteria per Section 24-5-20 of this chapter. D. Deed identifying the surface estate ownership in the property and relevant lease documents. E. Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of Authority documentation. F. Trustee documents if the owner is a trust. G. A Geotechnical Report shall be prepared in compliance with the requirements of Section 24-3-190 of this chapter.The Geotechnical Report,Colorado Geological Survey Submittal Form,and associated review fee will be forwarded to the Colorado Geological Survey(CGS)for review. H. Planning Questionnaire,including, but not limited to: 1. Explain the reason for the Minor Subdivision request. 2. Explain the reason for the proposed division layout. 3. Describe the existing and proposed uses of the property. 4. Describe the existing and proposed potable water source. 5. Describe the existing and proposed sewage disposal system. 6. Describe existing and proposed improvements. 7. Describe any existing and proposed easements and rights-of-way. 8. Describe the existing and proposed access to the site. 9. Describe the current irrigation practices occurring on the site. 10. Describe the unique physical characteristics of the property,including,but not limited to,topography, water bodies,CRP lands,vegetation,floodplains,geohazard areas, MS4,and airport overlay district. Page 10 of 56 11. Detail the location of any on-site oil and gas facilities,irrigation ditches/laterals,pipelines,overhead lines,railroads,etc. Provide the names and addresses of any owner or operator of any oil and gas facilities,irrigation ditches/laterals,pipelines,overhead lines,railroads,etc. I. Water Supply Documentation. A will-serve letter from a water district, association, or municipality that demonstrates the district, association, or municipality has sufficient capacity and infrastructure to serve the proposed development. Provide evidence of existing potable water source(water bill or well permit) on the property,if applicable. J. Sewage Disposal Documentation providing evidence (sanitation district bill or septic permit) of the existing sewage disposal source on the property, if applicable. K. A Septic Suitability Report shall be prepared in compliance with the requirements of Section 24-3-90 of this chapter. L. The Minor Subdivision Sketch Plan map shall include the following information: 1. Title,scale,north arrow,township,range,section,quarter section,and lot numbers. 2. The layout of lots, roads,accesses,and utility easements.Show the width and type of surface of all roads proposed within the Minor Subdivision. 3. Any special flood hazard area, MS4 area,geologic hazard overlay district,or airport overlay district identified in the Weld County Code. 4. Existing structures,utility lines,irrigation ditches,streams,lakes,drainageways,cropland,oil and gas production facilities,plugged and abandoned oil and gas wells,railroads,and any other structure or feature located within the proposed Minor Subdivision. M. A title commitment, including Schedules A, B-1 and B-2, issued by a title insurance company. The title commitment shall expire thirty(30)days from preparation. N. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subiect property.The Statement shall be from the current tax year. 0. A Cultural Resource Inventory. P. A Drainage Narrative shall be submitted in accordance with Section 24-3-200.A of this chapter. Q. A Traffic Narrative shall be submitted in accordance with Section 24-3-220.B of this chapter. R. Any other item(s)deemed necessary by the Departments of Planning Services,Public Works,or Environmental Health Services. S. Application fee. Request Form and meet with the Department of Planning Services to discuss the proposal. Following the Pre Application meeting the applicant may submit a complete Minor Subdivision Sketch Plan application electronically. B. The following Sketch Plan application items arc required: 1. Application Form. 2. Authorization Form,if applicable. 3. Minor Subdivision Standards Certification that the application complies with the criteria per Section 24 5 20 of the Weld County Code. 4. Deed identifying the surface estate ownership in the property and relevant lease documents. 5. Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of n ,thority doc,„nentatior Page 11 of 56 b. Trustee documents if the owner is a Trust. 7. A Ceotechnical Report shall be prepared in compliance with the requirements of Section 24 3 190 of the Weld County Code.The Gcotechnical Report,Colorado Geological Survey Submittal Form and associated feview-fee-v414-43e-f-efwafEted-tre-the-C-434Fa4e-Geel-egi-ea-14-u-r-vey,-(-GGS-)-fe-r-review:- g. Planning Questionnaire,including,but not limited to: a. Explain the reason for the Minor Subdivision request. b. Explain the reason of the proposed division layout. c. Describe the existing and proposed uses of the property. d. Describe the existing and proposed potable water source. c. Describe the existing and proposed sewage disposal system. f. Describe existing and proposed improvements. g. Describe any existing and proposed casements and rights of way. h. Describe the existing and proposed access to the site. Describe the current irrigation practices occurring on the site. j. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies, CRP lands, vegetation, floodplains, gcohazard ar as, MS4 and airport overlay district. k. Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities,irrigation ditches/laterals, pipelines,overhead lines,railroads,etc. 8. Water Supply Documentation. A will serve letter from a water district, association or municipality that demonstrates the district,association or municipality has sufficient capacity and infrastructure to serve on the property,if applicable. 10. Sewage Disposal Documentation.Provide evidence of existing sewage disposal source(sanitation district bill or septic permit)on the property, if applicable. 11. A Septic Suitability Report shall be prepared in compliance with the requirements of Section 24 3 90 of the Weld County Code. 12. The Minor Subdivision Sketch Plan map shall include the following information: a. Title,scale,north arrow,township,range,section,quarter section and lot numbers. b. The layout of lots,roads,accesses,and utility easements.Show the width and type of surface of all c. Any special flood hazard area,MS4area,geologic hazard overlay district,or airport overlay districts identified in the Weld County Code. d. Existing structures, utility lines, irrigation ditches, streams, lakes, drainageways, cropland,oil and gas production facilities,plugged or abandoned oil and gas wells,railroads and any other structure 13. A title commitment, including Schedules A, B 1 and B 2, issued by a title insurance company. The title commitment shall expire thirty(30)days from preparation. 11. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subject property.The Statement shall be from the current tax year. Page 12 of 56 15. A Cultural Resource Inventory. 16. A Drainage Narrative shall be submitted in accordance with Section 24 3 200.A of the Weld County Code, as amended. 17. A Traffic Narrative shall be submitted in accordance with Section 24 3 220.E of the Weld County Code, as amended. 18. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works or Environmental Health Services. 19. Application fcc. Sec. 24-5-40. Sketch plan procedure. The process for a Minor Subdivision Sketch Plan shall follow Section 24-13-10 of this chapter.No public hearings are conducted for a Minor Subdivision Sketch Plan and no plan or resolution is recorded as part of the procedure. ssed according to the following procedure: 1. The applicant shall submit a Minor Subdivision Sketch Plan application to the Department of Planning Services for review.The Planner shall have the responsibility of ensuring that all application submittal requirements are met prior to processing the application. Upon determination that the application is complete,the application fee shall be paid. 2. Once the Sketch Plan application is deemed complete and the fee paid, the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary. A list of referral agencies is located in Appendix 23 G of the Weld County Code, as amended.The referral agencies shall be given twenty one(21)days to respond from the date of notice. The failure of any agency to respond within twenty one(21) days shall be deemed a response with no concerns.All referral agency review comments arc considered recommendations to the County. 3. The Planner will prepare a Staff Report within sixty(60)days of receipt of a complete application. The Staff Report shall contain a review of the Sketch Plan application and direction on how to proceed with the Final Plan submittal.The Staff Report shall address all aspects of the application,including, but not limited to,referral agency comments and compliance with the regulations contained in the Weld County Code, as amended. 4. The Department of Planning Services will provide an opinion if the application has demonstrated compliance with the Overview and Standards per Sections 24 5 10 and 24 5 20 of the Weld County Code, as amended. 5. No plan or resolution is recorded as part of the Sketch Plan procedure. 4-- The applicant may withdraw the application at any point in this process. Withdrawal letters shall be submitted,in writing,to the Department of Planning Services and shall be signed by the property owners. Sec. 24-5-50. Change of zone. A. The Minor Subdivision process may include a Change of Zone application as described in Chapter 23,Article II, Division 1 of the Weld County Code, as amended, and shall be processed after the Minor Subdivision Sketch Plan application.A Change of Zone,if required,shall be processed after the Sketch Plan and in accordance with Chapter 23, Article II, Division 1, of this Code. In the event a Change of Zone application, if required, has not been submitted within one(1)year of the date of the Sketch Plan memorandum,a new Sketch Plan application may be required prior to acceptance of a Change of Zone application. B. A Minor Subdivision Change of Zone application may be applied for and processed consecutively prior to or concurrently with the Minor Subdivision Final Plan (MINF)application. Page 13 of 56 C. If a Change of Zone is a component of the development,the Minor Subdivision Final Plat shall not be recorded until the Change of Zone plat is recorded. If the Change of Zone is denied,the applicant may not proceed with the Final Plan application. D. The completedA Change of Zone plat shall or y-show the boundary(iesj of the parcelji to be changed,and-ne No proposed internal lot lines of the Minor Subdivision shall be shown. E. is approved and recorded in the Weld County Clerk and Recorder's Office and the improvements be constructed per the terms of the Improvements Agrcement.lf the land division requires public water,prior to submitting an application the applicant shall provide a contractual guarantee from the public water provider. The agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the Minor Subdivision. Documentation shall address the primary conditions of service including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights, et cetera, per the requirements detailed in C.R.S § 29-20-304. The agreement and supplemental documentation shall be reviewed and determined sufficient by the Weld County Attorney's Office prior to acceptance of the application. F. if the Change of Zone is denied, the applicant may not proceed with the Final Plan application.lf the land division requires public sewer, prior to submitting an application the applicant shall provide a contractual guarantee from the public sewer provider.The agreement and supplemental documentation shall be reviewed and accepted by the Weld County Attorney's Office prior to acceptance of the application. Delete G and reletter. C. Prior to submitting a Minor Subdivision Change of Zonc application, the applicant shall submit a Prc Following the Pre Application meeting and acceptance of the items detailed in Section 24-5 50.H of the Weld 44G. Prior to submitting a In addition to the submittal requirements listed in Section 23-2-50, a Minor Subdivision Change of Zone application shall include,the applicant shall submit the following items to the Department of Planning Services: Delete 1.and 2 and renumber. 1. A contractual guarantee from the public water provider to serve the proposed Minor Subdivision.The agreement shall demonstrate that the water quality and quantity arc sufficient to meet the requirements including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights, et cetera, per the requirements detailed in C.R.S § 29 20 301. The agreement and supplemental documentation shall be reviewed and determined sufficient by the Weld County Attorney's Office prior to acceptance of the Change of Zone application. 2. A contractual guarantee from the public sanitation provider to serve the proposed Minor Subdivision,if applicable. The agreement and supplemental documentation shall be reviewed and determined sufficient by the Weld County Attorney's Office prior to acceptance of the Change of Zone application. 31. Written correspondence between the applicant and referral agencies addressing the comments and concerns detailed in the Sketch Plan Staff Reportstaff memo.Correspondence shall be submitted for all referral agencies,including those that did not respond to the Sketch Plan application proposal. 42. A statement that addresses any potential non-compliance with the Weld County Code as identified in the Sketch Plan Staff Report staff memo with an explanation of how the issues will be addressed or resolved. Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan application for the site. The Department of Planning Services is responsible for determining whether a major change exists. Page 14 of 56 43. Written correspondence between the applicant and representatives of the area utility service providers which demonstrates demonstrating that there are adequate utility provisions available to serve the development. 64. A Surface Use Agreement with mineral owners associated with the subject property, if applicable.Such agreement shall stipulate that the oil and gas activities and hard rock minerals on the subject property have been adequately incorporated into the design of the site.Alternatively,the applicant shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. Sec. 24-5-60. Final plan submittal requirements. The following Final Plan application items are required: A. Application Form. B. Authorization Form,if applicable. C. Deed identifying the surface estate ownership in the property and relevant lease documents. D. Articles of Organization or Incorporation documents if the owner is a business entity, including Statement/Delegation of Authority documentation. E. Trustee documents if the owner is a trust. F. Planning Questionnaire,including,but not limited to: 1. Explain the reason for the Minor Subdivision request. 2. Explain the reason for the proposed division layout. 3. Describe the existing and proposed uses of the property. 4. Describe the existing and proposed potable water source. 5. Describe the existing and proposed sewage disposal system. 6. Describe existing and proposed improvements. 7. Describe any existing and proposed easements and rights-of-way. 8. Describe the existing and proposed access to the site. 9. Describe the current irrigation practices occurring on the site. 10. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies,CRP lands,floodplains,geohazard areas, MS4,and airport overlay district. 11. Detail the location of any on-site oil and gas facilities,irrigation ditches/laterals,pipelines,overhead lines, railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals,pipelines,overhead lines,railroads,etc. G. Copies of any agreements or easements regarding irrigation ditches, pipelines, overhead lines, or railroad crossings,if applicable. H. A draft final plat prepared according to the requirements of Section 24-5-80 of this chapter in electronic PDF format. I. A signed buffer report and affidavit of the names,addresses,and parcel numbers of the surrounding property owners within five hundred (500) feet of the property. The buffer report shall expire thirty (30) days from preparation. J. A title commitment, including Schedules A, B-1 and B-2, issued by a title insurance company. The title commitment shall expire thirty(30)days from preparation. Page 15 of 56 K. Copies of any covenants,grants of easement,or restrictions imposed on the land and/or structures within the Minor Subdivision. L. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject property.The Statement shall be from the current tax year. M. If a community meeting is held,a sign-in sheet,minutes,and summary. N. A Final Drainage Report per Section 24-3-200.0 of this chapter,if required. 0. A Traffic Impact Study per Section 24-3-220.C,of this chapter, if required. P. Written correspondence between the applicant and referral agencies addressing the comments and concerns detailed in the staff memos for the Sketch Plan and Change of Zone. Q. A statement that addresses any potential non-compliance with the Weld County Code, as identified in the Sketch Plan staff memo with an explanation of how the issues will be addressed or resolved. Major changes from a reviewed Sketch Plan may require submittal of a new Sketch Plan application. The Department of Planning Services is responsible for determining whether a major change exists. If more than one(1)year has elapsed since the signed Sketch Plan staff memo,submittal of a new Sketch Plan application may be required prior to submittal of the Final Plan application. R. Written correspondence between the applicant and representatives of the area utility service providers demonstrating that there are adequate utility provisions available to serve the development. S. A Surface Use Agreement with mineral owners associated with the subject property, if applicable. Such agreement shall stipulate that the oil and gas activities and hard rock minerals on the subject property have been adequately incorporated into the design of the site. Alternatively, the applicant shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. T. Any other item(s)deemed necessary by the Departments of Planning Services, Public Works,or Public Health and Environment, Environmental Health Services Division. U. Application fee. A. Prior to submitting a Minor Subdivision Final Plan application, the applicant shall submit a Pre Application Request Form and meet with the Department of Planning Services to discuss the proposal. Following the Prc Application meeting and acceptance of the items detailed in Section 24 5 60.B of the Weld County Code, as amended, the applicant may submit a complete Minor Subdivision Final Plan application electronically. If a Minor Subdivision involves a Change of Zone, processed concurrently with the Final Plan, no separate Pre Application meeting is required. R. Prior to submitting a Minor Subdivision Final Plan application, the applicant shall submit the following items to the Department of Planning Services: 1. A contractual guarantee from the public water provider to serve the proposed Minor Subdivision. The agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the Minor Subdivision.Documentation shall address the primary conditions of service including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights,etc.per the requirements detailed in C.R.S§29 20 304.The agreement and supplemental documentation shall be reviewed and accepted by the Weld County Attorney's Office prior to acceptance of the Final Plan application. If the water service agreement expires prior to the Board of County Commissioners hearing,the applicant is responsible for providing an updated agreement. 2. A contractual guarantee from the public sanitation provider to serve the proposed Minor Subdivision,if applicable. The agreement and supplemental documentation shall be reviewed and accepted by the Weld County Attorney's Office prior to acceptance of the Final Plan application. Page 16 of 56 3. Written correspondence between the applicant and referral agencies addressing the comments and concerns detailed in either the Sketch Plan Staff Report or Change of Zone Resolution. Correspondence shall be submitted for all referral agencies, including those that did not respond to the Sketch Plan or Change of Zone applications. 4 A statement that addresses any potential non compliance with the Weld County Code, as amended, as identified in the Sketch Plan Staff Report with an explanation of how the issues will be addressed or resolved. Major changes from a reviewed Sketch Plan or Change of Zone may require a resubmittal of a new Sketch Plan or Change of Zone for the site. The Department of Planning Services is responsible for determining whether a major change exists. When more than one(1)year has elapsed since the signed Sketch Plan Staff Report, a resubmittal of a new Sketch Plan for the site may be required prior to submittal of the Final Plan application. When more than three (3) years has elapsed since the signed Change of Zone Resolution,a resubmittal of a new Change of Zone for the site may be required prior to submittal of the Final Plan application. S. Written correspondence between the applicant and representative of the area utility service providers which demonstrates that there arc adequate utility provisions available to serve the development. 6. A Surface Use Agreement with mineral owners associated with the subject property, if applicable. Such agreement shall stipulate that the oil and gas activities and hard rock minerals on the subject property have been adequately incorporated into the design of the site.Alternatively,the applicant shall provide written evidence that an adequate attempt has been made to miti.ate the concerns of the mineral owners on the subject property. �— The following Final Plan application items arc required: 1. Application Form. 2. Authorization Form,if applicable. 3. Deed identifying the surface estate ownership in the property and relevant I ase documents. 4. Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of Authority documentation. 5. Trustee documents if the owner is a Trust. 6. Planning Questionnaire,including,but not limited to: a. Explain the reason for the Minor Subdivision request. b. Explain the r ason of the proposed division layout. c. Describe the existing and proposed uses of the property. d. Describe the existing and proposed potable water source. c. Describe the existing and proposed sewage disposal system. f. Describe existing and proposed improvements. g. Describe any existing and proposed casements and rights of way. h. Describe the existing and proposed access to the site. i. Describe the current irrigation practices occurring on the site. j. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies, CRP land floodplain „hazard MSS nd „ft „ erlay district. Page 17 of 56 k. Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities,irrigation ditches/laterals, pipelines,overhead lines, railroads,etc. 7. Any irrigation ditches, pipelines, overhead lines and/or railroad crossing or casement agreements, if applicable. 8. The recorded Change of Zone plat,unless the Change of Zone and Final Plan arc filed concurrently. 9. Draft Final Plan land survey plat prepared according to the plat requirements per Section 24 5 80 of the Weld County Code,as amended. 10. A signed buffer report and affidavit of the names, addresses, and parcel numbers of the surrounding property owners within five hundred(500)feet of the property.The buffer report shall expire thirty(30) days from preparation. 11. A title commitment, including Schedules A, B 1 and B 2, issued by a title insurance company. The title commitment shall expire thirty(30)days from preparation. 12. Provide any covenants,grants of casement and restrictions imposed on the land and/or structures within 13. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject property.The Statement shall be from the current tax year. 14. If a community meeting is held, provide a sign in sheet,minutes,and summary. 15. A Final Drainage Report per Section 24 3 200.0 of the Weld County Codc,as amended,if required. 16. A Traffic Impact Study per Section 24 3 220.C,of the Weld County Code,as amended,if required. 17. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works or Public Health n d Enyi.......ent Enyi.......ental L ealth Services Division 18. Application fee. Sec. 24-5-70. Final plan procedure. A. Prior to submitting an application, the applicant shall provide a contractual guarantee from the public water provider. The agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the Minor Subdivision. Documentation shall address the primary conditions of service including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights, et cetera, per the requirements detailed in C.R.S § 29-20-304. The agreement and supplemental documentation shall be reviewed and determined sufficient by the Weld County Attorney's Office prior to acceptance of the application. B. If the land division requires public sewer, prior to submitting an application, the applicant shall provide a contractual guarantee from the public sewer provider.The agreement and supplemental documentation shall be reviewed and accepted by the Weld County Attorney's Office prior to acceptance of the application. C. The process for a Minor Subdivision Final Plan shall follow Section 24-13-10 of this chapter. Public hearings before the Planning Commission and Board of County Commissioners are required. D. At its public hearing, the Planning Commission shall consider the Final Plan application and provide a recommendation to the Board of County Commissioners. The Planning Commission shall consider the recommendation of the Department of Planning Services,referral agency responses,the application case file, and facts presented at the public hearing. The Planning Commission shall recommend approval of the application unless it finds that the applicant has not met one(1)or more applicable requirements of this Code. The Department of Planning Services shall forward the Planning Commission recommendation to the Clerk to the Board within ten(10)days of the Planning Commission hearing. Page 18 of 56 E. At its public hearing, the Board of County Commissioners shall consider the Final Plan application and take final action thereon.The Board of County Commissioners shall consider the recommendations of the Planning Commission and the Department of Planning Services, referral agency responses,the application case file,and facts presented at the public hearing.The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code. Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board. F. If approved,and upon completion of the conditions of approval and recording of the Improvements Agreement per Section 24-2-40 of this chapter, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services.The Final Plan is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. G. No development,including but not limited to grading,shall commence prior to recording of the Improvements Agreement and Final Plat. A. The Minor Subdivision Final Plan application shall be processed according to the following procedure: 1. The applicant shall address the concerns and conditions in the signed Sketch Plan Staff Report in writing. Evidence of such shall be submitted to the Department of Planning Services for review. 2. Once the Sketch Plan concerns and conditions have been addrused and, if applicable, an associated Change of Zone application has been submitted,the applicant shall submit a Final Plan application to the Department of Planning Services for review.The Planner shall have the responsibility of ensuring that all application submittal requirements arc met prior to processing the application.Upon determination that the Final Plan application is complete,the application fee shall be paid. 3. Once the Final Plan application is deemed complete and the fee paid, the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary. A list of referral agencies is located in Appendix 23 G of the Weld County Code, as amended.The referral agencies shall be given twenty eight(28)days to respond from the date of notice. owners within five hundred (500) feet of the subject Minor Subdivision.The failure of any agency or surrounding property owner to respond within twenty eight(28)days may be deemed a response with no concerns.All referral agency review comments arc considered recommendations to the County.The authority and responsibility for approval or denial of a Minor Subdivision Final Plan application rests with the County. 4. The Planner will prepare a Staff Report within sixty(60) days of receipt of a complete Final Plan Report shall address all aspects of the application,including,but not limited to,referral agency and surrounding property owner comments and compliance with the regulations contained in the Weld County Code, as amended.The Department of Planning Services will review the application and determine if the applicant has demonstrated compliance with the Overview and Standards per Sections 21 5 10 and 24 5 20 of the Weld County Code,as amended. The Planner shall schedule the Planning Commission and the Board of County Commissioners public h arings.Legal notice and posting of both hearings shall be concurrent. C. The applicant shall provide notice to any mineral estate interests as required by Section 24 65.5 103(3), C.R.S. Notification of Mineral Interest Owners and Lessees must occur at least thirty (30) days prior to the initial public h wring. Certification of such notice shall be submitted before the date of the initial public hearing,per Section 21 65.5 103(1),C.R.S. 7. Prior to the Planning Commission hearing, sign posting, legal publication, and surrounding property owner notification shall be required. Page 19 of 56 a. The Planner shall post a sign with case information on the property under consideration for the road right of way. In the event the property under consideration is not adjacent to a publicly maintained road right of way, one (1) sign shall be posted in the most prominent place on the property and a second sign shall be posted where a driveway(access drive)intersects a publicly maintained road right of way.The Department of Planning Services shall certify that the sign has been posted the ten (10) days preceding the hearing date, evidenced with an affidavit and b. The Department of Planning Services shall arrange for legal notice of the Planning Commission h aring to be published in the newspaper designated by the Board of County Commissioners for publication of notices.The date of publication shall be at least ten(10)days prior to the hearing. c. The Department of Planning Services shall give notice of the Minor Subdivision and the public hearing dates to those persons listed in the application as owners of property located within five hundred(500)feet of the Minor Subdivision.Such notification shall be mailed,first class,not less supplying such list,or the Department of Planning Services in sending such notice,shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a d. Prior to the Planning Commission hearing, the Department of Planning Services shall draft a Planning Commission Resolution setting forth the recommendation to the Board of County Commissioners. Record of such action and a copy of the Resolution will be kept in the files of the 8. At the public hearing, the Planning Commission shall consider the Minor Subdivision application and Minor Subdivision application unless it finds that the applicant has not met one (1) or more of the Overview and Standards per Sections 21 5 10 and 21 5 20 of the Weld County Code,as amended. 10. Prior to the Board of County Commissioners hearing,legal publication,and surrounding property owner notification shall be required. The Clerk to the Board shall draft a Board of County Commissioner Resolution. application and take final action thereon. The Board of County Commissioners' decision shall consider the ndation of the Planning Commi lion and the Planner, referral agency responses, the shall approve the Minor Subdivision application unless it finds that the applicant has not met one(1)or ^f the Overview and Standards . r Section.- 2 5 10 and 21 5 20 of the Weld County Code, as amended. a. If the Minor Subdivision is denied by the Board of County Commissioners, neither the applicant nor their successors or assigns may apply for a new Minor Subdivision for five(5)years from the hearing date,located on any portion of the property contained in the original application. b. If the Minor Subdivision is conditionally approved by the Board of County Commissioners, the applicant shall address the conditions of approval enumerated in the Resolution.The revised draft land survey plat shall be submitted to the Department of Planning Services for review by Planning and Public Works staff. Page 20 of 56 12. Record of the Board of County Commissioner determination and signed Resolution shall be kept in the files of the Clerk to the Board and recorded by the Clerk and Recorder. 13. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner.The plat shall be signed and notarized by the property 11. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. 15. The Minor Subdivision is approved and binding on the date the plat is recorded with the Weld County Clerk and Recorder. 16. No building permits shall be issued, and no development shall commence until the Minor Subdivision rinal Plat is approved and recorded in the Weld County Clerk and Recorder's Office and the improvements be constructed per the terms of the Improvements Agreement. 17. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be Sec. 24-5-80. Final plat requirements. The Minor Subdivision Final Plat shall meet the following requirements: A. The plat shall be prepared by a registered professional land surveyor in the State of Colorado. B. The final plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width, unless otherwise approved by the Department of Planning Services.The draft plat shall be submitted electronically in PDF format. C. The plat shall contain a north arrow and a scale. The drawing shall be at a scale of one (1) inch equals one hundred (100)feet or(1) inch equals two hundred (200)feet.Vicinity maps shall be at a minimum scale of(1) inch equals two thousand(2,000)feet.The font shall not be less than ten(10)point in size.Plats drawn to other scales must be approved,in writing,by the Department of Planning Services. D. The plat shall be titled as"Minor Subdivision"followed by the assigned case number. E. The Minor Subdivision lots shall be designated in ascending numerical order,on the plat and legal description. F. If lots surrounding the Minor Subdivision are not involved in the subject Minor Subdivision they shall be labeled "Not a Part". G. The plat shall include a complete and accurate legal description of the parent parcel and the lots being created. H. The plat shall bear the certifications shown in Appendix 24-A to this chapter. I. The plat shall contain the original signatures and seals in permanent ink. No signatures or seals are required on the draft plat. J. The plat shall delineate the location of all existing and proposed driveways and accesses associated with the Minor Subdivision. K. The plat shall include the names of any existing roads or highways abutting the proposed Minor Subdivision property. L. The plat shall include the roadway right-of-way adjacent to the parcel as well as the physical location of the roadway. M. The plat shall delineate all existing and future easements or rights-of-way located on the Minor Subdivision property. Page 21 of 56 N. The plat shall show all unique physical characteristics of the Minor Subdivision property, including, but not limited to,irrigation canals and waterbodies,floodplains,and geohazard areas. O. The plat shall include a vicinity map. The vicinity map shall locate the Minor Subdivision lots with respect to adjacent roads, municipal limits, ditches, railroads, etc.The subject section and dashed quarter section lines shall be shown and labeled. P. The plat shall show the location of any active, shut-in, or plugged and abandoned oil and gas wells and tank batteries. Q. All work shall comply with the requirements of Sections 38-50-101 and 38-51-101 et seq.,C.R.S. R. All work shall comply with the requirements of the Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors and the Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors - Board Policy Statement. A. The Minor Subdivision revised draft plat shall be submitted once an application is approved.The applicant shall Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat.There may be subsequent rounds of review. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld requirements shall be recorded within one hundred eighty(180)days from the date of approval by the Board of County Commissioners.The applicant shall be responsible for paying the recording fee. B. The Minor Subdivision plat shall meet the following requirements: 1. The plat shall be prepared by a registered professional land surveyor in the State of Colorado. 2. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar.The size of each shall be twenty four(24)inches in height by thirty six(36)inches in width,unless 3. The plat shall contain a north arrow and a scale.The drawing shall be at a scale of one (1)inch equals one hundred (100)feet or(1) inch equals two hundred(200)feet. Vicinity maps shall be at a minimum scale of(1) inch equals two thousand(2,000)feet.The font shall not be less than ten (10) point in size. Plats drawn to other scales must be approved,in writing,by Planning Staff. .1. The plat shall be titled as"Minor Subdivision"followed by the assigned case number. 5. The Minor Subdivision lots shall be designated in ascending numerical order, on the plat and legal- description. 6. If lots surrounding the Minor Subdivision are not involved in the subject Minor Subdivision they shall be labeled "Not a Part". 7. The plat shall include a complete and accurate legal description of the parent parcel and the lots being created. g. _ The plat shall bear the certifications shown in Appendix 2.4 A to this Chapte. '). The plat shall contain the original signatures and seals in permanent ink. 10. The plat shall delineate the location of all existing and proposed driveways and accesses associated with 11. The plat shall include the names of any existing roads or highways abutting the proposed Minor Page 22 of 56 12. The plat shall include the roadway right of way adjacent to the parcel as well as the physical location of the roadway. 13. The plat shall delineate all existing and future asements or rights of way located on the Minor 14. The plat shall show all unique physical characteristics of the Minor Subdivision property, including, but not limited to, irrigation canals and waterbodics,floodplains and geohazard areas. 15. The plat shall include a vicinity map.The vicinity map shall locate the Minor Subdivision lots with respect to adjacent roads,municipal limits,ditches,railroads,etc.Show and label the subject section and dashed quarter section lines. 16. The plat shall show the location and setback radii of any active, shut in or plugged and abandoned oil and gas wells and tank batteries. 17. All work shall comply with the requirements of Sections 38 50 101 and 38 51 101 et.seq., C.R.S. 18. All work shall comply with the requirements of the Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors and the Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors Board Policy Statement. ARTICLE VI - Rural Land Division Sec. 24-6-30. Sketch plan submittal requirements. The following application items are required: A. Application Form. B. Authorization Form,if applicable. C. Rural Land Division Standards Certification that the application complies with the criteria per Section 24-6-20 of this chapter. D. Deed identifying the surface estate ownership in the property and relevant lease documents. E. Articles of Organization or Incorporation documents if the owner is a business entity, including Statement/Delegation of Authority documentation. F. Trustee documents if the owner is a trust. G. A Geotechnical Report shall be prepared in compliance with the requirements of Section 24-3-190 of this chapter.The Geotechnical Report, Colorado Geological Survey Submittal Form,and associated review fee will be forwarded to the Colorado Geological Survey(CGS)for review. H. Planning Questionnaire,including,but not limited to: 1. Explain the reason for the Rural Land Division request. 2. Explain the reason for the proposed division layout. 3. Describe the existing and proposed uses of the property. 4. Describe the existing and proposed potable water source. 5. Describe the existing and proposed sewage disposal system. 6. Describe existing and proposed improvements. 7. Describe any existing and proposed easements and rights-of-way. Page 23 of 56 8. Describe the existing and proposed access to the site. 9. Describe the current irrigation practices occurring on the site. 10. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies,CRP lands,vegetation,floodplains,geohazard areas,MS4,and airport overlay district. 11. Detail the location of any on-site oil and gas facilities,irrigation ditches/laterals,pipelines,overhead lines, railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals, pipelines,overhead lines,railroads,etc. I. Water Supply Documentation. A will-serve letter from a water district, association or municipality that demonstrates the district, association or municipality has sufficient capacity and infrastructure to serve the proposed development. Provide evidence of existing potable water source (water bill or well permit) on the property, if applicable. J. Sewage Disposal Documentation providing evidence (sanitation district bill or septic permit) of the existing sewage disposal source on the property, if applicable. K. A Septic Suitability Report shall be prepared in compliance with the requirements of Section 24-3-90 of this chapter. L. The Rural Land Division Sketch Plan map shall include the following information: 1. Title,scale,north arrow,township,range,section,quarter section,and lot numbers. 2. The layout of lots,roads,accesses,and utility easements.Show the width and type of surface of all roads proposed within the Rural Land Division. 3. Any special flood hazard area, MS4 area, geologic hazard overlay district, or airport overlay district identified in the Weld County Code. 4. Existing structures, utility lines, irrigation ditches, streams, lakes, drainageways, cropland, oil and gas production facilities, plugged and abandoned oil and gas wells, railroads, and any other structure or feature located within the proposed Rural Land Division. M. A title commitment, including Schedules A, B-1 and B-2, issued by a title insurance company. The title commitment shall expire thirty(30)days from preparation. N. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subiect property.The Statement shall be from the current tax year. 0. A Drainage Narrative shall be submitted in accordance with Section 24-3-200.A of this chapter. P. A Traffic Narrative shall be submitted in accordance with Section 24-3-220.B of this chapter. Q. Any other item(s)deemed necessary by the Departments of Planning Services,Public Works or Environmental Health Services. R. Application fee. A. Prior to submitting a Rural Land Division Sketch Plan application,thc applicant shall submit a Prc Application- Request Form and meet with thc Department of Planning Services to discuss the proposal. Following the Prc electronically.The following application items arc required: 1. Application Form. 2. Authorization Form, if applicable. 3. Rural Land Division Standards Certification that the application complies with the criteria per Section 24 6 20 of the Weld County Code. 4. Deed identifying the surface estate ownership in the property and relevant lease documents. Page 24 of 56 5. Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of Authority documentation. 6. Trustee documents if the owner is a Trust. 7. A Geotechnical Report shall be prepared in compliance with the requirements of Section 24 3 190 of the Weld County Code.The Geotechnical Report,Colorado Geological Survey Submittal Form and associated review fee will be forwarded to the Colorado Geological Survey(CGS)for review. 8. Planning Questionnaire,including,but not limited to: a. Explain the reason for the Rural Land Division request. b. Explain the r ason of the proposed division layout. c. Describe the existing and proposed uses of the property. d. Describe the existing and proposed potable water source. c. Describe the existing and proposed sewage disposal system. f. Describe existing and proposed improvements. g. Describe any existing and proposed easements and rights of way. h. Describe the existing and proposed access to the site. i. Describe the current irrigation practices occurring on the site. j. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies, CRP lands, vegetation, floodplains, geohazard areas, MS1 and airport overlay district. k. Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals, pipelines,overh ad lines, railroads,etc. 9. Water Supply Documentation. A will serve letter from a water district, association or municipality that demonstrates the district, association or municipality has sufficient capacity and infrastructure to serve the proposed development.Provide evidence of existing potable water source{water bill or well permit) on the property,if applicable. 10. Sewage Disposal Documentation.Provide evidence of existing sewage disposal source(sanitation district bill or septic permit)on the property,if applicable. 11. A Septic Suitability Report shall be prepared in compliance with the requirements of Section 24 3 90 of the Weld County Code. 12. The Rural Land Division Sketch Plan map shall include the following information: a. Title,scale, north arrow,township,range,section,quarter section and Lot numbers. b. The layout of lots,roads,accesses,and utility casements.Show the width and type of surface of all roads proposed within the Rural Land Division. c. Any special flood hazard ar a,MS1 ar a,geologic hazard overlay district,or airport overlay districts identified in the Weld County Code. d. Existing structures, utility lines, irrigation ditches, str ams, lakes, drainageways, cropland, oil and gas production facilities,plugged or abandoned oil and gas wells,railroads and any other structure or feature located within the proposed Rural Land Division. 13. A title commitment, including Schedules A, B 1 and B 2, issued by a title insurance company. The title commitment shall expire thirty(30)days from preparation. Page 25 of 56 11. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subject property.The Statement shall be from the current tax year. 15. A Drainage Narrative shall be submitted in accordance with Section 21 3 200.A of the Weld County Code, as amended. 16. A Traffic Narrative shall be submitted in accordance with Section 24 3 220.E of the Weld County Code, as amended. 17. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works or environmental Health Services. 18. Application fee. Sec. 24-6-40. Sketch plan procedure. The process for a Rural Land Division Sketch Plan shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Rural Land Division Sketch Plan and no plan or resolution is recorded as part of the procedure. A. A Rural Land Division Sketch Plan application shall be processed according to the following procedure: 1. The applicant shall submit a Rural Land Division Sketch Plan application to the Department of Planning Services for review. The Planner shall have the responsibility of ensuring that all application submittal requirements arc met prior to processing the application. Upon determination that the application is .,lete the plication fcc shall be rain Once the Sketch Plan application is deemed complete and the fee paid, the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary. A list of referral agencies is located in Appendix 23 G of the Weld County Code, as amended.The referral agencies shall be given twenty one(21)days to respond from the date of notice. concerns.All referral agency review comments arc considered recommendations to the County. 3. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application. The Staff Report shall contain a review of the Sketch Plan application and direction on how to proceed with the Final Plan submittal. The Staff Report shall address all aspects of the application, including, but not Code,as amended. 4. The Department of Planning Services will provide an opinion if the application has demonstrated compliance with the Overview and Standards per Sections 21 6 10 and 21 6 20 of the Weld County Code, as amended. 5. No plan or resolution is recorded as part of the Sketch Plan procedure. 6. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be Sec. 24-6-50. Final plan submittal requirements. The following Final Plan application items are required: A. Application Form. B. Authorization Form,if applicable. C. Deed identifying the surface estate ownership in the property and relevant lease documents. Page 26 of 56 D. Articles of Organization or Incorporation documents if the owner is a business entity, including Statement/Delegation of Authority documentation. E. Trustee documents if the owner is a trust. F. Planning Questionnaire,including,but not limited to: 1. Explain the reason for the Rural Land Division request. 2. Explain the reason for the proposed division layout. 3. Describe the existing and proposed uses of the property. 4. Describe the existing and proposed potable water source. 5. Describe the existing and proposed sewage disposal system. 6. Describe existing and proposed improvements. 7. Describe any existing and proposed easements and rights-of-way. 8. Describe the existing and proposed access to the site. 9. Describe the current irrigation practices occurring on the site. 10. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies,CRP lands,floodplains,geohazard areas, MS4,and airport overlay district. 11. Detail the location of any on-site oil and gas facilities,irrigation ditches/laterals,pipelines,overhead lines, railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals,pipelines,overhead lines,railroads,etc. G. Copies of any agreements or easements regarding irrigation ditches, pipelines, overhead lines, or railroad crossings,if applicable. H. A draft final plat prepared according to the requirements of Section 24-6-70 of this chapter in electronic PDF format. I. A signed buffer report and affidavit of the names,addresses,and parcel numbers of the surrounding property owners within five hundred (500) feet of the property. The buffer report shall expire thirty (30) days from preparation. J. A title commitment, including Schedules A, B-1 and B-2, issued by a title insurance company. The title commitment shall expire thirty(30)days from preparation. K. Copies of any covenants,grants of easement,or restrictions imposed on the land and/or structures within the Rural Land Division. L. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject property.The Statement shall be from the current tax year. M. If a community meeting is held,a sign-in sheet, minutes,and summary. N. A Final Drainage Report per Section 24-3-200.0 of this chapter,if required. O. A Traffic Impact Study per Section 24-3-220.C,of this chapter,if required. P. Written correspondence between the applicant and referral agencies addressing the comments and concerns detailed in the Sketch Plan staff memo. Q. A statement that addresses any potential non-compliance with the Weld County Code, as identified in the Sketch Plan staff memo with an explanation of how the issues will be addressed or resolved. Major changes from a reviewed Sketch Plan may require submittal of a new Sketch Plan application. The Department of Planning Services is responsible for determining whether a major change exists. If more than one(1)year has Page 27 of 56 elapsed since the signed Sketch Plan staff memo,submittal of a new Sketch Plan application may be required prior to submittal of the Final Plan application. R. Written correspondence between the applicant and representatives of the area utility service providers demonstrating that there are adequate utility provisions available to serve the development. S. A Surface Use Agreement with mineral owners associated with the subject property, if applicable. Such agreement shall stipulate that the oil and gas activities and hard rock minerals on the subject property have been adequately incorporated into the design of the site. Alternatively, the applicant shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. T. Any other item(s)deemed necessary by the Departments of Planning Services, Public Works,or Public Health and Environment, Environmental Health Services Division. U. Application fee. A. Prior to submitting a Rural Land Division Final Plan application,the applicant shall submit the following items to the Department of Planning_Services: 1. A contractual guarantee from the public water provider to serve the proposed Rural Land Division.The rights. et cetera. per the requirements detailed in C.R.S§29 20 304. The agreement and supplemental 2. A contractual guarantee from the public sanitation provider to serve the proposed Rural Land Divi ion. if 3. Written correspondence between the applicant and referral agencies addressing the comments and concerns detailed in the Sketch Plan Staff Report. Correspondence shall be submitted for all referral agencies,including those that did not respond to the Sketch Plan Staff Report proposal. /I. A statement that addresses any potential non compliance with the Weld County Code, as amended, as resolved. Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for exists.When more than one(1)ycvr has elapsed since the signed Sketch Plan Staff Report,a resubmittal of a new Sketch Plan for the site may be required prior to submittal of the Final Plan application. 5. Written correspondence between the applicant and representative of the ar a utility service providers which demonstrates that there arc adequate utility provisions available to serve the development. 6. A Surface Use Agreement with mineral owners associated with the subject property, if applicable. Such agreement shall stipulate that the oil and .as activities and hard rock minerals on the subject property have been adequately incorporated into the design of the site.Alternatively,the applicant shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. 8. Prior to submitting a Rural Land Division Final Plan application, the applicant shall submit a Pre Application Request Form and meet with the Department of Planning Services to discuss the proposal. Following the Pre following'a plication items a .,..I• 1. 5.,no change. Page 28 of 56 6. Planning Questionnaire,including,but not limited to: a.,no change. b. Explain the reason of the proposed division layout. c.through k.,no change. 7. Any irrigation ditches, pipelines, overhead lines and/or railroad crossing or easement agreements, if p . 8. Draft Final Plan land survey plat prepared according to the plat requirements per Section 24 6 70 of the Weld County Code,as amended. 0. A signed buffer report and affidavit of the names,addresses and parcel numbers of the surrounding property owners within five hundred (500) feet of the property. The buffer report shall expire thirty (30) days from preparation. eana-.ti.itm nt shall ' e thirty(30)da .-fr atio 11. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject property.The Statement shall be from the current tax year. 12. If a community meeting is held,provide a sign in sheet,minutes,and summary. 13. A Final Drainage Report per Section 21 3 200.0 of the Weld County Code, as amended,if required. 14 A Traffic Impact Study per Section 24 3 220.C,of the Weld County-Code,as amended,if required. 15. An Improvements/Road Maintenance Agreement may be required. 16. Any other item(s)deemed necessary by the Departments of Planning Services, Public Works or Public Health and Environment,Environmental Health Services Division. 17. Application fee. Sec. 24-6-60. Final plan procedure. A. Prior to submitting an application,the applicant shall provide a contractual guarantee from the public water provider. The agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the Rural Land Division. Documentation shall address the primary conditions of service including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights, et cetera, per the requirements detailed in C.R.S § 29-20-304. The agreement and supplemental documentation shall be reviewed and determined sufficient by the Weld County Attorney's Office prior to acceptance of the application. B. The process for a Rural Land Division Final Plan shall follow Section 24-13-10 of this chapter. Public hearings before the Planning Commission and Board of County Commissioners are required. C. At its public hearing, the Planning Commission shall consider the Final Plan application and provide a recommendation to the Board of County Commissioners. The Planning Commission shall consider the recommendation of the Department of Planning Services,referral agency responses,the application case file, and facts presented at the public hearing. The Planning Commission shall recommend approval of the application unless it finds that the applicant has not met one(1)or more applicable requirements of this Code. The Department of Planning Services shall forward the Planning Commission recommendation to the Clerk to the Board within ten(10)days of the Planning Commission hearing. D. At its public hearing, the Board of County Commissioners shall consider the Final Plan application and take final action thereon.The Board of County Commissioners shall consider the recommendations of the Planning Commission and the Department of Planning Services,referral agency responses,the application case file,and Page 29 of 56 facts presented at the public hearing.The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code. Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board. E. If approved, and upon completion of the conditions of approval and recording of the Improvements Agreement, if required, per Section 24-2-40 of this chapter,the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services.The Final Plan is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. F. No development,including but not limited to grading,shall commence prior to recording of the Improvements Agreement,if required,and Final Plat. A. The Rural Land Division Final Plan application shall be processed according to the following procedure: 1. The applicant shall address the concerns and conditions in the Sketch Plan Staff Report in writing. Evidence of such shall be submitted to the Department of Planning Services for review. 2. Once the Sketch Plan concerns and conditions have been addresed,the applicant shall submit a Final Plan application to the Department of Planning Services for review. The Planner shall have the responsibility of ensuring that all application submittal requirements are met prior to processing the application. Upon determination that the Final Plan application is complete,the application fee shall be faakk 3. Once the Final Plan application is deemed complete and the fee paid, the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary. A list of referral agencies is located in Appendix 23 G of the Weld County Code.The referral agencies shall be given twenty eight (28) days to respond from the date of notice. The property owner to respond within twenty eight(28)days may be deemed a response with no concerns. 4. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete Final Plan application. The Staff Report shall contain a recommendation for approval or denial. The Staff Report shall address all aspects of the application,including,but not limited to,referral agency and surrounding Planning Services will review the application and determine if the applicant has demonstrated compliance with the Overview and Standards per Sections 24-6 10 and 24-6 20 of the Weld County Code. 5. The Planner shall schedule the Planning Commission and the Board of County Commissioners public hearings.Legal notice and posting of both hearings may be concurrent. 6. The applicant shall provide notice to any mineral estate interests as required by Section 21 65.5 103(3), C.R.S. Notification of Mineral Interest Owners and Lessees must occur at least thirty(30) days prior to public h aring,per Section 24 65.5 103(1),C.R.S. the Planning Commission hearing. Rural Land Division. The sign shall be posted adjacent to, and visible from, a publicly maintained maintained road right of way, one (1) sign shall be posted in the most prominent place on the property and a second sign shall be posted where a driveway (acces drive) intersects a publicly Page 30 of 56 been posted the ten (10) days preceding the h aring date, evidenced with an affidavit and b. The Department of Planning Services shall arrange for legal notice of the Planning Commission hearing to be published in the newspaper designated by the Board for publication of notices.The date of publication shall be at I ast ten(10)days prior to the h aring. c. The Department of Planning Services shall give notice of the Rural Land Division and the public h aring dates to those persons listed in the application as owners of property located within five hundred(500)feet of the Rural Land Division.Such notification shall be mailed,first class, not less supplying such list,or the Department of Planning Services in sending such notice,shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. d. Prior to the Planning Commission h aring, the Department of Planning Services shall draft a Planning Commission Resolution setting forth the recommendation to the Board of County Commissioners. Record of such action and a copy of the Resolution will be kept in the files of the Clerk to the Board. 8. At the public hearing, the Planning Commission shall consider the Rural Land Division application and provide a recommendation to the Board of County Commissioners.The recommendation shall consider the recommendation of the Planning Staff, referral agency responses,the application case file and facts Division application unless it finds that the applicant has not met one(1)or more of the Overview and Standards per Sections 21 6 10 and 21 6 20 of the Weld County Code. 9. The Department of Planning Services shall forward the Planning Commission Resolution to the Clerk to the Board within ten (10)days from the Planning Commission hearing. 1.0. Prior to the Board of County Commissioners h wring,legal publication,and surrounding property owner notification shall be required. The Clerk to the Board shall draft a Board of County Commissioner Resolution. application and take final action thereon. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff,referral agency responses,the application case file and facts Division application unless it finds that the applicant has not met one(1)or more of the Overview and Standards per Sections 21 6 10 and 24 6 20 of the Weld County Code. a. If the Rural Land Division is denied by the Board of County Commis,ioners, neither the applicant nor their successors or assigns may apply for a new Rural Land Division for five(5)y ars, located on any portion of the property contained in the original application. b. If the Rural Land Division is conditionally approved by the Board of County Commissioners, the applicant shall address the conditions of approval enumerated in the Resolution.The revised draft land survey plat shall be submitted to the Department of Planning Services for review by Planning and Public Works staff. 12. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fcc to the Planner.The plat shall be signed and notarized by the property owners and the Board of County Commissioners chairman. 13. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. 11. The Rural Land Division is approved and binding on the date the plat is recorded with the Weld County Clerk and Recorder. Page 31 of 56 15. No building permits shall be issued, and no development shall commence until the Rural Land Division Final Plat is approved and recorded in the Weld County Clerk and Recorder's Office and the improvements be constructed per the terms of the Improvements Agreement. 16. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be submitted,in writing,to the Department of Planning Services and shall be signed by the property owners. Sec. 24-6-70. Final plat requirements. The Rural Land Division Final Plat shall meet the following requirements: A. The plat shall be prepared by a registered professional land surveyor in the State of Colorado. B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four(24) inches in height by thirty-six(36) inches in width, unless otherwise approved by the Department of Planning Services. The draft plat shall be submitted electronically in PDF format. C. The plat shall contain north arrows and scales. The drawing shall be at a scale of one (1) inch equals one hundred(100)feet or one(1)inch equals two hundred(200)feet.Vicinity maps shall be at a minimum scale of one(1)inch equals two thousand(2,000)feet.The font shall not be less than ten(10)point in size.Plats drawn to other scales must be approved,in writing,by the Department of Planning Services. D. The plat shall be titled as"Rural Land Division"followed by the assigned case number. E. The Rural Land Division lots shall be designated in ascending numerical order,on the plat and legal description. F. If lots surrounding the Rural Land Division are not involved in the subject Rural Land Division, they shall be labeled "Not a Part". G. The plat shall include a complete and accurate legal description of the parent parcel and the lots being created. H. The plat shall bear the certifications shown in Appendix 24-B to this Chapter. I. The plat shall contain the original signatures and seals in permanent ink. No signatures or seals are required on the draft plat. J. The plat shall delineate the location of all existing and proposed driveways and accesses associated with the Rural Land Division. K. The plat shall include the names of any existing roads or highways abutting the proposed Rural Land Division property. L. The plat shall include the roadway right-of-way adjacent to the parcel as well as the physical location of the roadway. M. The plat shall delineate all existing and future easements or rights-of-way located on the Rural Land Division property. N. The plat shall show all unique physical characteristics of the Rural Land Division property, including, but not limited to,irrigation canals and waterbodies,floodplains,and geohazard areas. O. The plat shall include a vicinity map.The vicinity map shall locate the Rural Land Division lots with respect to adjacent roads, municipal limits, ditches, railroads, etc. The subject section and dashed quarter section lines shall be shown and labeled. P. The plat shall show the location of any active, shut-in, or plugged and abandoned oil and gas wells and tank batteries. Q. All work shall comply with the requirements of Sections 38-50-101 and 38-51-101,et seq.,C.R.S. Page 32 of 56 R. All work shall comply with the requirements of the Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors and the Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors- Board Policy Statement. A. The Rural Land Division revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and incorporated in the revised plat.There may be subsequent rounds of review. Upon approval of the draft plat plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld- of County Commissioners.The applicant shall be responsible for paying the recording fee. 8. The Rural Land Division plat shall meet the following requirements: 1. The plat shall be prepared by a registered professional land surveyor in the State of Colorado. 2. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar.The size of each shall be twenty four(24)inches in height by thirty six(36)inches in width,unless 3. The plat shall contain north arrows and scales.The drawing shall be at a scale of one(1)inch equals ono hundred (100)feet or one (1) inch equals two hundred(200)feet. Vicinity maps shall be at a minimum scale of one(1) inch equals two thousand (2,000)feet. The font shall not be less than ten(10) point in size. Plats drawn to other scales must be approved,in writing,by Planning Staff. 4. The plat shall be titled as"Rural Land Division"followed by the arsigned case number. S. The Rural Land Division lots shall be designated in ascending numerical order, on the plat and legal description. 6. If lots surrounding the Rural Land Division arc not involved in the subject Rural Land Division,they shall be labeled"Not a Part". 7. The plat shall include a complete and accurate legal description of the parent parcel and the lots being created. 8. The plat shall bear the certifications shown in Appendix 24 B to this Chapter. O. The plat shall contain the original signatures and seals in permanent ink. 10. The plat shall delineate the location of all existing and proposed driveways and accesses associated with the Rural i and Division 11. The plat shall include the names of any existing roads or highways abutting the proposed Rural Land p y. 12. The plat shall include the roadway right of way adjacent to the parcel as well as the physical location of the-read-way, DivisionD-i-v-i-s-k3Filareperty7 14. The plat shall show all unique physical characteristics of the Rural Land Division property, including, but not limited to,irrigation canals and waterbodies,floodplains and geohazard ar as. 15. The plat shall include a vicinity map.The vicinity map shall locate the Rural Land Division lots with respect to adjacent roads,municipal limits,ditches,railroads,etc.Show and label the subject section and dashed quarter section lines. Page 33 of 56 16. The plat shall show the location and setback radii of any active,shut in or plugged and abandoned oil and gas wells and tank batteries. 17. All work shall comply with the requirements of Sections 38 50 101 and 38 51 101,et seq.,C.R.S. 18. All work shall comply with the requirements of the Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors and the Rules of Professional- Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors Board Policy Statement. ARTICLE VII - Family Farm Division Sec. 24-7-40. Procedure. A. The process for a Family Farm Division shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Family Farm Division,except as described in Subsection 24-7-40.B below.The Board of County Commissioners delegates the authority and responsibility for processing and approving Family Farm Divisions to the Department of Planning Services. B. If the requirements have not been sufficiently addressed after a meeting with the applicant and management team, the Department of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision,in accordance with the following: 1. The Clerk to the Board shall send notice, mailed first-class at least ten (10) days prior to the hearing,to the applicant and owners of property within five hundred(500)feet of the parcel under consideration. 2. The Clerk to the Board shall also arrange for legal notice of said hearing to be published at least ten (10) days prior to the hearing in the newspaper designated by the Board of County Commissioners for publication of notices. 3. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled,the hearing date,time, and place, and a telephone number where further information may be obtained.The sign shall be posted at least ten (10)days prior to the hearing date and evidenced with a photograph and affidavit. 4. At its public hearing, the Board of County Commissioners shall consider the application and take final action thereon. The Board of County Commissioners shall consider the recommendation of the Department of Planning Services,referral agency responses,the application case file,and facts presented at the public hearing. The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one(1)or more applicable requirements of this Code.Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board. 5. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services. The Family Farm Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. A Family Farm Division application shall be proce'sed according to the following procedure: A. The Board of County Commir;ioncrs delegates the authority and responsibility for processing and approving Family Farm Divisions to the Department of Planning Services. B. The applicant shall submit a Family Farm Division application to the Department of Planning Services for review. The Planner shall have the responsibility of ensuring that all application submittal requirements are Page 34 of 56 met prior to proce-sing the application. Upon determination that the application is complete,the application fee shall be paid. C. Once the application is deemed complete and the fee paid,the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary. A list of twenty one(21)days to respond from the date of notice.The failure of any agency to respond within twenty one (21) days may be deemed a response with no concerns. All referral agency review comments are considered recommendations to the County.The authority and responsibility for approval or denial of a Family Farm Division application rests with the County. The Planner will p -, Staff Report within sixty(-604 d-ays of receipt of a complete application. The Staff Report shall contain a recommendation for approval or denial.The Staff Report shall address all aspects of the application,including,but not limited to,referral agency comments and the regulations contained in the Weld County Codc. demonstrated compliance with the Overview and Standards per Sections 24 7 10 and 24 7 20 of the Weld County Code. F— If the Department of Planning Services reviews the application and determines the applicant has not met one {1) or more of the Overview and Standards per Sections 24 7 10 and 24 7 20 of the Weld County Code, the Planner shall prepare the Staff Report with a recommendation of denial and a hearing shall be scheduled before the Board of County Commissioners. O. If recommended for denial, the Board of County Commissioners shall hold a public hearing to consider the Family Farm Division application and to take final action thereon.The applicant shall be notified of the h aring date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the h aring. No sign posting, legal publication, or surrounding property owner notification shall be required for the hearing. 1. The Board of County Commissioners'decision shall consider the recommendation of the Planning Staff, of County Commissioners shall approve the Family Farm Division application unless it finds that the applicant has not met one(1)or more of the Overview and Standards per Sections 24 7 10 and 24 7 20 of the Weld County Code. 2. Prior to the h aring,the Clerk to the Board shall draft a Board Resolution. their successors or assigns may apply for a new Family Farm Division for five (5) y ars, located on any portion of the property contained in the original application. H. If the Family Farm Division is approved by either the Department of Planning Services or the Board of County Commissioners, the applicant shall address the conditions of approval enumerated in the staff report or Resolution. The revised draft land survey plat shall be submitted to the Department of Planning Services for review by Planning and Public Works staff. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner.The plat shall be signed and notarized by the property owners. If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by the Board of County Commissioners,the Chair of the Board shall sign the plat. recording. IF— The Family Farm Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. Page 35 of 56 L. The applicant may withdraw the application at any point in this process.Withdrawal letters shall be submitted, in writing,to the Department of Planning Services and shall be signed by the property owners. Sec. 24-7-50. Plat requirements. The Family Farm Division revised draft plat shall be submitted once an application is approved.The applicant shall electronically submit the draft plot in PDF format to the Department of Planning Services for Planning and Public in the revised plat.There may be subsequent rounds of review. Upon approval of the draft plat and completion of Planning Services.The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the De artment of Dlannkag Ser•ices The a ed plot and additional re +wcr,ents shall be recorded within one hundred twenty(120)days from the date the administrative review was signed or from the date of approval by the Board of County Commissioners.The applicant shall be responsible for paying the recording fee. The Family Farm Division plat shall meet the following requirements: A.,no change. B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four(24)inches in height by thirty-six(36)inches in width.The draft plat shall be submitted electronically in PDF format. C.through N.,no change. 0. The plat shall show the location and setback radii of any active,shut-in,.or plugged tar-and abandoned oil and gas wells and tank batteries. No change to remainder of section. ARTICLE VIII - Public Facility Division Sec. 24-8-40. Procedure. A. The process for a Public Facility Division shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Public Facility Division,except as described in Subsection 24-8-40.B below.The Board of County Commissioners delegates the authority and responsibility for processing and approving Public Facility Division to the Department of Planning Services. B. If the requirements have not been sufficiently addressed after a meeting with the applicant and management team, the Department of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision,in accordance with the following: 1. The Clerk to the Board shall send notice, mailed first-class at least ten (10) days prior to the hearing,to the applicant and owners of property within five hundred(500)feet of the parcel(s)under consideration. 2. The Clerk to the Board shall also arrange for legal notice of said hearing to be published at least ten (10) days prior to the hearing in the newspaper designated by the Board of County Commissioners for publication of notices. 3. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date,time, and place, and a telephone number where further information may be obtained.The sign shall be posted at least ten (10)days prior to the hearing date and evidenced with a photograph and affidavit. 4. At its public hearing, the Board of County Commissioners shall consider the application and take final action thereon. The Board of County Commissioners shall consider the recommendation of the Page 36 of 56 Department of Planning Services,referral agency responses,the application case file,and facts presented at the public hearing.The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one(1)or more applicable requirements of this Code.Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board. 5. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services. The Public Facility Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. A. The Board of County Commissioners delegates the authority and responsibility for processing and B. The applicant shall submit a Public racility Division application to the Department of Planning Services for •e The Planer shell have the responsibility of ensuring that all application submittal requirements arc met prior to processing the application. Upon determination that the application is complete,the application fee shall be paid. C. Once the application is deemed complete and the fee paid, the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary.A list of referral agencies is located in Appendix 23 G of the Weld County Code.The referral agencies shall be given twenty one (21) days to respond from the date of notice. The failure of any agency review comments arc considered recommendations to the County. The authority and D. The Planner will prepare a Staff Report within sixty(60)days of receipt of a complete application.The Staff Report shall contain a recommendation for approval or denial. The Staff Report shall address all- aspects of the application, including, but not limited to, referral agency comments and the regulations contained in the Weld County Codc. E. The Department of Planning Services may administratively approve the application if the applicant has demonstrated compliance with the Overview and Standards per Sections 24 8 10 and 24 8 20 of the Weld County Code. If the Department of Planning Services reviews the application and determines the applicant has not met one(1)or more of the Overview and Standards per Sections 24 8 10 and 21 8 20 of the Weld County Code,the Planner shall prepare the Staff Report with recommendation of denial and a hearing shall be scheduled before the Board of County Commissioners. C. If recommended for denial,the Board of County Commissioners shall hold a public hearing to consider the Public Facility Division application and to take final action thereon.The applicant shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing. No sign posting, legal publication,or surrounding property owner notification shall be required for the hearing. 1. The Board of County Commissioners'decision shall consider the recommendation of the Planning Staff,referral agency responses,the application case file and facts presented at the public h wring. The Board of County Commissioners shall approve the Public Facility Division application unless it finds that the applicant has not met one(1)or more of the Overview and Standards per Sections 21 8 10 and 24 8 20 of the Weld County Code. 2. Prior to the hearing,the Clerk to the Board shall draft a Board Resolution. Page 37 of 56 3. If the Public Facility Division is denied by the Board of County Commissioners,neither the applicant on any portion of the property contained in the original application. H. If the Public Facility Division is approved by either the Department of Planning Services or the Board of County Commissioners,the applicant shall address the conditions of approval enumerated in the staff Services for review by Planning and Public Works staff. 1. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner.The plat shall be signed and notarized by the property owners. If approved by the Department of Planning Services,the Planning Director shall sign the plat. If approved by the Board of County Commissioners,the Chair of the Board shall sign the plat. J. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. J(. The Public Facility Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. L. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be submitted in writing to the Departments of Planning Services and shall be signed by the property owners. Sec. 24-8-50. Plat requirements. shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public in the revised plat.There may be subsequent rounds of review. Upon approval of the draft plat and completion of Planning Services.The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the hundred twenty(120)days from the date the administrative review was signed or from the date of approval by the The Public Facility Division plat shall meet the following requirements: A.,no change. B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four(24)inches in height by thirty-six(36)inches in width.The draft plat shall be submitted electronically in PDF format. C.though N.,no change. O. The plat shall show the location and setback radii of any active,shut-in,or plugged or and abandoned oil and gas wells and tank batteries. No change to remainder of section. ARTICLE IX- Resubdivision Sec. 24-9-40. Procedure. A. The process for a Resubdivision shall follow Section 24-13-10 of this chapter.No public hearings are conducted for a Resubdivision, except as described in Subsection 24-9-40.B below.The Board of County Commissioners Page 38 of 56 delegates the authority and responsibility for processing and approving Resubdivisions to the Department of Planning Services. B. If the requirements have not been sufficiently addressed after a meeting with the applicant and management team, the Department of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision,in accordance with the following: 1. The Clerk to the Board shall send notice, mailed first-class at least ten (10) days prior to the hearing,to the applicant and owners of property within five hundred(500)feet of the parcel(s)under consideration. 2. The Clerk to the Board shall also arrange for legal notice of said hearing to be published at least ten (10) days prior to the hearing in the newspaper designated by the Board of County Commissioners for publication of notices. 3. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date,time, and place, and a telephone number where further information may be obtained.The sign shall be posted at least ten (10)days prior to the hearing date and evidenced with a photograph and affidavit. 4. At its public hearing, the Board of County Commissioners shall consider the application and take final action thereon. The Board of County Commissioners shall consider the recommendation of the Department of Planning Services,referral agency responses,the application case file,and facts presented at the public hearing. The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one(1)or more applicable requirements of this Code.Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board. 5. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services.The Resubdivision is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. A O s , 4iyisipn a plication shall he p ed ording to the following p edure• A. The Board of County Commissioners delegates the authority and responsibility for processing and Res„b.dh'isia.,to the Deportment of Planning Serviced B. The applicant shall submit a Resubdivision application to the Department of Planning Services for review. The Planner shall have the responsibility of ensuring that all application submittal requirements are met prior to processing the application.Upon determination that the application is complete,the application fee shall be paid. C. Once the application is deemed complete and the fee paid, the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary.A list of referral agencies is located in Appendix 23 G of the Weld County Code.The referral agencies shall be given twenty one (21) days to respond from the date of notice. The Department of Planning Services shall also send notice of the application to surrounding property owners within five hundred(500)feet of the subject Resubdivision.The failure of any agency or surrounding property owner to respond within twenty one(21)days may be deemed a response with no concerns.All referral agency review comments arc considered recommendations to the County.The authority and responsibility for ajapweval--Gf-&Rial-ef-a-ReRktielivisien-apial-i-eat-ien-Fest-s-with-the-Gau-Rty, D Th PI •ll -, Staff Report within sixt.,rem days of Feceipt of a complete application. The Staff Report shall contain a recommendation for approval or denial. The Staff Report shall address all aspects of the application, including, but not limited to, referral agency comments and the regulations contained in the Weld County Code. Page 39 of 56 E. The Department of Planning Services may administratively approve the application if the applicant has demonstrated compliance with the Overview and Standards per Sections 24 9 10 and 24 9 20 of the Weld County Code. C. lithe Department of Planning Services reviews the application and determines the applicant has not met one (1) or more of the Overview and Standards per Sections 24 9 10 and 24 9 20 of the Weld County Code,the Planner shall prepare the Staff Report with recommendation of denial and a hearing shall be scheduled before the Board of County Commissioners. G. If referral agency or surrounding property owner opposition is submitted to the Department of Planning Services,the Planning Director may recommend the Rcsubdivision be scheduled for a hearing before the Board of County Commissioners. H. Prior to the Board of County Commissioners hearing, sign posting, legal publication, and surrounding 1. The Planner shall post a sign with case information on the property under consideration for the Resubdivision. The sign shall be posted adjacent to, and visible from, a publicly maintained road seeen-el-sign-sha-11-4e-Fiest-ed-wker-e-a driveway(access drive)intersects a publicly maintained road right of way.The Department of Planning Services shall certify that the sign has been posted the ten(10)days preceding the hearing date,evidenced with an affidavit and photograph. 2. The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners meeting to be published in the newspaper designated by the Board for publication of notices.The date of publication shall be at least ten(10)days prior to the hearing. 3. The applicant shall be notified of the hearing date,time and location via Certified Mail,sent by the notice of the Resubdivision and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the Rcsubdivision lots. Such notification shall be mailed, first class, not leaf than ten (10) days before the scheduled public Commissioners in sending such notice, shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 4. Prior to the hearing,the Clerk to the Board shall draft a Board Resolution. 4. If scheduled for a public hcvring, the Board of County Commissioners shall consider the Resubdivision application and take final action thereon. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff,referral agency responses,the application case file and facts application unless it finds that the applicant has not met one(1)or more of the Overview and Standards per Sections 29 9 10 and 24 9 20 of the Weld County Code. 1. If the Resubdivision is denied by the Board of County Commissioners, neither the applicant nor their successors or assigns may apply for a new Rcsubdivision for five (5) years, located on any 2. If the Rcsubdivision is approved by either the Department of Planning Services or the Board of County Commissioners,the applicant shall address the conditions of approval enumerated in the staff report or Resolution.The revised draft land survey plat shall be submitted to the Department of Planning cervices for r ..by Planning and ❑ublic W„rks staff J. Upon completion of the conditions of approval and acceptance of the plat,the plat may be submitted for recording with the recording fcc to the Planner.The plat shall be signed and notarized by the property Page 40 of 56 owners.If approved by the Department of Planning Services,the Planning Director shall sign the plat. If approved by the Board of County Commissioners,the Chair of the Board shall sign the plat. K. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. C. The Resubdivision is approved and binding on the date the plat is recorded with the Weld County Clerk and Recorder. owners. Sec. 24-9-50. Plat requirements. The Resubdivision plat shall meet the following requirements: A.,no change. B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four(24)inches in height by thirty-six(36)inches in width.The draft plat shall be submitted electronically in PDF format. C.through P.,no change. Q. The plat shall show the location and setback radii of any active,shut-in,or plugged Brand abandoned oil and gas wells and tank batteries. No change to remainder of section. ARTICLE X - Lot Line Adjustment Sec. 24-10-40. Procedure. A. The process for a Lot Line Adjustment shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Lot Line Adjustment,except as described in Subsection 24-10-40.B below.The Board of County Commissioners delegates the authority and responsibility for processing and approving Lot Line Adjustments to the Department of Planning Services. B. If the requirements have not been sufficiently addressed after a meeting with the applicant and management team, the Department of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision,in accordance with the following: 1. The Clerk to the Board shall send notice, mailed first-class at least ten (10) days prior to the hearing,to the applicant and owners of property within five hundred(500)feet of the parcel(s)under consideration. 2. The Clerk to the Board shall also arrange for legal notice of said hearing to be published at least ten (10) days prior to the hearing in the newspaper designated by the Board of County Commissioners for publication of notices. 3. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled,the hearing date,time, and place, and a telephone number where further information may be obtained.The sign shall be posted at least ten (10)days prior to the hearing date and evidenced with a photograph and affidavit. 4. At its public hearing, the Board of County Commissioners shall consider the application and take final action thereon. The Board of County Commissioners shall consider the recommendation of the Department of Planning Services,referral agency responses,the application case file,and facts presented Page 41 of 56 at the public hearing. The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one(1)or more applicable requirements of this Code. Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board. 5. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services. The Lot Line Adjustment is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. A Lot Line Adjustment application shall be processed according to the following procedure: A. The Board of County Commissioners delegates the authority and responsibility for processing and approving Lot Line Adjustments to the Department of Planning Services. The Planner shall have the responsibility of ensuring that all application submittal requirements are met prior to processing the application. Upon determination that the application is complete,the application fee shall be paid. C. Once the application is deemed complete and the fcc paid,the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary. A list of referral agencies is located in Appendix 23 G of the Weld County Code. The referral agencies shall be given twenty one(21)days to respond from the date of notice.The failure of any agency to respond within twenty one (21) days may be deemed a response with no concerns. All referral agency review comments arc considered recommendations to the County. The authority and responsibility for approval or denial of a Lot Line Adjustment-, plication rests with the County D. The Planner will prepare a Staff Report within sixty(60) days of receipt of a complete application. The Staff Report shall contain a recommendation for approval or denial.The Staff Report shall address all aspects of the application,including,but not limited to,referral agency comments and the regulations contained in the Weld County Code. L. The Department of Planning Services may administratively approve the application if the applicant has demonstrated compliance with the Overview and Standards per Sections 24 10 10 and 21 10 20 of the Weld County Code. T. If the Department of Planning Services reviews the application and determines the applicant has not met one 41)or more of the Overview and Standards per Sections 24 10 10 and 24 10 20 of the Weld County Code,the the Board of County Commissioners. G. If recommended for denial,the Board of County Commissioners shall hold a public h aring to consider the Lot Line Adjustment application and to take final action thereon. The applicant shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing. No sign posting, legal publication, or surrounding property owner notification shall be required for the h aring. 1. The Board of County Commissioners'decision shall consider the recommendation of the Planning Staff, of County Commissioners shall approve the Lot Line Adjustment application unless it finds that the applicant has not met one(1)or more of the Overview and Standards per Sections 24 10 10 and 24 10 20 of the Weld County Code. 2. Prior to the hearing,the Clerk to the Board shall draft a Board Resolution. Page 42 of 56 3. If the Lot Line Adjustment is denied by the Board of County Commissioners, neither the applicant nor their successors or assigns may apply for a new Lot Line Adjustment for five (5) years, located on any portion of the property contained in the original application. H. If the Lot Line Adjustment is approved by either the Department of Planning Services or the Board of County Commissioners, the applicant shall address the conditions of approval enumerated in the staff report or Resolution. The revised draft land survey plat shall be submitted to the Department of Planning Services for review by Planning and Public Works staff. 4. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner.The plat shall be signed and notarized by the property owners. if approved by the Department of Planning Services,the Planning Director shall sign the plat. If approved by the Board of County Commissioners,the Chair of the Board shall sign the plat. J. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. K. The Lot Line Adjustment is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. L. The applicant may withdraw the application at any point in this process.Withdrawal letters shall be submitted, in writing,to the Department of Planning Services and shall be signed by the property owners. Sec. 24-10-50. Plat requirements. The Lot Line Adjustment revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat.There may be subsequent rounds of review. Upon approval of the draft plat and completion of the conditions of approval,the applicant shall submit the signed and notarized approved plat to the Department of Planning Services.The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded within one hundred twenty(120)days from the date the administrative review was signed or from the date of approval by the Board of County Commissioners.The applicant shall be responsible for paying the recording fee. The Lot Line Adjustment plat shall meet the following requirements: A.,no change. B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four(24)inches in height by thirty-six(36)inches in width.The draft plat shall be submitted electronically in PDF format. C.through 0., no change. P. The plat shall show the location and setback radii of any active,shut-in,or plugged or-and abandoned oil and gas wells and tank batteries. No change to remainder of section. ARTICLE XII - Resolution of Illegal Land Divisions Sec. 24-12-40. Procedure. A. The process for a Resolution of Illegal Land Divisions shall follow Section 24-13-10 of this chapter. A public hearing before the Board of County Commissioners is required. Page 43 of 56 B. At its public hearing,the Board of County Commissioners shall consider the application and take final action thereon. The Board of County Commissioners shall consider the recommendation of the Department of Planning Services, referral agency responses, the application case file, and facts presented at the public hearing.The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code. Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board. C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted with the recording fee to the Department of Planning Services. The Resolution of Illegal Land Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. A. The Resolution of Illegal Land Division application shall be processed according to the following procedure: 1. The applicant shall submit a Resolution of Illegal Land Division application to the Department of Planning Services for review.The Planner shall have the responsibility of ensuring that all application submittal requirements arc met prior to processing the application. Upon determination that the application is complete,the application fee shall be paid. 2. Once the application is deemed complete and the fcc paid,the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary.A list of referral agencies is located in Appendix 23 G of the Weld County Code.The referral agencies shall be given twenty eight (28) days to respond from the date of notice. The Department of hundred (500) feet of the subject Resolution of Illegal Land Division lots. The failure of any agency or no concerns.All referral agency review comments are considered recommendations to the County.The with the County. 3. The Planner will prepare a Staff Report within sixty(60)days of receipt of a complete application. The Staff Report shall contain a recommendation for approval or denial. The Staff Report shall address all will review the application and determine if the applicant has demonstrated compliance with the Overview and Standards per Sections 24 12 10 and 24 12 20 of the Weld County Code. 4. The Planner shall schedule the Board of County Commissioners public hearing. 5. Prior to the Board of County Commissioners hearing, sign posting, legal publication, and surrounding property owner notification shall be required. a. The Planner shall post a sign with case information on the property under consideration for the Resolution of Illegal Land Division.The sign shall be posted adjacent to,and visible from,a publicly maintained road right of way. In the event the property under consideration is not adjacent to a maintained road right of way.The Department of Planning Services shall certify that the sign has been posted the ten (10) days preceding the h aring date, evidenced with an affidavit and photograph. b. The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners meeting to be published in the newspaper designated by the Board for publication of notices.The date of publication shall be at least ten(10)days prior to the hearing. c. The applicant shall be notified of the hearing date,time and location via Certified Mail,sent by the Clerk to the Board,at least ten(10)days prior to the hearing.The Clerk to the Board shall also give notice of the Resolution of Illegal Land Division and the public hearing date to those persons listed Page 44 of 56 of Illegal Land Division lots.Such notification shall be mailed,first class,not less than ten(10)days before thc scheduled public hearing.Inadvertent errors by the applicant in supplying such list,or the Board of County Commissioners in sending such notice,shall not create a jurisdictional defect in the hearing process,even if such error results in thc failure of a surrounding property owner to• receive such notification. d. Prior to the hearing,the Clerk to the Board shall draft a Board Resolution. 6. At the public hearing, the Board of County Commissioners shall consider the Resolution of Illegal Land consider the recommendation of the Planning Staff, referral agency responses,the application case file Resolution of Illegal Land Division application unless it finds that the applicant has not met one (1) or more of the Overview and Standards per Sections 21 12 10 and 24 12 20 of the Weld County Code. a. If the Resolution of Illegal Land Division is denied by the Board of County Commissioners, the app4ic-afft-may-seek-Femedy4h-r-eugh-a-c-e4ot-aetia-n7 b. If the Resolution of Illegal Land Division is conditionally approved by the Board of County Commissioners, the applicant shall address the condition.. of an oval , rated ir, the Resolution. The revised draft land survey plat shall be submitted to the Department of Planning Services for review by Planning and Public Works staff. 7. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner.The plat shall be signed and notarized by the property 8. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. 9. The Resolution of Illegal Land Division is approved and binding the date the plat is recorded with the Weld Co my Clerk and Rccordcr 10. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be ow„ers. Sec. 24-12-50. Plat requirements. to be incorporated in the revised plat.There may be subsequent rounds of review. Upon approval of the draft plat the Department of Planning Services.The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services.The approved plat and additional requirements shall be recorded within one hundred twenty (120) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. The Resolution of Illegal Land Division plat shall meet the following requirements: A.,no change. B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four(24)inches in height by thirty-six(36)inches in width.The draft plat shall be submitted electronically in PDF format. C.through 0., no change. Page 45 of 56 P. The plat shall show the location ands tback radii of any active,shut-in,or plugged er-and abandoned oil and gas wells and tank batteries. No change to remainder of section. ARTICLE XIII - Land Division Procedure Sec. 24-13-10. Procedure. The process in this section shall be applicable only for those land division case types that refer to this section. A. Any person seeking to apply for a land division shall first arrange for a preapplication conference with the Department of Planning Services. If a land division application is not submitted within one(1)year of the date of the preapplication conference,a new preapplication conference may be required. B. The applicant may conduct a neighborhood meeting with area landowners. Such meeting is not required but may be suggested by Planning Services staff to encourage communication between the applicant and the neighbors. C. Following submittal of the application, the Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the application submittal and the deadline to provide the missing items. If no written response is submitted to the Department of Planning Services or if the deficiencies are not corrected by the date specified by the Department of Planning Services, the application may be rejected. D. The nonrefundable application fee set forth in Appendix 5-i of this Code is due upon determination that the application is otherwise complete. F. After staff has determined that the application is complete and the payment of the application fee has been accepted,the process in this subsection shall be followed. 1. Referrals.The Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond may be deemed to be a favorable response.The reviews and comments solicited by the county are intended to provide the county with comments regarding any concerns the agency may have. The county shall consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the county.The authority for making the decision to approve or deny the request rests with the county. 2. Preliminary notice to surrounding property owners.This step only applies to case types that require one (1)or more public hearings.At the time referrals are sent,the Department of Planning Services shall mail notice of the application to those persons listed in the submittal as owners of property located within five hundred (500)feet of the parcel(s) under consideration.Such notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. 3. Initial Review. Page 46 of 56 a. The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made.Additional information may be required. b. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. 4. Resubmittal. The applicant shall address the requirements of the staff memo in a single, complete resubmittal. If the applicant fails to submit requested additional or revised application materials within one hundred eighty(180)days of the date the staff memo was provided,the application will be subject to any applicable amendments to the Weld County Code in effect as of the date of resubmittal,additional review may be required,and/or the Director may declare the application withdrawn. 5. Technical Review. a. The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal. b. The Department of Planning Services shall perform a Technical Review of the resubmittal. c. If staff determines any of the required corrections listed in the Initial Review memo have not been sufficiently addressed,staff will provide the applicant with a Technical Review memo describing the deficiencies. d. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. e. If the requirements have not been sufficiently addressed after several rounds of review, a meeting with the applicant and management team, including but not limited to the Director of Planning Services, shall be scheduled. If public hearings are required and the requirements have not been sufficiently addressed after a meeting with the applicant and management team has taken place, the recommendation of staff will be for denial. 6. If the case type requires public hearings before the Planning Commission and/or Board of County Commissioners,staff shall schedule such hearing(s)and provide notice as follows: a. At least ten (10) days prior to any hearing, notice shall be mailed to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel(s) under consideration. b. Referral agencies that responded to the earlier request for comments may also be notified of the hearing dates. c. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, time, and place, and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph and affidavit. d. Legal notice of hearings shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices.The date of publication shall be at least ten(10)days prior to any hearing. e. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. G. The applicant may withdraw the application at any point in the process.Withdrawal letters shall be submitted, in writing,to the Department of Planning Services and shall be signed by the property owners. Page 47 of 56 APPENDIX 24-A - Minor Subdivision Final Plat Certificates Delete E., PLANNING COMMISSION CERTIFICATE, and reletter F.to E. APPENDIX 24-B - Rural Land Division Final Plat Certificates Delete E., PLANNING COMMISSION CERTIFICATE,and reletter F.to E. CHAPTER 27 - Planned Unit Development ARTICLE I. - General Provisions Sec. 27-1-60. - PUD final plan submittals for phased PUDs. A.through E.,no change. F. Procedure.The Department of Planning Services shall be responsible for processing all such applications.The PUD final plan application shall be processed according to the following procedure. 1. Prior to submitting an application,the applicant shall submit a Pre Application Request Form and meet with the Department of Planning Services to discuss the proposal.Following the Pre Application meeting, the applicant may submit a complete application electronically.Any person wanting to apply for a PUD final plan shall first arrange for a preapplication conference with the Department of Planning Services. If an application is not submitted within one (1)year of the date of the preapplication conference, a new preapplication conference may be required. 2. The Planner shall have the responsibility of ensuring that all application submittal requirements are met prior to proce:sing the application. Upon determination that the application is complete,the application fee shall be paid.The applicant may conduct a neighborhood meeting with area landowners.Such meeting is not required but may be suggested by Planning Services staff to encourage communication between the applicant and the neighbors. 3. Once the application is deemed complete and the fee paid, the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary.A list of referral agencies is located in Appendix 23 G of the Weld County Code.The failure of any agency to respond within twenty one (21) days may be deemed a response with no concerns. All referral agency review comments arc considered recommendations to the County. The authority and responsibility for approval or denial of the application rests with the County.Following submittal of the application,the Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the application submittal and the deadline to provide the missing items. If no written response is submitted or if the deficiencies are not corrected by the date specified by the Department of Planning Services, the application may be rejected. The nonrefundable application fee set forth in Appendix S-i of this Code is due upon determination that the application is otherwise complete. 4. The Department of Planning Services shall schedule review of the Utility Plan on the first available Utilities Code.After staff has determined that the application is complete and the payment of the application fee has been accepted,the process in this subsection shall be followed. a. Referrals.The Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services.The failure of any agency to respond may be deemed to be a favorable response.The reviews and comments solicited Page 48 of 56 by the county are intended to provide the county with comments regarding any concerns the agency may have. The county shall consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the county. The authority for making the decision to approve or deny the request rests with the county. b. Preliminary notice to surrounding property owners.At the time referrals are sent,the Department of Planning Services shall mail notice of the application to owners of property within the PUD who are not the applicants and to owners of property located within five hundred (500) feet of the parcel(s) under consideration. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. c. Initial Review. 1) The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made.Additional information may be required. 2) The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. d. Resubmittal.The applicant shall address the requirements of the staff memo in a single, complete resubmittal. If the applicant fails to submit requested additional or revised application materials within one hundred eighty(180)days of the date the staff memo was provided,the application will be subject to any applicable amendments to the Weld County Code in effect as of the date of resubmittal, additional review may be required, and/or the Director may declare the application withdrawn. e. Technical Review. 1) The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal. 2) The Department of Planning Services shall perform a Technical Review of the resubmittal. 3) If staff determines any of the required corrections listed in the Initial Review memo have not been sufficiently addressed, staff will provide the applicant with a Technical Review memo describing the deficiencies. 4) The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. 5) If the requirements have not been sufficiently addressed after several rounds of review, a meeting with the applicant and management team,including but not limited to the Director of Planning Services,shall be scheduled.If the requirements have not been sufficiently addressed after a meeting with the applicant and management team has taken place, the recommendation of staff will be for denial. f. The Department of Planning Services shall schedule hearings before the Planning Commission and Board of County Commissioners and provide notice as follows: 1) At least fifteen(15)days prior to the hearing date,notice shall be mailed,first-class,to owners of property within the PUD who are not the applicants and to owners of property located within five hundred(500)feet of the parcel(s)under consideration. Page 49 of 56 2) Referral agencies that responded to the earlier request for comments may also be notified of the hearing dates. 3) The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled,the hearing date,time,and place,and a telephone number where further information may be obtained.The sign shall be posted at least fifteen (15) days prior to the hearing date and evidenced with a photograph and affidavit. 4) Legal notice of hearings shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least fifteen(15)days prior to any hearing. 5) Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. Delete 5.-7 and renumber remaining. 5. The Planner will prepare a Staff Report within sixty(60)days of receipt of a complete application.The Staff Report shall contain a recommendation for approval or denial. The Staff Report shall address all aspects of the application, including, but not limited to, referral agency comments and the regulations .,taine.d in the Weld!aunty Co de 6. The Department of Planning Services shall schedule Planning Commi-lion and Board of County Commissioners public hearings. Legal notice, posting, and surrounding property owner notification of the hearings shall be concurrent. 7. Prior to the Planning Commission hearing,the sign posting,legal publication,and surrounding property owner notification shall be required,as follows: a. The Department of Planning Services shall post a sign with case information on the property under consideration. The sign shall be posted adjacent to, and visible from, a publicly maintained road ..ht of The Department of Planning Services shall certify that the n has been posted fifteen(15)days preceding the Planning Commission hearing date,evidenced with an affidavit and PhotegfaPil-, b. The Department of Planning Services shall arrange for legal notice of the hearings to be published be at least fifteen(15)days prior to the Planning Commission hearing. c. The Department of Planning Services shall give notice of the appreation and the public hearing dates to owners of property within the PUD who arc not the applicants and to those persons listed in the application as owners of property located within five hundred (500) feet of the subject property. Such notification shall be mailed, first class, not less than fifteen (15) days before the notice, shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. G. Submittal requirements.The following application items are required: 1.though 15.,no change. 16. Draft final plat final plat prepared in accordance with the following requirements: a., no change. b. The_ I final plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar, or other material as approved in writing by Planning Staffthe Department of Page 50 of 56 Planning Services.The size of each sheet shall be twenty-four(24)inches in height by thirty-six(36) inches in width, unless otherwise approved in writing by Planning Staff. The draft plat shall be submitted electronically in PDF format. No changes to the remainder of this section. ARTICLE II. - Amendments to Existing PUDs Sec. 27-2-20. - Amendments to PUD zoning. A. Prior to submitting an application, the applicant or applicant's representative shall submit a Pre Application Request Form and meet with the Department of Planning Services to discuss the proposal. Following the Pre Application meeting, the applicant may submit a complete application electronically. The applicant must be an owner of property within the subject PUD at the time of application.Any person wanting to apply for an amendment to PUD zoning shall first arrange for a preapplication conference with the Department of Planning Services. If an application is not submitted within one(1)year of the date of the preapplication conference,a new preapplication conference may be required. The applicant must be the owner of property within the subject PUD at the time of application. B.,no change. C. Procedure.The application shall be processed according to the following procedure:The applicant may conduct a neighborhood meeting with area landowners. Such meeting is not required but may be suggested by Planning Services staff to encourage communication between the applicant and the neighbors. 1. The Planner shall have the responsibility of ensuring that all application submittal requirements are met prior to processing the application. Upon determination that the application is complete,the application fee shall be paid. 2. Once the application is deemed complete and the fee paid, the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems necessary.A list of referral agencies is located in Appendix 23 G of the Weld County Code.The failure of any agency to respond within twenty one (21) days may be deemed a response with no concerns. All referral agency review comments are considered recommendations to the County. The authority and responsibility for approval or denial of the application rests with the County. 3. The Planner will prepare a Staff Report within sixty(60)days of receipt of a complete application.The or denial. The Staff Report shall address all aspects of the application, including, but not limited to, referral agency comments and the regulations contained in the Weld County Code. '1. The Department of Planning Services shall coordinate with the Clerk to the Board's office to schedule a h aring before the Board of County Commissioners. 5. Prior to the Board of County Commissioners hearing, sign posting, legal publication, and surrounding property owner notification shall be required,as follows: a. Planning staff shall post a sign with case information on the subject property. The sign shall be property under consideration is not adjacent to a publicly maintained road right of way, one(1)- sign shall be posted in the most prominent place on the property and a second sign shall be posted where a driveway(access drive) intersects a publicly maintained road right of way. Planning staff shall certify that the sign has been posted the fifteen (1S) days preceding the hearing date, evidenced with an affidavit and photograph. Page 51 of 56 b. The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners hearing to be published in the newspaper designated by the Board for publication of notices.The date of publication shall be at least fifteen(15)days prior to the hearing. c. The Clerk to the Board shall give notice of the application and the public hearing date to owners of property within the PUD and to those persons listed in the application as owners of property located within five hundred(500)feet of the PUD.Such notification shall be mailed,first class,not less than fifteen(15)days before the scheduled public h aring.Inadvertent errors by the applicant or the Department of Planning Services in supplying such list,or the Clerk to the Board in sending such notice,shall not create a jurisdictional defect in the hearing process,even if such error results in the failure of property owners referred to herein to receive such notification. 6. The Board of County Commissioners shall consider the application and take final action thereon. The of County Commissioners shall approve the application, unless it finds that the applicant has not met one(1)or more applicable requirements of this Chapter. 7. If approved, the Clerk to the Board shall submit the resolution signed by the Board of County Commissioners to the Clerk and Recorder for recording. D. Following submittal of the application, the Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the application submittal and the deadline to provide the missing items. If no written response is submitted or if the deficiencies are not corrected by the date specified by the Department of Planning Services,the application may be rejected.The nonrefundable application fee set forth in Appendix 5-J of this Code is due upon determination that the application is otherwise complete. E. After staff has determined that the application is complete and the payment of the application fee has been accepted,the process below shall be followed: 1. Referrals.The Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond may be deemed to be a favorable response.The reviews and comments solicited by the county are intended to provide the county with comments regarding any concerns the agency may have. The county shall consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the county.The authority for making the decision to approve or deny the request rests with the county. 2. Preliminary notice to surrounding property owners. At or around the time referrals are sent, the Department of Planning Services shall mail notice of the application to owners of property within the PUD and to owners of property located within five hundred (500) feet of the PUD. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. 3. Initial Review. a. The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made.Additional information may be required. b. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. 4. Resubmittal. The applicant shall address the requirements of the staff memo in a single, complete resubmittal. If the applicant fails to submit requested additional or revised application materials within one hundred eighty(180) days of the date the staff memo was provided,the application will be subject Page 52 of 56 to any applicable amendments to the Weld County Code in effect as of the date of resubmittal,additional review may be required,and/or the Director may declare the application withdrawn. 5. Technical Review. a. The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal. b. The Department of Planning Services shall perform a Technical Review of the resubmittal. c. If staff determines any of the required corrections listed in the Initial Review memo have not been sufficiently addressed,staff will provide the applicant with a Technical Review memo describing the deficiencies. d. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. e. If the requirements have not been sufficiently addressed after several rounds of review, a meeting with the applicant and management team, including but not limited to the Director of Planning Services, shall be scheduled. If one (1) or more public hearings are required for the case type and the requirements have not been sufficiently addressed after a meeting with the applicant and management team has taken place,the recommendation of staff will be for denial. 6. A hearing before the Board of County Commissioners shall be scheduled and notice provided as follows: a. The Clerk to the Board shall give notice of the application and the public hearing date to owners of property within the PUD who are not the applicants and to owners of property located within five hundred(S00)feet of the PUD.Such notification shall be mailed,first-class,not less than fifteen(15) days before the scheduled public hearing. b. Referral agencies that responded to the earlier request for comments may also be notified of the hearing date. c. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, time, and place, and a telephone number where further information may be obtained.The sign shall be posted at least fifteen(15)days prior to the hearing date and evidenced with a photograph and affidavit. d. Legal notice of hearings shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices.The date of publication shall be at least fifteen (15)days prior to the hearing. e. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. F. The Board of County Commissioners shall consider the application and take final action thereon. The Board shall consider the recommendation of the Department of Planning Services, referral agency responses, the application case file,and facts presented at the public hearing.The Board shall approve the application unless it finds that the applicant has not met one(1)or more applicable requirements of this Code. G. If approved,the Clerk to the Board shall submit the resolution signed by the Board of County Commissioners to the Clerk and Recorder for recording.The resolution shall be effective upon recording. Sec. 27-2-30. -Amendments to PUD final plans and final plats. A. Prior to submitting an application,the applicant shall submit a Pre Application Request Form and mcct with the Department of Planning Services to discuss the proposal.Any person wanting to apply for an amendment to a PUD final plan or final plat shall first arrange for a preapplication conference with the Department of Page 53 of 56 Planning Services. If an application is not submitted within one (1) year of the date of the preapplication conference,a new preapplication conference may be required. B. Submittal requirements.The following application items are required: 1.-10.,no change. C. Procedure. The application shall be processed according to the following procedure: The applicant may conduct a neighborhood meeting with area landowners. Such meeting is not required but may be suggested by Planning Services staff to encourage communication between the applicant and the neighbors. 1. The Planner shall have the responsibility of ensuring that all application submittal requirements arc met fec shall be paid. 2. Once the application is deemed complete and the fee paid, the Department of Planning Services shall send the application to relevant referral agencies for review and comment as the Planner deems any agency to respond within twenty one(21) days may be deemed a response with no concerns. All referral agency review comments arc considered recommendations to the County. The authority and fespen-s-i-lail-ity-fer--appr-eval-er—den-41-ef--th-e-appl-i-eatien-Fest-s-with-t-he-C-eaftty, 3. The Planner will prepare a Staff Report within sixty(60)days of receipt of a complete application.The Staff Report shall contain a recommendation for approval or denial. The Staff Report shall address all aspects of the application, including, but not limited to, referral agency comments and the regulations contained in the Weld County Code. 4. The Department of Planning Services shall coordinate with the Clerk to the Board's office to schedule a hearing before the Board of County Commissioners. 5. Prior to the Board of County Commissioners hearing, sign posting, icgal publication, and surrounding a. Planning staff shall post a sign with case information on the subject property. The sign shall be property under consideration is not adjacent to a publicly maintained road right of way, one(1} shall certify that the sign has been posted the fifteen (15) days preceding the hearing date, b. The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners hearing to be published in the newspaper designated by the Board for publication of notices.The date of publication shall be at least fifteen(15)days prior to the hearing. c. The Clerk to the Board shall give notice of the application and the public hearing date to owners of property within the PLJD who arc not the applicants and to those persons listed in the application as owners of property located within five hundred (S00) feet of the subject property. Sucll notification shall be mailed, first class, not less than fifteen (15)days before the scheduled public hearing. Inadvertent errors by the applicant or the Department of Planning Services in supplying such list,or the Clerk to the Board in sending such notice,shall not create a jurisdictional defect in the hearing process,even if such error results in the failure of property owners referred to herein- to receive such notification. Page 54 of 56 of County Commissioners shall approve the application, unless it finds that the applicant has not met one(1)or more applicable requirements of this Chapter. 7. If approved, and upon completion of the conditions of approval and acceptance of the plat by the Planner,the plat may be submitted for recording with the recording fee to the Planner.The condition:, Board of County Commissioners, or the application may be forwarded to the Board of County Commissioners for reconsideration.The property owner shall be notified of the hearing at least fifteen 115)days prior to the hearing.The Board of County Commissioners may,after a public hearing, rescind the approval. 8. The foregoing notwithstanding, where the amendment is for the sole purpose of removing building the Clerk and Recorder's reception number and date of recording for the original plat. D. Following submittal of the application,the Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the application submittal and the deadline to provide the missing items. If no written response is submitted or if the deficiencies are not corrected by the date specified by the Department of Planning Services,the application may be rejected.The nonrefundable application fee set forth in Appendix 5-i of this Code is due upon determination that the application is otherwise complete. E. After staff has determined that the application is complete and the payment of the application fee has been accepted,the process below shall be followed: 1. Referrals.The Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond may be deemed to be a favorable response.The reviews and comments solicited by the county are intended to provide the county with comments regarding any concerns the agency may have. The county shall consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the county.The authority for making the decision to approve or deny the request rests with the county. 2. Preliminary notice to surrounding property owners. At or around the time referrals are sent, the Department of Planning Services shall mail notice of the application to owners of property within the PUD who are not the applicants and to owners of property located within five hundred(500)feet of the subject property. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. 3. Initial Review. a. The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made.Additional information may be required. b. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. 4. Resubmittal. The applicant shall address the requirements of the staff memo in a single, complete resubmittal. If the applicant fails to submit requested additional or revised application materials within one hundred eighty(180)days of the date the staff memo was provided,the application will be subject to any applicable amendments to the Weld County Code in effect as of the date of resubmittal,additional review may be required,and/or the Director may declare the application withdrawn. 5. Technical Review. a. The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal. Page 55 of 56 b. The Department of Planning Services shall perform a Technical Review of the resubmittal. c. If staff determines any of the required corrections listed in the Initial Review memo have not been sufficiently addressed,staff will provide the applicant with a Technical Review memo describing the deficiencies. d. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements. e. If the requirements have not been sufficiently addressed after several rounds of review, a meeting with the applicant and management team, including but not limited to the Director of Planning Services, shall be scheduled. If the requirements have not been sufficiently addressed after a meeting with the applicant and management team has taken place, the recommendation of staff will be for denial. 6. A hearing before the Board of County Commissioners shall be scheduled and notice provided as follows: a. The Clerk to the Board shall give notice of the application and the public hearing date to owners of property within the PUD who are not the applicants and to owners of property located within five hundred(500)feet of the subject property.Such notification shall be mailed,first-class,not less than fifteen(15)days before the scheduled public hearing. b. Referral agencies that responded to the earlier request for comments may also be notified of the hearing date. c. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, time, and place, and a telephone number where further information may be obtained.The sign shall be posted at least fifteen(15)days prior to the hearing date and evidenced with a photograph and affidavit. d. Legal notice of hearings shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices.The date of publication shall be at least fifteen (15)days prior to the hearing. e. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list,or in the mailing of notices,shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification. F. The Board of County Commissioners shall consider the application and take final action thereon. The Board shall consider the recommendation of the Department of Planning Services, referral agency responses, the application case file,and facts presented at the public hearing.The Board shall approve the application unless it finds that the applicant has not met one(1)or more applicable requirements of this Code. G. If approved,and upon completion of the conditions of approval and acceptance of the plat by the Department of Planning Services,the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services, which shall submit the plat to the Weld County Clerk and Recorder for recording.The conditions of approval must be met and the plat submitted for recording within sixty(60)days of approval by the Board of County Commissioners,or the application may be forwarded to the Board of County Commissioners for reconsideration. The property owner shall be notified of the hearing at least fifteen (15) days prior to the hearing.The Board of County Commissioners may,after a public hearing,rescind the approval. H. The foregoing notwithstanding,where the amendment is for the sole purpose of removing building envelopes or septic envelopes, no plat shall be required and the Board resolution shall be recorded with the Clerk and Recorder. The resolution shall reference the reception number and recording date of the original plat that is being amended. Page 56 of 56 Summary of the Weld County Planning Commission Meeting Tuesday, February 3, 2026 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Butch White, at 1:30 p.m. Roll Call Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes. Absent: Virginia Guderjahn. Also Present: Angela Snyder and Jim Flesher, Department of Planning Services, Mike McRoberts, Development Review, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Ordinance 2026-02 Planner: Jim Flesher Request: In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning, Chapter 24 Subdivisions,and Chapter 27 Planned Unit Developments of the Weld County Code(Land Use Processes) Jim Flesher, Planning Services, presented Ordinance 2026-02, provided a brief presentation regarding proposed changes to Chapters 23, 24, and 27 related to changes in the land use permitting processes. Mr. Flesher stated that throughout the code change process they have been engaging with applicants and their representatives to ensure that the proposed changes are practical, effective and aligned with the needs of those who interact with the County's permitting system. He added that the feedback we have received has been supportive. The Department of Planning Services recommends approval of this Ordinance. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Hannah Dutrow, Agprofessionals, 4505 29th Street, Greeley, Colorado stated that they appreciate the work Staff has done to improve the land use workflow and add structure and transparency. After reviewing the proposed code changes, Ms. Dutrow referred to the time frame in the internal review process and referral agency reviews and said that in previous codes there were structured time frames; however, there isn't a set time frame with the proposed code changes. She suggested having a "not to exceed" date to set that expectation. Ms. Dutrow referred to the land division code and said that the proposed code changes are requiring a pre- application meeting. She said that while they understand that is necessary most of the time there are a few cases where an exception might be beneficial like a Lot Line Adjustment. Ms. Dutrow said that the pre- application questionnaire is not necessarily tailored to land divisions. She said it might be helpful if that was tailored later. Mr. Flesher said that Staff will take those comments under advisement and go over those in more detail with Ms. Dutrow prior to the County Commissioner's first reading. Motion: Forward Ordinance 2026-02 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Barney Hammond, Seconded by Michael Biwer. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Butch White, Barney Hammond, Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes. Meeting adjourned at 1:59 p.m. 1 Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD r NAME- PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street,City,State,Zip �Y1(�h bLA-r„ 1)1A) LI 3O 20( St- C c CQM.0 30 +1-b tY,P2 Saik Jaw, Sc4C_oi0nll I tcry ,4 'e licctA Co JcselkA,rie. oZ2k(i iA;/.Goo, MEMORANDUM To: Weld County Planning Commission From: Jim Flesher, Long-Range Planner Maxwell Nader, Planning Manager COUNTY,CO Date: February 3, 2026 Re: Ordinance 2026-02, Land Use Process The Board of County Commissioners held a worksession with staff on this topic on November 18, 2025. This ordinance will revise provisions in Chapters 23, 24, and 27 to update the County's permitting process. A new section in Chapter 23 and a similar new section in Chapter 24 will outline the standard procedure that various case types in those respective chapters will refer to. The main difference will be whether the case type is administrative or requires public hearings. Throughout this process, we have engaged with applicants and their representatives to ensure the proposed changes are practical, effective, and aligned with the needs of those who interact with the County's permitting system. The feedback we've received has been supportive. Staff recommends adoption of the ordinance. Page 1 Hello