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AR1902356
RESOLUTION
RE: ADOPTION OF AMENDMENTS TO THE WELD COUNTY SUBDIVISION
REGULATIONS
WHEREAS, the Board of County Commissioners of Weld County,
• Colorado, pursuant to Colorado statute and the Weld County Home
c jl Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public
1 hearing on the 16th day of August, 1982, at the hour of 10:00
Lr:
�^• ' o'clock a. m. in the Chaim-s of the Board for the purpose of considering
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'j the adoption of amendments to the Weld County Subdivision Regulations,
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3-! WHEREAS the proposed amendments to the Subdivision Regulations
='= as approved by the Planning Commission on July 6, 1982, were
studied by the Board of County Commissioners, and
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Y- � WHEREAS, the Board of County Commissioners deems it advisable
to approve the proposed amendments to the Subdivision Regulations
,r.=n• ! as described in the attached Exhibit "A", incorporated herein and
0• — made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners that the amendments to the Weld County Subdivision
Regulations, as attached hereto, be and hereby are, adopted.
The above and foregoing Resolution was, on motion duly
made a seconded, adopted by the following vote on the 25th day
of August, A.D., 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
c-2-1,C-17 2
J rtin, irman
"' w�a``` huck Carlson, Pro Tem
ATTEST,..
Norman Calrson
• Weld County Clerk and Recorder
.and Clerk to th Boa d•
C. W. Kirby
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'Deputy County clerk EXCUSED
A1�PRO D AS TO FORM: June K. Steinmark
.dam-•-- O� -
County Attorney I q.Z-/b7/
LHR245 DATE PRESENTED: AUGUST 30, 1982
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EXHIBIT "A"
✓ Add a new section:
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N 2-31 Minor Subdivisions
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A reduced subdivision procedure for a tract of land being divided into
no more than six (6) total lots.
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o cc Amend as follows:
3-5 Mobile Home Parks
, Each mobile home park application shall be submitted as a Planned Unit
Development, and shall comply with SECTION [12-2] X24$.
New Section:
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3-6 Minor Subdivision
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Subdividers shall submit required material as included under SECTION
N.
got- 12-3. The process includes a review by both the Planning Commission
o and Board but requires only a Sketch Plan and Plat applications.
`u Design standards of these regulations are applicable to this
u procedures. Review criteria shall be the same as for any subdivision
request.
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¢ 6-4 Resubdivision Procedures
Delete Sections 6-4 A. B., and C.
, Replace with new Sections A., B., C., D., and E. to read:
A. For any change in a map of an approved or recorded subdivision
O"4plat or for any change in a map or plan legally filed prior to
adoption of any regulations controlling subdivisions, if such
change affects any lot line, any stret layout shown on such map,
or any area reserved for public use such as utility or drainage
easements, such change or parcel shall be approved by the
procedures delineated below in this Section 6-4 except that
changes only affecting lot lines and which do not create
additional parcels or affect public rights-of-way for street or
drainage purposes shall utilize Section 6-4 B below.
B. Requests for changes to lot lines which do not create additional
lots or affect public rights-of-way for street or drainage
purposes require the following procedure:
(1) Submittal requirements:
(a) An application for as prescribed and furnished by the
Department of Planning Services.
(b) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest
in said property. The deed, purchase contract, or
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tri 0 legal instrument should include a complete and accurate
p legal description of the property.
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C3; (c) A Utility Service Statement with signatures of
representatives of each municipality or utility company
involved to verify that existing and proposed easement
designes are adequate for the respective utilities if
o the lot line(s) being relocated affect an easement for
utilities.
(d) A letter of explanation detailing the situation
22 indicating the reason(s) why the request for the
in resubdivision or vacation..has been made. The letter
should address the revisions or vacation being
requested as compared to the previously recorded plat.CC. (e) A copy of the existing recorded plat.
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tt (f) A map of either 811" X 14" or 24"X 36" in size (a map
prepared on the 24" X 36" size must be accompanied by 6
copies) prepared in accordance with the applicable
requirements of Sections 6-1 and 6-2 of these
i Subdivision Regulations. The Director of the
t- Department of Planning Services may waive any
znon-applicable requirements.
(2) Review Procedure.
(a) Upon determination that an application is complete, the
Department of Planning Services shall place the request
N on the first available scheduled Planning Commission
meeting.
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(b) In the event that a utility easement is affected, the
Department of Planning Services shall first place the
matter for review on the first available Utilities
Review Advisory Committee meeting before presenting the
request to the Planning Commission.
(c) The Board shall review the request within ten (10) days
of the Planning Commission action. If the Board
determines the request complies with the applicable
requirements of those regulations, they shall endorse
on the plat in the space provided.
(d) The map shall be recorded as provided in Section 6-3E
of these Subdivision Regulations.
C. Requests for resubdivision for the purpose of redesign, addition
of new lots, or vacation of all or portions of a subdivision
shall be subject to the resubdivision submittal requirements of
the 6-4D below. These revisions shall be submitted to the
Planning Commission and Board of County Commissioners for their
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0I review. The request shall be reviewed in accordance with
`-' Section 6-3 of these regulations.
C D. The applicant shall submit to the Office of the Department of
0 3 Planning Services the following items with the appropriate fee
C for a request for a resubdivision or vacation in the
unincorporated area of Weld County, Colorado:
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(1) An applicant form as prescribed and furnished by the
r- Department of Planning Services.
(2) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest in
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}_':• said property. The deed, purchase contract, or legal
CO instrument should include a complete and accurate legal
z description of the property.
(3) 12 copies of a plat showing the existing lot divisions and
rr the proposed lot changes in accordance with the Final Plat
drawing requirements of Section 6.1.B. of the Subdivision
y u Regulations.
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0 z (4) A Utility Service Statement with signatures of
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representatives of each municipality or utility company
involved to verify that existing and proposed easement
designs are adequate for the respective utilities.
(5) A letter of explanation detailing the situation indicating
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the reason(s) why the request for the resubdivision or
o - vacation has been made. The letter should address the
:i revisions or vacation being requested as compared to the
previously recorded plat.
(6) One copy of the existing recorded plat of the subdivision
shall be provided for comparison purposes.
(7) A certified list of the names, addresses and the
corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property (the surface
estate) within five hundred (500) feet of the property
subject to the application. The source of such list shall
be the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived
from such records, or from the records of the Weld County
Clerk and Recorder. If the list was assembled from the
records of the Weld County Assessor, the applicant shall
certify that such list was assembled within thirty (30) days
of the application submission date. Such notice is not
required by Colorado State Statute and is provided as a
courtesy to surrounding property owners. Inadvertent errors
by the applicant in supplying such list in sending such
notice shall not create a jurisdictional defect in the
hearing process even if such error results in the failure of
a surrounding property owner to receive such notification.
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U (8) A certified list of the names and addresses of mineral
0 owners and lessees of mineral owners having an interest in
the property which is the submect of the application. The
list shall reflect the names of these owners and lessees as
they appear on the plats or records in the County Clerk and
p w Recorder's Office and as their most recent addresses may
3 appear in the telephone directory or other directory of
o cc general use in the area of the property or on the tax
qrecords of the County.
t.� (9) Any other information determined to be necessary by the
c Department of Planning Services that will aid in helping the
Planning Commission and the Board of County Commissioners
`v make a decision.
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E. Any such resubdivision shall be approved if it complies with the
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requirements of this Section 6-4 and other adopted rules,
z regulations and ordinances currently in force and affecting the
;3'- land and its development in the County except that:
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T., (1) No lot or parcel of land shall be created that is less than
'-F-F the minimum requirements for area or dimension as
s w established by these regulations or other applicable
re,u_
�.� ordinances;
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(2) Drainage easements or rights-of-way reserved for drainage
shall not be changed unless supported by complete
engineering data; and
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5, (3) The plat shall not be altered in any way which will
adversely affect the character of the plat filed.
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• SECTION 9 RULES AND REGULATIONS FROM EXEMPTIONS
9-2 E (1): replace (k) with the following:
(k) That the proposed lots are not part of a recorded
exemption approved within less than five (5) years
previous, are not part of a subdivision, or are not
part of a Minor Subdivision.
Add a new Section 9-2 B. (5) to read:
(5) No lot which is part of an approved or recorded subdivision
or any map or plan filed in the records of the Weld County
Clerk and Recorder prior to adoption of any regulations
controlling subdivisions, or part of any Minor Subdivision,
shall be redivided or changed in any manner by the Recorded
Exemption procedure. Such platted lots may only be
resubdivided or changed by utilizing SECTION 6-4 or 12-3 (as
applicable) of these Regulations.
Add a new Section 9-3 B. (3) to read:
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(3) No lot which is part of an approved subdivision plat or any
map or plan filed in the records of the Weld County Clerk
and Recorder prior to adoption of any regulations
tr controlling subdivisions, or part of any Minor Subdivision,
y`=' shall be redivided or changed in any manner by the
Subdivision Exemption procedure. Such platted lots may only
be resubdivided or changed by utilizing SECTION 6-4 or 12-3
(as applicable) of these Regulations.
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SECTION 11 IMPROVEMENTS AGREEMENT
11-1 Contract
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No Final Plat shall be approved by the Board until the subdivider has
`j submitted a Subdivision Improvement Agreement or a contract approved
by the Board agreeing to construct the required improvements as shown
G_j in plans, plats, and supporting documents. [Any such Agreement or
ti 3 contract shall be made in conformance with the Weld County Policy on
oq;y Collateral for Agreements.]
11-1 Contract
'—' No Final Plat shall be approved by the Board until the subdivider has
submitted a Subdivision Improvement Agreement or a contract approved
by the Board agreeing to construct the required improvements as shown
in plans, plats, and supporting documents. Any such Agreement or
== contract shall be made in conformance with the Weld County Policy on
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Collateral for Agreements.
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Delete 11-2 and 11-3
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SECTION 12 VARIANCES
• Renumber 12 A to 12-1 and 12 B to 12-2
Add New Section:
cL:: 12-3 Minor Subdivisions
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▪w A. Intent
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The intent in establishing the Minor Subdivision Procedure is to
provide a reduced scale process for land developments which will
have a minimum impact. A maximum of six (6) lots can be created
•• through this procedure. Such developments shall only be
✓ permitted when they are compatible with the surrounding area and
uses; are not inconsistent with efficient and orderly
development; are consistent with the Weld County Comprehensive
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Plan; and are consistent with provisions of the Weld County
z Zoning Ordinance.
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o B. General
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`c (1) Any lot having been created through the Minor Subdivision
w
u w Procedure cannot be further divided by another Minor
z Subdivision or Recorded Exemption, nor can such a lot be
amended by a Subdivision Exemption.
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(2) No lot which is part of an approved or recorded subdivision
plat or any map or plan filed in the records of the Weld
County Clerk and Recorder prior to adoption of any
0 a regulations controlling subdivisions, shall be redivided or
L• changed in any manner by the Minor Subdivision procedure.
0 r Any such platted lots may only be resubdivided or changed by
utilizing SECTION 6-4 of these regulations.
(3) Public road rights-of-way shall be dedicated or reserved in
conformance with the Weld County Thoroughfare Plan or in
conformance with the master plans of affected
municipalities.
(4) No Minor Subdivision shall be considered complete until the
plat, required pursuant to SECTION 12-3, has been submitted
to the Weld County Clerk and Recorder in accordance with
SECTION 12-3.
C. Sketch Plan Submission
SECTION 4 of these Subdivision Regulations shall be utilized for
the Minor Subdivision sketch plan review.
D. Platting Submission
The Minor Subdivision combines the normal Preliminary and Final
plat processes as described below:
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c (1) The following information shall be submitted on forms
provided by the Department of Planning Services.
(a) Name, address, and telephone number of the
applicant(s).
3 (b) Name and address of the fee owner(s) of the property
o ce proposed for the Minor Subdivision, if different from
above.
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�-' (c) Legal description of the property under consideration.
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(d) Total acreage of the original parcel under
consideration.
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(e) Approximate acreage of the proposed parcels.
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(f) Signatures of the applicant and fee owner(s) or their
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authorized legal agent.
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it (2) Written and Supportive Information
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(a) A summary of the application including total area,
:•� number of lots, proposed water and sewage systems, road
z and accesses to be utilized, and an estimate of
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construction costs and methods to finance them.
L T (b) Statements from utility companies regarding capability
Z to serve the proposed lots. A utility plan should be
prepared to illustrate proposed easements. Utilities
to be included are: water, sewer, electric, gas,
telephone, fire district (as applicable).
(c) A soil and geological investigation report (prepared by
a professional engineer/geologist) regarding the
suitability of the area for the proposed development.
In those cases where a development proposes on site
water or sewer, the report shall include appropriate
information to determine acceptability for on-site
systems.
(d) A drainage plan which indicates existing or proposed
water courses and storm water run off patterns which
will result from the proposed development. If required
by the County Engineer, a detailed engineering report
shall be prepared by a qualified professional engineer.
(e) A copy of a certificate of title as required in SECTION
6-2B of these regulations.
(f) Where applicable, a copy of agreements signed by
agricultural ditch companies specifying the agreed upon
treatment of the ditch including fencing as provided in
SECTION 8-12 of these regulations.
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(g) Certificate from the County Treasurer showing no
delinquent taxes.
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(h) Where applicable, an Improvements Agreement or Contract
v (made in conformance with the Weld County Policy on
Collateral.for Agreements) shall be submitted agreeing
to construct required improvements. Improvements to be
U!;3 included are as listed in SECTION 10 of these
Subdivision Regulations.
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w (i) A copy of a deed, legal
purchase contract, or other le
cc instrument indicating that the applicant has interest
C.) in said property. The legal instrument used should
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T`- include a complete and accurate legal description of
_^• the property.
(j) A copy of deed restrictions or covenants which govern
t: the future use of the lots and any common land.
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(k) Monument record for required benchmark, and closure
re,i sheets for the entire tract included in the plat and
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for each block in said tract.
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(1) A certified list of names and addresses as required in
SECTIONS 5-2G and 5-2H of these regulations.
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z (m) Such additional information as may be required by the
Board of County Commissioners in order to determine
that the application meets the standards and policies
as set forth in this SECTION 12-3, and these
Subdivision Regulations. The burden of proof shall be
on the subdivider to show compliance with this SECTION
ti 12-3.
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(3) The following information shall be submitted in map form.
Dimensions of the map to be eight and one-half (81/2) inches
by eleven (11) inches or eight and one-half (8/) inches by
fourteen (14) inches.
A map of the property at a suitable scale to show the
proposed division of the property; accesses to the property
indicating whether the access is existing or proposed;
location and measurements of any easements or rights-of-way;
amount of road frontages; identification of any county,
state or federal roads or highways; proposed drainage
features; and any existing structures on the property.
Please identify the type of structures (i.e., mobile home,
labor house, barn, single family dwelling, etc.).
(4) If any such Minor Subdivision is approved by the Board, a
plat as described below shall be submitted to the Department
of Planning Services to be recorded in the Office of the
Weld County Clerk and Recorder. The location and size of.
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the lots shall comply with those lots described or shown
o , pursuant to 12-3 D, et seq. above.
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(a) The plat shall be prepared by a registered land
surveyor in the State of Colorado.
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(b) The plat shall be prepared on 1 or more
consecutively numbered sheets measuring 82" X 14"
or 24" X 36". It shall be drawn on waterproof
linen or mylar in ink.
'= (c) The plat shall be titled, "Minor Subdivision No.
•.c " (the appropriate number to be filled in by
the Planning Department).
^a= (d) The plat and legal description shall include all
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contiguous land owned by the applicant.
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o (e) The plat shall include a complete and accurate
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legal description of the parcel of land and its
acreage.
C (f) The plat shall include a vicinity sketch locating
0-z the tract with respect to roads and other major
`- land features.
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(g) The plat shall include an accurate drawing of the
tract and the proposed division of lots. This
▪�-" drawing shall include bearings, lengths and curve
data of all perimeter and lot lines. The lots
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shall be designated and the acreage of each given.
x+ - Existing or proposed to be dedicated public
rights-of-way which provide access to the tract
shall be shown. The scale of the drawing shall be
adequate to clearly show the above required items.
A scale and north arrow shall be included.
(h) The plat shall include any utility, ditch, or
drainage easements required.
(i) The plat shall show any areas restricted for
building due to drainage, soil, or geological
limitations.
(j) The plat shall bear the certifications as required
under Section 6-2 N. of these regulations.
E. Duties of the Department of Planning Services
The Weld County Department of Planning Services shall be
responsible for processing all applications for Minor
Subdivisions. The Department shall also have the responsibility
10
of ensuring that all application submittal requirements are met
t•a prior to initiating any official action as listed below.
(1) The Department of Planning Services shall review the
C 3 sketch plan as set forth in Section 4-1 C. of these
regulations.
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(2) The Department of Planning Services, upon receipt of a
platting request shall:
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;`- (a) Set a Planning Commission hearing date not more
... than forty-five (45) days after the complete
application has been submitted.
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(b) Refer the application to the following agencies,
when applicable, for their review and comment.
0 z The agencies named shall respond within
:_s thirty-five (35) days after the mailing of the
Gapplication by the Department of Planning
Services. The failure of any agency to respond
within thirty-five (35) days may be deemed to be a
favorable response. The reviews and comments
Ca solicited by Weld County are intended to provide
zthe County with information about the proposed
Recorded Exemption. The Board 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 are recommendations
6,' to the County. The authority and responsibility
6,c4
for making the decision to approve or deny the
request rests with the Board. Review agencies
shall include:
- The Planning Commission or Governing Body of
any town and county whose boundaries are
within a three (3) mile radius of the parcel
under consideration for a Recorded Exemption,
or that has included the parcel in its master
planning area.
- Weld County Department of Health Services.
- Weld County Department of Engineering
Services.
- Colorado State Department of Highways.
- Colorado State Engineer, Division of Water
Resources.
- Any irrigation ditch company with facilities
on or adjacent to the parcel under
consideration.
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- Colorado Geological Survey.
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N; - Any other agencies or individuals whose
review the Department of Planning Services,
9 or the Board of County Commissioners deem
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3 necessary.
(c) Notice shall be published once in a local
newspaper of general circulation in the area where
the land is located at least ten (10) days prior
to the Planning Commission Hearing.
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• (d) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owner(s) of
property the surface estate within five hundred
(500) feet of the property under consideration.
The source of the ownership information will be
m
z from the submitted list required in Section
w 12-3D(2)(1). Such notification shall be mailed,
v f first class, not less than ten (10) days before
the scheduled hearing. Such notice is not
required by Colorado State Statute and is provided
as a courtesy to surrounding property owners.
Inadvertant errors by the applicant in supplying
z such list or in sending such notice shall not
create a jurisdictional defect in the hearing
process even if such error results in the failure
{ of a surrounding property owner to receive such
notification.
c< (e) Notice of the time, date and place of the Planning
0 Commission Hearing shall be sent to owners and
'= lessees of the mineral estate on or under the
subject property. The source of the ownership
information will be from the submitted list
required in Section 12-3D(2)(1). Such
notification shall be mailed, registered mail, not
less than ten (10) days before the scheduled
hearing.
(f) Prepare staff comments addressing all aspects of
the application, its conformance with the Weld
County Comprehensive Plan, 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 Section 12-3.
(g) Schedule a meeting for the Board within ten (10)
days of the Planning Commission's action.
(h) Submit to the Board for review any plat required
under 12-3 D (4) of this Section 9 which does not
comply with the approved Recorded Exemption.
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(i) Submit to the Weld County Clerk and Recorder, for
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recording, plats of approved actions required in
12-3 D (4) above.
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F. Approval or Disapproval - Planning Commission
The Minor Subdivision shall be reviewed by the Planning
Commission in accordance with Section 5-4 A of these regulations.
The decision shall be made within twenty-one (21) days of the
i*"= review unless otherwise agreed to by the applicant.
G. Approval of Disapproval-Board
1. The Board of County Commissioners shall hold a public
hearing within ten (10) days of the Planning Commission's
z action to consider the application and to take final action
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{_' thereon. In making a decision on the proposed Minor
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Subdivision, the Board shall consider the recommendation of
the Planning Commission, and from the facts presented at the
public hearing and the information contained in the official
;, record, which includes the Department of Planning Services
^ case file, the Board of County Commissioners shall approve
z the request for the Minor Subdivision unless it finds that
the applicant has not met one or more of the standards of
?' this Section 12-3. The applicant has the burden of proof to
::_. show that the standards and conditions of Section 12-3 are
``-z met.
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a 2. The Board's review shall be guided by the requirements of
0— Section 5-4 A of these regulations.
3. When applicable, no Minor Subdivision shall be approved by
the Board until the applicant has submitted and the Board
approves an Improvements Agreement or a contract agreeing to
construct the required improvements. Any such Agreement or
contract shall be made in conformance with the Weld County
Policy on Collateral for Agreements.
4. Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed. A
record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board. The Board
shall also authorize the Chairman to sign the plat required
by Section 12-3 D (4) et. seq., when it finds the plat in
conformance with an approved Minor Subdivision.
H. Correction to a Minor Subdivision
The Board of County Commissioners may, without a hearing or
compliance with any of the submission, referral, or review
requirements of these regulations, approve a correction to a
Minor Subdivision if the sole purpose of such correction is to
correct one or more technical errors in the legal description and
where such correction is consistent with the approved plat.
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I. • Amendments
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Any change to a previously approved Minor Subdivision which is
r not a "Correction" as defined in 12-3H above shall follow the
procedures of Section 6-4.
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14
WELD COUNTY SUBDIVISION REGULATION AMENDMENTS
ADOPTED JUNE 9, 1982
SECTION 2 DEFINITIONS
Delete Section 2-1 Subdivision or Subdivided Land and replace with a
new Section 2-1:
2-1 Subdivision or Subdivided Land
A. Any parcel of land which is to be used for condominiums,
apartments, or any other multiple-dwelling units, unless such
land when previously subdivided was accompanied by a filing
which complied with the provisions of these regulations with
substantially the same density, or which is divided into two or
more parcels, separate interests, or interests in common,
unless exempted under paragraph (1), (2), or (3) of this
subsection 2-1. As used in these regulations, "interests"
includes any and all interests in the surface of land but
excludes any and all subsurface interests.
(1) The terms "subdivision" and "subdivided land", as defined
in paragraph (A) of this subsection 2-1, shall not apply
to any division of land which creates parcels of land each
of which comprises thirty-five or more acres of land and
none of which is intended for use by multiple owners.
(2) Unless the method of disposition is adopted for the
purpose of evading these regulations, the terms
"subdivision" and "subdivided land", as defined in
paragraph (A) of this subsection 2-1 shall not apply to
any division of land:
(a) Which creates parcels of land, such that the land
area of each of the parcels, when divided by number
of interest in any such parcel, results in
thirty-five or more acres per interest;
(b) Which could be created by any court in this state
pursuant to the law of eminent domain, or by
operation of law, or by order of any court in this
state if the Board of County Commissioners is given
timely notice of any such pending action by the court
and given opportunity to join as a party in interest;
(c) Which is created by a lien, mortgage, deed of trust,
or any other security instrument;
(d) Which is created by a security or unit of interest in
any investment trust regulated under the laws of this
state or any other interest in an investment entity;
(e) Which creates cemetery lots;
(f) Which creates an interest in oil, gas, minerals, or
water which is severed from the surface ownership of
real property;
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(g) Which is created by the acquisition of an interest in
land in the name of a husband and wife or other
persons in joint tenancy or as tenants in common, and
any such interest shall be deemed for purposes of
this subsection 2-1 as only one interest; or
(h) Which is created by the combination of contiguous
parcels of land into one larger parcel. If the
resulting parcel is less than thirty-five acres in
land area, only one interest in said land shall be
allowed. If the resulting parcel is greater than
thirty-five acres in land area, such land area,
divided by the number of interests in the resulting
parcel, must result in thirty-five or more acres per
interest. Easements and rights-of-ways shall not be
considered interests for purposes of this sub-
paragraph (h).
(3) The Board of County Commissioners may, exempt from this
definition of the terms "subdivision" and "subdivided
land" any division of land if the Board of County
Commissioners determines that such division is not within
the purposes of these regulations.
Section 2-2 shall be amended as follows:
2-2 Resubdivision
Any change in a map of an approved or recorded subdivision plat
or any change in a map or plan filed prior to adoption of any
regulations controlling subdivisions, if such change affects
any lot line, any street layout on such map, or any area
reserved for public use such as utility or drainage easements.
Add new Section 2-31 Registered Mail to read:
Section 2-31 Registered Mail. Mail recorded in the post office of
mailing and guaranteed special care in delivery. Registered mail
includes certified mail and registered mail as defined by the U.S.
Postal Service.
2
SECTION 5 PRELIMINARY PLAN
5-2 Supporting Documents Required
Section 5-2 D. shall be amended as follows:
A letter from each special district, municipality or utility company
involved addressed to the Planning Commission and a utility service
statement accompanied by a plat signed by the appropriate
representative stating that specific services and/or utilities are
available and they have reviewed the plan and are setting forth
their comments concerning the extent of services and the design of
utility easements.
Add new subsection G. to read:
G. A certified list of the names, addresses and the corresponding
Parcel Identification Number assigned by the Weld County
Assessor of the owners of property of the surface estate within
five hundred (500) feet of the property subject to the
application. The source of such list shall be the records of
the Weld County Assessor, or an ownership update from a title
or abstract company or attorney, derived from such records, or
from the records of the Weld County Clerk and Recorder. If the
list was assembled from the records of the Weld County
Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission
date. Such notice is not required by Colorado State Statute
and is provided as a courtesy to surrounding property owners.
Inadvertent errors by the applicant in supplying such list or
in sending such notice shall not create a jurisdictional defect
in the hearing process even if such error results in the
failure of a surrounding property owner to receive such
notification.
Add new subsection H to read:
H. A certified list of the names and addresses of mineral owners
and lesses of mineral owners having an interest in the property
which is the subject of the application. The list shall
reflect the names of these owners and lesses as they appear on
the plats or records in the County Clerk and Recorder's Office
and as their most recent addresses may appear in the telephone
directory or other directory of general use in the area of the
property or on the tax records of the County.
3
5-3 Review Procedures - Preliminary Plan
Delete Subsection C and replace with new subsection C:
C. The agencies named in this section shall make recommendations
within thirty-five days after the mailing by the county or its
authorized representatives of such plans unless a necessary
extension of not more than thirty days has been consented to by
the subdivider and the Board. The failure of any agency to
respond within thirty-five days or within the period of an
extension may, for the purpose of the hearing on the plan, be
deemed an approval of such plan; except that, where such plan
involves twenty or more dwelling units, a school district may
be required to submit within said time limit specific
recommendations with respect to the adequacy of school sites
and the adequacy of school structures.
Delete Subsection D. and replace with a new Subsections D., E., F.,
and G.
D. Notice shall be published once in a local newspaper of general
circulation in the area where the land is located at least ten
(10) days prior to the Planning Commission Hearing.
E. Notice of the time, date and place of the Planning Commission
Hearing shall be sent to owner(s) of property the surface
estate within five hundred (500) feet of the property under
consideration. The source of the ownership information will be
from the submitted list required in Section 5-2 G. Such
notification shall be mailed, first class, not less than ten
(10) days before the scheduled hearing. Such notice is not
required by Colorado State Statute and is provided as a
courtesy to surrounding property owners. Inadvertent errors
by the applicant in supplying such list or in sending such
notice shall not create a jurisdictional defect in the hearing
process even if such error results in the failure of a
surrounding property owner to receive such notification.
F. Notice of the time, date and place of the Planning Commission
Hearing shall be sent to owners and lessees of the mineral
estate on or under the subject property. The source of the
ownership information will be from the submitted list required
in Section 5-2 H. Such notification shall be mailed,
registered mail, not less than ten (10) days before the
scheduled hearing.
4
G. The copy of the Preliminary Plan filed with the Planning
Department shall be available for public viewing. Any affected
person may submit verbal or written comments to the Planning
Commission regarding the Preliminary Plan, stating their
reasons for supporting or objecting to the Preliminary Plan
pursuant to these regulations, on or before the date of the
Planning Commission Hearing.
Delete Section 5-3 E and replace with new Subsection H.
A Utilities Review Advisory Committee shall consist of the Weld
County Engineer or a representative of the Weld County
Department of Engineering and such other representatives of
utility agencies as appointed by the Board. The Utilities
Review Advisory Committee shall meet as often as required to
review and make recommendations concerning any preliminary
plans and final plats pending before the Planning Commission.
Change Subsection 5-3 F to I. (No change in text.)
5-4 Approval or Disapproval - Preliminary Plan
Delete Section 5-4 A.(1))c)
Replace with:
(c) will not cause soil erosion, soil instability or reduction in
the capacity of the land to hold water so that it results in an
unstable, unhealthy or dangerous condition affecting human life
or structures.
Delete Subsection C. Recommendation and replace with a new
subsection C.:
C. Recommendation
The Planning Commission shall review the Preliminary Plan at a
regularly scheduled public meeting. Within ten (10) days after
the Planning Commission has made a final recommendation as to
the Preliminary Plan approval or disapproval, the Planning
Commission shall send written notification of its review and
its recommendations concerning the Preliminary Plan to the
Board.
Delete Subsection E. Plan Disapproval and Reapplication and F.
Appeal and replace with new subsections E. and F.
E. Board Hearing
The Board shall hold a hearing on the Preliminary Plan at a
regularly scheduled Board meeting within ten (10) days of
receipt of transmittal of the Planning Commission
recommendation. If the Board determines that the Preliminary
Plan submission complies with the applicable requirements of
these regulations, it shall authorize the subdivider to proceed
5
with the Final Plat, subject to such terms, conditions or
modifications as the Board determines to be appropriate.
F. Plan Disapproval and Reapplication
Disapproval of a Preliminary Plan shall contain in writing the
specific reasons for disapproval. A subdivider may, within six
(6) months, resubmit his plan application which shall include
an affidavit to the Planning Commission and Board that the
deficiencies in the previous application have been corrected
without paying additional fees. A review of the reapplication
shall follow the same review as outline in these regulations
for a new application. Any reapplication after six (6) months
will require a new fee.
SECTION 6 FINAL PLAT
6-2 Supporting Documents
Amend Section 6-2 H as follows:
A Utility Service Statement with signatures of representatives of
each municipality or utility company involved to verify that service
will be provided to the subdivision and that the proposed easement
designs are adequate for the respective utilities.
Add new Subsection P. to read:
P. A certified list of the names, addresses and the corresponding
Parcel Identification Number assigned by the Weld County
Assessor of the owners of property of the surface estate within
five hundred (500) feet of the property subject to the
application. The source of such list shall be the records of
the Weld County Assessor, or an ownership update from a title
or abstract company or attorney, derived from such records, or
from the records of the Weld County Clerk and Recorder. If the
list was assembled from the records of the Weld County
Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission
date. Such notice is not required by Colorado State Statute
and is provided as a courtesy to surrounding property owners.
Inadvertent errors by the applicant in supplying such list or
in sending such notice shall not create a jurisdictional defect
in the hearing process even if such error results in the
failure of a surrounding property owner to receive such
notification.
6
Add new Subsection Q. to read:
Q. A certified list of the names and addresses of mineral owners
and lessees of mineral owners having an interest in the
property which is the subject of the application. The list
shall reflect the names of these owners and lessees as they may
appear on the plats or records in the County Clerk and
Recorder's Office and as their most recent addresses may appear
in the telephone directory or other directory of general use in
the area of the property or on the tax records of the County.
6-3 Review Procedures - Final Plat
Add new Subsections B. (4), (5), and (6) to read:
B. (4) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owner(s) of property
of the surface estate within five hundred (500) feet of
the property under consideration. The source of the
ownership information will be from the submitted list
required in Section 6-2 P. Such notification shall be
mailed, first class, not less than ten (10) days before
the scheduled hearing. Such notice is not required by
Colorado State Statute and is provided as a courtesy to
surrounding property owners. Inadvertent errors by the
applicant in supplying such list or in sending such notice
shall not create a jurisdictional defect in the hearing
process even if such error results in the failure of a
surrounding property owner to receive such notification.
(5) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owners and lessees of
the mineral estate on or under the subject property. The
source of the ownership information will be from the
submitted list required in Section 6-2 Q. Such
notification shall be mailed, registered mail, not less
than ten (10) days before the scheduled hearing.
(6) A copy of the Final Plat filed with the Planning
Department shall be available for public viewing. Any
affected person may submit verbal or written comments to
the Planning Commission regarding the Final Plat, stating
the reasons for their support or objections to the Final
Plat pursuant to these regulations, on or before the date
of the Planning Commission Hearing.
7
Subsection 6-3 C. shall be amended as follows:
C. Board Hearing
The Board shall hold a hearing on the Final Plat within ten
(10) days of receipt of transmittal from the Planning
Commission at a regularly scheduled public board meeting. The
Board shall also consider the modifications recommended by the
Planning Commission. If the Board determines that the Final
Plat submission and the recommended modifications comply with
the applicable requirements of these regulations, they shall
endorse on the Plat in the space provided.
8
Delete Section 6-5 Numbering System and replace with a new Section
6-5:
6-5 Correction Plat
The Board of County Commissioners may, without a hearing or
compliance with any of the submission, referral, or review
requirements of these regulations, approve a correction plat if
the sole purpose of such correction plat is to correct one or
more technical errors in an approved plat and where such
correction plat is consistent with an approved preliminary plan
and and/or final plat.
Add new Section 6-6 Numbering System:
6-6 Numbering System
A. The Planning Department shall maintain an adequate numbered
filing system for all subdivisions, including copies of all
maps, data, and actions. A master location map (or maps)
referenced to the filing system shall be made available for
public use and examination.
9
SECTION 13 VIOLATIONS AND PENALTIES
Delete Subsection C. Building Permits and replace with Subsection
C.:
C. Building Permits
(1) Building permits, for construction on land divided in an
illegal manner subsequent to the adoption of these
Regulations, shall not be issued unless reviewed and
approved by the Board of County Commissioners. No
building permit shall be approved by the Board of County
Commissioners unless all of the following can be shown:
(a) The parcel shall be accessible from an existing
public road.
(b) The parcel will have access to an adequate water
supply;
(c) The parcel will have access to an adequate means for
the disposal of sewage;
(d) The issuance of the building permit will not change
the essential character of the neighborhood;
10
(e) The procedure defined in this Section is not being
utilized for the purpose of evading the requirements
and intent of the Weld County Subdivision
Regulations; and
(f) The owner does not own a parcel of land adjacent to
the subject parcel.
11
ft)((i' mEmORAnDUm
vuleT,Weld County Planning Commission Date March 30, 1982
COLORADO From Department of Planning Services
s�bt: Proposed amendments to the Weld County Subdivision Regulations
The Department of Planning Services staff recommends that the attached
proposed amendments to the Weld County Subdivision Regulations be approved
for the following reasons:
1. The existing Subdivision Regulations will be brought into conformance
with changes made in the State Statutes during the past three years.
2. The proposed changes defines written procedures which will coincide
with administrative procedures currently being utilized by the County.
3. The proposed changes clarifies sections of the regulations so that
they will be consistent with current interpretations of the County.
4. The proposed changes do not conflict with the Weld County Comprehensive
Plan or Zoning Ordinance.
CERTIFICATION OF COPY
I, Bobbie Good , Recording Secretary of 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. 'copted on July 6, 1982 and re-
corded in Book No. VIII of the proceedings of the said Planning
Commission.
Dated the 7th day of July 19 82
ChorX
Secretary \
- The replatting addition provides an accelerated process for
changing of lot lines. This has shown to be a common problem
in former platted towns where lots are small and combining lots
is often required.
- The new"Minor Subdivision" provides a reduced process for
small developments. While utilities, drainage, geologic conditions,
and roads are considered, the submittal and reviewing process
are significantly reduced.
- The collateral policy has been requested by the Board in order
to better deal with public improvements guarantees. It is
appropriate to make reference to that policy in the regulation.
Lae ND. CL= = None �e July_6, 1982
PL;E_,;;0T OF Weld County Planning Commission
A,DrSS 915 10th Street -Room 342, Greeley, Colorado $0631
!W ed by Bette Kountz 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
explication for Amendments to the Weld County Subdivision Regulations
covering the following described property in Weld County,
Colorado, to-wit:
be recommended (favorably) (NEINNWAgy0 to the Board of County
Commissioners for the following reasons:
The Weld County Planning Commission recommends approval of the proposed
amendments to the Weld County Subdivision Regulations for the following
reasons:
- The proposed changes involve two basic functions. First, a
reduced replatting procedure and second, a reduced subdivision
procedure. A third area is providing coordination with a
County policy-regarding collateral for improvements. All of
these areas are intended to make a more flexible regulatory
process while staying consistent with County responsibilities
provided by statute and the Weld County Comprehensive Plan.
lotion seconded by Wilbur Wafel
Vote: For Passage Wilbur Wafel Against Passage
Bette Kountz
Ed Reichert
Bill Diehl
Fred Otis
The Chairman declared the Resolution passed and ordered that a certified copy
be forwarded with the file of this case to the Board of County Commissioners
for further proceedings.
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing at 1:30 p.m.
on Tuesday, July 6, 1982, in the County Commissioners' Hearing Room, first
floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for
the purpose of considering the following proposals as amendments to the Weld
County Subdivision Regulations:
Section 2-31 - defines the minor subdivision procedure;
Section 3-5 - revises a section number;
Section 3-6 - establishes general procedure for minor
subdivisions;
Section 6-4 Resubdivision
- revises existing procedures for resubdivision
including a reduced process for lot line changes;
Sections 9-2E(1)(k), 9-26(5), 9-36(3)
- references minor subdivision relationship with
recorded exemptions;
Sections 11-1, 11-2, 11-3
- incorporate County Collateral Policy and eliminates
unnecessary sections; and
Section 12 Variances
-renumbers existing sections and establishes
procedures
for a minor subdivision which is usable
for developments with six (6) or fewer lots.
All persons in any manner interested in the proposed amendments to the Weld
County Subdivision Regulations are requested to attend and may be heard.
Materials pertaining to the proposed amendments are available for public
inspection in the office of the Department of Planning Services, Room 342,
Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Phone:
356-4000 Extension 400.
Fred Otis, Chairman
Weld County Planning Commission
To be published in the LaSalle Leader
To be published one (1) time by June , (publication date)
�Received � J
Date: ,/G7��r/Le___ l//93
mEmoRAnDum
Board of County Commissioners May 28, 1982
To Date
Department of Planning Services
COLORADO From
Amendments to Subdivision Regulations
Subject:
Subdivision activity is not just a relationship or experience between
developer and purchaser; subdivision pattern and style, similar to use,
is the pattern, or influences the pattern, and style of the community.
It is desirable to maintain orderly and rational growth and to do so,
certain controls and discretion must be maintained. Uncontrolled or
unanticipated development historically leads to inadequate streets,
water and sewer, as well as other services. The result is: anticipated
property values are not realized because of the deficient
characteristics; and the public and governmental units are asked to
resolve conflicts or provide solutions which generally will occur at the
expense of the general public.
The purpose of regulating private lands is simply to insure that the
public's interests and goals are satisfied. Subdivision process has
advanced from a technique to identify and sell property, to a method to
control the style of a community and insure the communities standards
are met. The transition was brought about due to speculative
activities, rapid growth which overtaxed available services and the
advent of the comprehensive planning movement.
The need to define and control sprawl and scattered development has been
enforced by the numerous planning studies of the late 1960's and early
1970's. Resultant conditions from this sprawl phenomenon are wasteful
and inefficient land utilization causing increased capital and service
costs for low levels of service and generally giving rise to increased
taxation. The American Society of Planning Officials suggests the
"leap-frogging" is the antithesis of overall planning -- scattered
development and soaring costs of services.
The subdivision and zoning process have similar purposes. Both are
intended to promote and facilitate a comprehensive plan. Both are
utilized to best assure a specific parcel will have the capability or
capacity to handle a proposed use. Items to be considered include:
adequate streets; drainage; availability of basic public services;
offsite effects (environmental); and preservation of existing natural
attributes. Both are intended to preserve the value of land through
minimizing conflicts and providing uniform standards.
Resubdivision--
The act of modifying an existing plat should be studied as thoroughly as
the original development. The need is more obvious if densities are
proposed to be changed or if streets and easements are being revised or
Board of County( Issioners
May 28, 1982
Page 2
added. The need to insure proper maintenance of original character of a
plat or of potential changes to utility and street needs is relevant,
however, even if the change is only moving a lot line. As well, even a
minor change should be reviewed to insure compliance with County
standards.
The Colorado Revised Statutes provide that the Board is to authorize
replats after the Planning Commission has reviewed the matter. Most
suggested subdivision "models"have a replat processed like a final plat
unless it is a significant revision. The present staff proposal
provides two procedures for replats. A minor change, only affecting a
lot line change (and no additional lots), is an abbreviated procedure.
The Board may wish to reduce the replat fee for this procedure as it may
require less handling.
The need to maintain orderly layout and use of land provides the impetus
for review. The required mapping to insure proper legal description and
monumentation is as required by statute.
Minor Subdivision Proposal
The need to develop greater flexibility in the County's land use process
has been previously brought to both the Planning Commission and Board.
It was presented as a need to study the Comprehensive Plan's rural
policies with the goal of providing more flexible and timely policies or
development, if justified. Such an approach provides both a legally
supported and rational approach for such revision.
The bringing forward of a minor subdivision procedure at this time
without an understanding of the broad, long term consequences defeats
the purpose and objectivity of the planning process. It does not
provide an understanding of the problem, rather it is a subjectively
induced "band-aid" which is perceived to cure an economic hardship or
special problem.
It is obviously too early to predict the effect to the County in terms
of land losses and service costs, but a review of a neighboring county's
procedures may give some insight. Larimer County recently changed their
exemption process from one that permitted upwards of five lots to only a
single lot split. All other activity is reviewed as a subdivision.
Problems encountered ranged from public services such as road congestion
and increased maintenance and police protection, to inadequate or
non-existent soil and drainage studies.
It may be desirable to devise a reduced process for development of few
homesites or a smaller tract, but it should not be treated as an
exemption. The Statutes provide authority to the Board to exempt --
make an exception for -- divisions of land from being a subdivision.
The County has coordinated this exception with its Comprehensive Plan
and Zoning Ordinance. Creating a building site in a rural environment
can be acceptable and does not necessarily change the character of that
rural area. If enough exemption lots were allowed to be created in a
given area, however, or if one or two minor subdivisions (with 3-5 lots
each) were granted in an area, the land use will have been affected if
Board of County C issioners
May 28, 1982
Page 3
not changed. All of this change will have occurred without consideration
of a zoning process -- a process intended to, in keeping with the
Comprehensive Plan, acknowledge land uses allowed for a given area or
property.
Recommendation
The staff recommends the adoption of the reduced procedure for certain
of the resubdivision actions.
The staff would suggest that the minor subdivision concept as an
exemption not be considered. If a minor subdivision is enacted it
should not be an exemption, rather it should be a modified subdivision
process. It should be only permitted where the land use is suited for
the subdivision -- only after proper zoning is obtained. It may be
possible to create a policy position, after study of the problems, which
may permit ease of rezoning certain rural areas for other than
agricultural use. But these will then be the rule rather that the
exception. The exemption's purpose should, within the County's present
context, not be disturbed without a long range understanding of the
possible consequences.
•J
Affidavit of Publication
STATE OF COLORADO, 1.ss.
County of Weld,
I,. id-4,-Z '17,e_,,,..„.e...,_./, .,of
said County of Weld,being duly sworn.say that
I am publisher of,
,a-- c
that the same is a weekly newspaper of genera:
circulation an( iint^ed�nd published in the
town of �rS.,a, u-i.-L v_..
in said county and state;that the notice cr adver-
tisement,of which the annexed is a true copy.
has been published in said weekly newspaper J
• for.-.. ... consecutive
weeks: that the notice was published in the
regular and entire issue of every number of said
newspaper during the period and time of publi
cation of said notice and in the newspaper
proper and not in a supplement thereof;,hat the
first publication of said notice was contained in
the issue of said n wspaper tearing date,tha
.7 day of_._. - A.L..19 PiyS
and the last publ"cation thereof,in the issue of
said ewspaper bearing date,the aZ day of
19 d. that the said
,
has been published continuously and uninterrupt-
edly during the period of at least fifty-two con-
secutive weeks next prior to the first issue thereof
containing said notice or advertisement above
referred to;and that said newspaper was at the
time of each of the publications of said notice,
duly qualified for that purpose within the mean-
ing of an act,entitled,"An Act Concerning Legal
Notices, Advertisements and Publications, and
the Fees of Printers and Publishers thereof,and
A Repeal all Acts and Parts of Acts in Conflict
with the Provisions of this Act,"approved April 7,
1921,cmd all amendments thereof,and particu-
larly as amended by an act approved,March 30,
1923, an act approved May 18,1931.
P lisher
Subscribed. sworn to before me this._a/___.
day of._. - A.D.,19_&
My commission expires.-//=7-,r,
Notary Public
Add a new section:
2-31 Minor Subdivisions
A reduced subdivision procedure for a tract of land being divided into
no more than six (6) total lots.
1
Amend as follows:
3-5 Mobile Home Parks
Each mobile home park application shall be submitted as a Planned Unit
Development, and shall comply with SECTION [12-2] 1?/B.
New Section:
3-6 Minor Subdivision
Subdividers shall submit required material as included under SECTION
12-3. The process includes a review by both the Planning Commission
and Board but requires only a Sketch Plan and Plat applications.
Design standards of these regulations are applicable to this
procedures. Review criteria shall be the same as for any subdivision
request.
2
SECTION 9 RULES AND REGULATIONS FROM EXEMPTIONS
9-2 E (1): replace (k) with the following:
(k) That the proposed lots are not part of a recorded
exemption approved within less than five (5) years
previous, are not part of a subdivision, or are not
part of a Minor Subdivision.
Add a new Section 9-2 B. (5) to read:
(5) No lot which is part of an approved or recorded subdivision
or any map or plan filed in the records of the Weld County
Clerk and Recorder prior to adoption of any regulations
controlling subdivisions, or part of any Minor Subdivision,
shall be redivided or changed in any manner by the Recorded
Exemption procedure. Such platted lots may only be
resubdivided or changed by utilizing SECTION 6-4 or 12-3 (as
applicable) of these Regulations.
Add a new Section 9-3 B. (3) to read:
(3) No lot which is part of an approved subdivision plat or any
map or plan filed in the records of the Weld County Clerk
and Recorder prior to adoption of any regulations
controlling subdivisions, or part of any Minor Subdivision,
shall be redivided or changed in any manner by the
Subdivision Exemption procedure. Such platted lots may only
be resubdivided or changed by utilizing SECTION 6-4 or 12-3
(as applicable) of these Regulations.
3
SECTION 11 IMPROVEMENTS AGREEMENT
11-1 Contract
No Final Plat shall be approved by the Board until the subdivider has
submitted a Subdivision Improvement Agreement or a contract approved
by the Board agreeing to construct the required improvements as shown
in plans, plats, and supporting documents. [Any such Agreement or
contract shall be made in conformance with the Weld County Policy on
Collateral for Agreements.]
11-1 Contract
No Final Plat shall be approved by the Board until the subdivider has
submitted a Subdivision Improvement Agreement or a contract approved
by the Board agreeing to construct the required improvements as shown
in plans, plats, and supporting documents. Any such Agreement or
contract shall be made in conformance with the Weld County Policy on
Collateral for Agreements.
Delete 11-2 and 11-3
4
SECTION 12 VARIANCES
Renumber 12 A to 12-1 and 12 B to 12-2
Add New Section:
12-3 Minor Subdivisions
A. Intent
The intent in establishing the Minor Subdivision Procedure is to
provide a reduced scale process for land developments which will
have a minimum impact. A maximum of six (6) lots can be created
through this procedure. Such developments shall only be
permitted when they are compatible with the surrounding area and
uses; are not inconsistent with efficient and orderly
development; are consistent with the Weld County Comprehensive
Plan; and are consistent with provisions of the Weld County
Zoning Ordinance.
B. General
(1) Any lot having been created through the Minor Subdivision
Procedure cannot be further divided by another Minor
Subdivision or Recorded Exemption, nor can such a lot be
amended by a Subdivision Exemption.
(2) No lot which is part of an approved or recorded subdivision
plat or any map or plan filed in the records of the Weld
County Clerk and Recorder prior to adoption of any
regulations controlling subdivisions, shall be redivided or
changed in any manner by the Minor Subdivision procedure.
Any such platted lots may only be resubdivided or changed by
utilizing SECTION 6-4 of these regulations.
(3) Public road rights-of-way shall be dedicated or reserved in
conformance with the Weld County Thoroughfare Plan or in
conformance with the master plans of affected
municipalities.
(4) No Minor Subdivision shall be considered complete until the
plat, required pursuant to SECTION 12-3, has been submitted
to the Weld County Clerk and Recorder in accordance with
SECTION 12-3.
C. Sketch Plan Submission
SECTION 4 of these Subdivision Regulations shall be utilized for
the Minor Subdivision sketch plan review.
D. Platting Submission
The Minor Subdivision combines the normal Preliminary and Final
plat processes as described below:
5
(1) The following information shall be submitted on forms
provided by the Department of Planning Services.
(a) Name, address, and telephone number of the
applicant(s).
(b) Name and address of the fee owner(s) of the property
proposed for the Minor Subdivision, if different from
above.
(c) Legal description of the property under consideration.
(d) Total acreage of the original parcel under
consideration.
(e) Approximate acreage of the proposed parcels.
(f) Signatures of the applicant and fee owner(s) or their
authorized legal agent.
(2) Written and Supportive Information
(a) A summary of the application including total area,
number of lots, proposed water and sewage systems, road
and accesses to be utilized, and an estimate of
construction costs and methods to finance them.
(b) Statements from utility companies regarding capability
to serve the proposed lots. A utility plan should be
prepared to illustrate proposed easements. Utilities
to be included are: water, sewer, electric, gas,
telephone, fire district (as applicable).
(c) A soil and geological investigation report (prepared by
a professional engineer/geologist) regarding the
suitability of the area for the proposed development.
In those cases where a development proposes on site
water or sewer, the report shall include appropriate
information to determine acceptability for on-site
systems.
(d) A drainage plan which indicates existing or proposed
water courses and storm water run off patterns which
will result from the proposed development. If required
by the County Engineer, a detailed engineering report
shall be prepared by a qualified professional engineer.
(e) A copy of a certificate of title as required in SECTION
6-2B of these regulations.
(f) Where applicable, a copy of agreements signed by
agricultural ditch companies specifying the agreed upon
treatment of the ditch including fencing as provided in
SECTION 8-12 of these regulations.
6
(g) Certificate from the County Treasurer showing no
delinquent taxes.
(h) Where applicable, an Improvements Agreement or Contract
(made in conformance with the Weld County Policy on
Collateral for Agreements) shall be submitted agreeing
to construct required improvements. Improvements to be
included are as listed in SECTION 10 of these
Subdivision Regulations.
(i) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest
in said property. The legal instrument used should
include a complete and accurate legal description of
the property.
(j) A copy of deed restrictions or covenants which govern
the future use of the lots and any common land.
(k) Monument record for required benchmark, and closure
sheets for the entire tract included in the plat and
for each block in said tract.
(1) A certified list of names and addresses as required in
SECTIONS 5-2G and 5-2H of these regulations.
(m) Such additional information as may be required by the
Board of County Commissioners in order to determine
that the application meets the standards and policies
as set forth in this SECTION 12-3, and these
Subdivision Regulations. The burden of proof shall be
on the subdivider to show compliance with this SECTION
12-3.
(3) The following information shall be submitted in map form.
Dimensions of the map to be eight and one-half (80) inches
by eleven (11) inches or eight and one-half (80) inches by
fourteen (14) inches.
A map of the property at a suitable scale to show the
proposed division of the property; accesses to the property
indicating whether the access is existing or proposed;
location and measurements of any easements or rights-of-way;
amount of road frontages; identification of any county,
state or federal roads or highways; proposed drainage
features; and any existing structures on the property.
Please identify the type of structures (i.e., mobile home,
labor house, barn, single family dwelling, etc.).
(4) If any such Minor Subdivision is approved by the Board, a
plat as described below shall be submitted to the Department
of Planning Services to be recorded in the Office of the
Weld County Clerk and Recorder. The location and size of
7
the lots shall comply with those lots described or shown
pursuant to 12-3 D, et seq. above.
(a) The plat shall be prepared by a registered land
surveyor in the State of Colorado.
(b) The plat shall be prepared on 1 or more
consecutively numbered sheets measuring 83" X 14"
or 24" X 36". It shall be drawn on waterproof
linen or mylar in ink.
(c) The plat shall be titled, "Minor Subdivision No.
" (the appropriate number to be filled in by
the Planning Department).
(d) The plat and legal description shall include all
contiguous land owned by the applicant.
(e) The plat shall include a complete and accurate
legal description of the parcel of land and its
acreage.
(f) The plat shall include a vicinity sketch locating
the tract with respect to roads and other major
land features.
(g) The plat shall include an accurate drawing of the
tract and the proposed division of lots. This
drawing shall include bearings, lengths and curve
data of all perimeter and lot lines. The lots
shall be designated and the acreage of each given.
Existing or proposed to be dedicated public
rights-of-way which provide access to the tract
shall be shown. The scale of the drawing shall be
adequate to clearly show the above required items.
A scale and north arrow shall be included.
(h) The plat shall include any utility, ditch, or
drainage easements required.
(i) The plat shall show any areas restricted for
building due to drainage, soil, or geological
limitations.
(j) The plat shall bear the certifications as required
under Section 6-2 N. of these regulations.
E. Duties of the Department of Planning Services
The Weld County Department of Planning Services shall be
responsible for processing all applications for Minor
Subdivisions. The Department shall also have the responsibility
8
of ensuring that all application submittal requirements are met
prior to initiating any official action as listed below.
(1) The Department of Planning Services shall review the
sketch plan as set forth in Section 4-1 C. of these
regulations.
(2) The Department of Planning Services, upon receipt of a
platting request shall:
(a) Set a Planning Commission hearing date not more
than forty-five (45) days after the complete
application has been submitted.
(b) Refer the application to the following agencies,
when applicable, for their review and comment.
The agencies named shall respond within
thirty-five (35) days after the mailing of the
application by the Department of Planning
Services. The failure of any agency to respond
within thirty-five (35) days may be deemed to be a
favorable response. The reviews and comments
solicited by Weld County are intended to provide
the County with information about the proposed
Recorded Exemption. The Board 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 are recommendations
to the County. The authority and responsibility
for making the decision to approve or deny the
request rests with the Board. Review agencies
shall include:
- The Planning Commission or Governing Body of
any town and county whose boundaries are
within a three (3) mile radius of the parcel
under consideration for a Recorded Exemption,
or that has included the parcel in its master
planning area.
- Weld County Department of Health Services.
- Weld County Department of Engineering
Services.
- Colorado State Department of Highways.
- Colorado State Engineer, Division of Water
Resources.
- Any irrigation ditch company with facilities
on or adjacent to the parcel under
consideration.
9
- Colorado Geological Survey.
- Any other agencies or individuals whose
review the Department of Planning Services,
or the Board of County Commissioners deem
necessary.
(c) Notice shall be published once in a local
newspaper of general circulation in the area where
the land is located at least ten (10) days prior
to the Planning Commission Hearing.
(d) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owner(s) of
property the surface estate within five hundred
(500) feet of the property under consideration.
The source of the ownership information will be
from the submitted list required in Section
12-3D(2)(1). Such notification shall be mailed,
first class, not less than ten (10) days before
the scheduled hearing. Such notice is not
required by Colorado State Statute and is provided
as a courtesy to surrounding property owners.
Inadvertant errors by the applicant in supplying
such list or in sending such notice shall not
create a jurisdictional defect in the hearing
process even if such error results in the failure
of a surrounding property owner to receive such
notification.
(e) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owners and
lessees of the mineral estate on or under the
subject property. The source of the ownership
information will be from the submitted list
required in Section 12-3D(2)(l). Such
notification shall be mailed, registered mail, not
less than ten (10) days before the scheduled
hearing.
(f) Prepare staff comments addressing all aspects of
the application, its conformance with the Weld
County Comprehensive Plan, 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 Section 12-3.
(g) Schedule a meeting for the Board within ten (10)
days of the Planning Commission's action.
(h) Submit to the Board for review any plat required
under 12-3 D (4) of this Section 9 which does not
comply with the approved Recorded Exemption.
10
(i) Submit to the Weld County Clerk and Recorder, for
recording, plats of approved actions required in
12-3 D (4) above.
F. Approval or Disapproval - Planning Commission
The Minor Subdivision shall be reviewed by the Planning
Commission in accordance with Section 5-4 A of these regulations.
The decision shall be made within twenty-one (21) days of the
review unless otherwise agreed to by the applicant.
G. Approval of Disapproval - Board
1. The Board of County Commissioners shall hold a public
hearing within ten (10) days of the Planning Commission's
action to consider the application and to take final action
thereon. In making a decision on the proposed Minor
Subdivision, the Board shall consider the recommendation of
the Planning Commission, and from the facts presented at the
public hearing and the information contained in the official
record, which includes the Department of Planning Services
case file, the Board of County Commissioners shall approve
the request for the Minor Subdivision unless it finds that
the applicant has not met one or more of the standards of
this Section 12-3. The applicant has the burden of proof to
show that the standards and conditions of Section 12-3 are
met.
2. The Board's review shall be guided by the requirements of
Section 5-4 A of these regulations.
3. When applicable, no Minor Subdivision shall be approved by
the Board until the applicant has submitted and the Board
approves an Improvements Agreement or a contract agreeing to
construct the required improvements. Any such Agreement or
contract shall be made in conformance with the Weld County
Policy on Collateral for Agreements.
4. Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed. A
record of such action and a copy of the resolution will be
kept in the files of the Clerk to the Board. The Board
shall also authorize the Chairman to sign the plat required
by Section 9-4 C (4) et. seq., in Section 9 when it finds
the plat in conformance with an approved Minor Subdivision.
H. Correction to a Minor Subdivision
The Board of County Commissioners may, without a hearing or
compliance with any of the submission, referral, or review
requirements of these regulations, approve a correction to a
Minor Subdivision if the sole purpose of such correction is to
correct one or more technical errors in the legal description and
where such correction is consistent with the approved plat.
11
I. Amendments
Any change to a previously approved Minor Subdivision which is
not a "Correction" as defined in 12-3H above shall follow the
procedures of this Section 12-3.
12
Docket No. 82-41
NOTICE OF PUBLIC HEARING
The Board of County Commissioners will conduct a public hearing at 10:00 A.M.
on Monday, August 16, 1982, in the County Commissioners' hearing room, first
floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado,
for the purpose of considering the following proposals as amendments to
the Weld County Subdivision Regulations:
tion_2-31 - defines the minor subdivision procedure;
ection 3-5— revises a section number;
Section 3-6 - establishes general procedure for miner
subdiyjsions;
Section 6-4 - Res.Mhidivision
- revises existing procedures for resubdivision
including a reduced process for lot line changes;
Sect ns 9-2E(1)(k), 9-2B(5), 9-3B(3)
- references minor subdivision relationship with
recorded exemptions;
-Sections 11-1,11-2i-11-3
- incorporate County Collateral Policy and eliminates
unnssary sections; and
Std"-
- renumbers existing sections and establishes
procedures for a minor subdivision which is
usable for developments with six (6) or fewer lots.
All persons in any manner interested in the propose amendments to the
Weld County Subdivison Regulations are requested to attend and may be heard.
Materials pertaining to the proposed amendments are available for public
inspection in the office of the Clerk to the Board of County Commissioners,
third floor, Weld County Centennial Center, 915 )0th Street, Greeley,
Colorado, Monday through Friday, 9:00 A.M. to 5:00 P.M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Bette M. Foose, Deputy
DATED: June 23, 1982
PUBLISHED: July 15, 1982 and August 5, 1982 in the LaSalle Leader
SECTION 11 IMPROVEMENTS AGREEMENT
11-1 Contract
No Final Plat shall be approved by the Board until the subdivider
has submitted a Subdivision Improvement Agreement or a contract
approved by the Board agreeing to construct the required
improvements as shown in plans, plats, and supporting documents.
11-1 Contract
No Final Plat shall be approved by the Board until the subdivider
has submitted a Subdivision Improvement Agreement or a contract
approved by the Board agreeing to construct the required
improvements as shown in plans, plats, and supporting documents.
[Any such Agreement or contract shall be made in conformance with
the Weld County Policy on Collateral for Agreements.]
11-1 Contract
No Final Plat shall be approved by the Board until the subdivider
has submitted a Subdivision Improvement Agreement or a contract
approved by the Board agreeing to construct the required
improvements as shown in plans, plats, and supporting documents.
Any such Agreement or contract shall be made in conformance with
the Weld County Policy on Collateral for Agreements.
Dele-6. I I-Z and I 1-3
17
Delete Sections 6-4 A., B., and C.
Replace with new Sections A., B., C., D., and E. to read:
A. For any change in a map of an approved or recorded subdivision
plat or for any change in a map or plan legally filed prior to
adoption of any regulations controlling subdivisions, if such
change affects any lot line, any street layout shown on such
map, or any area reserved for public use such as utility or
drainage easements, such change or parcel shall be approved by
the procedures delineated below in this Section 6-4 except
that changes only affecting lot lines and which do not create
additional parcels or affect public rights-of-way for street
or drainage purposes shall utilize Section 6-4 B below.
B. Requests for changes to lot lines which do not create
additional lots or affect public rights-of-way for street or
drainage purposes require the following procedure:
(1) Submittal requirements:
(a) An application for as prescribed and furnished by
the Department of Planning Services.
(b) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has
interest in said property. The deed, purchase
contract, or legal instrument should include a
complete and accurate legal description of the
property.
(c) A Utility Service Statement with signatures of
representatives of each municipality or utility
company involved to verify that existing and
proposed easement designs are adequate for the
respective utilities if the lot line(s) being
relocated affect an easement for utilities.
(d) A letter of explanation detailing the situation
indicating the reason(s) why the request for the
resubdivision or vacation has been made. The letter
should address the revisions or vacation being
requested as compared to the previously recorded
plat.
(e) A copy of the existing recorded plat.
(f) A map of either 8f" X 14" or 24" X 36" in size (a
map prepared on the 24" X 36" size must be
accompanied by 6 copies) prepared in accordance with
the applicable requirements of Sections 6-1 and 6-2
of these Subdivision Regulations. The Director of
the Department of Planning Services may waive any
non-applicable requirements. •
15
(2) Review Procedure.
(a) Upon determination that an application is complete,
the Department of Planning Services shall place the
request on the first available scheduled Planning
Commission meeting.
(b) In the event that a utility easement is affected,
the Department of Planning Services shall first
place the matter for review on the first available
Utilities Review Advisory Committee meeting before
presenting the request to the Planning Commission.
(c) The Board shall review the request within ten (10)
days of the Planning Commission action. If the
Board determines the request complies with the
applicable requirements of those regulations, they
shall endorse on the plat in the space provided.
(d) The map shall be recorded as provided in Section 6-3
E of these Subdivision Regulations.
C. Requests for resubdivision for the purpose of redesign,
addition of new lots, or vacation of all or portions of a
subdivision shall be subject to the resubdivision submittal
requirements of the 6-4 D below. These revisions shall be
submitted to the Planning Commission and Board of County
Commissioners for their review. The request shall be reviewed
in accordance with Section 6-3 of these regulations.
Renumber the following Sections:
6-4 C changed to 6-4 D
6-4 D changed to 6-4 E
16
3-2 Summary of Rules and Regulations for Exemptions from the Definition
of Subdivisions.
A. Application for Recorded Exemption
The owner or agent of the owner of a tract or parcel of land
not located in a platted subdivision which is proposed to be
/ divided into two (2) building sites, tracts, or lots may apply
to the Board for a Recorded Exemption as provided in SECTION 9
unless previously exempted in Section 2-1A above.
('1! B. Application for Subdivision Exemption
The owner or agent of the owner of a tract(s) or parcel(s) of
land not located in a platted subdivision which is proposed to
✓ be used temporarily by a public utility or requires a lot line
adjustmentyand for which no new permanent building sites are
created, may apply to the Board for a Subdivision Exemption as
provided in SECTION 9 unless previously exempted in Section
2-IA above.
C. Application for Minor Subdivision
The owner or agent of the owner of a tract or parcel of land
which is proposed to be divided into building sites,
tracts, or lots may apply to the Board for a Minor Subdivision
as provided in SECTION 9 unless previously exempted in Section
2-IA above.
1
SECTION 9 RULES AND REGULATIONS FROM EXEMPTIONS
9-1 Exemption from Definition of "Subdivision or Subdivided Land"
The Board hereby determines that land divisions which meet the
requirements for exemption in this Section 9 are not within the
purposes of Article 28 of Title 30 of CRS '73 as amended. Pursuant
to sub-section (10)(d) of 30-28-101 of CRS '73, as amended, such
land divisions are exempt from the definition of "subdivision" or
"subdivided land" and from following the complete regulations,
requirements and procedures set forth in these Subdivision
Regulations. Such land divisions must follow the procedures in
this Section 9. Exemptions approved pursuant to this Section 9
shall be referred to as "Recorded Exemptions", "Subdivision
Exemptions", or "Minor Subdivisions".
9-2 E (1)
(k) That the proposed lots are not part of a recorded
exemption approved within less than five (5) years
previous, are not part of a subdivision, or are not part
of a Minor Subdivision.
Add a new Section 9-2 B. (5) to read:
9-28.(5) No lot which is part of an approved or recorded subdivision or
any map or plan filed in the records of the Weld County Clerk
and Recorder prior to adoption of any regulations controlling
subdivisions, or p rt of any Minor Subdivision, shall be
v/ redivided or change in any manner by the Recorded Exemption
procedure. Such platted lots may only be resubdivided or
changed by utilizing Section 6-4 or 9-4 (as applicable) of
these Regulations.
Add a new Section 9-3 B. (3) to read:
9-3B.(3) No lot which is part of an approved subdivision plat or any
map or plan filed in the records of the Weld County Clerk and
Recorder prior to adoption of any regulations controlling
subdivisions, or part of any Minor Subdivision, shall be
redivided or changed in any manner by the Subdivision
Exemption procedure. Such platted lots may only be
,/ resubdivided or changed by utilizing Section 6-4 or 904 (as
applicable) of these Regulations.
2
Add a new Section 9-4 to read:
9-4 Minor Subdivisions
A. Intent
The intent in establishing the Minor Subdivision Procedure is
to provide a reduced scale process for land developments which
will have a minimum impact. A maximum of lots can be
created through this procedure. Such developments should only
be permitted when they are compatible with the surrounding
area and uses; will not be inconsistent with efficient and
orderly development; and are consistent with the Weld County
Comprehensive Plan.
B. General
(1) Any lot having been created through the Minor Subdivision
Procedure cannot be further divided by another Minor
Subdivision of Recorded Exemption, nor can such a lot be
amended by a Subdivision Exemption.
(2) An applicant's total contiguous land ownership shall be
the subject of the Minor Subdivision request except as
follows:
In the "A" -- Agricultural District where a
contiguous ownership equals at least twice the
minimum lot size (Section 31.5 of the Weld County
Zoning Ordinance) an applicant may use a portion of
his (her) ownership which is equal to the minimum
lot size for the request.
(3) Public road rights-of-way shall be dedicated or reserved
in conformance with the Weld County Thoroughfare Plan or
in conformance with the master plans of affected
municipalities.
(4) No Minor Subdivision shall be considered complete until
the plat, required pursuant to Section 9-4 C (4), has
been submitted to the Weld County Clerk and Recorder in
accordance with Section 9-4 D (6).
C. Submission Requirements
(1) The following information shall be submitted on forms
provided by the Department of Planning Services.
(a) Name, address, and telephone number of the
applicant(s).
(b) Name and address of the fee owner(s) of the property
proposed for the Minor Subdivision, if different
from above.
6
(c) Legal description of the property under
consideration.
(d) Total acreage of the original parcel under
consideration.
(e) Approximate acreage of the proposed parcels.
(f) Signatures of the applicant and fee owner(s) or
their authorized legal agent.
(g) A certificate of all land transfers concerning the
entire tract on the form prescribed and provided by
the Department of Planning Services.
(2) The following written and supporting information shall be
submitted:
(a) A statement which describes the purpose and nature
of the request.
(b) A statement which explains that the proposal is
consistent with the Weld County Comprehensive Plan.
(c) A statement which explains that the proposal is
consistent with the intent of the district in which
the use is located.
(d) A statement which explains that the uses which would
be permitted will be compatible with the existing
surrounding land uses.
(e) A statement which explains that the uses which would
be permitted will be compatible with the future
development of the surrounding area as permitted by
the existing zone and with future development as
projected by the comprehensive plan of the County or
the adopted master plans of affected municipalities.
(f) A statement which explains how the proposal will not
be inconsistent with efficient and orderly
development.
(g) A statement which explains that the application
complies with the Weld County Zoning Ordinance,
Section 50, Overlay District Regulations if the
proposal is located within any Overlay District Area
identified by maps officially adopted by Weld
County.
(h) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has
interest in said property. The deed, purchase
contract, or legal instrument should include a
7
complete and accurate legal description of the
property.
(i) Statements from utility companies regarding
capability to service the proposed lots. A copy of
a utility plan should be prepared to illustrate
proposed easements. Utilities to be included are:
water, sewer, electric, gas, telephone, fire
district (as applicable).
(j) A drainage plan which indicates existing or proposed
water courses and storm water runoff patterns which
will result from the proposed development. If
required by the County Engineer, a detailed
engineering report shall be prepared by a qualified
professional engineer.
(k) A soil and geological investigation report regarding
the suitability of the area for the proposed
development. (Such report shall be prepared by a
professional engineer/geologist.)
(1) A statement which describes the road and access
design for the development. The statement shall
include a description of and impacts on the adjacent
public roads which will be utilized by future
residents of the development.
(m) Where applicable, an Improvements Agreement or
Contract (made in conformance with the Weld County
Policy on Collateral for Agreements) shall be
submitted agreeing to construct required
improvements. Improvements to be included are as
listed in SECTION 10 of these Subdivision
Regulations.
(n) Such additional information as may be required by
the Board of County Commissioners in order to
determine that the application meets the standards
and policies as set forth in this SECTION 9 and the
Weld County Comprehensive Plan.
(3) The following information shall be submitted in map form.
Dimensions of the map to be eight and one-half (80)
inches by eleven (11) inches or eight and one-half (83)
inches by fourteen (14) inches.
A sketch plan of the property at a suitable scale to show
the proposed division of the property; accesses to the
property indicating whether the access is existing or
proposed; location and measurements of any easements or
rights-of-way; amount of road frontages; identification
of any county, state or federal roads or highways;
proposed drainage features; and any existing structures
8
on the property. Please identify the type of structures
(i.e., mobile home, labor house, barn, single family
dwelling, etc.).
(4) If any such Minor Subdivision is approved by the Board, a
plat as described below shall be submitted to the
Department of Planning Services to be recorded in the
Office of the Weld County Clerk and Recorder. The
location and size of the lots shall comply with those
lots described or shown pursuant to 9-4 C et seq. above.
(a) The plat shall be prepared by a registered land
surveyor in the State of Colorado.
(b) The plat shall be prepared on 1 or more
consecutively numbered sheets measuring 8Z" X 14" or
24" X 36". It shall be drawn on waterproof linen or
mylar in ink.
(c) The plat shall be titled, "Minor Subdivision No.
" (the appropriate number to be filled in by
the Planning Department).
(d) The plat and legal description shall include all
contiguous land owned by the applicant (or as
provided under 9-4 B (2) of this Section).
(e) The plat shall include a complete and accurate legal
description of the parcel of land and its acreage.
(f) The plat shall include a vicinity sketch locating
the tract with respect to roads and other major land
features.
(g) The plat shall include an accurate drawing of the
tract and the proposed division of lots. This
drawing shall include bearings, lengths and curve
data of all perimeter and lot lines. The lots shall
be designated and the acreage of each given.
Existing or proposed to be dedicated public
rights-of-way which provide access to the tract
shall be shown. The scale of the drawing shall be
adequate to clearly show the above required items.
A scale and north arrow shall be included.
(h) The plat shall include any utility, ditch, or
drainage easements required.
(i) The plat shall show any areas restricted for
building due to drainage, soil, or geological
limitations.
9
(j) The plat shall bear the following certifications:
(Below the legal description)
I (we) being the sole
owner(s) in fee of the above described
property do hereby divide the same as shown
on the attached map.
(Signature)
or if dedications are involved:
Certificate of Dedication, Ownership and Maintenance:
Know all men by these presents that
being the Owner(s), Mortgagee or Lienholder of
certain lands in Weld County, Colorado, described as
follows: Beginning etc. Containing
acres more or less: have by these presents laid out,
platted and divided the same into lots, as shown on
this plat, under the name and style of
and do hereby dedicate to the public all ways and
other public rights-of-way and easements for purposes
shown hereon. It is understood and agreed to by the
owner that the dedicated roadways shown on this plat
will not be maintained by the County until and unless
the owner or his assigns constructs the streets in
accordance with the subdivision regulations in effect
at the date of the recording of this plat.
Executed this day of , A.D., 19
Mortgagees or Lienholder
10
and the following:
The foregoing certification was acknowledged before
me this day of , A.D., 19
My commission expires: .
Notary Public Witness my Hand & Seal
I hereby certify that this plat was prepared under
my supervision; and that the same is correct to the
best of my knowledge and belief.
Registered Land Surveyor, Colo. Reg. #
The accompanying plat is accepted and approved for
filing.
Chairman of the Board of County Commissioners
Attest: County Clerk and Recorder
By:
Dated:
D. Duties of the Department of Planning Services
(1) The Weld County Department of Planning Services shall be
responsible for processing all applications for Minor
Subdivisions. 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.
(2) Set a Board hearing date not more than thirty (30) days
after the complete application has been submitted.
(3) Refer the application to the following agencies, when
applicable, for their review and comment. The agencies
named shall respond within fourteen (14) days after the
mailing of the application by the Department of Planning
Services. The failure of any agency to respond within
fourteen (14) days may be deemed to be a favorable
response to the Board. The reviews and comments
solicited by Weld County are intended to provide the
County with information about the proposed Recorded
Exemption. The Board may consider all such reviews and
comments and may solicit additional information if such
information is deemed necessary. The reviews and
11
comments submitted by a referral agency are
recommendations to the County. The authority and
responsibility for making the decision to approve or deny
the request for a Recorded Exemption Permit rests with
the Board.
(a) The Planning Commission or Governing Body of any
town and county whose boundaries are within a three
(3) mile radius of the parcel under consideration
for a Recorded Exemption, or that has included the
parcel in its master planning area.
(b) Weld County Department of Health Services.
(c) Weld County Department of Engineering Services.
(d) Colorado State Department of Highways.
(e) Colorado State Engineer, Division of Water
Resources.
(f) Any irrigation ditch company with facilities on or
adjacent to the parcel under consideration.
(g) Colorado Geological Survey.
(h) Any other agencies or individuals whose review the
Department of Planning SErvices, or the Board of
County Commissioners deem necessary.
(4) Prepare staff comments for use by the Board addressing
all aspects of the application, its conformance with the
Weld County Comprehensive Plan, 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
Section 9.
(5) Submit to the Board for review any plat required under
9-4 C (4) of this Section 9 which does not comply with
the approved Recorded Exemption.
(6) Submit to the Weld County Clerk and Recorder, for
recording, plats of approved actions required in 9-4 C
(4) above.
E. Duties of the Board of County Commissioners
(1) The Board of County Commissioners shall hold a public
hearing to consider the application and to take final
action thereon. In making a decision on the proposed
Minor Subdivision, the Board shall consider the
recommendation of the Department of Planning Services,
and from the facts presented at the public hearing and
12
the information contained in the official record, which
includes the Department of Planning Services case file,
the Board of County Commissioners shall approve the
request for the Minor Subdivision unless it finds that
the applicant has not met one or more of the standards of
this Section 9. The applicant has the burden of proof to
show that the standards and conditions of Section 9 are
met. The applicant shall demonstrate:
(a) That the proposal is consistent with the intent of
the district in which the use is located.
(b) That the uses which would be permitted will be
compatible with the existing surrounding land uses.
(c) That the uses which would be permitted will be
compatible with the future development of the
surrounding area as permitted by the existing zone
and with future development as projected by the
comprehensive plan of the County or the adopted
master plans of affected municipalities.
(d) That the application complies or will comply with
the Weld County Zoning Ordinance, Section 50,
Overlay District Regulations if the proposal is
located within any Overlay District Area identified
by maps officially adopted by Weld County.
(e) That the minimum size of any building site, tract or
lot created by such land division shall not be less
than one (1) acre, except where smaller lot sizes
are allowed in a specific zoning district or except
where specifically exempted by the Board.
(f) That the proposed land division is in compliance
with the Weld County Comprehensive Plan.
(g) That the proposed division will not be inconsistent
with efficient and orderly development.
(h) That the lost resulting from the proposed land
division shall be accessible from an existing public
road.
(i) That the proposed lots will have access to an
adequate water supply.
(j) That the proposed lots will have access to a means
for the disposal of sewage in compliance with
requirements of the Weld County Health Department.
(k) That the proposal will not cause an unreasonable
burden on the ability of local governments or
13
special districts to provide water, sewage, streets,
fire, police, education, and similar services.
(1) That the proposed lots are not part of a previously
approved Minor Subdivision.
(m) That the use of the Minor Subdivision (described in
this Section 9) does not evade the requirements and
Statement of Purposes (Section 1-3) of the Weld
County Subdivision Regulations.
(n) That there is adequate provision for the protection
of the health, safety and welfare of the inhabitants
of the neighborhood and the County.
(2) When applicable, no Minor Subdivision shall be approved
by the Board until the applicant has submitted and the
Board approves an Improvements Agreement or a contract
agreeing to construct the required improvements. Any
such Agreement or contract shall be made in conformance
with the Weld County Policy on Collateral for Agreements.
(3) Upon the Board making its final decision, a resolution
setting forth that decision will be drafted and signed.
A record of such action and a copy of the resolution will
be kept in the files of the Clerk to the Board. The
Board shall also authorize the Chairman to sign the plat
required by Section 9-4 C (4) et. seq. in Section 9 when
it finds the plat in conformance with an approved Minor
Subdivision.
(4) Correction to a Minor Subdivision. The Board of County
Commissioners may, without a hearing or compliance with
any of the submission, referral, or review requirements
of these regulations, approve a correction to a Minor
Subdivision if the sole purpose of such correction is to
correct one or more technical errors in the legal
description and where such correction is consistent with
the approved plat.
F. Amendments
Any change to a previously approved Minor Subdivision which is
not a "Correction" as defined in 9-4 E (4) above shall follow
the procedures of this Section 9-4.
14
Listed below in chronological order by Sections is a brief
description of the proposed changes to the Subdivision Regulations.
Section 2-1
Updates material to be in conformance with changes made in the State
Statutes concerning the definition of Subdivision or Subdivided
land.
Section 2-2
Clarifies definition of resubdivision. Expands on the definition in
the existing regulations to be consistent with current
interpretation.
Section 2-31
Defines registered mail indicating that it includes certified mail.
Purpose is to allow certified mail to be sent for notices instead of
by registered mail resulting in postage savings to the County and/or
applicant.
Section 5-2 D.
Clarifies submission requirements for applicants regarding evidence
to utility service for the subdivision on a preliminary plan
application.
Sections 5-2 G. and H.
Places responsibility on applicant for providing the property
owners' (surface and subsurface) names and addresses when a
preliminary plan application is submitted. An identical requirement
is currently being used on land use applications which come under
the Zoning Regulations.
Section 5-3 C.
Increases review time for referral agencies from 24 days to 35 days.
This is necessary to be in conformance with changes made in the
State Statutes.
Sections 5-3 D,E,F, and G.
Establishes and clarifies procedures for publication of legal
notice, notification of property owners (surface and subsurface),
and submittal of comments from affected persons regarding the
preliminary plan.
Section 5-3 H.
Changes membership structure of the Utilities Review Advisory
Committee. Eliminates Colorado Highway Department Engineer from the
committee.
1
Section 5-3I.
No change in the text. Merely renumbers subsection.
Section 5-4 A.(1)(c)
Adds phrases regarding soil instability and human life or
structures.
Section 5-4 C.
Establishes written procedures for forwarding preliminary plan to
Board of County Commissioners.
Section 5-4 E.
Establishes written procedures for consideration of the preliminary
plan by the Board of County Commissioners.
Section 5-4F.
Clarifies procedures for disapproval of a preliminary plan and time
requirements for reapplication.
Section 6-2 H.
Clarifies submission requirements for applicants regarding evidence
of utility service for the subdivision on a final plat application.
Sections 6-2 P. and Q.
Places responsibility on applicant for providing the property
owners' (surface and subsurface) names and addresses when a final
plat application is submitted. An identical requirement is
currently being used on Land Use Applications which come under the
Zoning Regulations.
Sections 6-3 B.(4)(5) and (6)
Establishes written procedures for publication of legal notice,
notification of property owners' (surface and subsurface), and
submittal of comments from affected persons regarding the final
plat.
Section 6-3 C.
Establishes written procedure for consideration of the Final Plat by
the Board of County Commissioners.
2
Section 6-4 A,B,C.
This section on Resubdivision has been rewritten to clarify the
procedure and establish written procedure used during the
resubdivision process.
Section 6-5
Establishes new procedure provided for in the State Statutes.
Section 6-6
Minor changes in the wording of the text has been made. The basic
content remains the same.
Sections 9-2 B.(5) and 9-3 B.(3)
Clarifies that the exemption procedures are not effective in
previously platted areas. Replats are provided for in Section 6-4
Resubdivision Procedure.
Section 13
Establishes new procedure to review requests for Building Permits on
land divided in an illegal manner. Removes Planning Commission from
decision making process. Establishes minimum standards to be
complied with before approval of the request by the Board.
3
DATE April 6. 1982
Weld County Planning Commission
ADDRESS .915 10th Street, Centennial Building, Greeley, Colorado 80631
Moved by Bob Ehrlich that the following resolution be introduced
for r.anSaev by the Weld County lannisg C✓ insion:
Bo it Fesol ved by the ►:e i d County Planning Commission that the
proposed amendments to the Weld County Subdivision Regulations as follows:
Section 2 regarding change in the definitions for subdivision, resubdivision and
registered mail.
Section 5 regarding approvals or disapprovals of Preliminary Plans.
Section 6 regarding final plats, resubdivision, correction plats, and numbering •
systems.
Section 9 regarding rules and regulations for exemptions.
Section 13 regarding violations and penalties, more specifically, the issuance
of building permits on parcels created in an illegal manner.
be recommended (favorably) 600damitkilli to the Board of County
Commissioners for the following reasons:
1. The existing Subdivision Regulations will be brought into conformance with changes
made in the State Statutes during the past three (3) years.
2. The proposed changes define written procedures which will coincide with administrative
procedures currently being utilized by the County.
3. The proposed changes clarify sections of the regulations so that they will be
consistent with current interpretations of the County.
4. The proposed changes do not conflict with the Weld County Comprehensive Plan or
Zoning Ordinance.
Motion seconded by Bob Halleran
Vote: For Passage Wilbur Wafel Against Passage
Bob Halleran
Bob Ehrlich
Bill Diehl
Jack Holman
Fred Otis
The Chairman declared the Resolution passed and ordered that a certified copy
be forwarded with the file-,of this case to the Board of County Commissioners
for further proceedings.
CERTIFICATION OF COPY
1, Bobbie Good , Recording Secretary of the Weld County
;Tanning Commission, do hereby certify that the above and foregoing
"esolution is a true copy of the Resolution of the Planning Commission
,f Weld County, Colorado. ecopted on April 6, 1982, and re-
Jrded in Book No. viii of the proceedings of the said Planning
"3mmission.
Dated the 8th day of April 1982
Secretary \
0
NOTICE
DOCKET NO. 82-17
NOTICE IS HEREBY GIVEN, that the Board of County
Commissioners of Weld County, Colorado, will conduct a public
hearing in its chambers on the First Floor of the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado at the
date and time specified:
DATE: May 19, 1982
TIME: 2:00 P.M.
Said hearing will be for the purpose of considering proposed
amendments to the Weld County Subdivision Regulations as follows:
Section 2 - regarding change in the definitions for
subdivision, resubdivision and registered mail.
Section 5 - regarding approvals or disapprovals of
Preliminary Plans.
Section .6 - regarding final plats, resubdivision, correction
plats, and numbering systems.
Section 9 - regarding rules and regulations for exemptions.
Section 13- regarding violations and penalties, more
specifically, the issuance of building permits
on parcels created in an illegal manner.
All persons in any manner interested are requested to attend the
hearing and may be heard.
The text of the proposed amendments are available for public
inspection in the Office of the Clerk to the Board of County
Commissioners, Third Floor, Weld County Centennial Center,
915 10th Street, Greeley, Colorado, and may be viewed Monday
through Friday, from 8:00 A.M. to 5:00 P.M.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Bette M. Foose, Deputy
oATED: April 12, 1982
PUBLISHED: April 15, 1982 and May 6, 1982 in the Johnstown
Breeze
4 G_ e
Delete Sections 6-4 A., B., and C.
q\V Replace with new Sections A., B., C., D., and E. to read:
A. For any change in a map of an approved or recorded subdivision
plat or for any change in a map or plan legally filed prior to
adoption of any regulations controlling subdivisions, if such
change affects any lot line, any street layout shown on such
map, or any area reserved for public use such as utility or
drainage easements, such change or parcel shall be approved by
the procedures delineated below in this Section 6-4 except
that changes only affecting lot lines and which do not create
additional parcels or affect public rights-of-way for street
or drainage purposes shall utilize Section 6-4 B below.
B. Requests for changes to lot lines which do not create
additional lots or affect public rights-of-way for street or
drainage purposes require the following procedure:
(1) Submittal requirements:
(a) An application for as prescribed and furnished by
the Department of Planning Services.
(b) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has
interest in said property. The deed, purchase
contract, or legal instrument should include a
complete and accurate legal description of the
property.
(c) A Utility Service Statement with signatures of
representatives of each municipality or utility
company involved to verify that existing and
proposed easement designs are adequate for the
respective utilities if the lot line(s) being
relocated affect an easement for utilities.
(d) A letter of explanation detailing the situation
indicating the reason(s) why the request for the
resubdivision or vacation has been made. The letter
should address the revisions or vacation being
requested as compared to the previously recorded
plat.
(e) A copy of the existing recorded plat.
(f) A map of either 83" X 14" or 24" X 36" in size (a
map prepared on the 24" X 36" size must be
accompanied by 6 copies) prepared in accordance with
the applicable requirements of Sections 6-1 and 6-2
of these Subdivision Regulations. The Director of
the Department of Planning Services may waive any
non-applicable requirements. •
15
(2) Review Procedure.
(a) Upon determination that an application is complete,
the Department of Planning Services shall place the
request on the first available scheduled Planning
Commission meeting.
(b) In the event that a utility easement is affected,
the Department of Planning Services shall first
place the matter for review on the first available
Utilities Review Advisory Committee meeting before
presenting the request to the Planning Commission.
(c) The Board shall review the request within ten (10)
days of the Planning Commission action. If the
Board determines the request complies with the
applicable requirements of those regulations, they
shall endorse on the plat in the space provided.
(d) The map shall be recorded as provided in Section 6-3
E of these Subdivision Regulations.
C. Requests for resubdivision for the purpose of redesign,
addition of new lots, or vacation of all or portions of a
subdivision shall be subject to the resubdivision submittal
requirements of the 6-4 D below. These revisions shall be
submitted to the Planning Commission and Board of County
Commissioners for their review. The request shall be reviewed
in accordance with Section 6-3 of these regulations.
fn per t foil n; - •
6-4i a d 6f '
., f9 C
c'c'P fi /3
•
16
Listed below in chronological order by Sections is a brief
description of the proposed changes to the Subdivision Regulations.
Section 2-1
Updates material to be in conformance with changes made in the State
Statutes concerning the definition of Subdivision or Subdivided
land.
Section 2-2
Clarifies definition of resubdivision. Expands on the definition in
the existing regulations to be consistent with current
interpretation.
Section 2-31
Defines registered mail indicating that it includes certified mail.
Purpose is to allow certified mail to be sent for notices instead of
by registered mail resulting in postage savings to the County and/or
applicant.
Section 5-2 D.
Clarifies submission requirements for applicants regarding evidence
to utility service for the subdivision on a preliminary plan
application.
Sections 5-2 G. and H.
Places responsibility on applicant for providing the property
owners' (surface and subsurface) names and addresses when a
preliminary plan application is submitted. An identical requirement
is currently being used on land use applications which come under
the Zoning Regulations.
Section 5-3 C.
Increases review time for referral agencies from 24 days to 35 days.
This is necessary to be in conformance with changes made in the
State Statutes.
Sections 5-3 D,E,F, and G.
Establishes and clarifies procedures for publication of legal
notice, notification of property owners (surface and subsurface),
and submittal of comments from affected persons regarding the
preliminary plan.
Section 5-3 H.
Changes membership structure of the Utilities Review Advisory
Committee. Eliminates Colorado Highway Department Engineer from the
committee.
1
f �
Section 5-3I.
No change in the text. Merely renumbers subsection.
Section 5-4 A.(1)(c)
Adds phrases regarding soil instability and human life or
structures.
Section 5-4 C.
Establishes written procedures for forwarding preliminary plan to
Board of County Commissioners.
Section 5-4 E.
Establishes written procedures for consideration of the preliminary
plan by the Board of County Commissioners.
Section 5-4F.
Clarifies procedures for disapproval of a preliminary plan and time
requirements for reapplication.
Section 6-2 H.
Clarifies submission requirements for applicants regarding evidence
of utility service for the subdivision on a final plat application.
Sections 6-2 P. and Q.
Places responsibility on applicant for providing the property
owners' (surface and subsurface) names and addresses when a final
plat application is submitted. An identical requirement is
currently being used on Land Use Applications which come under the
Zoning Regulations.
Sections 6-3 B.(4)(5) and (6)
Establishes written procedures for publication of legal notice,
notification of property owners' (surface and subsurface), and
submittal of comments from affected persons regarding the final
plat.
Section 6-3 C.
Establishes written procedure for consideration of the Final Plat by
the Board of County Commissioners.
Section 6-4 A,B,C.
This section on Resubdivision has been rewritten to clarify the
procedure and establish written procedute used during the
resubdivision process.
2
t y
Section 6-5
Establishes new procedure provided for in the State Statutes.
Section 6-6
Minor changes in the wording of the text has been made. The basic
content remains the same.
Sections 9-2 B.(5) and 9-3 B.(3)
Clarifies that the exemption procedures are not effective in
previously platted areas. Replats are provided for in Section 6-4
Resubdivision Procedure.
Section 13
Establishes new procedure to review requests for Building Permits on
land divided in an illegal manner. Removes Planning Commission from
decision making process. Establishes minimum standards to be
complied with before approval of the request by the Board.
3
3/3/82 DRAFT
SECTION 2 DEFINITIONS
Delete Section 2-1 Subdivision or Subdivided Land and replace
with a new Section 2-1:
2-1 Subdivision or Subdivided Land
A. Any parcel of land which is to be used for condominiums,
apartments, or any other multiple-dwelling units, unless
such land when previously subdivided was accompanied by a
filing which complied with the provisions of these
regulations with substantially the same density, or which
is divided into two or more parcels, separate interests,
or interests in common, unless exempted under paragraph
(1), (2), or (3) of this subsection 2-1. As used in these
regulations, "interests" includes any and all interests in
the surface of land but excludes any and all subsurface
interests.
(1) The terms "subdivision" and "subdivided land", as
defined in paragraph (A) of this subsection 2-1,
shall not apply to any division of land which creates
parcels of land each of which comprises thirty-five
or more acres of land and none of which is intended
for use by multiple owners.
(2) Unless the method of disposition is adopted for the
purpose of evading these regulations, the terms
"subdivision" and "subdivided land", as defined in
paragraph (A) of this subsection 2-1 shall not apply
to any division of land:
(a) Which creates parcels of land, such that the
land area of each of the parcels, when divided
by number of interest in any such parcel,
results in thirty-five or more acres per
interest;
(b) Which could be created by any court in this
state pursuant to the law of eminent domain, or
by operation of law, or by order of any court in
this state if the Board of County Commissioners
is given timely notice of any such pending
action by the court and given opportunity to
join as a party in interest;
(c) Which is created by a lien, mortgage, deed of
trust, or any other security instrument;
(d) Which is created by a security or unit of
interest in any investment trust regulated under
the laws of this state or any other interest in
an investment entity;
1
(e) Which creates cemetery lots;
(f) Which creates an interest in oil, gas, minerals,
or water which is severed from the surface
ownership of real property;
(g) Which is created by the acquisition of an
interest in land in the name of a husband and
wife or other persons in joint tenancy or as
tenants in common, and any such interest shall
be deemed for purposes of this subsection 2-1 as
only one interest; or
(h) Which is created by the combination of
contiguous parcels of land into one larger
parcel. If the resulting parcel is less than
thirty-five acres in land area, only one
interest in said land shall be allowed. If the
resulting parcel is greater than thirty-five
acres in land area, such land area, divided by
the number of interests in the resulting parcel,
must result in thirty-five or more acres per
interest. Easements and rights-of-ways shall
not be considered interests for purposes of this
subparagraph (h).
(3) The Board of County Commissioners may, exempt from
this definition of the terms "subdivision" and
"subdivided land" any division of land if the Board
of County Commissioners determines that such division
is not within the purposes of these regulations.
Section 2-2 shall be amended as follows:
2-2 Resubdivision
Any change in a map of an approved or recorded subdivision
plat or any change in a map or plan filed prior to
adoption of any regulations controlling subdivisions, if
such change affects any lot line, any street layout on
such map, or any area reserved for public use such as
utility or drainage easements.
Add new Section 2-31 Registered Mail to read:
Section 2-31 Registered Mail. Mail recorded in the post office
of mailing and guaranteed special care in delivery. Registered
mail includes certified mail and registered mail as defined by
the U.S. Postal Service.
2
SECTION 5 PRELIMINARY PLAN
5-2 Supporting Documents Required
Section 5-2 D. shall be amended as follows:
A letter from each special district, municipality or utility
company involved addressed to the Planning Commission and a
utility service statement accompanied by a plat signed by the
appropriate representative stating that specific services
and/or utilities are available and they have reviewed the plan
and are setting forth their comments concerning the extent of
services and the design of utility easements.
Add new subsection G. to read:
G. A certified list of the names, addresses and the
corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property of the
surface estate within five hundred (500) feet of the
property subject to the application. The source of such
list shall be the records of the Weld County Assessor, or
an ownership update from a title or abstract company or
attorney, derived from such records, or from the records
of the Weld County Clerk and Recorder. If the list was
assembled from the records of the Weld County Assessor,
the applicant shall certify that such list was assembled
within thirty (30) days of the application submission
date. Such notice is not required by Colorado State
Statute and is provided as a courtesy to surrounding
property owners. Inadvertent errors by the applicant in
supplying such list or in sending such notice shall not
create a jurisdictional defect in the hearing process even
if such error results in the failure of a surrounding
property owner to receive such notification.
Add new subsection H to read:
H. A certified list of the names and addresses of mineral
owners and lesses of mineral owners having an interest in
the property which is the subject of the application. The
list shall reflect the names of these owners and lesses as
they appear on the plats or records in the County Clerk
and Recorder's Office and as their most recent addresses
may appear in the telephone directory or other directory
of general use in the area of the property or on the tax
records of the County.
•
5-3 Review Procedures - Preliminary Plan
Delete Subsection C and replace with new subsection C:
C. The agencies named in this section shall make
recommendations within thirty-five days after the mailing
by the county or its authorized representatives of such
plans unless a necessary extension of not more than thirty
days has been consented to by the subdivider and the
Board. The failure of any agency to respond within
thirty-five days or within the period of an extension may,
for the purpose of the hearing on the plan, be deemed an
approval of such plan; except that, where such plan
involves twenty or more dwelling units, a school district
may be required to submit within said time limit specific
recommendations with respect to the adequacy of school
sites and the adequacy of school structures.
Delete Subsection D. and replace with a new Subsections D., E.,
F., and G.
D. Notice shall be published once in a local newspaper of
general circulation in the area where the land is located
at least ten (10) days prior to the Planning Commission
Hearing.
E. Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owner(s) of property
the surface estate within five hundred (500) feet of the
property under consideration. The source of the ownership
information will be from the submitted list required in
Section 5-2 G. Such notification shall be mailed, first
class, not less than ten (10) days before the scheduled
hearing. Such notice is not required by Colorado State
Statute and is provided as a courtesy to surrounding
property owners. Inadvertent errors by the applicant in
supplying such list or in sending such notice shall not
create a jurisdictional defect in the hearing process even
if such error results in the failure of a surrounding
property owner to receive such notification.
F. Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owners and lessees of
the mineral estate on or under the subject property. The
source of the ownership information will be from the
submitted list required in Section 5-2 H. Such
notification shall be mailed, registered mail, not less
than ten (10) days before the scheduled hearing.
4
G. The copy of the Preliminary Plan filed with the Planning
Department shall be available for public viewing. Any
affected person may submit verbal or written comments to
the Planning Commission regarding the Preliminary Plan,
stating their reasons for supporting or objecting to the
Preliminary Plan pursuant to these regulations, on or
before the date of the Planning Commission Hearing.
Delete Section 5-3 E and replace with new Subsection H.
A Utilities Review Advisory Committee shall consist of the
Weld County Engineer or a representative of the Weld
County Department of Engineering and such other
representatives of utility agencies as appointed by the
Board. The Utilities Review Advisory Committee shall meet
as often as required to review and make recommendations
concerning any preliminary plans and final plats pending
before the Planning Commission.
Change Subsection 5-3 F to I. (No change in text.)
5-4 Approval or Disapproval - Preliminary Plan
Delete Section 5-4 A.(1)(c(
Replace with:
(c) will not cause soil erosion, soil instability or reduction
in the capacity of the land to hold water so that it
results in an unstable, unhealthy or dangerous condition
affecting human life or structures.
Delete Subsection C. Recommendation and replace with a new
subsection C.:
C. Recommendation
The Planning Commission shall review the Preliminary Plan
at a regularly scheduled public meeting. Within ten (10)
days after the Planning Commission has made a final
recommendation as to the Preliminary Plan approval or
disapproval, the Planning Commission shall send written
notification of its review and its recommendations
concerning the Preliminary Plan to the Board.
Delete Subsection E. Plan Disapproval and Reapplication and F.
Appeal and replace with new subsections E. and F.
E. Board Hearing
The Board shall hold a hearing on the'Preliminary Plan at
a regularly scheduled Board meeting within ten (10) days
of receipt of transmittal of the Planning Commission
recommendation. If the Board determines that the
5
Preliminary Plan submission complies with the applicable
requirements of these regulations, it shall authorize the
subdivider to proceed with the Final Plat, subject to such
terms, conditions or modifications as the Board determines
to be appropriate.
F. Plan Disapproval and Reapplication
Disapproval of a Preliminary Plan shall contain in writing
the specific reasons for disapproval. A subdivider may,
within six (6) months, resubmit his plan application which
shall include an affidavit to the Planning Commission and
Board that the deficiencies in the previous application
have been corrected without paying additional fees. A
review of the reapplication shall follow the same review
as outline in these regulations for a new application.
Any reapplication after six (6) months will require a new
fee.
SECTION 6 FINAL PLAT
6-2 Supporting Documents
Amend Section 6-2 H as follows:
A Utility Service Statement with signatures of representatives
of each municipality or utility company involved to verify that
service will be provided to the subdivision and that the
proposed easement designs are adequate for the respective
utilities.
Add new Subsection P. to read:
P. A certified list of the names, addresses and the
corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property of the
surface estate within five hundred (500) feet of the
property subject to the application. The source of such
list shall be the records of the Weld County Assessor, or
an ownership update from a title or abstract company or
attorney, derived from such records, or from the records
of the Weld County Clerk and Recorder. If the list was
assembled from the records of the Weld County Assessor,
the applicant shall certify that such list was assembled
within thirty (30) days of the application submission
date. Such notice is not required by Colorado State
Statute and is provided as a courtesy to surrounding
property owners. Inadvertent errors by the applicant in
supplying such list or in sending such notice shall not
create a jurisdictional defect in the hearing process even
if such error results in the failure of a surrounding
property owner to receive such notification.
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Add new Subsection Q. to read:
Q. A certified list of the names and addresses of mineral
owners and lessees of mineral owners having an interest in
the property which is the subject of the application. The
list shall reflect the names of these owners and lessees
as they may appear on the plats or records in the County
Clerk and Recorder's Office and as their most recent
addresses may appear in the telephone directory or other
directory of general use in the area of the property or on
the tax records of the County.
6-3 Review Procedures - Final Plat
Add new Subsections B. (4), (5), and (6) to read:
B. (4) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owner(s) of
property of the surface estate within five hundred
(500) feet of the property under consideration. The
source of the ownership information will be from the
submitted list required in Section 6-2 P. Such
notification shall be mailed, first class, not less
than ten (10) days before the scheduled hearing.
Such notice is not required by Colorado State Statute
and is provided as a courtesy to surrounding property
owners. Inadvertent errors by the applicant in
supplying such list or in sending such notice shall
not create a jurisdictional defect in the hearing
process even if such error results in the failure of
a surrounding property owner to receive such
notification.
(5) Notice of the time, date and place of the Planning
Commission Hearing shall be sent to owners and
lessees of the mineral estate on or under the subject
property. The source of the ownership information
will be from the submitted list required in Section
6-2 Q. Such notification shall be mailed, registered
mail, not less than ten (10) days before the
scheduled hearing.
(6) A copy of the Final Plat filed with the Planning
Department shall be available for public viewing.
Any affected person may submit verbal or written
comments to the Planning Commission regarding the
Final Plat, stating the reasons for their support or
objections to the Final Plat pursuant to these
regulations, on or before the date of the Planning
Commission Hearing.
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Subsection 6-3 C. shall be amended as follows:
C. Board Hearing
The Board shall hold a hearing on the Final Plat within
ten (10) days of receipt of transmittal from the Planning
Commission at a regularly scheduled public board meeting.
The Board shall also consider the modifications
recommended by the Planning Commission. If the Board
determines that the Final Plat submission and the
recommended modifications complies with the applicable
requirements of these regulations, they shall endorse on
the Plat in the space provided.
6-4 Resubdivision Procedure
Delete Sections 6-4 A., B., and C.
Replace with new Sections A., B., C., and D. to read:
A. For any change in a map of an approved or recorded
subdivision plat or for any change in a map or plan
legally filed prior to adoption of any regulations
controlling subdivisions, if such change affects any lot
line, any street layout shown on such map, or any area
reserved for public use such as utility or drainage
easements, such change or parcel shall be approved by the
procedures delineated below in this Section 6-4.
B. Requests for resubdivision for the purpose of redesign or
vacation of all or portions of a subdivision shall be
subject to these resubdivision submittal requirements.
These revisions shall be submitted to the Planning
Commission and Board of County Commissioners for their
review. The request shall be reviewed in accordance with
Section 6-3 of these regulations.
C. The applicant shall submit to the Office of the Department
of Planning Services the following items with the
appropriate fee for a request for a resubdivision or
vacation in the unincorporated area of Weld County,
Colorado:
(1) An application form as prescribed and furnished by
the Department of Planning Services.
(2) A copy of a deed, purchase contract, or other legal
instrument indicating that the applicant has interest
in said property. The deed, purchase contract, or
legal instrument should include a complete and
accurate legal description of the property.
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(3) 12 copies of a plat showing the existing lot
divisions and the proposed lot changes in accordance
with the Final Plat drawing requirements of Section
6-l.B. of the Subdivision Regulations.
(4) A Utility Service Statement with signatures of
representatives of each municipality or utility
company involved to verify that existing and proposed
easement designs are adequate for the respective
utilities.
(5) A letter of explanation detailing the situation
indicating the reason(s) why the request for the
resubdivision or vacation has been made. The letter
should address the revisions or vacation being
requested as compared to the previously recorded
plat.
(6) One copy of the existing recorded plat of the
subdivision shall be provided for comparison
purposes.
(7) A certified list of the names, addresses and the
corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of property
(the surface estate) within five hundred (500) feet
of the property subject to the application. The
source of such list shall be the records of the Weld
County Assessor, or an ownership update from a title
or abstract company or attorney, derived from such
records, or from the records of the Weld County Clerk
and Recorder. If the list was assembled from the
records of the Weld County Assessor, the applicant
shall certify that such list was assembled within
thirty (30) days of the application submission date.
Such notice is not required by Colorado State Statute
and is provided as a courtesy to surrounding property
owners. Inadvertent errors by the applicant in
supplying such list in sending such notice shall not
create a jurisdictional defect in the hearing process
even if such error results in the failure of a
surrounding property owner to receive such
notification.
(8) A certified list of the names and addresses of
mineral owners and lessees of mineral owners having
an interest in the property which is the subject of
the application. The list shall reflect the names of
these owners and lessees as they appear on the plats
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or records in the County Clerk and Recorder's Office
and as their most recent addresses may appear in the
telephone directory or other directory of general use
in the area of the property or on the tax records of
the County.
(9) Any other information determined to be necessary by
the Department of Planning Services that will aid in
helping the Planning Commission and the Board of
County Commissioners make a decision.
D. Any such resubdivision shall be approved if it complies
with the requirements of this Section 6-4 and other
adopted rules, regulations and ordinances currently in
force and affecting the land and its development in the
County except that:
(1) No lot or parcel of land shall be created that is
less than the minimum requirements for area or
dimension as established by these regulations or
other applicable ordinances;
(2) Drainage easements or rights-of-way reserved for
drainage shall not be changed unless supported by
complete engineering data; and
(3) The plat shall not be altered in any way which will
adversely affect the character of the plat filed.
Delete Section 6-5 Numbering System and replace with a new
Section 6-5:
6-5 Correction Plat
The Board of County Commissioners may, without a hearing
or compliance with any of the submission, referral, or
review requirements of these regulations, approve a
correction plat if the sole purpose of such correction
plat is to correct one or more technical errors in an
approved plat and where such correction plat is consistent
with an approved preliminary plan and and/or final plat.
Add new Section 6-6 Numbering System:
6-6 Numbering System
A. The Planning Department shall maintain an adequate
numbered filing system for all subdivisions, including
copies of all maps, data, and actions. A master location
map (or maps) referenced to the filing system shall be
made available for public use and examination.
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SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS
Add a new Section 9-2 B. (5) to read:
9-2B.(5) No lot which is part of an approved subdivision or
any map or plan filed in the records of the Weld
County Clerk and Recorder prior to adoption of any
regulations controlling subdivisions shall be
redivided or changes in any manner by the Recorded
Exemption procedure. Such platted lots may only be
resubdivided or changed by utilizing Section 6-4 of
these Regulations.
Add a new Section 9-3 B. (3) to read:
9-3B.(3) No lot which is part of an approved or recorded
subdivision plat or any map or plan filed in the
records of the Weld County Clerk and Recorder prior
to adoption of any regulations controlling
subdivisions, shall be redivided or changed in any
manner by the Subdivision Exemption procedure. Such
platted lots may only be resubdivided or changed by
utilizing Section 6-4 of these Regulations.
SECTION 13 VIOLATIONS AND PENALTIES
Delete Subsection C. Building Permits and replace with
Subsection C.:
C. Building Permits
(1) Building permits, for construction on land divided in
an illegal manner subsequent to the adoption of these
Regulations, shall not be issued unless reviewed and
approved by the Board of County Commissioners. No
building permit shall be approved by the Board of
County Commissioners unless all of the following can
be shown:
(a) The parcel shall be accessible from an existing
public road.
(b) The parcel will have access to an adequate water
supply;
(c) The parcel will have access to an adequate means
for the disposal of sewage;
(d) The issuance of the building permit will not
change the essential character of the
neighborhood;
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(e) The procedure defined in this Section is not
being utilized for the purpose of evading the
requirements and intent of the Weld County
Subdivision Regulations; and
(f) The owner does not own a parcel of land adjacent
to the subject parcel.
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NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing at 1:30 p.m.
on Tuesday, July 6, 1982, in the County Commissioners' Hearing Room, first
floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for
the purpose of considering the following proposals as amendments to the Weld
County Subdivision Regulations:
Section 2-31 - defines the minor subdivision procedure;
Section 3-5 - revises a section number;
Section 3-6 - establishes general procedure for minor
subdivisions;
Section 6-4 Resubdivision
- revises existing procedures for resubdivision
including a reduced process for lot line changes;
Sections 9-2E(1)(k), 9-26(5), 9-38(3)
- references minor subdivision relationship with
recorded exemptions;
Sections 11-1, 11-2, 11-3
- incorporate County Collateral Policy and eliminates
unnecessary sections; and
Section 12 Variances
-renumbers existing sections and establishes
procedures
for a minor subdivision which is usable
for developments with six (6) or fewer lots.
All persons in any manner interested in the proposed amendments to the Weld
County Subdivision Regulations are requested to attend and may be heard.
Materials pertaining to the proposed amendments are available for public
inspection in the office of the Department of Planning Services, Room 342,
Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Phone:
356-4000 Extension 400.
Fred Otis, Chairman
Weld County Planning Commission
To be published in the LaSalle Leader
To be published one (1) time by June 24, 1982 (publication date)
Received by:
Date:
Listed below in chronological order by Sections is a brief
description of the proposed changes to the Subdivision Regulations.
Section 2-1
Updates material to be in conformance with changes made in the State
Statutes concerning the definition of Subdivision or Subdivided
land.
Section 2-2
Clarifies definition of resubdivision. Expands on the definition in
the existing regulations to be consistent with current
interpretation.
Section 2-31
Defines registered mail indicating that it includes certified mail.
Purpose is to allow certified mail to be sent for notices instead of
by registered mail resulting in postage savings to the County and/or
applicant.
Section 5-2 D.
Clarifies submission requirements for applicants regarding evidence
to utility service for the subdivision on a preliminary plan
application.
Sections 5-2 G. and H.
Places responsibility on applicant for providing the property
owners' (surface and subsurface) names and addresses when a
preliminary plan application is submitted. An identical requirement
is currently being used on land use applications which come under
the Zoning Regulations.
Section 5-3 C.
Increases review time for referral agencies from 24 days to 35 days.
This is necessary to be in conformance with changes made in the
State Statutes.
Sections 5-3 D,E,F, and G.
Establishes and clarifies procedures for publication of legal
notice, notification of property owners (surface and subsurface),
and submittal of comments from affected persons regarding the
preliminary plan.
Section 5-3 H.
Changes membership structure of the Utilities Review Advisory
Committee. Eliminates Colorado Highway Department Engineer from the
committee.
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Section 5-3I.
No change in the text. Merely renumbers subsection.
Section 5-4 A.(1)(c)
Adds phrases regarding soil instability and human life or
structures.
Section 5-4 C.
Establishes written procedures for forwarding preliminary plan to
Board of County Commissioners.
Section 5-4 E.
Establishes written procedures for consideration of the preliminary
plan by the Board of County Commissioners.
Section 5-4F.
Clarifies procedures for disapproval of a preliminary plan and time
requirements for reapplication.
Section 6-2 H.
Clarifies submission requirements for applicants regarding evidence
of utility service for the subdivision on a final plat application.
Sections 6-2 P. and Q.
Places responsibility on applicant for providing the property
owners' (surface and subsurface) names and addresses when a final
plat application is submitted. An identical requirement is
currently being used on Land Use Applications which come under the
Zoning Regulations.
Sections 6-3 B.(4)(5) and (6)
Establishes written procedures for publication of legal notice,
notification of property owners' (surface and subsurface), and
submittal of comments from affected persons regarding the final
plat.
Section 6-3 C.
Establishes written procedure for consideration of the Final Plat by
the Board of County Commissioners.
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Section 6-4 A,B,C.
This section on Resubdivision has been rewritten to clarify the
procedure and establish written procedure used during the
resubdivision process.
Section 6-5
Establishes new procedure provided for in the State Statutes.
Section 6-6
Minor changes in the wording of the text has been made. The basic
content remains the same.
Sections 9-2 B.(5) and 9-3 B.(3)
Clarifies that the exemption procedures are not effective in
previously platted areas. Replats are provided for in Section 6-4
Resubdivision Procedure.
Section 13
Establishes new procedure to review requests for Building Permits on
land divided in an illegal manner. Removes Planning Commission from
decision making process. Establishes minimum standards to be
complied with before approval of the request by the Board.
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