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SUBDIVISION
REGULATIONS
NOVEMBER 28 , 1990
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OFFICIAL
SUBDIVISION R E G U L A T I O N S
WELD COUNTY, COLORADO
ADOPTED
AUGUST 30, 1972
THIS PRINTING INCLUDES ALL AMENDMENTS AS OF NOVEMBER 28, 1990
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SUBDIVISION REGULATIONS
Weld County, Colorado
SECTION 1: TITLE, AUTHORITY, JURISDICTION, AND PURPOSES
1-1 Title and Short Title
A. Title -A resolution establishing rules, regulations and standards
governing the subdivision of land within Weld County, setting forth
the procedure to be followed by the Weld County Planning Commission
and County Planner in applying and administering these rules,
regulations and standards, and setting forth the penalties for the
violation thereof as established by the State of Colorado.
B. Short Title -These Regulations shall be known and may be cited as
"The Weld County Subdivision Regulations of Wednesday. August 30
1972.
1-2 Authority. Jurisdiction and Enforcement
A. ',Weld County is enabled by law to control the subdivision of all of
the unincorporated land within the county limits by virtue of
Section 106 of the Colorado Revised Statutes of 1963, as amended.
B. Colorado Revised Statutes 106-2-34 (as amended 1972)
,subdivision Regulations. (1) Every county in the state which does
not have a county planning commission of July 1, 1971, shall create
a county planning commission in accordance with the provisions of
Section 106-2-2. Every county planning commission in the state
shall develop, propose and recommend subdivision regulations, and
the board of county commissioners shall adopt and enforce
subdivision regulations for all land within the unincorporated
areas of the county in accordance with this section not later than
September 1, 1972. Before finally adopting any subdivision
regulations, the board of county commissioners shall hold a public
hearing thereon, and at least thirty days' notice of the time and
place of such hearing shall be given by at least one publication in
a newspaper of general circulation in the county. Before adopting
any such subdivision regulations, the board of county commissioners
may revise, alter, or amend any such subdivision regulations
developed, proposed, or recommended by the county planning
commission. In the event the board of county commissioners of any
county in the state has not adopted subdivision regulations by
September 2, 1972, then and in such event, the land use commission
may promulgate such subdivision regulations for such areas of the
county for which no subdivision regulations exist. Such
subdivision regulations shall be in full force and effect, and
enforced by the board of county commissioners. If at any time
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thereafter the board of county commissioners adopts its own
subdivision regulations for land within the unincorporated areas of
the county, such regulations shall be no less stringent than the
regulations promulgated by the Colorado land use commission under
this subsection(1) (C.R.S.106-2-34). All subdivision regulations
and all amendments thereto, adopted by a board of county
commissioners shall be transmitted to the Colorado land use
commission.
C. Any person,partnership,or corporation intending to subdivide land
as defined in SECTION 2 of these regulations shall submit plans and
plats as required by and specified in these regulations to the
office of the Planning Commission, for review and approval, as
follows:
(1) Plans and plats of proposed subdivision of land located within the
planning jurisdiction shall be submitted to the Planner, the
Planning Commission and the Board for review and approval, in
accordance with the provisions of these regulations, before such
plats may be recorded with the Weld County Clerk and Recorder. To
ensure uniformity and environmental protection, such plans and
plats shall conform to and follow procedures and standards as
specified in these regulations.
(2) ,It shall be unlawful to file such plats with the County Clerk and
Recorder unless a notation has been made on the Plat by the
Planning Commission and the Board certifying that the Planning
Commission and the Board have approved the plat in accordance with
these regulations.
(3) The chief administrative officer for processing, reviewing and
evaluating proposed subdivisions of land, and for advising the
Planning Commission and the Board concerning their acceptance or
denial, shall be the chief Planner.
(4) The Planner shall have the authority and shall be required to
review all preliminary plans and plats before they are submitted to
the Planning Commission, and shall advise prospective subdividers
and the Planning Commission of all instances in which these
Subdivision Regulations appear to be violated or misinterpreted.
(5) The Planner shall have the authority and shall be required to make
a written report on submitted preliminary plans and plats
concerning the adequacy of streets, other public improvements, lot
sizes, etc., and shall comment upon those items that, in his
professional judgment, would improve the land use, traffic
circulation, utility services, and other environmental conditions
for the future inhabitants of the subdivision. The Planner's
review may include field inspection trips, an evaluation of the
proposed subdivision in relation to the Comprehensive Plan, and an
evaluation of its impact on the environment and all other pertinent
data regarding the subdivision.
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(6) The Planning Commission shall have the authority to require changes
in the preliminary plan, which more fully meet the purposes of
these subdivision regulations as set forth in Subsection 1-3 below.
(7) In reviewing preliminary plans that have been submitted to it, the
Planner and the Planning Commission shall not only insure that the
intent and requirements of these regulations are followed, but
shall also determine the extent to which the goals and policies
embodied in the Comprehensive Plan are met.
1-3 Statement of Purposes
A. To assist orderly, efficient and integrated development.
B. To promote the health, safety, and general welfare of the
residents.
C. To ensure conformance of land subdivision plans with the public
improvement plans of the County and its various municipalities.
D. To ensure coordination of intermunicipal public improvement plans
and programs.
E. To encourage well planned subdivisions by establishing adequate
standards for design and improvement.
F. To improve land survey monuments and records by establishing
standards for surveys and plats.
G. To safeguard the interests of the public, the homeowner, and the
subdivider.
H. To secure equitable handling of all subdivision plans by providing
uniform procedures and standards.
I. To prevent loss and injury from fire in wooded terrain.
J. To preserve natural vegetation and cover and promote the natural
beauty of the country.
K. To prevent and control erosion, sedimentation and other pollution
of surface and subsurface water.
L. To prevent flood damage to persons and properties and minimize
expenditure for flood relief and flood control projects.
M. To restrict building on flood lands, shorelands, areas covered by
poor soils, or in areas poorly suited for building or
construction.
N. To prevent loss and injury from land slides, mud flows and other
geologic hazards.
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0. To provide adequate space for future development of schools and
parks to serve the population.
P. To assure the planning for and provisions of an adequate and safe
source of water and means of sewage disposal.
1-4 Acceptance of Public Land
Approval of a subdivision by the Planning Commission and the Board shall
not constitute an acceptance by the County of the roads, streets,
alleys, or other public lands for maintenance as indicated for
dedication on the plat. The dedication of any of these lands for public
use of any nature within the County shall be accepted by the Board only
by specific action of the Board.
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SECTION 2 DEFINITIONS
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"sub-
divided 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 pro-
perty;
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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
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.
2-2 Resubdivisions
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.
2-3 Subdivider or Developer
Any person, firm,partnership,joint venture,association or corporation
who shall participate as owner, promoter, developer, or sales agent in
the planning, platting, development, promotion, sale or lease of a
subdivision.
2-4 Aauifer
A water-bearing layer of sand, gravel or porous rock.
2-5 Board
The Board of County Commissioners of Weld County.
2-6 Conservation Standards
Guidelines and specifications for soil and water conservation practices
and management enumerated in the Technical Guide prepared by the USDA
Soil Conservation Service, adopted by the County Soil and Water
Conservation District supervisors, and containing suitable alternatives
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for the use and treatment of land based upon its capabilities from which
the land-owner selects that alternative which best meets his needs in
developing his soil and water conservation plan.
2-7 Comprehensive Plan
A comprehensive plan for the future growth, protection and development
of the County, affording adequate facilities for housing,
transportation, comfort, convenience,public health, safety and general
welfare of its population.
2-8 Disposition
A contract of sale resulting in the transfer of equitable title to an
interest in subdivided land; an option to purchase an interest in
subdivided land; a lease or an assignment of an interest in subdivided
land; or any other conveyance of an interest in subdivided land which is
not made pursuant to one of the foregoing.
2-9 Easement
A right to land generally established in a real estate deed or on a
recorded plat to permit the use of land by the public, a corporation, or
particular persons for specified uses.
2-10 Evidence
Any map, table, chart, contract, or any other document or testimony
prepared or certified by a qualified person to attest to a specific
claim or condition, which evidence must be relevant and competent and
must support the position maintained by the subdivider.
2-11 Flood Plain
An area that is anticipated to receive flood waters in years of certain
storm intensity, such as, a fifty year storm or a one hundred year
storm.
2-12 Improvements Agreement
One or more security arrangements which may be accepted by the Board to
secure the construction of such public improvements as are required by
these subdivision regulations within the subdivision and shall include
collateral, such as, but not limited to, performance or property bonds,
private or public escrow agreements, loan commitments, assignments of
receivables, liens on property, deposit of certified funds, or other
similar surety agreements.
2-13 Literal Sewet
A sewer which discharges into another sewer and has only building sewers
tributary to it.
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2-14 jgg
The unit into which land is divided on a subdivision plat or deed, with
the intention of offering such unit for sale, lease or separate use,
either as an undeveloped or developed site, regardless of how it is
conveyed. Lot shall also mean parcel, plat, site or any similar term.
2-15 Multi-Family Dwelling
A building providing separate dwelling units for two or more families.
2-16 Municipality
Includes an incorporated city or town.
2-17 National Cooperative Soil Survey
The soil survey conducted by the U.S. Department of Agriculture in co-
operation with the State Agricultural Experiment Stations and other
federal and state agencies.
2-18 Official Map
The Official Map as adopted by the Board.
2-19 Off-Street Parking Space
The space required to park one passenger vehicle which space shall not
be less than two hundred (200) square feet in area, exclusive of access
drives on private land.
2-20 Planner
The chief administrative official employed by the Board as chief
planner, Director of Planning, or similar position.
2-21 Planning Commission
The Weld County Planning Commission.
2-22 Permanent Monument
Any structure permanently placed on or in the ground, including those
expressly placed for surveying reference.
2-23 Plan. Sketch
A map of a proposed subdivision, drawn and submitted in accordance with
the requirements of adopted regulations, to evaluate feasibility and
design characteristics at an early stage in the planning.
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2-24 plan. Preliminary
The map or maps of a proposed subdivision and specified supporting '
materials, drawn and submitted in accordance with the requirements of
adopted regulations, to permit the evaluation of the proposal prior to
detailed engineering and design.
2-25 plat. Final
"Plat" means a map and supporting materials of certain described land
prepared in accordance with subdivision regulations as an instrument for
recording of real estate interests with the County Clerk and Recorder.
2-26 planned Unit Development (PUD)
An area of land improved as a residential, commercial, or industrial
development or a combination thereof in which normal restrictions of lot
sizes, setbacks, densities, land uses, and other criteria maybe relaxed
in return for development conformance to an approved plan for the total
parcel.
2-27 Reverse Frontage Lots
Lots which front on one public street and back on another.
2-28 Bight-of-Way
That portion of land dedicated to public use for street and/or utility
purposes.
A. Control of Access - The condition where the right of owners or
occupants of abutting land or other persons to access, light, air
or view in connection with a highway is fully or partially
controlled by public authority.
B. Full control of Access - The authority to control access is
exercised to give preference to through traffic by providing access
connections with selected public roads only and by prohibiting
crossings at grade or direct private driveway connections.
C. Partial control of Access - The authority to control access is
exercised to give preference to through traffic to a degree that,
in addition to access connections with selected public roads, there
may be some crossings at grade and some private driveway
connections. Access to county roads shall be completely checked in
the early stages of the planning process. The Board of County
Commissioners through their Planning Commission and Engineering
Department,has control of all access onto any existing or proposed
county roads. Access may be denied on any county road due to
terrain features, traffic hazards or any other reason which, in the
opinion of the board may constitute a threat to the traveling
public.
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2-29 Roadway
That portion of the street right-of-way designed for vehicular traffic.
2-30 Street
A. Any street,avenue,boulevard,road,lane,parkway,viaduct, alley,
or other way for the movement of vehicular traffic which is an
existing state, county or municipal roadway, or a street or way
shown upon a plat,heretofore approved,pursuant to law or approved
by official action; and includes the land between street lines,
whether improved or unimproved, and may comprise pavement,
shoulders, gutters,sidewalks,parking areas and other areas within
the right-of-way. For the purpose of this Resolution streets shall
be classified as defined in subsection (1) through (9);
(1) Freeway. A major regional highway, including interstate
highways, designed to carry very large volumes of vehicular
traffic, with full control of access and all intersections
grade separated. (An expressway is similar to a freeway
except that all intersections need not be grade separated.)
(2) Arterial Street. A street or road designed to carry high
volumes of vehicular traffic over long distances in a direct
manner.
(3) Collector Street. A street or road designed to collect or
distribute vehicular traffic from one or more residential or
nonresidential areas to or from a Major Street or Major
Highway.
(4) Local Street. A street or road designed to carry vehicular
traffic from one or more individual residential or
nonresidential unit to or from a Collector Street.
(5) Wall. A minor way which is used primarily for vehicular
service access to the rear or side of properties otherwise
abutting on a street.
(6) Cul-de-sac. A short dead end street terminating in a
vehicular turnaround area.
(7) Ralf Street. A street parallel and contiguous to a property
line and of lesser right-of-way width than is required for
minor or major streets.
(8) Service Road. A street or road paralleling and abutting major
streets to provide access to adjacent property so that each
adjacent lot will not have direct access to the major street.
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(9) ,Stub Street. A street or road extending from within a
subdivision boundary and terminating there with no permanent
vehicular turn around. Stub streets are provided to permit
adjacent undeveloped parcels of land to be developed later
with an adjacent connecting street system.
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.
2-32 Minor Subdivision. A reduced subdivision procedure for a tract of land
being divided into no more than six (6) total lots.
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SECTION 3 PROCEDURES FOR SUBMISSION OF SUBDIVISION PLANS
3-1 Summary of Procedures for Subdivision
The following submission procedures shall apply:
A. $ketch Plan
Subdividers shall submit a Sketch Plan to the Planning Department
prior to the submission of a Preliminary Plan. Said Plan will
enable the subdivider and the Planner to render an informal
preliminary review of the proposed subdivision for general scope
and conditions which might affect the plan. Said plans should
include the elements listed in SECTION 4-1.
This procedure shall not require formal application, fee, or filing
of plans with the Planning Commission.
At the time of Sketch Plan submission, the subdivider will be
provided materials and information relating to procedures for
Subdivision Application including Preliminary Plan requirements,
required public improvements, design standards and subdivision
improvement agreements.
The subdivider will also be advised of the particular requirements
for determining and evaluating the suitability of proposed sewer,
water and drainage systems. In the case of on-lot sewer or water
facilities, forms will be provided which are to be completed by a
professional engineer, licensed in the State of Colorado, for
submission with the Preliminary Plan.
B. Preliminary Plan
Subdividers shall submit required Preliminary Plan materials and
supporting documents of a proposed subdivision to the Planning
Commission offices for approval prior to the submission of a Final
Plat. Submission requirements and time required for review and
notification are included in SECTION 5.
Approval of the Preliminary Plan shall be effective for twelve (12)
months after the approval date. Thereafter, approval of the
Preliminary Plan will have expired unless a Final Plat has been
submitted to the Planning Commission within that twelve (12)
months, or a mutually agreed upon extension has been granted by the
Planning Commission.
Whenever a Final Plat is approved for less than the entire area
covered by the Preliminary Plan, approval of the Preliminary Plan
for the remaining unplatted area shall be extended for an
additional twelve (12) months.
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C. Final Plat
The Final Plat submission shall conform to the approved Preliminary
Plan and the requirements contained in these regulations. The
Planner shall record the Final Plat as provided in SECTION 6-3 E.
D. Conformity to these Regulation'
Sketch plans, Preliminary Plans and Final Plats shall conform to
the requirements and specifications of these regulations and shall
be submitted in the manner prescribed.
E. Planning Commission Action
Failure by the Planning Commission to act by recommending to the
Board approval, conditional approval, or disapproval of a
Preliminary Plan or a Final Plat within sixty (60) days of the
review date of such plan or plat, or another mutually agreed upon
period of time, shall be deemed a favorable approval by the
Planning Commission, and the subdivider may request a hearing by
the Board.
F. County Commissioners Action
After review of the Final Plat by the Planning Commission, the
Board shall hold a hearing as provided in SECTION 6-3 C.
G. Acceptance of Street and Other Public Land Dedication
Acceptance of dedication of proposed public lands or streets or
streets rights-of-way, in an approved plat, can be made only by the
Board. Plat approval cannot be deemed as acceptance of dedicated
streets for maintenance.
3-2 ,Summary of Rules and Regulations for Exemptions
A. Application for Exemption from Definition of Subdivision
The owner or agent of the owner of a tract or parcel of land which
is proposed to be divided into two (2) building sites, tracts, or
lots may apply to the Board for a recorded exemption or a
subdivision exemption, as provided in SECTION 9 unless previously
exempted in Section 2-1 A. above.
3-3 Industrial and Commercial Subdivisions
The circulation and lot layout of, and to be used for, industrial or
commercial purposes shall follow the prescribed procedures for
submission and review of Preliminary Plans and Final Plats.
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3-4 PUD Subdivisions
Approval of a Planned Unit Development may be given upon evidence of the
provisions of open spaces, public facilities, access, planning
esthetics, and other considerations deemed important by the Planning
Commission and the Board.
3-5 &bile Home Parks
Each mobile home park application shall be submitted as a Planned Unit
Development, and shall comply with SECTION 12-2.
3-6 Kinor 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.
•
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SECTION 4 SKETCH PLAN
4-1 procedures and Requirements for Submission
Subdividers shall submit a Sketch Plan to the Planning Department for
review and discussion of site plan and general scope and conditions.
A. The Plan shall include the following items (submit 3 copies):
(1) A map showing the general location of the subdivision and its
property boundaries. The map shall indicate clearly the
relationship of the proposed subdivision to the surrounding
area within one-half mile of the subdivision's boundaries or
greater distance if required by Planner. It shall show
existing development including: major streets; existing
public sewers, public water supply, and storm drainage
systems; trees, natural vegetation and scenic areas; major
land use concentration; principal places of employment; and
community facilities such as schools,parks and fire stations.
The location map shall include a title, scale,north arrow and
date. (Scale not less than 1"—600').
(2) A sketch plan of the subdivision, which may be a free hand
drawing at suitable scale in a legible medium. The plan shall
clearly show the following: topographic contours (From
U.S.G.S. maps); the proposed layout of streets and lots in
relation to streams, lakes and vegetation on the site
indicating general dimensions of lots; the proposed location
and extent of major open spaces and public sites; general
locations of utility easements and installations; proposed
land uses; and, if construction of buildings is proposed,
indication of building types, with approximate location of
major buildings exclusive of single family residential
dwellings.
(3) Type of water system proposed; also documentation of water
rights and of historic water use, if applicable.
(4) Type of sewer system proposed.
(5) General description of the storm drainage system proposed.
(6) The acreage of the entire tract.
(7) If requested by the Planner, the following items:
(a) A map showing soil types and their boundaries, as shown
on Soil Survey Maps prepared by the U.S. Department of
Agriculture, Soil Conservation Service, and also a table
of interpretations for the soil types shown on the soil
map prepared by the Soil Conservation Service.
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(b) Reports concerning geologic characteristics of the area,
both natural and dan-made, significantly affecting the
land use and determining the impact of such
characteristics on the proposed subdivision.
(c) In areas of potential radiation hazard to the proposed
future land use, these potential radiation hazards shall
be evaluated.
B. Variations from the scale requirement of the sketch plan
(1"—200') will be acceptable in the case of large subdivisions
provided the plans and design are clearly legible. The plan
generally shall include north points,name of the subdivision,name
of the county, U.S.G.S. township, range, sections, and quarter
section. In the case of large subdivisions requiring more than two
sheets at such a scale, a total area plan showing the total area on
a single sheet at an appropriate scale shall also be submitted.
C. Review Procedures
Sketch Plans shall be reviewed by the Planner, in informal
conference with the subdivider. The conference is intended to be
for the mutual exchange of information and development concepts.
A primary concern shall be the degree to which the proposed
subdivision meets the subdivision regulations of the county and
county Comprehensive Plan. The Planner may take up to thirty (30)
days for his review of the Sketch Plan.
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SECTION 5 PRELIMINARY PLAN
5-1 Submission Requirement
Copies of all required material shall be officially submitted to the
Planning Department and Planning Commission offices by the subdivider
(or his authorized representative). A preliminary plan filing fee shall
accompany the submittal in accordance with the fee schedule as adopted
by resolution of the Board.
A. Plan Requirements
(1) One copy of an Application for Approval of a Preliminary Plan
and all required supporting documents.
(2) An adequate number of black on white or blue on white prints
of each sheet of the Preliminary Plan to provide the Planning
Commission and other agencies sufficient copies for their
review.
(3) A receipt shall be issued to the subdivider for the
Preliminary Plan submission when it has been determined that
the submission includes all the requirements set forth in
these regulations. The date of the Planning Commission
meeting to review the plans shall be specified on the receipt.
B. Drawing Requirements
The Preliminary Plan may be drawn with scaled dimensions and need not be
an engineering drawing with calculations or dimensions and survey
closures. A workman-like execution of the plan shall be made in every
detail. A poorly drawn or illegible plan is sufficient cause for its
rejection.
The following data shall be submitted as part of the Preliminary Plan
submission:
(1) A Vicinity Map, at one inch to 600 foot scale, showing perimeter
outline of the proposed subdivision,accesses,abutting subdivision
outlines and names, zoning districts, taxing districts, and other
special districts, and other relevant information within one-
half (h) mile distance of the perimeter of the proposed
subdivision.
(2) Outer boundary lines of the proposed subdivision.
(3) The preliminary plan shall be drawn to a scale less than one
inch (1") equals one hundred (100) feet (unless a variation from
this scale is allowed by the Planner due to the size and nature of
the proposed development), and shall indicate the basis
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of bearings; true north point; name of the subdivision; township,
range, section and quarter section; block and lot number (of the
property under consideration).
(4) The preliminary plan shall contain existing contours at two (2)
foot intervals for predominant ground slopes within the tract
between level and five percent (5%) grade and five foot (5')
contours for predominant ground slopes within the tract over five
percent (5%)grade. Elevations shall be based on National Geodetic
Survey sea level data. In cases of predominantly level topography
throughout a subdivision, one foot (1') interval contours may be
required.
(5) Total acreage of entire proposed subdivision.
(6) Lot and street layout, including proposed future street layout in
dashed line for any portion or parcel of adjacent land not being
subdivided now.
(7) Existing street names.
(8) Dimensions of all lots to nearest foot which may be scaled values.
(9) Lot and blocks numbered consecutively.
(10) Location, size and use of all existing and proposed public and
private easements.
(11) Existing and proposed water mains, fire hydrants, sewers utility
mains (electric, gas, telephone) or other underground structures
within the subdivision and at least 100 feet immediately adjacent
to boundary streets.
(12) Area of each lot in square feet if lot size is less than one acre
and in acres otherwise.
(13) Water courses and proposed storm water drainage systems including
culverts, water areas, streams, areas subject to occasional
flooding and high ground water, marshy areas and swamps. (Note:
detail design of drainage structures not required for preliminary
plan.)
(14) The approximate boundaries of areas subject to inundation or storm
water overflows of an intensity estimated to occur with a return
frequency of once every 50 years and once every 100 years.
(15) Existing buildings, other easements, telephone lines, gas lines,
power lines, and other features located on the subdivision and
within two hundred (200) feet of its boundaries.
(16) Location and ownership of irrigation ditches and other structures
appurtenant to irrigation systems.
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(17) Abutting property lines and the respective owners' names.
(18) General location in the subdivision area of trees over six (6)
inches in diameter, measured at six (6) feet above ground. In
cases of heavily wooded areas, indicate the outline of wooded area
and location of trees which are to remain. It is the intent of
this requirement to determine the approximate location of trees for
design evaluation rather than to require unnecessary surveying of
exact tree location.
(19) Proposed sites to be reserved or dedicated for parks, playgrounds,
schools, or other public uses.
(20) Proposed, sites, if any, for multifamily dwellings, shopping
centers, community facilities, industry, or other uses, exclusive
of single family dwellings.
(21) Location, function, ownership and manner of maintenance of common
open space reserved or dedicated for the use and benefit of the
owners and future owners of the proposed subdivision.
(22) The substance of all other covenants, grants of easements or
restrictions to be imposed upon the use of land, buildings, and
,structures.
(23) An affidavit that the applicant is the owner, equitable owner or
authorized by the owner, in writing, to make application for the
land proposed to be subdivided.
5-2 Supporting Documents Required
The following material shall accompany the Preliminary Plan and be
considered a part of the submission:
A. Three copies of the Sewage Disposal Report as required by the
Planning Commission.
B. Geologic maps and investigation reports regarding area suitability
for the proposed development.
C. Soil type maps and tables of soil type interpretations prepared as
part of the Sketch Plan submission, based on the National
Cooperative Soils Survey, U.S. Department of Agriculture, Soil
Conservation Service, provided by the Soil Conservation District.
D. 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.
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E. Summary Statement of Application
(1) Total development area.
(2) Total number of proposed dwelling units.
(3) Total number of square feet of nonresidential floor space.
(4) Total number of off-street parking spaces, excluding those
associated with a single-family residential development.
(5) Estimated total number of gallons per day of water system
requirements where a distribution system is proposed.
(6) Estimated total number of gallons per day of sewage to be
treated where a central sewage treatment facility is proposed
and the estimated composition of the sewage in terms of
average pounds of BOD per day that will require treatment.
(7) Estimated construction cost and proposed method of financing
of the streets and related facilities, water distribution
system, sewage collection system, storm drainage facilities,
and such other utilities as may be necessary.
(8) List of all special districts involved.
F. Water resource report as required by the State Engineer.
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.
H. 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 or
records in the County Clerk and Recorder's Office and as their most
recent addresses may appear in the telephone directory or other
20
directory of general use in the area of the property or on the tax
records of the County.
5-3 Review Procedures - Preliminary Plan
A. When a Preliminary Plan has been officially accepted at the offices
of the Planning Department and Planning Commission. it shall be
placed on the agenda of the Planning Commission meeting for
subdivision review within sixty (60) days.
B. The Planner, as the authorized representative of the Board, shall
upon complete preliminary plan submission, distribute copies of
prints of the plan provided by the subdivider as follows:
(1) To the appropriate school districts;
(2) To each county or municipality within a three-mile radius of
any portion of the proposed subdivision;
(3) To any utility, local improvement and service district, or
ditch company, when applicable;
(4) To the Colorado State Forest Service, when applicable;
(5) To the appropriate planning commission;
(6) To the local soil conservation district board or boards within
the county for explicit review and recommendations regarding
soil suitability and flooding problems. Such referral shall
be made even though all or part of a proposed subdivision is
not located within the boundaries of a conservation district;
(7) When applicable, to the county, district, regional, or State
Department of Health, for their review of the on-lot sewage
disposal reports, for review of the adequacy of existing or
proposed sewage treatment works to handle the estimated
effluent, and for a report on the water quality of the
proposed water supply to serve the subdivision;
(8) When applicable, to the State Engineer for an opinion
regarding material injury to decreed water rights, historic
use of and estimated water yield to supply the proposed
development, and conditions associated with said water supply
evidence. The State Engineer shall consider the cumulative
effect of on-lot wells on water rights and existing wells;
(9) To the Colorado Geological Survey for an evaluation of those
geologic factors which would have a significant impact on the
proposed use of the land.
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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.
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.
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.
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.
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I. planner
The Planner shall ensure the completeness of the Preliminary Plan
submission and shall insure its conformance with the Comprehensive
Plan and good subdivision design practices. The Planner shall make
a report of his.review of the Preliminary Plan to the Planning
Commission.
5-4 Approval or Disapproval - Preliminary Plan
A. A Preliminary Plan shall be approved by the Planning Commission
unless it finds that the Preliminary Plan fails to meet the
requirements specified herein or that the proposed preliminary plan
is detrimental to the public health, safety, or general welfare as
set forth in this Section as follows:
(1) Health, Safety, and Welfare
Before approving the Preliminary Plan,the Planning Commission
shall determine that the subdivision:
(a) Will be served by a public water system or, if less than
ten lots, will have sufficient well water available per
lot, both physically and legally, for the foreseeable
needs of the subdivision or development, and will not
cause an unreasonable depreciation of an existing water
supply as evaluated by the State Engineer. Evidence
regarding water supply: 9uality, quantity, and
dependability. Evidence may include: evidence of
ownership or right of acquisition of or use of existing
and proposed water rights; historic use and estimated
yield of claimed water rights; amenability of existing
rights to a change in use; evidence that public or
private water owners can and will supply water to the
proposed subdivision stating the amount of water
available for use within the subdivision and the
feasibility of extending service to that area; evidence
concerning the potability of the proposed water supply
for the subdivision.
(b) Will be served by a public sanitation system or on-lot
sewage disposal system that will not result in water
pollution. In making this latter determination, the
Planning Commission shall consider: the amount of
rainfall received by the area; the relation of the land
to flood plains; the nature of soils and subsoils and
their ability to adequately support waste disposal; the
slope of the land and the effect of effluents; the
presence of streams as related to effluent disposal; the
applicable health and water resources department
regulations.
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(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.
(d) Will not cause air pollution based on state health
department standards. In making this determination they
shall consider the elevation of land above sea level;
land topography;prevailing winds or the absence thereof;
local and regional airsheds; increase in sources or
quantity of emission, as well as quality of such, and
such other items as are deemed pertinent.
(e) Will not cause unreasonable highway congestion or unsafe
conditions with respect to use of the highways existing
or proposed; will not cause unreasonable burden on the
ability of a school district to provide educational
services; will not place an unreasonable burden on the
ability of the local governments to provide water,
sewage, fire, police, hospital, solid waste disposal and
other services.
(f) Will not have an undue adverse effect on the scenic or
natural beauty of the area, aesthetics, historical sites
or rare and irreplaceable natural areas;will not have an
undue adverse effect on wildlife and their habitat, and
on the preservation of agricultural land.
B. Data and Investigations
The Planning Commission may conduct such investigations,
examinations, test and site evaluations as they deem necessary to
verify information contained in the application. An applicant
shall grant the Planning Commission,or their agents,permission to
enter upon his land for these purposes.
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.
D. Durden of Proof
The burden of proof shall be on the subdivider to show the
reasonableness of his plan, the lack of adverse effect, and
compliance with the elements of the public health, safety, and
general welfare as set forth in Section 5-4 A.
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E. $oard 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 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.
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SECTION 6 FINAL PLAT
6-1 ,Submission Requirements
Copies of all required material shall be officially submitted to the
Planning Department by the subdivider (or his authorized
representative). No Final Plat shall be approved by the Board until the
subdivider has complied with the requirements and submitted the
supporting documents as provided herein.. Final Plats shall be submitted
for approval within twelve (12) months of the date a Preliminary Plan
has been approved by the Planning Commission. No Final Plat submission
shall be accepted which has exceeded this time lapse period unless an
extension of time has been granted. An extension of time maybe granted
by the Planning Commission upon written request of the subdivider. Any
plat submitted for which Preliminary Plan approval has been given in
excess of twelve (12) months previous and for which no time extension
has been granted shall be considered as a new Preliminary Plan. The
Final Plat shall conform to the approved Preliminary Plan and shall also
contain the requirements of this Section.
A. plat Requirementa
(1) The Final Plat submission shall conform in all major respects
to the Preliminary Plan as previously reviewed and approved by
the Planning Commission and shall incorporate all
modifications required in its review. The Board,however,may
approve a Final Plat which has been modified to reflect
improvements in design or changes which have occurred in its
natural surroundings and environment since the time of the
Preliminary Plan review and approval.
(2) A Final Plat may be submitted in sections covering
representative and reasonable portions as defined by the
Planning Commission of the subdivision tract. A minimum of
forty acres or the total ownership is recommended, although a
lesser acreage may be approved. In such cases submission
shall include a map, indicating the sections designated for
the entire tract, and each sheet numbered accordingly and
include title, legend, matchlines and other appropriate
information.
(3) One (1) copy of application form for review of a Final Plat
and all required supporting documents required in Section 6-2.
(4) A required number of black on white or blue on white prints of
the Final Plat.
(S) A Final Plat fee as established in a resolution by the Board
must accompany the Final Plat submission.
(6) A receipt shall be issued to the subdivider(or his authorized
representative)for the Final Plat submission when it has been
26
determined that the submission includes all the requirements
set forth in these regulations.
B. Drawing Requirements
The Final Plat drawing shall comply with the following standards:
(1) The plat shall be prepared and certification made as to its
accuracy by a registered land surveyor licensed to do such
work by the State of Colorado. A workman-like execution of
the plat shall be made in every detail. A poorly drawn or
illegible plat is sufficient cause for its rejection.
(2) The plat shall be delineated in drawing ink on waterproof
tracing cloth or mylar or other drafting media approved by the
Planner, at a scale of 1 inch—100 feet, in the following
size:
twenty-four (24) inches high by thirty-six (36) inches
wide
(3) The bearings, distances and curve data of all perimeter
boundary lines shall be indicated outside the boundary line,
not inside,with the lot dimensions. When the plat is bounded
by an irregular shore line or a body of water, the bearings
and distances of a closing meander traverse should be given
and a notation made that the plat includes all land to the
water's edge or otherwise.
(4) If a plat is revised, a copy of the old plat shall be provided
for comparison purposes.
(5) All blocks, and all lots within each block, shall be
consecutively numbered.
(6) On curved boundaries and all curves on the plat, sufficient
data shall be given to enable the reestablishmept of the
curves on the ground. This curve data shall include the
following for circular curves:
(a) radius of curve
(b) central angle
(c) tangent
(d) arc length
(e) notation of nontangent curves
(7) Excepted parcels shall be marked "Not included in this
subdivision"and the boundary completely indicated by bearings
and distances.
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(8) All streets, walkways and alleys shall be designated as such
and streets shall be named; bearings and dimensions must be
given.
(9) All easements shall be designated as such and bearings and
dimensions given.
(10) All lands within the boundaries of the plat shall be accounted
for either as lots, walkways, streets, alleys,
public areas such as school sites,parks, or common areas, or
excepted parcels.
(11) All dimensions of irregularly shaped lots shall be indicated
in each lot.
(12) Bearings and lengths shall be given for all lot lines, except
that bearings and lengths need not be given for interior lot
lines where the bearings and lengths are the same as those of
both end lot lines.
(13) Parcels not contiguous shall not be included in one plat, nor
shall more than one plat be made on the same sheet.
Contiguous parcels owned by different parties may be embraced
in one plat, provided that all owners join in the dedication
and acknowledgement.
(14) Lengths shall be shown to hundredths of a foot, and angles and
bearings shall be shown to seconds of arc.
(15) The information on the plat shall include:
(a) Name of subdivision, astronomic north arrow and basis
thereof, and date.
(b) Name and address of owner or owners of record.
(c) Total acreage of subdivision and total number of lots.
(d) Section (and Quarter Section if portion of a Section),
Township, Range, and principal meridian.
(e) Graphic scale.
(f) Any additional information required by C.R.S. 136-2-2.
C. Monuments
(1) Permanent reference monuments shall be set on the external
boundary of the subdivision, pursuant to C.R.S. 136-2-1.
(2) Block and lot monuments shall be set pursuant to C.R.S. 136-2-
1.
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(3) At least one second order benchmark (Geodetic Survey Datum)
shall be set (where practical to tie in within every
subdivision or subsequent filing prior to submission of the
Final Plat for approval.
(4) Detail and requirements on monument construction,marking,and
setting as provided by Resolution of the Board.
D. ,purvey Certification
The surveyor making a plat shall certify on the plat that it
conforms to these regulations and to all applicable state laws and
that the monuments described in it have been placed as described.
He shall affix his name and seal.
6-2 Supporting Document
Submitted with the Final Plat drawing and considered a part of the Final
Plat submission shall be the following documents:
A. Drawings showing layout,profile, computations and detail design of
the following:
(1) All utility easements for water, sewer, electric, gas,
telephone, etc., as applicable.
(2) The required number of plans, profile and typical cross
section drawings of streets, bridges, culverts, and other
drainage structures.
(3) Grading and drainage plan indicated by solid line contours
superimposed on dashed line contours of existing topography
for the area of the Final Plat. Such contours shall be at two
(2) foot intervals for predominant ground slopes within the
tract between level and five percent (5%) grade and five (5)
foot contours for predominant ground slopes within the tract
over five percent (5%) grade. In case of a predominantly
level topography throughout a subdivision, one foot contour
intervals may be required.
(4) Erosion control plan when required, to be submitted as a
result of Preliminary Plan review.
(5) The regulated number of copies of pavement design computations
and drainage design computations.
These drawings and computations shall be prepared by either a
F registered professional engineer or registered land surveyor,
as required by the laws of the State of Colorado, who is
licensed to do such work in the State of Colorado, and shall
be in conformance with the Engineering Criteria as provided by
Resolution of the Board.
29
The above engineering material shall be submitted by the
Planner to the County Engineer for adequately checking the
engineering data at least ten (10) working days prior to the
Final Plat being considered by the Planning Commission.
B. A copy of a certificate of title issued by a title insurance
company or an attorney's opinion of the title which shall set forth
the names of all owners of property included in the Final Plat and,
shall include a list of all mortgages,judgments, liens,easements,
contracts and agreements of record in Weld County, which shall
affect the property covered by such plats. If the attorney's
opinion or certificate of title discloses any of the
above then at the option of the Board, the holders or owners of
such mortgages, judgments, liens, easements, contracts, or
agreements shall be required to join in and approve the application
before the plat shall be acted upon by the Board.
C. Where a portion of an existing easement is contiguous to a proposed
easement or right-of-way of a new subdivision, proof of the
dedication of the existing easement or right-of-way acceptable to
the Planning Commission must be submitted.
D. Where the subdivider is to dedicate land for schools, roads, parks,
or other public purposes, a letter of intent from the appropriate
public agencies stating that it will accept the lands to be
dedicated.
E. A copy of a contract, or some tangible guarantee, providing for
public water supply when water is to be furnished by a public water
supply agency.
F. Where off-site sewage disposal is required, a copy of a contract,
or some tangible guarantee, providing for the furnishing of
adequate sewage treatment by a public sewage treatment agency.
G. When a new street will intersect with a state highway, a copy of
the state highway permit.
H. 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.
I. Wherever applicable, a copy of agreements signed by agricultural
irrigation ditch companies specifying the agreed upon treatment of
the ditch including fencing as provided in Section 8-12.
J. guarantee of Public Improvements
No Final Plat shall be approved until the subdivider has submitted
and the Board has approved a Subdivision Improvement Agreement as
provided in Section 11.
30
K. ,Summary Statement of Proposal with the following information:
(1) Total development area.
(2) Total number of proposed dwelling units.
(3) Total number of square feet of nonresidential floor space.
(4) Total number of off-street parking spaces, excluding those
associated with single family residential development.
(5) Estimated total number of gallons per day of water system
requirements where a distribution system is proposed.
(6) Estimated total number of gallons per day and the estimated
pounds per day of BOD content of sewage to be treated where a
central sewage treatment facility is proposed, or disposal
means and suitability where no central sewage treatment
facility is proposed.
(7) Estimated construction cost and proposed method of financing
of the streets and related facilities, water distribution
system, sewage collection system, flood plain protection,
, storm drainage facilities,and such other facilities as maybe
necessary. If improvements are not to be completed prior to
approval of the Final Plat, the cost estimates included in
this statement shall be identical to those included in the
improvement agreement.
L. Copies of deed restriction, including those required by the Board
to govern the future use of each lot and any common land.
M. Monument record for required benchmark, and closure sheets for the
entire tract included in the plat and for each block in said tract.
N. Certifications on the Final Plat
The Final Plat shall contain the following certificates:
(1) 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 subdivided the same
into lots and blocks, 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
31
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.
S.S.
County of Weld
The foregoing dedication was acknowledged before me this
day of , A.D., 19
My Commission expires
Notary Public Witness My Hand and
Seal
(2) Surveying Certificate
I, , a Registered Professional Land
Surveyor in the State of Colorado do hereby certify that the
survey represented by this plat was made under my supervision
and the monuments shown thereon actually exist and this plat
accurately represents said survey.
By:
Registered Land Surveyor
(3) planning Commission Certificate
This plat approved by the Weld County Planning Commission this
day of , A.D., 19_
By:
Chairman
32
(4) Certificate of Approval by the County Commissioners
Approved by the Board of County Commissioners of Weld County,
State of Colorado.
Witness my hand and the corporate seal of Weld County this
day of ,A.D., 19_
Attest:
Chairman
(5) Recorders Certificate
This plat was filed for record in the office of the County
Clerk and Recorder of Weld County at M. on the
day of , A.D., 19 in book page
, map , reception.
County Clerk and Recorder
By:
Deputy
O. Accessory Documents
(1) A title certificate or an abstract of title covering all
public dedications.
(2) Certificate from the County Treasurer showing no delinquent
taxes.
(3) A Warranty Deed which deeds to Weld County all lands other
than streets which are all to be held for or used for public
purposes.
(4) Certificate from a qualified engineer responsible for the
design of the utilities.
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
33
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.
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.
34
6-3 geview Procedures - Final Plat
A. When a Final Plat has been received it shall be acted upon by the
Planning Commission at a meeting scheduled for subdivision review,
within sixty (60) days or another mutually agreed upon period of
time.
B. County Planning Commission Review
(1) The Planning Commission shall review the Final Plat at a
regularly scheduled public meeting. The Planning Commission
may require or recommend changes or modifications to the Final
Plat in the public interest. If the Final Plat and all
supplementary data comply with the applicable requirements of
these regulations, the Planning Commission shall endorse on
the plat in the space provided.
(2) Within ten (10) days after review of the Final Plat at the
public meeting, the Planning Commission shall send written
notification of its Review to the Board. Required and
recommended modifications to the Final Plat, if any, shall be
noted on three (3) prints of the plat; one copy to be
transmitted to the Board, one copy to be retained in the
Planning Commission files, and one copy to be transmitted to
the subdivider.
(3) The only basis for rejection of a Final Plat shall be its
nonconformance to adopted rules, regulations and resolutions
currently in force and affecting the land and its development
in the county, its lack of conformance with approved
Preliminary Plan, and changes required in the public interest.
(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.
35
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.
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.
D. The subdivider shall provide the Planner with an adequate number of
the approved plats or prints marked for modification, together with
the official notification of the action to be distributed by the
Planner as follows:
(1) One copy to Planning Commission files
(2) One copy to Board files
(3) One copy to Subdivider
(4) One copy to Engineer and/or Surveyor of the subdivision
(5) One copy to Colorado Land Use Commission together with
supporting materials submitted pursuant to Section 6-2
(6) One copy each to Utility Companies serving the Subdivision
E. Recording Final Plat
(1) The Planner shall record the Final Plat with the County Clerk
and Recorder within five (5) working days of approval of the
Final Plat by the Board.
(2) The County Clerk and Recorder shall furnish the subdivider
with a receipt for the Final Plat upon filing of the Final
Plat.
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6-4 gesubdivision Procedure
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 form 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 81"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-land 6-2 of these Subdivision
Regulations. The Director of the Department of Planning
Services may waive any nonapplicable requirements.
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(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.
D. 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.
(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 6-1 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.
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(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 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.
E. 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;
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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
(3) The plat shall not be altered in any way which will adversely
affect the character of the plat filed.
6-S Correction Plan
A. 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/of final plat.
6-6 slumbering 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 7 CONFORMANCE WITH EXISTING LAWS
7-1 General
Land being subdivided shall conform with the Comprehensive Plan, Zoning
Resolution, and other resolutions and regulations in effect in the
County. All plans of streets or highways for public use, and all plans,
plats, plots, and replots of land laid out in subdivision or building
lots, and the streets, highways, alleys, or other portions of the same
intended to be dedicated to a public use or the use of purchasers or
owners of lots fronting thereon or adjacent thereto, shall be submitted
to the Board of Review and subsequent approval, conditional approval, or
disapproval.
The Board shall have the power to bring an action to enjoin any
subdivider from selling, agreeing to sell, or offering to sell
subdivided land before a Final Plat for such subdivided land has been
approved by the Board as provided in C.R.S. 106-2-9(4).
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SECTION 8 DESIGN STANDARDS
All subdivisions approved by the Board must comply with the following
standards.
8-1 General Standards
A. The design and development of subdivisions shall preserve, insofar
as it is possible, the natural terrain, natural drainage, existing
topsoil, and trees.
B. Land subject to hazardous conditions such as land slides, mud
flows, rockfalls, snowdrifts, possible mine subsidence, shallow
water table, open quarries, floods, and polluted or nonpotable
water supply shall be identified and shall not be subdivided until
the hazards have been eliminated or will be eliminated by the
subdivision and construction plans.
C. Provision shall be made to preserve groves of trees, streams,
unusually attractive topography, and other desirable natural
landscape features.
D. A proposed subdivision shall be designed in such manner as to be
coordinated with adjoining subdivisions with respect to the
alignment of street rights-of-way and utility and drainage
easements and open spaces.
8-2 ,Streets
A. ,Street Reauirements
(1) Street Plan. The arrangement, extent, width, type and
location of all streets shall be designed in relation to
existing or planned streets, to topographic conditions, to
public convenience and safety,and in relation to the proposed
use of land to be served. Streets shall be extended to the
boundaries of each building site, except where such extension
is prevented by topography or other physical conditions; or
where the connection of streets with existing or probable
future streets is deemed unnecessary for the advantageous
development of adjacent properties. All building sites shall
have access to a public street.
(2) Through Traffic. Local streets shall be arranged so that
their use by through traffic will be discouraged.
(3) $tub Street. Provision must be made, through the provision of
stub streets or extension of new streets to connect to
existing stub streets, to provide an efficient street system.
Not more than six(6)lots shall front on a stub street except
where a temporary turnaround is provided.
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(4) Intersections. Freeways and arterial streets shall not be
intersected by local streets. Collector streets shall not
intersect major arterial streets at intervals of less than
1320 feet (1/4 mile).
(5) p ight-of-Way Width. Streets shall have the following minimum
right-of-way widths:
(a) Freeways - two hundred and fifty (250) feet;
(b) Major arterials - one hundred and forty (140) feet;
(e) Minor arterials - one hundred (100) feet;
(d) Collector street - eighty (80) feet;
(e) Local street and service road - shall be at least sixty
(60) feet; (Freeways and Major arterials shall be
designated on the Comprehensive Plan.)
(6) Roadway Width. Streets shall have the following roadway
minimum widths:
(a) Four lane arterial streets - sixty-four (64) feet;
(b) Collector street - forty (40) feet;
(c) Local street or service road forty (40) feet;
(d) At least six foot shoulders shall be provided on arterial
streets where curbs are not provided.
(7) Half-Street. Half-streets shall not be permitted unless:
(a) They are required to complete a half street already in
existence;
(b) The subdivider obtains for the County a dedication from
the abutting landowner of the other one-half of the
street; and,
(c) The subdivider obtains from the said abutting landowner
an agreement in a form satisfactory to the Board which
guarantees the cost of the improvements and construction
of the same on the half street within a time suitable to
the Board; and,
(d) The subdivider guarantees the construction of the
improvements on the half street which he is dedicating;
or,
(e) Upon waiver by the Board.
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(8) Dead-end Street. (not cul-de-sacs). Dead-end streets shall
not be permitted.
(9) Cul-de-sac Streets. Permanent cul-de-sac streets serving no
more than twenty (20) lots may be permitted and must be
provided with a right-of-way at the turnaround of sixty-five
(65)feet radius or more and the outside curb or pavement edge
radius must be fifty-five (55) feet or more.
(10)pumber of Streets at Intersection. No more than two streets
shall intersect at one point.
(11) Angle of Street Intersection. Streets shall intersect at
ninety (90) degrees, except where this may be impractical.
Angles of less than ninety (90) degrees may be designed,
subject to the approval of the Board.
(12) Centerlines of Intersection Streets. Two streets meeting a
third street from opposite sides shall meet at the same point,
or their centerlines shall be offset at least three hundred
(300) feet. This requirement shall not apply to the alignment
of opposing cul-de-sacs streets.
B. ,Street names. Streets shall have the names of existing streets
which are in alignment in the county or in an adjoining county or
municipality. There shall be no duplication of street names within
the area.
C. Curvature and Alignment
(1) Horizontal Curves. To ensure adequate sight distances, when
street roadway lines deflect more than five (5) degrees,
connection shall be made by horizontal curves. The minimum
centerline radii for local streets shall be one hundred (100)
feet; collector streets two hundred (200) feet; and of all
other streets, three hundred (300) feet. On collector and
major streets a minimum tangent of one hundred (100) feet
shall be required between reverse curves.
(2) Vertical Curves. Vertical curves shall be used at changes of
grade exceeding one percent and shall be designed to provide
minimum sight distances of two hundred (200) feet for local
streets and three hundred (300) feet for all other streets
(arterial and collector streets shall be as determined by the
current specifications of the American Association of State
Highway Officials).
No vertical grade shall be less than 0.2% in order to
facilitate adequate drainage.
44
Maximum percent of street grade, except as provided below:
Local streets 8%
Collector streets 7%
Arterial streets 5%
(a) Where a horizontal curve occurs on a grade of over five
percent, the maximum allowable percent of grade on the
curve shall be reduced by 0.5Z of each 50 feet that the
curve radius is less than 400 feet.
(b) Street grades shall not exceed 4.0% for a distance
extending at least forty feet in each direction from a
street intersection.
D. Frontage of Major Highways
Where a residential subdivision abuts a major highway, service
roads may be required. A subdivision that adjoins or contains an
existing or proposed freeway or major arterial provided in the
Comprehensive Plan may be required to provide service roads at
least forty-four (44) feet in paved width or more as required.
Where a subdivision borders a railroad right-of-way, freeway,
arterial or collector street, a landscaped buffer area of not less
than twenty (20) feet may be required for adequate reduction of
noise pollution.
E. Roadbed Construction Standards for Paved Roadways
Roadbed construction shall be constructed in accordance with
standards provided by resolution of the Board.
8-3 Sidewalks. Curbs. and Gutters
Sidewalks shall be provided where required by the Board, on both sides
of all streets, not less than four (4) feet in width. Sidewalks, curbs
and gutters shall be constructed as provided by resolution of the Board.
8-4 Block Standards and Walks
A. Block Standards
The lengths, widths and shapes of blocks shall be determined with
due regard to the following:
(1) Provision of adequate building sites suitable to the special
needs of the type of use contemplated;
(2) Requirements of the zoning resolution as to lot sizes and
dimensions;
45
(3) Needs for convenient access and control and safety of
vehicular and pedestrian traffic circulation, and emergency
vehicles;
(4) Limitations and opportunities of topography;
(5) Maximum block length between intersecting streets shall be
1,500 feet, unless waived by the Board.,
B. Pedestrian Walks
Where blocks exceed one thousand(1000) feet in length,pedestrian
rights-of-way of not less than ten (10) feet in width shall be
provided through blocks where needed for adequate pedestrian
circulation. Improved walks of not less than four (4) feet in
width shall be placed within the pedestrian rights-of-way.
8-5 Lot Size Standards
A. Lot size,width, depth, shape and orientation and minimum building
setback lines shall be appropriate for the location of the
subdivision and for the type of development and use contemplated,
and shall facilitate the placement of buildings with sufficient
access, outdoor space,privacy and view. No lot shall be more than
three times as long as it is wide.
B. Depth and width of properties reserved or laid out for commercial
and industrial purposes shall be adequate to provide for off-street
parking, landscaping or planting area, and loading areas required
by the type of use and development contemplated.
C. Lots
(1) No single lot shall be divided by a municipal or county
boundary line.
(2) A lot shall not be divided by a road, alley or other lot.
(3) Each lot shall be provided with satisfactory access to an
existing public street.
(4) Corner lots for residential use shall accommodate the required
building setback line on both street frontages.
(5) Wedge-shaped lots. In the case of wedge-shaped lots, no lot
shall be less than thirty (30) feet in width at the front
property lines.
(6) jot lines. Side lot lines shall be at substantially right
angles and radial to curved streets. Where lot lines are not
at right angles to the street lines this shall be indicated.
46
(7) Front on public street. Double frontage and reverse frontage
lots shall not be permitted except where essential to provide
separation of residential properties from arterial streets or
commercial uses, or orientation.
(8) A planting screen easement, across which there shall be no
right of vehicular access, may be required along the property
line of lots abutting an arterial street. A statement
dissolving right of access from individual lots to the
arterial street may be required with the Final Plat.
8-6 Easement Standard'
Easements shall follow rear and side lot lines whenever practical and
shall have a minimum total width of twenty(20) feet apportioned equally
in abutting properties.
Where front line easements are required, a minimum of fifteen (15) feet
shall be allocated as a utility easement. Perimeter easements shall not
be less than fifteen (15) feet in width extending throughout the
peripheral area of the development.
Easements shall be designed so as to provide efficient installation of
utilities. Special guying easements at corners maybe required. Public
utility installations shall be so located as to permit multiple
installations within the easements to avoid cross connections, minimize
trenching and adequately separate incompatible systems.
The developer shall establish rough cut final utility grades prior to
utility installations. (For drainage easement requirements see Section
8-11).
8-7 All.
Service access to the interior of blocks may be permitted in certain
instances, in which case such alleys must be indicated in the plats.
8-8 Driveways
Driveways shall not be permitted to have direct access to major or minor
arterial streets.
8-9 Eanitary Sewage Disposal
A. General Requirements
In all new subdivisions, all lots, or parcels which cannot be
connected to a public or community sanitary sewage system shall be
provided with an on-lot sewage disposal system prior to the
occupancy of, or use of buildings constructed thereon. In order to
determine the adequacy of the soil involved to properly absorb
sewage effluent and to determine the minimum lot area required for
47
such installations, an interpretive map based on the National
Cooperative Soil Survey showing the suitability of the soil for
septic tank fields will be submitted along with the results of
percolation tests. The results of these data will be reviewed by
the Planning Commission and by the Department of Health to
determine the general suitability of the soil for on-lot disposal
systems.
(1) Lands made, altered, or filled with nonearth materials within
the last ten (10) years shall not be divided into building
sites which are to be served by soil absorption waste disposal
systems.
(2) Each lot to be served by an on-site soil absorption sewage
disposal system shall have fifty percent(50X)of its minimum
required lot area or twenty thousand (20,000) square feet,
whichever is less, in slopes of less than fifteen (15X)
percent.
(3) Each subdivided lot to be served by an on-site soil absorption
sewage disposal system shall contain an adequate site for such
system. An adequate site requires a minimum depth of eight
(8) feet from the surface of the ground to impermeable
bedrock, and a minimum depth of eight (8) feet from the
surface of the ground to the ground water surface (based on
annual high water level). Each site must also be at least one
hundred(100) feet from any water supply well, stream or water
course, and at least ten (10) feet from any dwelling or
property line.
(4) Soils having a percolation rate slower than thirty (30)
minutes per inch shall not be divided into building sites to
be served by soil absorption sewage disposal systems.
(5) Land rated as having severe limitations for septic tank
absorption fields as defined herein or by the U.S. Department
of Agriculture, Soil Conservation Service, shall not be
divided into building sites to be serviced by soil absorption
sewage disposal systems unless such building sites contain not
less than two and one-half acres.
(6) An applicant desiring to install soil absorption sewage
• disposal facilities on the soils having severe limitations,as
determined in the preliminary plan review, shall; have
additional on-site investigations made, including percolation
tests; obtain the certification of a soils scientist that
specific areas lying within these soils are suitable for the
proposed soil absorption sewage disposal system; and meet the
State Health Department regulations. In addition, the
Sanitary Inspector shall find that the proposed corrective
measures have overcome the severe soil limitations.
48
(7) Other applicable standards adopted by the State Water
Pollution Control Commission and the County Health Department.
An applicant desiring to install soil absorption sewage disposal
facilities on soils having severe limitations shall have an
opportunity to present evidence contesting such classification and
analysis if he so desires. Thereafter the Colorado Water
Pollution Control Commission may affirm, modify or change the
classification.
B. Sanitary Sewer Mains. Laterals and House Connections
Where local, county, and regional master plans indicate that
construction or extension of sanitary sewers may serve the
subdivision area within a reasonable time, the Board may require
the installation and capping of sanitary sewer mains and house
connections in addition to the installation of temporary individual
on-lot sanitary disposal systems. An agreement with the State
Health Department shall be required which stipulates that the
subdivider and/or lot owner shall connect to said sewer within
three (3) months after it is available. The design and
installation of all capped sewers, laterals and house connections
must be approved by the County Health Department. Whenever
,'individual on-lot sanitary sewage disposal systems are proposed the
subdivider shall either install such facilities, or require by deed
restrictions or otherwise as a condition of the sale of each lot or
parcel within such subdivision that on-lot sanitary sewage disposal
facilities be installed by the purchaser of said lot at the time
that the principal building is constructed. In all other cases
sanitary sewage disposal facilities shall be provided for every lot
or parcel by a complete community or public sanitary system. All
sewer mains shall be installed in easements and/or dedicated
rights-of-way.
C. Test Procedures
Test procedures shall be conducted in accordance with U.S. Public
Health Service Publications Number 526,1963 Edition, including any
revisions thereto, and other County requirements.
8-10 Water Supply
Water supply systems shall be provided consistent with the standards of
the requirements of these regulations.
A. public Water Supply Systems
Where water supply is to be by a central system either through a
municipality, a water district, or water company or association,
the subdivider must furnish evidence or adequate water supply and
ability to serve. If a new off-site water supply system is
proposed, the subdivider prior to approval shall provide a
49
certified letter from the State Engineer stating that proper water
rights have been acquired, or a proper nontributary source is
reasonably available for the future use of the subdivision.
The central water supply system shall contain mains of sufficient
size and having a sufficient number of outlets to furnish an
adequate water supply for each lot or parcel in the subdivision and
to provide adequate fire protection. The minimum size of water
mains shall be six (6) inches, unless specifically excepted
by the Board. Fire hydrants shall be spaced no more than 1000 feet
apart. All water mains shall be installed in dedicated streets,
alleys, or easements.
All subdivisions containing ten(10) or more lots shall be served
by a public water system.
B. On-site Water Systems
Where the subdivider proposes that individual on-lot water supply
systems be constructed within the subdivision, the subdivider shall
install such facilities, or shall require by deed restriction or
otherwise as a condition of the sale of each lot within the
subdivision that the facilities be installed by the purchaser of
.said lot at the time the principal building is constructed.
Where individual on-lot water supply systems are proposed or
necessary, a geologic report shall be submitted and shall contain
a specific section on ground water geology prepared by a qualified
ground water geologist which indicates:
(1) The probability of success of wells or on-site supply systems
throughout the proposed subdivision.
(2) The expected long term yield of such wells or systems.
(3) The expected depth to usable water.
(4) The expected quality of the anticipated water.
(S) Any expected significant problems of long-term supply,
pollution or long-term maintenance of such wells or systems.
(6) The anticipated accumulative effect of such water use on other
vested water rights in the area.
(7) The report shall include such other information as required by
the Planning Commission.
C. Fire Safety Reauirements
All subdivisions of ten (10) building sites or more shall be
required to provide minimum fire protection as follows:
50
(1) Fire hydrants shall be spaced no more than 1000 feet.
(2) Minimum water line size shall be six (6) inches within all
subdivisions having two (2) lots or more per acre.
(3) Fire hydrants that have two and one-half (210 inch outlets
shall have the National Standard Thread. Four and one-half
(411)inch or six(6)inch steamers shall have threads known as
D-522, six (6) threads per inch.
(4) Minimum residual pressure of 20 to 30 psi at the fire hydrants
will be considered to provide minimum fire protection.
(5) Fire hydrants shall be located on dedicated street rights-of-
way and be accessible to the standard fire pumper or as
specified in an approved Planned Unit Development.
8-11§torn Drainage and Flood Plains
Drain areas shall be left in a natural state unless approved by the
Planning Commission and no encroachment shall be made on the natural
channel. A plan to prevent water pollution shall be submitted and
adhered to wherever any modification of topography is required during
construction within 100 feet of any stream, irrigation ditch or drainage
channel.
Complete drainage systems for the entire subdivision area shall be
designed by a professional engineer, licensed in the State of Colorado
and qualified to perform such work and shall be shown graphically. All
existing drainage features which are to be incorporated in the design
shall be so identified. If the Final Plat is to be presented in
sections, a general drainage plan for the entire area shall be presented
with the first section and appropriate development stages for the
drainage system for each section shall be indicated.
Where a subdivision is traversed by a water course, drainage way or
stream,there shall be provided a perpetual drainage easement conforming
substantially with the lines of such watercourse, and of such width as
necessary and adequate to carry off the predictable volume of storm
water drainage from a twenty-five (25) year frequency storm as
determined by the standard method for calculations used by the Corps of
Engineers.
B. Design of Drainage Systems
The drainage system shall be designed to consider the drainage
basin as a whole and shall accommodate not only runoff from the
subdivision area but also, where applicable, the system shall be
designed to accommodate the runoff from those areas adjacent to and
upstream from the subdivision itself, as well as its effects on
lands downstream.
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The following requirements will be needed to complete the street
and drainage analysis.
(1) A general location map for the subdivision showing the entire
watershed. U.S.G.S.quadrangle map or an aerial photograph is
adequate.
(a) Outline the subdivision accurately on this map.
(b) Outline the area or areas draining into the subdivision
on this map and show areas in acres in a corner of the
map.
(2) A topography (contour) map of the subdivision showing lots,
blocks, streets and any unusual features of filled areas.
(3) A preliminary layout map showing the method of moving storm
sewer water through the subdivision will be needed. This map
should also show runoff concentrations in acres of drainage
area on each street entering each intersection. (This may be
combined with the topographic map). Flow arrow should clearly
show the complete runoff flow pattern at each intersection.
(4) Demonstrate the adequacy of drainage outlet by plan, cross-
section and/or notes and explain plan for handling diverted
storm water after it leaves the subdivision.
(5) Submit detail of ditch and culvert as applicable.
(6) Calculate projected quantity of storm water entering the
subdivision naturally from area outside of subdivision.
(7) Quantities of flow at each pickup point.
(8) Location, size and grades of required culverts, drain inlets
and storm drainage sewers.
(9) When no-joint pipe is installed, it shall be installed in
accordance with ASTM Designation C477-61T.
(10) The rainfall frequency rate used in determining the flow of
storm water shall be based on the following:
The current hydrology computations method as used by U.S.D.A.
Soil Conservation Service offices, or the generally accepted
Rational Formula and tabulation as used to calculate the
individual drainage areas, time of flow, and ultimate
quantities at each collection point. (Q—AIC; where
Q—quantity of runoff, A—area of drainage in square feet,
I—intensity/time ratio in inches per minute, and C—runoff
coefficient).
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(a) A ten (10) year frequency storm may be carried in the
paved portion of the street, that is, from the back of
sidewalk to the back of sidewalk.
(b) A fifty (50) year frequency storm may be carried within
the natural watercourse and the dedicated right-of-way.
(c) In the event a quantity of water in excess of these
limits is calculated to exist, a storm system will be
provided either in the form of an underground system or
a formal drainage way to prevent excessive ponding.
(d) In general, culvert sizes shall be sufficient to
accommodate the flow computed with no head at the inlet
and no less than the equivalent of an eighteen (18) inch
diameter pipe. The velocity of flow in an unlined ditch
shall be compatible with the soil erosion characteristics
or the treatment to be afforded the ditch.
(e) The quantity and velocity of flow in streets shall be
computed from acceptable flow charts or by the usual
methods used in computing flows in open channels.
(f) Whenever a subdivision is traversed by a drainage way
which is approved by the County Engineer for surface
drainage, provisions shall be made for the dedication to
the public adequate rights-of-way for access and
maintenance.
C. Aquifers
Any use of land which would pollute or contaminate an aquifer is
prohibited. This includes but is not limited to sanitary
landfills, septic tank and on-lot sewage disposal systems.
The following regulations apply to development over aquifers that
are within twenty (20) feet of the land surface and in areas of
aquifer recharge:
(1) Construction of buildings shall not be permitted unless
approval by the State Health Department and the Colorado
Geological Survey.
(2) Building construction, if permitted, shall have foundations
designed by a professional engineer.
D. Flood Plain'
The following regulations apply to development in designated flood
plains:
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(1) Construction of buildings shall not be permitted in a
designated floodway with a return frequency more often than a
one-hundred (100) year flood, based on a six hour continuous
storm.
(2). Any use of land is prohibited where flooding would create a
public health problem. This includes shallow wells, uncased
deep wells, sanitary land fills, septic tank and on-lot sewage
disposal systems, water treatment plants, and also sewage
disposal-systems not completely protected from inundation.
(3) Trailer parks, mobile homes and similar uses shall not be
permitted in any designated floodway.
(4) Any contemplated flood plain encroachment or channelling shall
be thoroughly analyzed and its effect on stream flow
determined before it is undertaken. Any construction,
dumping, and filling operations in a designated floodway
constitutes an encroachment.
(5) Floodlands. No lot one (1) acre or less in area shall include
floodlands. All lots more than one (1) acre shall contain not
less than forty thousand(40,000) square feet of land which is
at an elevation of the one hundred (100) year recurrence
interval flood or, where such data is not available, five (5)
feet above the elevation of the maximum flood of record.
(6) All subdivision proposals shall be consistent with the need to
minimize flood damage.
(7) All subdivisions proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(8) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage.
(9) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at
least 50 lots or 5 acres (whichever is less).
8-12 Irrigation Ditches
Existing irrigation ditches shall be incorporated within the subdivision
plan in a manner such that their function is not impaired. The ditches
shall be protected from encroachment and may be fenced in a manner
acceptable to the ditch company.
8-13 Abandoned Mines
Building construction that occurs in areas of abandoned mines shall be
approved by a professional engineer.
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8-14$ubdividing or Planning All of Parcel
Where an entire parcel is not subdivided, the subdivider must indicate
his intended plans for disposition of the remainder of the parcel.
8-15 Public Sites and Open Spaces
A. The Planning Commission and the Board, upon consideration of
vehicular traffic and facilities and the particular type of
development proposed in the subdivision, may require the
dedication, development, and/or reservation of areas or sites of a
character, extent and location suitable for public use for parks,
greenbelts, or other necessary public purposes, other than
subdivision streets and utility easements designated in accordance
with one of the following alternatives or as specified in the PUD
plan:
(1) The required acreage as may be determined according to
Section 8-15 B. of the subdivision regulations shall be
dedicated to a public agency for one or more essential public
purposes. Any area so dedicated shall be approved by the
proper public agency and shall be maintained by the public
agency.
(2) The required acreage as determined according to Section 8-15
B. of the subdivision regulations maybe reserved through deed
restrictions as open area, the maintenance of which shall be
ensured by specific obligations in the deed of each lot within
the subdivision.
(3) In lieu of land there may be required a payment to the County
in an amount equal to the market value at the time of Final
Plat submission of the required acreage as determined
according to Section 8-15 B. Such value shall be determined
by a competent land appraiser chosen jointly by the Board and
the subdivider. The case collected shall be deposited in an
escrow account to be expended for parks at a later date.
B. Required Acreage
The amount of land that may be required for public dedication,
reservation, or as a measure of money to be paid in lieu of such
dedication or reservation, shall be determined as follows:
(1) For residential subdivisions:
Required Acreage—expected population x 10.5
1000
Expected population will be determined by the Planner as
follows:
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Expected population shall be determined by multiplying
the total number of units proposed for the subdivision by
the average number of inhabitants per unit in existing
subdivisions of a similar character.
(2) For commercial or industrial subdivisions or portions of
subdivisions:
Required Acreage - Not less than five percent (5%) nor more
than twelve percent (12X) of the acreage of the commercial or
industrial portion of the subdivision.
8-16 Underground Utilities
A. All electric and communication utility lines and services, and all
street lighting circuits shall be installed underground,except for
the following:
(1) Transformers,switching boxes,terminal boxes,meter cabinets, ,
pedestals, ducts and other facilities necessarily appurtenant
to such underground and street lighting facilities;
(2) All facilities reasonably necessary to connect underground
. facilities to existing or permitted overhead or aboveground
facilities;
(3) Overhead electric transmission and distribution feeder lines
and overhead communication long distance, trunk and feeder
lines, existing or new;
(4) It shall not be necessary to remove or replace existing
utility facilities used or useful in serving the subdivision.
Deviations from the requirements, other than those listed above,
shall be permitted only with the written recommendation of the
Planning Commission and the Board who shall make such
recommendation only in cases of extreme difficulty.
56
SECTION 9 RULES AND REGULATIONS FOR EXEMPTIONS
9-1 R••�,M,rtnn frn"nwftntrtnn of •Subdivision or Subdivided Land"
A. 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 as amended. Pursuant to
subsection (10)(d) of 30-28-101 of CRS 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" and "Subdivision
Exemptions".
B. The Board of County Commissioners delegates the authority and
responsibility of considering and approving Recorded Exemptions
with an administrative review process to the Department of Planning
Services. The Department of Planning Services shall approve the
request for Recorded Exemptions unless it finds that the applicant
has not met one or more of the Standards of Section 9-2 E. (1) (a)
through (m). If the Department of Planning Services determines
that the applicant has not met the Standards of Section 9-2
E.(1)(a) through (m), the request will be scheduled before the
Board of County Commissioners in a public hearing. The Board will
consider the application and take final action on the Recorded
Exemption request.
9-2 Recorded Exemptions
A. Intent
The intent in establishing the Recorded Exemption Procedure is to
provide, in accordance with the Weld County Comprehensive Plan and
intent of the zone district in which the request is made, a means
whereby a lot may be divided into two (2) separate lots. Such
divisions 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 by a Recorded Exemption shall not
be redivided by a new Recorded Exemption for a period less
than five (5) years commencing from the date of approval of
the Recorded Exemption which created or amended such lot.
(2) An applicant's total contiguous land ownership shall be the
subject of the Recorded Exemption request except as follows:
57
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) Existing or future 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 Recorded Exemption shall be considered complete until the
plat, required pursuant to Section 9-2 C. (4), has been
submitted to the Weld County Clerk and Recorder in accordance
with Section 9-2 D. (6).
(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.
C. ,Submission Reauirements
(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 Recorded Exemption, 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 two (2) proposed parcels.
(f) Signatures of the applicant and fee owner(s) or their
authorized legal agent.
(g) Proposed water and sewage disposal methods (attach
letters or permits when applicable).
(h) A certificate of all land transfers concerning the entire
tract on the form prescribed and provided by the
Department of Planning Services.
58
(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 hg
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 Ihg
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 complete and accurate legal
description of the property.
(i) Such additional information as may be required by the
Department of Planning Services or the Board of County
Commissioners in order to determine that the application
meets the standards and policies 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 (8 1/2) inches
by eleven (11) inches or eight and one-half (8 1/2) 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
59
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; 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 Recorded Exemption is approved, 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-
2 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 delineated in non-fading permanent
black ink on a dimensionally stable polyester sheet such
as cronar or mylar or other product of equal quality,
three mils or greater in thickness. The size of each
sheet shall be either eighteen inches (18") in height by
twenty-four inches (24") in width or twenty-four inches
(24") in height by thirty-six inches (36") in width. No
mixing of sheet sizes is allowed. No plat submitted
shall contain any form of stick-on-type material such as,
but not limited to"sticky-back", adhesive film, or kroy
lettering tape. The drawing shall be at a scale
sufficient to show all necessary detail.
1. A photo mylar copy or diazo sensitized mylar copy
of the original ink drawing may be submitted. The
material shall be at least 3 mils or greater in
thickness.
2. The plat submitted will contain the original
signatures and seals of all parties required to
sign the plat. If a photo mylar copy or diazo
sensitized mylar copy is submitted the original
signatures and seals shall be contained thereon.
(c) The plat shall be titled, "Recorded Exemption 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 9-2 B (2) of this Section).
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(e) The plat shall include a complete and accurate legal
description of the parcel of land and its acreage. The
plat need na show the bearings, lengths, and curve data
for any parcel in excess of 35 acres which is created
through a Recorded Exemption procedure provided the
parcel can be described without completing a boundary
survey. Any parcel to be created through a Recorded
Exemption procedure which is less than 35 acres in size
shall show the bearings, lengths, and curve data of the
lot lines. If both lots to be created through a Recorded
Exemption procedure are less than 35 acres, then the
bearings, lengths, and curve data shall be shown around
the perimeter of both lots. A boundary survey shall be
required for any irregularly shaped parcel which does not
have a natural boundary and which cannot be accurately
described without doing the survey. The plat shall
comply with the minimum standards for land surveys and
plats in Title 38,Article 51,Colorado Revised Statutes.
(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 into two lots. Lot 'A' shall
be accurately surveyed and the drawing shall include
bearings, distances and curve data for all lines of Lot
'A', which shall be referenced to two (2) public land
survey monuments of record. Approximate dimensions for
the boundary of Lot 'B', which need not be surveyed,
shall be shown. Refer to Section 9-2 C. (4) (e). The
lots shall be designated "Lot A" (being the smaller
parcel) and "Lot B" (being the larger parcel). The
acreage for Lot A shall be given while the remaining
approximate acreage of Lot B shall be given. Existing
public rights-of-way which provide access to the tract
shall be shown.
1. All work shall comply with the requirements of
C.R.S. 38-50-101, 38-51-101, 38-51-102, 38-53-103,
and 38-53-104.
2. All work shall comply with the requirements of the
"Bylaws And Rules Of Procedure Of The State Board
of Registration For Professional Engineers And
Professional Land Surveyors" and the "Rules of
Professional Conduct Of The State Board Of
Registration For Professional Engineers and
Professional Land Surveyors - Board Policy
Statements."
61
3. A signed copy of all Colorado Land Survey Monument
Records for indicated"Aliquot Corners" (C.R.S. 38-
53-102 (2)) will be submitted with the Recorded
Exemption Plat. If any"Aliquot corner" indicated
on the plat is substantially as described in an
existing monument record previously filed, and in
the appropriate records of the Clerk and
Recorder's, a copy of that monument record and a
letter of certification stating that it is as
described on the Colorado Land Survey Monument
Record shall be submitted.
(h) The plat shall bear the following certifications:
1. Property owner's certificate example.
I (We), the undersigned, being the sole owners in
fee of the above described property do hereby
subdivide the same as shown on the attached map. I
(We) understand this property is located in Ihft
( fill in the correct zone district ) zone
district and is also intended to provide areas for
the conduct of other uses by right, accessory uses,
and uses by special review.
(Signature) (Signature)
The foregoing certification was acknowledged before
me this day of A.D., 12
My Commission Expires:
Notary Public
Witness my Hand and Seal
2. Surveyor's Certificate example.
I , a Registered
Professional Land Surveyor in the State of Colorado
do hereby certify that this Recorded Exemption plat
was prepared under my personal supervision, and
that this plat is an accurate representation
thereof. I further certify that the survey and
this plat complies with all applicable rules,
regulations, and laws of the State of Colorado,
State Board Of Registration For Professional
Engineers And Professional Land Surveyors, and Weld
County.
62
Registered Land Surveyor, Colorado
Registration#
Date
3. Board of County Commissioner's Certificate
example. This certificate is used only when the
Recorded Exemption is approved by the Board in a
public hearing.
This plat is accepted and approved for filing.
Chairman of the Board of County Commissioners
Attest:
County Clerk and Recorder
By
Dated
4. Department of Planning Services' administrative
review certificate example. This certificate is
used when the Recorded Exemption is approved by the
Department of Planning Services.
This plat is accepted and approved for filing.
Department of Planning Services Director
The foregoing certification was acknowledged before
me this day of , A.D., 19
My Commission expires:
Notary Public Witness my hand b seal
5. Easement Certificate example. This certificate shall be
used when any easement crosses any of the proposed lots
of the Recorded Exemption. The plat shall also identify
the benefitted lot and purpose of the easement.
63
I (we) do hereby dedicate, for the benefit of the
property(ies) shown or described hereon, easements for
the purposes shown or described hereon.
(Signature) (Signature)
D. Duties of the Department of Planning Services
(1) The Weld County Department of Planning Services shall be
responsible for processing and approving all applications for
Recorded Exemptions as delegated by the Board of County
Commissioners. 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 only if the Department of Planning
Services has determined that the applicant has not met the
standards of Section 9-2 E. (1)(a) through (m).
(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 County. The
reviews and comments solicited by Weld County are intended to
provide the County with information about the proposed
Recorded Exemption. The County 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 for a Recorded
Exemption Permit rests with the County.
(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.
64
(f) Any irrigation ditch company with facilities on or
adjacent to the parcel under consideration.
(g) Any other agencies or individuals whose review the
Department of Planning Services, or the Board of County
Commissioners deem necessary.
(4) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of Section 9-2 E. (1)
(a) through(m), a hearing shall be scheduled before the Board
of County Commissioners. The staff shall prepare a
recommendation 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 9-2 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 9-2 C. (4) above.
E. Duties of the Board of County Commissioners
(1) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of 9-2 E. (1) (a)
through (m), 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 Recorded
Exemption, the Board shall consider the recommendation of the
Department of Planning Services, 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 Recorded Exemption 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
65
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 Regulation' 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 lots 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 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.
(1) That the use of the Recorded Exemption(described in this
Section 9)does not evade the requirements and Statement
of Purposes (Section 1-3) of the Weld County Subdivision
Regulations.
(m) That there is adequate provision for the protection of
the health, safety and welfare of the inhabitants of the
neighborhood and the County.
(2) 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-
2 C. (4)et seq.when it finds the plat in conformance with an
66
approved Recorded Exemption.
(3) Correction to a Recorded Exemption. The Department of
Planning Services or 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 Recorded Exemption 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 Recorded Exemption which is not
a "Correction" as defined in 9-2 E. (3) above shall follow the
procedures of this Section 9-2.
9-3 SUBDIVISION EXEMPTION
A. Intent
(1) The Subdivision Exemption is intended for the division of a
parcel or interest in a parcel which does not result in the
creation of a new residential or permanent building sip., for
adjustment of property lines between two contiguous parcels,
creation of lots for the purpose of financing, and for the
temporary use of a parcel for public utility facilities.
(2) The Board of County Commissioners delegates the authority and
responsibility of considering and approving Subdivision
Exemptions with an administrative review process to the
Department of Planning Services. The Department of Planning
Services shall approve the request for Subdivision Exemption
unless it finds that the applicant has not met one or more of
the standards of Section 9-3 E. (1) (a) through (d). If the
Department of Planning Services determines that the applicant
has not met the standards of Section 9-3 E. (1) (a) through
(d), the request will be scheduled before the Board of County
Commissioners in a public hearing. The Board will consider
the application and take final action on the Subdivision
Exemption request.
B. General
(1) A Subdivision Exemption shall only be applicable when at least
one parcel involved in any boundary exchange or in a temporary
use location is less than 35 acres.
(2) When used in conjunction with a Recorded Exemption whose
request is to remove existing residential improvements from a
parcel, the Subdivision Exemption may be utilized to request
separation of additional existing residential improvements
67
from either of the two proposed Recorded Exemption parcels. A
minimum of two existing residential improvements are required
before an existing residential improvement can be removed from
a parcel.
(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 scanner 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.
(4) Lots created for the purpose of financing shall not result in
the creation of a lot to be sold separately. Upon termination
of the financing arrangements, the lot shall cease to exist.
The lot shall not be less than one acre in size.
C. Submission Requirements
(1) The applicant shall submit the following on the form provided
by the Department of Planning Services:
•
(a) Name, address and telephone number of the fee owner(s)of
the property involved.
(b) General legal description of the total property involved.
(c) Total acreage of the total property involved.
(d) Existing land use of the total property involved.
(e) Existing land use of the adjacent properties.
(f) Signatures of the fee owner(s)or their authorized agent.
(2) The applicant shall submit the following written and
supporting information:
(a) A detailed description of the request and its purpose and
benefits.
(b) Where an authorized legal agent signs the application for
the fee owner(s), a letter granting power of attorney to
the agent from the property owner(s)must be provided.
(c) Copy of a deed or other appropriate legal instrument by
which the applicant(s) obtained interest in the property
under consideration.
(d) Complete and accurate legal descriptions of the parcel(s)
68
being created or exchanged, and new parcels which will
result upon approval of the request.
(3) The applicant shall submit the following map information. The
size of map shall be either eight and one-half(8 1/2) inches
by eleven(11) inches or eight and one-half (8 1/2) inches by
fourteen (14) inches.
(a) Plot plan of the property or properties involved
indicating graphically what the situation is.
(4) If any such Subdivision Exemption is approved, 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.
(a) The plat shall be prepared by a registered land
surveyor in the State of Colorado.
(b) The plat shall be delineated in non-fading
permanent black ink on a dimensionally stable
polyester sheet such as cronar or mylar or other
product of equal quality, three mils or greater in
thickness. The size of each sheet shall be either
eighteen inches (18") in height by twenty-four
inches (24") in width or twenty-four inches (24")
in height by thirty-six inches (36") in width. No
mixing of sheet sizes is allowed. No plat
submitted shall contain any form of stick-on-type
material such as,but not limited to"sticky-back",
adhesive film, or kroy lettering tape. The drawing
shall be at a scale sufficient to show all.
necessary detail.
1. A photo mylar copy or diazo sensitized mylar
copy of the original ink drawing may be
submitted. The material shall be at least 3
mils or greater in thickness.
2. The plat submitted will contain the original
signatures and seals of all parties required
to sign the plat. If a photo mylar copy or
diazo sensitized Eyler copy is submitted the
original signatures and seals shall be
contained thereon.
(c) The plat shall be titled, "Subdivision Exemption No.
" (The appropriate number to be filled in by the
Planning Department.)
(d) The plat shall include a complete and accurate legal
description of the parcel(s)being created or exchanged,
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and new parcels which will result.
1. All work shall comply with the requirements of
C.R.S. 38-50-101, 38-51-101, 38-51-102, and 38-53-
103, and 38-53-104.
2. All work shall comply with the requirements of the
"Bylaws And Rules Of Procedure Of The State Board
of Registration For Professional Engineers And
Professional Land Surveyors" and the "Rules of
Professional Conduct Of The State Board Of
Registration For Professional Engineers And
Professional Land Surveyors - Board Policy
Statements".
3. A signed copy of all Colorado Land Survey Monument Records for
indicated "Aliquot Corners" (C.R.S. 38-53-102 (2)) will be
submitted with the Subdivision Exemption Plat. If any
"Aliquot Corner" indicated on the plat is substantially as
described in an existing monument record previously filed, and
in the appropriate records of the Clerk and Recorder's, a copy
of that monument record and a letter of certification stating
that it is as described on the Colorado Land Survey Monument
Record shall be submitted.
(e) The plat shall bear the following certifications:
1. I (we) being the sole owner(s) in fee of the
above described property do hereby request a Subdivision
Exemption on the land as shown hereon.
(Signature)
The foregoing certification was acknowledged before me this
day of , A.D., 19
My commission expires:
Notary Public Witness my Hand and Seal
2. REGISTERED LAND SURVEYOR'S CERTIFICATE EXAMPLE.
Surveyor's Certificate
I , a Registered
Professional Land Surveyor in the State of Colorado do hereby
certify that this Subdivision Exemption plat was prepared
70
under my personal supervision, and that this plat is an
accurate representation thereof. I further certify that the
survey and this plat complies with all applicable rules,
regulations, and laws of the State of Colorado, State Board Of
Registration For Professional Engineers And Professional Land
Surveyors, and Weld County.
Registered Land Surveyor, Colo. Reg. #
3. BOARD OF COUNTY COMMISSIONER'S CERTIFICATE EXAMPLE. This
certificate is used only when the Subdivision Exemption is
approved by the Board of County Commissioners in a public
hearing.
This plat is accepted and approved for filing.
Chairman of the Board of County Commissioners
Attest:
By
Dated
4. DEPARTMENT OF PLANNING SERVICES' ADMINISTRATIVE REVIEW
CERTIFICATE EXAMPLE. This certificate is used only when the
Subdivision Exemption is approved by the Department of
Planning Services.
This plat is accepted and approved for filing.
Department of Planning Services' Director
The foregoing certification was acknowledged before me this
day of , A.D., 19
My Commission expires:
Notary Public Witness my hand and seal
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D. Duties of the Department of Planning Services
(1) The Department shall have the responsibility for processing
and approving all applications for Subdivision Exemptions as
delegated by the Board of County Commissioners. 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 only if the Department of Planning
Services determines that the applicant has not met the
standards of Section 9-3 E. (1) (a) through (d).
(3) Refer the application to any agencies or individuals whose
review the Department of Planning Services or the Board of
County Commissioners deems necessary.
(4) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of Section 9-3 E. (1)
(a) through(d), a hearing shall be scheduled before the Board
of County Commissioners. The staff shall prepare a
recommendation for use by the Board addressing all aspects of
the application, its conformance with the Weld County
Comprehensive Plan, 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 9-3.
(5) Submit to the Board for review any plat required under 9-3 C.
(4) of this Section which does not comply with the approved
subdivision exemption.
(6) Submit to the Weld County Clerk and Recorder for recording
plats of approved actions required in Section 9-3 C. (4).
E. Duties of the Board of County Commissioner
(1) When, in the opinion of the Department of Planning Services,
an applicant has not met the standards of 9-3 E. (1) (a)
through (d), 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 proposal, the
Board shall consider the recommendation of the Department of
Planning Services, 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
unless it finds that the applicant has not met one or more of
the standards or conditions of this Section 9-3 E. The
applicant has the burden of proof to show that the standards
and conditions of this Section 9-3 E. are met. The applicant
shall demonstrate:
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and conditions of this Section 9-3 E. are met. The applicant
shall demonstrate:
(a) That the proposal is consistent with the policies of the
Weld County Comprehensive Plan.
(b) That the boundary change or temporary use location which
would be allowed on the subject property by granting the
request will be compatible with the surrounding land
uses.
(c) In those instances when used pursuant to Section 9-3 B.
(2)above, the request is the best alternative to dispose
of existing improvements in conjunction with the
companion Recorded Exemption.
(d) A lot being created for the purpose of financing will not
result in the creation of a lot to be sold, shall be at
least one acre in size, and will no longer exist upon
termination of the financing arrangements.
(2) 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 and the Board shall arrange
for the Office of the Weld County Clerk and Recorder to record
the resolution.
(3) Correction to a Subdivision Exemption. The Department of
Planning Services or 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 Subdivision Exemption 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 exemption.
F. Amendments
Any change to a previously approved Subdivision Exemption which is
not a"correction" as defined in 9-3 E. (3) above shall follow the
procedures of this Section 9-3.
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SECTION 10 UTILITIES AND IMPROVEMENTS
10-1 General Reauirement
A. The following improvements shall be constructed at the expense of
the subdivider as stipulated in the Subdivision Improvement
Agreement in a manner approved by the Board which is consistent
with sound construction and local practice. There specific
requirements are spelled out in other sections of these
regulations, they shall apply:
(1) Road grading and surfacing;
(2) Curbs, if required;
(3) Sidewalks, if required;
(4) Sanitary sewer laterals where required;
(5) Storm sewers or storm drainage system as required;
(6) slater distribution system, where applicable;
,(7) Street signs at all street intersections;
(8) Permanent reference monuments and monument boxes;
(9) Street lighting, if required;
(10) Landscaping, where required;
(11) Underground electric and communication utility lines and
services, and all street lighting circuits, as required;
(12) Other facilities as may be specified or required in these
regulations by the Planning Commission.
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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.
11-2 9ff Site Improvements
A. The subdivider, applicant, or owner shall install off-site road
improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road
facilities providing access to the subdivision are not adequate in
structural capacity,width,or functional classification to support
the traffic requirements of the uses of the subdivision.
(1) The subdivider, applicant, or owner shall enter into an
off-site improvements agreement prior to recording the
final plat when the subdivider, applicant, or owner
expects to receive reimbursement for part of the cost of
the off-site improvements.
(2) The off-site improvements agreement shall contain the
following:
(a) The legal description of the property to be
served.
(b) The name of the owner(s) of the property to be
served.
(c) A description of the off-site improvements to
be completed by the subdivider, applicant, or
owner.
(d) The total cost of the off-site improvements.
(e) The total vehicular trips to be generated at
build-out by the subdivision, or
resubdivision, as specified by the ITE Trip
Generation Manual, or by special study
approved by the Board of County Commissioners.
(f) A time period for completion of the off-site
improvements.
(g) The terms of reimbursement.
75
(h) The current address of the person to be
reimbursed during the term of the agreement.
(i) Any off-site improvements agreement shall be
made in conformance with the Weld County
policy on collateral for improvements.
(3) If the subdivider, applicant, or owner fails to comply
with the improvements agreement, he or she forfeits its
opportunity to obtain reimbursement under this section.
(4) When it is determined by the Board of County
Commissioners that vehicular traffic from a subdivision
or resubdivision will use a road improvement constructed
under an improvement agreement, the subsequent
subdivider, applicant, or owner shall reimburse the
original subdivider, applicant, or owner, for a portion
of the original construction cost. In no event shall the
original subdivider, applicant, or owner collect an
amount which exceeds the total costs of improvements less
the pro rata share of the total trip impacts generated by
the original development. Evidence that the original
subdivider, applicant, or owner has been reimbursed by
the subsequent subdivider, applicant or owner shall be
submitted to the Department of Planning Services prior to
recording the final subdivision or resubdivision plat.
(S) The amount of road improvement cost to be paid by the
subsequent subdivider, applicant, or owner of a
subdivision or resubdivision using the road improvements
constructed under a prior improvement agreement will be
based upon a pro rata share of the total trip impacts
associated with the number and type of dwelling units and
square footage and type of nonresidential developments
intended to use the road improvement. The amount of road
improvement cost shall also consider inflation as
measured by the changes in the Colorado Construction Cost
Index used by the Colorado Division of Highways. The
cost of road improvements may be paid by cash
contribution to the prior subdivider, applicant or owner
or by further road improvements which benefit the prior
subdivider, applicant, or owner's property. This
decision shall be at the sole discretion of the Board of
County Commissioners based upon the need for further off-
site road improvements.
(6) The report entitled TRIP GENERATION (Third Edition.
1982)of the institute of Transportation Engineers shall
normally be used for calculating a reasonable pro rata
share of the road improvement construction costs for all
subdivisions or resubdivisions. A special transporta-
tion study shall be used for land uses not listed in the
76
ITE Trip Generation Manual. Any question about the
number of trips a subdivision or resubdivision will
generate shall be decided by the County Engineer.
(7) The term for which the subdivider,applicant,or owner is
entitled to reimbursement under the off•site improvements
agreement, entered into between the subdivider and the
county, is ten years from the date of execution of a
contract for road improvements.
B. This provision is not intended to create any cause of action
against Weld County or its officers or employees by any subdivider,
applicant, or owner for reimbursement,and in no way is Weld County
to be considered a guarantor of the monies to be reimbursed by the
subsequent subdividers, applicants, or owners.
77
SECTION 12 VARIANCES
12-1 Hardship_
Should the subdivider clearly demonstrate that,because of peculiar
physical conditions pertaining to his land, the literal enforcement
of one or more of these regulations is impracticable or will exact
undue hardship, the Board may permit such variance or variances as
may be reasonable and within the general purpose and intent of the
rules, regulations and standards established by these regulations.
12-3 Sinor 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.
78
D. Platting Submission
The Minor Subdivision combines the normal Preliminary and Final
plat processes as described below:
(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
watercourses 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
6-2 B. of these regulations.
79
(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.
(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 5-2 G. and 5-2 H. 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(81) inches by
eleven (11) inches or eight and one-half (81.1) 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.).
80
(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
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 81"X 14"
or 24 inches by 36 inches. 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.
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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 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 Minor Subdivision. 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 Minor Subdivision,
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.
82
- Colorado State Engineer, Division of Water
Resources.
- Any irrigation ditch company with facilities
on or adjacent to the parcel under
consideration.
- 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 12-3 D.
(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.
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.
(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 12-3 D. (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
83
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).
(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 S-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
84
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.
I. Amendment'
Any change to a previously approved Minor Subdivision which is not
a "Correction" as defined in 12-3 H. above shall follow the
procedures of Section 6-4.
85
SECTION 13 VIOLATIONS AND PENALTIES
A. Any subdivider, or agent of a subdivider,who transfers or sells or
agrees to sell or offers to sell any subdivided land before a final
plat for such subdivided land has been approved by the Board of
County Commissioners and recorded or filed in the office of the
County Clerk and Recorder shall be guilty of a misdemeanor and
shall be subject to a fine not to exceed five hundred dollars for
each parcel or interest in subdivided land which is sold or offered
for sale. All fines collected under this paragraph (A) shall be
credited to the general fund of the county.
B. The Board of County Commissioners of the county in which the
subdivided land is located shall have the power to bring an action
to enjoin any subdivider from selling, agreeing to sell, or
offering to sell subdivided land before a final plat for such
subdivided land has been approved by the Board of County
Commissioners.
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;
(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.
86
SECTION 14 VALIDITY
If any section, subsection, paragraph, clause, phrase or provision of
these regulations shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of these regulations as a Whole
or any part or provision hereof, other than the part so adjudged to be
invalid or unconstitutional.
87
SECTION 15 FEES
15.1 Fees for all Subdivision applications provided for in the
Subdivision Regulations shall be established by resolution of
the Board of County Commissioners in conjunction with a
hearing process that will consist of a ten (1O) day public
notice prior to the Board of County Commissioners hearing.
Notice of said hearing is to be published once in the
newspaper designated by the Board of County Commissioners for
publication notices.
15.2 Review fees charged by a State agency for the review of any
subdivision applications shall be made payable, by check or
money order, to the State reviewing agency in the amount set
by State law. The fee shall be paid at the time the
application is submitted for consideration by the County.
Failure to pay said fee shall result in the subdivision
application being considered an incomplete application and
will not be assigned a case number or hearing date until the
fee is paid.
88
SECTION 16 VESTED PROPERTY RIGHTS
A. purpose. The purpose of this section is to provide the
procedures necessary to implement the provisions of Article 68
of title 24, C.R.S, as amended.
B. Definitions. As used in this section, unless the context
otherwise requires:
(1) Landowner: Any owner of a legal or equitable
interest in real property and includes the heirs,
successors, and assigns of such ownership
interests.
(2) Local government: Any county, city and county,
city, or town, whether statutory or home rule,
acting through its governing body or any board,
commission, or agency thereof having final approval
authority over a site specific development plan,
including without limitation any legally empowered
urban renewal authority.
(3) property: All real property subject to land use
regulation by a local government.
(4) §ite specific development plan. A subdivision
Final Plat, Resubdivision, or Minor Subdivision
application which has been submitted to Weld County
and receives final or conditional approval by the
Board of County Commissioners. Final or
conditional approval by the Board of County
Commissioners creates vested rights pursuant to
Article 68 of Title 24, C.R.S., as amended. No
other type of subdivision application shall be
considered a Site Specific Development Plan.
(5) Vested property right. The right to undertake and
complete the development and use of property under
the terms and conditions of a site specific
development plan.
C. Vested property right - duration - termination. A property
right which has been vested as provided for in this section
shall remain vested for a period of three years. This vesting
period shall not be extended by any amendments to a site
specific development plan unless expressly authorized by the
Board of County Commissioners.
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D. potice and hearing. No site specific development plan shall
be approved until after a public hearing, preceded by written
notice of such hearing. Such notice may, at the County's
option be combined with the notice required for the
Subdivision Final Plat or with any other required notice.
Interested persons shall have an opportunity to be heard at
the hearing.
E. Approval--effective date--amendments. A site specific
development plan shall be deemed approved upon the effective
date of the Board of County Commissioners' final or
conditional approval action. In the event amendments to a
site specific development are proposed and approved, the
effective date of such amendments, for proposes of duration of
a vested property right, shall be the date of the approval of
the original site specific development plan,unless the Board
specifically finds to the contrary and incorporates such
finding in its approval of the amendment.
(1) The Board of County Commissioners may approve a
site specific development plan upon such terms and
conditions as may reasonably be necessary to
protect the public health, safety, and welfare.
The conditional approval shall result in a vested
property right, although failure to abide by such
terms and conditions will result in a forfeiture of
vested property rights.
F. Development agreements. The Board of County Commissioners may
enter into development agreements with landowners providing
that property rights shall be vested for a period exceeding
three years where warranted in light of all relevant
circumstances, including, but not limited to, the size and
phasing of the development, economic cycles, and market
conditions. Such development agreements shall be adopted as
legislative acts subject to referendum as provided for in the
Weld County Home Rule Charter.
G. potice of approval. Each map, plat, or other document
constituting a site specific development plan shall contain
the following language: "Approval of this plan may create a
vested property right pursuant to article 68 of title 24
C.R.S., as amended." Failure to contain this statement shall
invalidate the creating of the vested property right. In
addition,a notice describing generally the type and intensity
of use approved, the specific parcel or parcels of property
affected and stating that a vested property right has been
created shall be published once, not more than 14 days after
approval of the site specific development plan, in the
newspaper designated by the Board of County Commissioners for
publication of notices.
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H. jayment of costs. In addition to any and all other fees and
charges imposed by these regulations, the applicant for
approval of a site specific development plan shall pay all of
the County's costs resulting from the site specific
development plan review, including publication of notices,
public hearing and review costs.
I. gther provisions unaffected. Approval of a site specific
development plan shall not constitute an exemption from or
waiver of any other provisions of these regulations pertaining
to the subdivision, development, or use of property. The
establishment of a vested property right shall not preclude
the application of ordinances or regulations which are general
in nature and are applicable to all property subject to land
use regulations by a local government including, but not
limited to, building, fire, plumbing, electrical, and
mechanical codes.
J. Limitations. Nothing in this section is intended to create
any vested property right, but only to implement the
provisions of article 68 of title 24, C.R.S., as amended. In
the event of the repeal of said article or a judicial
determination that said article is invalid or
unconstitutional,this section shall be deemed to be repealed,
and the provisions hereof no longer effective.
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