HomeMy WebLinkAbout921544.tiff Aft2314115
ORDINANCE NO. 173
WELD COUNTY SUBDIVISION ORDINANCE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is
vested with the authority of administering the affairs of Weld County, Colorado,
and
WHEREAS, the Board of County Commissioners has the power and authority,
under the Weld County Home Rule Charter and State statute, including Article 28
of Title 30, CRS, to adopt subdivision regulations for the unincorporated areas
of the County of Weld, State of Colorado, and
WHEREAS, the Board of County Commissioners hereby finds and determines that
there is a need for comprehensive revision of the subdivision regulations for the
County of Weld, and that this Ordinance is for the benefit of the health, safety,
and welfare of the people of Weld County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld
County, Colorado, that:
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SUBDIVISION ORDINANCE
TABLE OF CONTENTS
SECTION PAGE
1. TITLE, AUTHORITY, JURISDICTION AND PURPOSES 1
2. DEFINITIONS 4
3. SUBDIVISION AND MINOR SUBDIVISION PROCESS 12
4. MINOR SUBDIVISION 13
5. SKETCH PLAN 28
6. PRELIMINARY PLAN 31
7. FINAL PLAT 40
8. RESUBDIVISION 51
9. CONFORMANCE WITH EXISTING COUNTY LAND USE REGULATIONS 55
10. DESIGN STANDARDS 56
11. RULES AND REGULATIONS FOR EXEMPTIONS 70
12. UTILITIES AND IMPROVEMENTS 84
13. IMPROVEMENTS AGREEMENT 85
14. VARIANCES 87
15. VIOLATIONS AND PENALTIES 88
16. FEES 89
17. VESTED PROPERTY RIGHTS 90
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SUBDIVISION ORDINANCE
Weld County, Colorado
SECTION 1: TITLE, AUTHORITY, JURISDICTION, AND PURPOSES
1.1 Title and Short Title
1. 1.1 The title is an ordinance establishing rules, regulations and
standards governing the subdivision of land within Weld County,
setting forth the procedure to be followed by the Board, Planning
Commission, and the 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.
1. 1.2 The short title for this ordinance shall be known and may be cited
as the "Weld County Subdivision Ordinance".
1.2 Authority, Jurisdiction and Enforcement
1.2. 1 Weld County is enabled by law to regulate the subdivision of
unincorporated land within the county limits by virtue of Title 30,
Article 28 of the Colorado Revised Statutes.
1.2.2 Any person, partnership, or corporation intending to subdivide land
as defined in Section 2 of this Ordinance shall submit plans and
plats as required by and specified by this Ordinance to the
planner, the Planning Commission, and the Board for review and
approval.
1.2.3 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 this Ordinance, 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 this
Ordinance.
1.2.4 The planner 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.
1.2.5 It shall be unlawful to file a subdivision plat with the County
Clerk and Recorder unless a notation has been made on the plat by
the Board certifying it has approved the plat in accordance with
this Ordinance.
1.2.6 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 Planning Director, herein called the planner.
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1.2. 7 The planner shall have the authority and shall be required to
review all subdivision applications and shall advise prospective
subdividers, the Planning Commission, and the Board of County
Commissioners of all instances where the Subdivision Ordinance
appears to be violated or misinterpreted.
1.2.8 The Department of Planning Services' staff shall have the authority
and shall be required to make a written report on submitted
subdivision applications. The report should address adequacy of
streets, lot sizes, and other public improvements. The planner
shall comment upon those items that would improve the land use,
traffic circulation, utility services, and environmental conditions
for the future inhabitants of the subdivision. The staff's review
may include field inspection trips, an evaluation of the proposed
subdivision in relation to the Comprehensive Plan, Subdivision
Ordinance, Zoning Ordinance, and an evaluation of its impact on the
environment and all other pertinent data regarding the subdivision.
1.2.9 The Board shall have the authority to require changes in the
preliminary plan, final plat, and resubdivision plat which more
fully meet the purposes of the Subdivision Ordinance as set forth
in Section 1.3 of this Ordinance.
1.2.10 In reviewing subdivision plans, the planner, Planning Commission,
and Board shall not only insure that the intent and requirements of
this Ordinance 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 Purpose
1.3. 1 To assist orderly, efficient, and integrated development.
1.3.2 To promote the health, safety, and general welfare of the residents
of the County.
1.3.3 To ensure conformance of land subdivision plans with the public
improvement plans of the County and its various municipalities.
1.3.4 To ensure coordination with public municipal improvement plans and
programs.
1.3.5 To encourage well-planned subdivisions by establishing adequate
standards for design and improvement.
1.3.6 To improve land survey monuments and records by establishing
standards for surveys and plats.
1.3. 7 To safeguard the interests of the public, the homeowner, and the
subdivider.
1.3.8 To secure equitable handling of all subdivision plans by providing
uniform procedures and standards.
1.3.9 To prevent loss and injury from fire in wooded terrain.
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1.3. 10 To preserve natural vegetation and cover and promote the natural
beauty of the County.
1.3. 11 To prevent and control erosion, sedimentation, and other pollution
of surface and subsurface water.
1.3.12 To prevent flood damage to persons and properties and minimize
expenditure for flood relief and flood control projects.
1.3.13 To restrict or regulate building in flood hazard overlay district
areas, shorelands, areas covered by poor soils, or in areas poorly
suited for building or construction.
1.3.14 To prevent loss and injury from land slides, mud flows, and other
geologic hazards.
1.3. 15 To provide adequate space for future development of schools and
parks to serve the population.
1.3. 16 To assure the planning for and provisions of an adequate and safe
source of water and means of sewage disposal.
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SECTION 2: DEFINITIONS
2. 1 "A"
Access
The place, means, or way vehicles or pedestrians shall have safe,
adequate, and legal ingress and egress to a lot, trail, open space,
off-street parking space or use.
Applicant
The fee owner(s) of a parcel of land submitting an application for
development. The fee owner(s) may authorize an agent to sign an
application by providing a letter granting power of attorney to the
agent.
Aquifer
A water-bearing layer of sand, gravel, or porous rock.
2.2 "B"
Board
The Board of County Commissioners of Weld County.
2.3 "C"
Comprehensive Plan
The duly adopted Weld County Comprehensive Plan.
Cul-de-sac
A local street that terminates in a vehicular turnaround.
2.4 "D"
Design Standards
Standards that set forth specific subdivision improvement
requirements of the adopted Subdivision Ordinance.
Disposition
A contract for 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.
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2.5 "E"
Easement
A right to use 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.
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.
2.6 "F"
Final Plat
A map and supporting materials of certain described land prepared
in accordance with the subdivision ordinance as an instrument for
recording of real estate interests with the County Clerk and
Recorder.
Floodplain
Any land area susceptible to being inundated by water from any
source. An intermediate regional floodplain includes the land area
which is likely to be inundated by water of an intermediate
regional flood.
2. 7 "G"
2.8 "H"
2.9 "I"
Improvements Agreement
One or more security arrangements which may be accepted by the
Board of County Commissioners to secure the construction of off-
site public improvements or improvements within the proposed
subdivision development. Any such agreement or contract shall be
made in conformance with the Weld County Administrative Policy on
Collateral for Improvements.
2. 10 "J"
2. 11 "K"
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2. 12 "L"
Landowner
Any owner of a legal or equitable interest in real property and
includes the heirs, successors, and assigns of such ownership
interests.
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.
Lot
The basic development unit, an area with fixed boundaries, used or
intended to be used by one building and its accessory use(s) ,
structure(s) , and/or building(s) . A lot shall not be divided by
any public highway, street, or alley. A lot must meet the
requirements of the zoning district in which it is located and must
have access to a public street or an approved private street.
2.13 "M"
Minor Subdivision
A procedure for subdividing a tract of land being divided into no
more than six (6) total lots.
Mobile or Manufactured Home Park
An area under single ownership or control designed primarily for
the rental of portions of the area for spaces for occupied
manufactured or mobile homes. A mobile or manufactured home park
proposal shall be submitted and processed according to the
procedures and requirements of the Planned Unit Development
requirements as described in the Weld County Zoning Ordinance.
Mobile or Manufactured Home Subdivision
An area platted into lots according to the adopted County standards
and procedures and designed primarily for the sale of such lots to
individuals for permanent mobile or manufactured homes. A mobile
or manufactured home subdivision is a subdivision designed and
intended primarily for the sale of lots.
Municipality
An incorporated city or town.
2. 14 "N"
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2.15 "0"
Off-Street Parking Space
A parking space provided in a parking lot, parking structure, or
private driveway for a motor vehicle that is not located on a
dedicated street right-of-way.
On-Street Parking Space
A parking space for a motor vehicle that is located on a dedicated
street right-of-way.
2.16 "P"
Permanent Monument
Any structure permanently placed on or in the ground, including
those expressly placed for surveying reference.
Planner
The chief administrative official employed by the Board as the
Planning Director.
Property
All real property subject to land-use regulation by a local
government.
PUD (Planned Unit Development)
A zoning district which includes an area of land, controlled by one
or more landowners, to be developed under unified control or
unified plan of development for a number of dwelling units,
commercial, educational, recreational, or industrial uses, or any
combination of the foregoing, the plan for which may not correspond
in lot size, bulk, or type of use, density, lot coverage, open
space, or other restriction to the existing land-use regulations.
Planning Commission
The Weld County Planning Commission.
Preliminary Plan
The map or maps of a proposed subdivision and specified supporting
materials, drawn and submitted in accordance with requirements of
this Ordinance, to permit the evaluation of the proposal prior to
detailed engineering and design.
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Private Street
A right-of-way or easement in private ownership, not dedicated or
maintained as a public street which affords the principal means of
access to one or more lots and is not maintained by Weld County.
Public Water and Public Sewer
Transmission, storage, treatment, collection or distribution
facilities which are constructed, operated, or maintained by any
group, organization, special district or municipality for the
purpose of providing the members of the group, organization,
special district, or municipality with common water or sewer
service facilities.
2. 17 "Q"
2.18 "R"
Resubdivision
A subdivision process used to propose a change in a map of an
approved or recorded subdivision plat or any change in a map or
plan filed prior to adoption of this Ordinance controlling
subdivisions. If the change affects any lot line, any street
layout on the map, or any area reserved for public use such as
utility or drainage easements, the resubdivision requirements shall
be followed.
Right-of-Way
That portion of land dedicated to public use for street and/or
utility purposes.
Roadway
That portion of the street right-of-way designed for vehicular
traffic.
2.19 "S"
Site 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. No other type of
subdivision application shall be considered a Site Specific
Development Plan.
Sketch Plan
The map or maps of a proposed subdivision and specified supporting
materials drawn and submitted in accordance with the sketch plan of
this Ordinance.
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Street
A public or private right-of-way or easement providing vehicular
and pedestrian access to a lot, block, or parcel according to
design standards and the classification table listed below.
County Road System
The chart listed below establishes minimum standards for new or rebuilt County roads. These standards shall be
considered minimum unless more stringent standards are established by the Board of Commissioners or the Subdivision
Ordinance.
Classification Average Daily Pavement Number Lane Width Shoulder Right Additional
Traffic Counts Type of Width of Requirements
Lanes Way
Local 0 - 60 Gravel 2 10' 3' 60'
Local 61 - 200 Gravel 2 11' 4' 60' Potential Dust
Abatement Program
Collector 201 - 650 Paved 2 12' 4' 80'
Arterial 651 - 1,250 Paved 2 12' 4' 100'
Arterial Over 1,250 Determined on an individual project basis.
Weld County generally follows the published policies and standards set forth in the Colorado Division of Highways
Roadway Design Manual and the American Association of State Highway and Transportation Official's published
policies on Geometric Design of Rural and Urban Highways for new construction.
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.
"Subdivision" or "Subdivided Land"
Any parcel of land in the state which is to be used for
condominiums, apartments, or any other multiple-dwelling units,
unless such land when previously subdivided was accompanied by a
filing which complied with these provisions and with substantially
the same density, or which is divided into two or more parcels,
separate interests, or interests in common, unless exempted under
the preceding paragraphs. "Interests" shall include any and all
interests in the surface of land but exclude any and all subsurface
interests.
The terms "subdivision" and "subdivided land" shall not apply to
any division of land which create parcels of land each of which
comprise thirty-five or more acres of land and none of which is
intended for use by multiple owners.
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Unless the method of disposition is adopted for the purpose of
evading these regulations, the terms "subdivision" and "subdivided
land", as defined in this Section 2.19, shall not apply to any
division of land:
(I) Which creates parcels of land, such that the land area of
each of the parcels, when divided by the number of
interests in any such parcel, results in thirty-five or
more acres per interest;
(II) 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 the county in which the property is situated is given
timely notice of any such pending action by the court and
given opportunity to join as a party in interest in such
proceeding for the purpose of raising the issue of
evasion prior to entry of the court order; and, if the
board does not file an appropriate pleading within twenty
days after receipt of such notice by the court, then such
action may proceed before the court;
(III) Which is created by a lien, mortgage, deed of trust, or
any other security instruments;
(IV) 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;
(V) Which creates cemetery lots;
(VI) Which creates an interest in oil, gas, minerals, or water
which is severed from the surface ownership of real
property;
(VII) Which is created by the acquisition of an interest in
land in the name of a husband and wife or other persons
in joint tenancy or as tenants in common, and any such
interest shall be deemed as only one interest;
(VIII) 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-way shall
not be considered interests;
(IX) Which is created by a contract concerning the sale of
land which is contingent upon the purchaser's obtaining
approval to subdivide, pursuant to this article and any
applicable county regulations, the land which he is to
acquire pursuant to the contract; and
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(X) Created by agreement to resolve uncertainty, doubt, or
conflict regarding a common boundary. A boundary may be
determined and permanently established by written
agreement of all parties affected. The agreement must be
signed and acknowledged by each property owner as
required for conveyance of real estate. The agreement
must be accompanied by a plat showing the resolution of
the boundary in question. The plat and agreement shall
be recorded as an instrument affecting real estate, and
shall be binding upon heirs, successors, and assigns.
The Board may, pursuant to rules and regulations or Ordinance,
exempt from this definition of the terms "subdivision" and
"subdivided land" any division of land if it determines that such
division is not within the purposes of this definition.
2.20 "T"
2.21 "U"
2.22 "V"
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.
2.23 "W"
2.24 "X"
2.25 "Y"
2.26 "Z"
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SECTION 3: SUBDIVISION AND MINOR SUBDIVISION PROCESS
3. 1 A subdivision is subject to a three-step review and approval
process. The sketch plan submittal is the first step. Copies of
the sketch plan submittal are sent to referral agencies for review
and comment. A public meeting may be scheduled by a municipality
if it is within three (3) miles of the subdivision site. There are
no public hearings scheduled by the planner for this step. The
sketch plan process includes an administrative review by the
planner. After a complete application is received, the sketch plan
review should be completed within forty-five (45) days. The
planner should be consulted for the correct application fee. The
sketch plan is explained in Section 5 of this Ordinance.
3.2 The preliminary plan submittal is the second step. Copies of the
preliminary plan submittal are sent to referral agencies for review
and comment. A public meeting may be scheduled by a municipality
if it is within three (3) miles of the subdivision site. The
planner schedules separate public meetings before the Utility
Coordinating Advisory Committee and Planning Commission. The Clerk
to the Board schedules a public meeting before the Board of County
Commissioners. After a complete application is received, the
preliminary plan review should be completed within sixty (60) days.
The planner should be consulted for the correct application fee.
The preliminary plan is explained in Section 6 of this Ordinance.
3.3 A final plat submittal is the third step. The Clerk to the Board
schedules a meeting before the Board of County Commissioners. The
final plat review process should be completed within thirty (30)
days, provided it complies with the approved preliminary plan. The
planner should be consulted for the correct application fee. The
final plat is explained in Section 7 of this Ordinance.
3.4 A minor subdivision is subject to a two-step review and approval
process. The sketch plan submittal is the first step and is
described in Section 4 of this Ordinance. After a complete
application is received, the sketch plan should be completed within
forty-five (45) days. The final plat submittal is the second step
and is described in Section 4 of this Ordinance. The final plat
review process should be completed within sixty (60) days. The
planner should be consulted for the correct application fees. The
minor subdivision process is explained in Section 4 of this
Ordinance.
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SECTION 4: MINOR SUBDIVISIONS
4. 1 The minor subdivision procedure is a process for development and
review of subdivisions proposing a maximum of six (6) lots. The
minor subdivision process utilizes the minor subdivision sketch
plan application requirements and minor subdivision final plat
requirements of this Section.
4. 1. 1 The minor subdivision process shall not be used to further
subdivide lots previously approved as a minor subdivision. The
minor subdivision process shall not be used to resubdivide or
change any 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 the adoption of this Ordinance
controlling subdivisions. The resubdivision requirements shall be
followed when proposing other changes to a recorded minor
subdivision final plat.
4. 1.2 The Board may, without a hearing or compliance with any of the
submission, referral, or review requirements of this Ordinance,
approve a minor subdivision correction plat if the sole purpose of
the correction plat is to correct one or more technical errors in
an approved plat. The correction plat shall be consistent with the
approved minor subdivision final plat. The resubdivision
requirements shall be followed when proposing other changes to a
recorded minor subdivision final plat.
4.2 MINOR SUBDIVISION SKETCH PLAN APPLICATION PROCESS. An applicant
shall submit a complete Minor Subdivision Sketch Plan application
with the required number of application copies and application fee
to the planner. The required number of application copies shall be
determined by the planner. The following completed information and
maps are required:
4.2.1 A Minor Subdivision Sketch Plan application form.
4.2.2 A copy of a deed or legal instrument identifying the applicant's
interest in the property under consideration. If an authorized
agent signs the application for the fee owner(s) , a power of
attorney to the agent from the property owner(s) shall be provided.
4.2.3 A description of the type of uses proposed for the minor
subdivision.
4.2.4 A description of the type of public water system proposed for the
minor subdivision.
4.2.5 A description of the type of sewage disposal system proposed for
the minor subdivision.
4.2.6 A sketch plan drainage report shall be prepared in compliance with
the requirements of Section 10. 11 of this Ordinance.
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4.2.7 A description of the width and type of surface of all streets
proposed within the minor subdivision.
4.2.8 Any floodplain, geologic hazard, or airport overlay district areas
identified in the Weld County Zoning Ordinance that are located
within the proposed minor subdivision.
4.2.9 A report identifying the geologic characteristics in the area of
the proposed minor subdivision. The report shall indicate if the
proposed minor subdivision will be affected by any geologic
characteristics. An application for a minor subdivision shall
include a soils and geological investigation report identifying the
suitability of the area for the proposed subdivision. The report
shall be prepared by a professional engineer or geologist. A copy
of the report will be reviewed by the Department of Natural
Resources, Colorado Geological Survey. The Colorado Geological
Survey charges a separate review fee. This review fee must be paid
upon submittal of a minor subdivision application.
4.2. 10 A statement indicating if a potential radiation hazard exists in
the area of the proposed minor subdivision.
4.2. 11 A Minor Subdivision Sketch Plan vicinity map shall be drawn at a
scale of one-inch equals six hundred feet (1" = 600' ) , unless
otherwise approved by the planner, composed of one or more sheets
with an outer dimension of twenty-four by thirty-six inches (24" x
36") showing the following items:
4.2. 11. 1 The location of the proposed minor subdivision and its property
boundaries;
4.2. 11.2 The existing street and highway systems within five hundred (500)
feet of the boundaries of the proposed minor subdivision;
4.2.11.3 All unimproved or proposed public rights-of-way within five hundred
(500) feet of the boundaries of the proposed minor subdivision;
4.2. 11.4 All public sewer, water, and storm drainage systems within five
hundred (500) feet of the proposed minor subdivision; and
4.2. 11.5 Title, scale, north arrow, and date.
4.2. 12 A minor subdivision sketch plan map shall be drawn at a scale of
not less than one-inch equals two hundred feet (1" = 200' ) .
Variations from this scale will be acceptable in large acreage
subdivisions, provided the map is clearly legible and approved by
the planner. The dimensions of the sketch plan map shall be
twenty-four inches by thirty-six (24" x 36") . If a subdivision
requires more than two sheets, a map showing the total subdivision
shall also be submitted at an appropriate scale. If multiple sheets
are used, a sheet index showing the relationship of the individual
sheets shall be provided. The minor subdivision sketch plan map
shall include the following:
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4.2. 12. 1 Title, scale, north arrow, name of the minor subdivision, township,
range, section, quarter section, and lot numbers;
4.2.12.2 The layout of lots, outlots, roads, accesses, utility easements,
and open space scaled to the nearest foot;
4.2.12.3 Existing topographic contours at ten (10) foot intervals drawn from
available data, such as the United States Geological Survey (USGS)
maps;
4.2.12.4 Soil types by boundary, accompanied by a description of the soil
type as prepared by the Soil Conservation Service;
4.2. 12.5 Floodplain and geologic hazard areas, existing structures, utility
lines, ditches, streams, lakes, drainage ways, vegetative cover,
oil and gas production facilities, and any other structure or
feature located within the proposed minor subdivision; and
4.2.13 Any other information determined to be reasonably necessary by the
Department of Planning Services that will aid in the review of the
Minor Subdivision Sketch Plan application.
4.3 Minor Subdivision Sketch Plan Processing and Review Procedure The
planner shall be responsible for processing all Minor Subdivision
Sketch Plan applications in the unincorporated areas of Weld
County. The Department shall also have the responsibility of
insuring all application submittal requirements are met prior to
processing the application. Once a complete application is
submitted, the planner shall:
4.3. 1 Forward a copy of the minor subdivision sketch plan application to
appropriate referral agencies for review; and
4.3.2 Schedule a meeting with the applicant within forty-five (45) days
after a complete application has been submitted. The purpose of
the meeting will be to advise the applicant of any problems
discovered during the review of the Minor Subdivision Sketch Plan
application, discuss comments and issues raised by referral
agencies, and to review the minor subdivision final plat
procedures. A Minor Subdivision Sketch Plan application shall be
completed prior to submitting a minor subdivision final plat
application.
4.4 Minor Subdivision Final Plat Application Process An applicant
shall submit a complete minor subdivision final plat application
with the required number of application copies and application fee
to the planner. The required number of application copies shall be
determined by the planner. The following information shall be
submitted as part of a minor subdivision final plat application:
4.4. 1 A minor subdivision final plat application form provided by the
planner;
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4.4.2 A copy of a title commitment issued by a title insurance company or
a title opinion by an attorney licensed to practice in the State of
Colorado. The commitment or opinion shall set forth the names of
all owners of property. The commitment or opinion shall include a
list of all mortgages, judgments, liens, easements, contracts, and
agreements of record in Weld County affecting the property
described in the application. If the attorney's opinion or title
commitment discloses additional holders or owners of such
mortgages, judgments, liens, easements, contracts, or agreements,
not party to the application, the Board may require them to join in
and approve it. The title commitment or opinion shall be completed
within thirty (30) days prior to the application submission date.
4.4.3 A description of the type of uses proposed for the subdivision;
4.4.4 A summary of any concerns identified during the minor subdivision
sketch plan application process with an explanation of how the
concerns will be addressed or resolved;
4.4.5 The total number of lots proposed;
4.4.6 A description of the minor subdivision circulation system,
including sidewalk width, road width, type and depth of road
surface, curb and gutter, valley pan, or width and depth of borrow
ditches, and vehicle parking arrangement;
4.4. 7 A statement describing the ownership, function, and maintenance of
any school site, open space, or park within the proposed minor
subdivision;
4.4.8 If the applicant is to dedicate land for schools, roads, parks, or
other public purposes, a letter of intent from the appropriate
public agency stating it will accept the lands to be dedicated; and
4.4.9 A water supply report. The report will contain written evidence
that a water supply of sufficient quality, quantity, and
dependability will be available to serve the proposed minor
subdivision including fire protection. Such evidence may include,
but shall not be limited to the following: evidence of ownership
or use of existing water rights; historic use and estimated yield
of claimed water rights; amenability of existing rights to a change
in use; and evidence that a public water supply is available. The
amount of water available for use within the minor subdivision and
feasibility of extending services shall be identified; and evidence
concerning potability of the water supply for the proposed minor
subdivision. If water is to be supplied by a water district,
municipality, or other agency, a copy of a contract, or some
tangible guarantee, shall be submitted.
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4.4.10 A description of the proposed sewage disposal system. The
description shall include an estimate of the total number of
gallons per day of sewage to be treated by public sewer or the
suitability of another means of disposal, if public sewer is not
required. A copy of a contract, or other tangible guarantee,
providing for adequate sewage treatment by a public sewage
treatment agency, shall be submitted if public sewage treatment is
proposed.
4.4. 11 Letters from energy and utility suppliers indicating availability
of services.
4.4. 12 A list of any covenants, grants of easement, and restrictions
imposed upon any land, buildings, and structures within the
proposed minor subdivision.
4.4. 13 A copy of a Colorado Department of Transportation access permit, if
a new street intersects with a State Highway.
4.4. 14 If applicable, a copy of an agreement signed by the applicant and
representative of the irrigation ditch company. The agreement
shall specify the treatment of the ditch.
4.4. 15 Proof of an existing easement or dedicated right-of-way when it is
contiguous to an easement or right-of-way of the proposed minor
subdivision.
4.4.16 A proposed subdivision improvements agreement executed by the
applicant. The agreement forms are provided by the planner. The
agreement shall be made in accordance with the Weld County Policy
on Collateral for Improvements.
4.4.17 If applicable, a proposed off-site road improvements agreement
executed by the applicant. The agreement shall be made in
accordance with Section 13.2 of this Ordinance.
4.4. 18 A minor subdivision final plat drainage report shall be prepared in
compliance with the requirements of Section 10.12 and 10.13 of this
Ordinance.
4.4.19 A certified list of the names, addresses, and the corresponding
parcel identification numbers assigned by the Weld County Assessor
to 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 from the records of the Weld County Assessor,
or an ownership update from a title 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.
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4.4.20 A certified list of the names and addresses of mineral owners and
lessees of mineral owners having an interest in the subject
property. The list shall reflect the names of mineral owners and
lessees as they appear on the plats of record in the County Clerk
and Recorder's Office and its most recent addresses as they 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.
4.4.21 Minor subdivision final plat map requirements.
4.4.21.1 The plat shall be delineated in non-fading permanent black ink on
a dimensionally stable polyester sheet such as cronar, mylar, or
other product of equal quality, three mils or greater in thickness.
The size of each sheet shall be twenty-four (24) inches in height
by thirty-six (36) inches in width. No minor subdivision final
plat submitted shall contain any form of stick-on type material
such as, but not limited to, "sticky-back" or adhesive film, kroy
lettering or tape. The drawing shall be at a scale of one (1) inch
equals one-hundred (100) feet (1" = 100' ) .
4.4.21.2 A photo mylar copy or diazo sensitized mylar copy of the original
ink drawing, three (3) mils or greater in thickness, may be
submitted.
4.4.21.3 The minor subdivision final plat submitted shall contain the
original signatures and seals of all parties required. If a photo
mylar copy or diazo sensitized mylar copy is submitted, the
original signatures and seals must be contained thereon.
4.4.21.4 If a minor subdivision requires more than two (2) sheets, a map
showing the relationship of the individual sheets shall be
required.
4.4.21.5 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.
4.4.21.6 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 "Rules
of Professional Conduct of the State Board of Registration for
Professional Engineers and Professional Land Surveyors-Board Policy
Statements. "
4.4.21.7 The minor subdivision plat shall be referenced to at least two (2)
public land survey monuments of record in accordance with C.R.S.
38-53-102 (7) .
4.4.21.8 A signed copy of all Colorado Land Survey Monument Records for
indicated "Aliquot Corners" will be submitted with the final plat
in accordance with C.R.S. 38-53-102 (2) . If an "Aliquot Corner"
indicated on the final plat is substantially as described in an
existing record previously filed, and in the appropriate records of
the Clerk and Recorder, a copy of that monument record and a letter
of certification stating that it is as described thereon shall be
submitted.
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4.4.21.9 The surveyor making a plat shall certify on the plat that it
conforms 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.
4.4.21. 10 The surveyor shall affix his/her name, seal and date of
certification as prescribed in the "Bylaws And Rules of Procedure
of The State Board of Registration for Professional Engineers And
Professional Land Surveyors".
4.4.21. 11 The basis of bearings, north arrow, minor subdivision name, date,
total acreage, total number of lots, name and address of the
owner(s) of record, legal description, stated scale, and graphic
scale;
4.4.21. 12 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 shall be given and a notation made that
the plat includes all land to the water's edge or otherwise;
4.4.21. 13 Lots shall be numbered consecutively. Bearings and lengths shall
be given for all lot lines, except for interior lot lines where the
bearings and lengths are the same as both end lot lines. All
dimensions of irregularly shaped lots shall be indicated. All lot
lines intersecting a curve shall state if they are radial or non-
radial lines. Lengths shall be shown to hundredths of a foot and
angular dimensions and bearings to seconds of arc;
4.4.21.14 The area of each lot shall be shown in acres;
4.4.21. 15 Curved boundaries and all curves on the final plat shall include
the radius of curve, central angle,chord distance, and bearing;
4.4.21.16 Any parcel that is excepted from the minor subdivision shall be
marked, "not included in this minor subdivision". The boundaries
of an excepted parcel shall be identified by bearings and
distances;
4.4.21. 17 All streets shall be designated and identified by bearings and
dimensions. All street names shall be shown;
4.4.21. 18 All easements that are not parallel to a lot line shall be
designated and identified by bearings and dimensions;
4.4.21. 19 The location of easements along lot lines for water, sewer,
electric, gas, telephone, and any other utilities within the
proposed minor subdivision. Utility easements shall be designed to
meet Weld County Subdivision Ordinance requirements.
4.4.21.20 All land within the boundaries of the minor subdivision shall be
accounted for either as lots, easements, rights-of-way, private
street, or public area.
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4.4.21.21 The following certificates and seals shall be placed on the minor
subdivision final plat. Provision shall be made for all seals to
be placed approximately 2 inches from the minor subdivision final
plat border.
4.4.21.21. 1 Certificate of Dedication, Ownership, and Maintenance:
Know all men by those present that being the Owner(s) ,
Mortgagee or Lienholder of certain lands in Weld County, Colorado,
described as follows: Beginning
containing acres, more or less, have by these presents
laid out, platted, and subdivided the same into lots, as shown on
this plat, under the name and style of and do hereby
dedicate to the public, school district, owners and future owners
of this minor subdivision all ways, public rights-of-way,
easements, parks and open space, and other public rights-of-way and
easements for purposes shown hereon.
Executed this day of A.D. , 19
(Owner, Mortgagee, or Lienholder)
State of Colorado
s.s.
County of Weld
The foregoing dedication was acknowledged before me this day of
, 19
My commission expires
Notary Public
Witness my Hand and Seal
4.4.21.21.2 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 personal
supervision and checking. 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.
By:
Registered Land Surveyor Date
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4.4.21.21.3 Certificate of Approval by the County Commissioners: This plat is
approved by the Board of County Commissioners of Weld County, State
of Colorado. Approval of this plat does not constitute acceptance
of the roads and rights-of-way for maintenance by Weld County. The
construction, maintenance, snow removal, and all other matters
pertaining to or affecting the roads and rights-of-way are the sole
responsibility of the land owners within the minor subdivision.
Witness my hand and the corporate seal of Weld County this day
of , A.D. , 19_
Chairman, Board of County Commissioners
ATTEST:
Weld County Clerk to the Board
By: Dated:
Deputy Clerk to the Board
4.4.22 An erosion control plan, if required as a result of a minor
subdivision sketch plan requirement.
4.4.23 Minor Subdivision road plans A complete estimate of costs shall
accompany the road plan. All road plan information shall be
complete and sufficient for review by the County Engineer.
4.4.24 A certificate from the County Treasurer showing no delinquent taxes
for the minor subdivision final plat area.
4.4.25 A title commitment or a title opinion covering all public
dedications.
4.4.26 A warranty deed, if required, deeding to the appropriate entity any
lands to be used for the benefit of the public or owners and future
owners of the minor subdivision.
4.5 Minor Subdivision Final Plat Processing and Review Procedure The
planner shall be responsible for processing all minor subdivision
final plat applications in the unincorporated areas of Weld County.
The planner shall also have the responsibility of insuring all
application submittal requirements are met prior to processing the
application. Once a complete application is submitted, the
planner shall:
4.5. 1 Schedule a Planning Commission hearing date not more than
forty-five (45) days after the complete application has been
submitted unless the applicant agrees or requests a hearing date
more than forty-five (45) days after submittal;
4.5.2 Schedule a hearing before the Utilities Advisory Coordinating
Committee. This hearing shall be held prior to the Planning
Commission hearing;
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4.5.3 Give notice of the application for a minor subdivision final plat
and the Planning Commission public hearing date to those persons
listed in the application as owners of property located within
five-hundred (500) feet of the parcel under consideration. Such
notification shall be mailed, first class, not less than ten (10)
days before the scheduled public hearing;
4.5.4 Give notice of the application for a minor subdivision final plat
and the Planning Commission public hearing date to those persons
listed in the application as owners and lessees of the mineral
estate on or under the parcel under consideration. Such
notification shall be mailed, first class, not less than ten (10)
days before the scheduled public hearing;
4.5.5 Provide a sign for the applicant to post on the property under
consideration of a minor subdivision final plat. The sign shall be
posted adjacent to and visible from a publicly maintained road
right-of-way. In the event the property under consideration is not
adjacent to a publicly maintained road right-of-way, the applicant
shall post one sign in the most prominent place on the property and
post a second sign at a point where a driveway (access drive)
intersects a publicly maintained road right-of-way. The sign shall
be posted by the applicant, who shall certify that the sign has
been posted for the ten (10) days preceding the hearing date. Each
sign shall show the following information:
4.5.5. 1 The assigned application number;
4.5.5.2 The date, time, and place of the public hearing;
4.5.5.3 The phone number and location of the Department of Planning
Services;
4.5.5.4 The applicant's name;
4.5.5.5 The acreage of the parcel under consideration; and
4.5.5.6 The number of lots requested.
4.5.6 Arrange for legal notice of the Planning Commission hearing
published in the newspaper designated by the Board for publication
of notices. The date of publication shall be at least ten (10)
days prior to the hearing;
4.5. 7 Refer the application to referral agencies, when applicable, for
review and comment. The agencies shall respond within twenty-one
(21) days after the mailing of the application by the County. The
failure of any agency to respond within twenty-one (21) days may be
deemed to be a favorable response to the Planning Commission. The
reviews and comments solicited by Weld County are intended to
provide the County with information about the proposed minor
subdivision. The Planning Commission and 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.
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The authority and responsibility for making the decision to approve
or deny the request for a minor subdivision rests with the Board of
County Commissioners.
4.5.8 The planner shall prepare a recommendation for the Planning
Commission addressing all aspects of the application including:
4.5.8. 1 Conformance to the Subdivision Ordinance for review and approval;
4.5.8.2 Comments received from referral agencies; and
4.5.8.3 Comments received from surrounding property owners and owners and
lessees of the mineral estate.
4.5.9 The Planning Commission shall hold a hearing to consider the minor
subdivision application. The Planning Commission shall provide a
recommendation to the Board concerning the minor subdivision
application. The Planning Commission's recommendation shall
include whether the applicant has demonstrated that the standards
of Sections 4.5.9. 1 through 4.5.9. 16 have been or will be met. The
applicant has the burden of proof to show the standards of Sections
4.5.9. 1 through 4.5.9. 16 are met. The applicant shall demonstrate:
4.5.9. 1 Compliance with the Weld County Comprehensive plan;
4.5.9.2 That the minor subdivision will be located in an Urban Growth
Boundary area;
4.5.9.3 That definite provision has been made for a public water supply
that is sufficient in terms of quantity, dependability, and quality
to provide water for the minor subdivision including fire
protection;
4.5.9.4 That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal
are proposed, evidence that such systems will comply with state and
local laws and regulations which are in effect at the time of
submission of the minor subdivision;
4.5.9.5 That all areas of the minor subdivision which may involve soil or
topographical conditions presenting hazards or requiring special
precautions have been identified by the subdivider and that the
proposed uses of these areas are compatible with such conditions;
4.5.9.6 That streets within the minor subdivision are adequate in
functional classification, width, and structural capacity to meet
the traffic requirements of the minor subdivision. All roads
within the minor subdivision shall be a minimum of eighteen (18)
feet in width and shall have a minimum depth of four (4) inches of
gravel base;
4.5.9. 7 That off-site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic
requirements of the minor subdivision;
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4.5.9.8 That the construction, maintenance, snow removal, and other matters
pertaining to or affecting the road and rights-of-way for the minor
subdivision are the sole responsibility of the land owners within
the minor subdivision;
4.5.9.9 That the minor subdivision is not part of a minor subdivision
previously approved by Weld County.
4.5.9.10 That there will be no on-street parking permitted within the minor
subdivision;
4.5.9. 11 That no additional access to a County, State, or Federal highway
will be created;
4.5.9. 12 That the ingress and egress to all lots within the minor
subdivision will be to an internal road circulation system;
4.5.9. 13 That facilities providing drainage and stormwater management are
adequate;
4.5.9. 14 That each lot within the minor subdivision will be at least two and
one half (2.5) acres in size;
4.5.9. 15 That the maximum number of lots within the minor subdivision will
not exceed six (6) lots; and
4.5.9. 16 That the minor subdivision will not cause an unreasonable burden on
the ability of local governments or districts to provide fire and
police protection, or other services.
4.5.10 The planner shall forward the official recommendation of the
Planning Commission and the information contained in the official
record, including the planner's case file, to the Clerk to the
Board within ten (10) days from the Planning Commission hearing.
4.5. 11 The planner shall notify the Clerk to the Board to schedule a Board
hearing date not more than thirty (30) days after receipt of the
Planning Commission recommendation has been submitted to the Clerk
to the Board.
4.5. 12 The Clerk to the Board shall give notice of the application for a
minor subdivision final plat and the Board's public hearing date to
those persons listed in the application as owners of property
located within five-hundred (500) feet of the parcel under
consideration. The notification shall be mailed, first class, not
less than ten (10) days before the scheduled public hearing;
4.5.13 The Clerk to the Board shall give notice of the application for a
minor subdivision final plat and the Board's public hearing date to
those persons listed in the application as owners and lessees of
the mineral estate on or under the parcel under consideration. The
notification shall be mailed, first class, not less than ten (10)
days before the scheduled public hearing;
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4.5. 14 The planner shall provide a sign for the applicant to post on the
property under consideration for a minor subdivision final plat.
The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way, the applicant shall post one sign in
the most prominent place on the property and post a second sign at
a point where a driveway (access drive) intersects a publicly
maintained road right-of-way. The sign shall be posted by the
applicant, who shall certify that the sign has been posted for the
ten (10) days preceding the hearing date. Each sign shall show the
following information:
4.5. 14. 1 The assigned application number;
4.5. 14.2 The date, time, and place of the public hearing;
4.5.14.3 The phone and location of the Department of Planning Services;
4.5. 14.4 The applicant's name;
4.5. 14.5 The acreage of the parcel under consideration; and
4.5. 14.6 The number of lots.
4.5. 15 The Clerk to the Board shall arrange for legal notice of the Board
hearing published in the newspaper designated by the Board for
publication of notices. The date of publication shall be at least
ten (10) days prior to the hearing.
4.5. 16 The Board shall hold a public hearing to consider the application
and to take final action. In making a decision on the minor
subdivision final plat application, the Board shall consider the
recommendation of the Planning Commission, the facts presented at
the public hearing, the information contained in the official
record, including the planner's case file, and whether the
applicant has demonstrated that the standards of Sections 4.5.16. 1
through 4.5.16.16 have been or will be met. The applicant has the
burden of proof to show that the standards of Sections 4.5.16. 1
through 4.5. 16. 16 are met. The applicant shall demonstrate:
4.5.16. 1 Compliance with the Weld County Comprehensive Plan;
4.5. 16.2 That the minor subdivision will be located in an Urban Growth
Boundary Area;
4.5. 16.3 That definite provision has been made for a public water supply
that is sufficient in terms of quantity, dependability, and quality
to provide water for the minor subdivision including fire
protection;
4.5.16.4 That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal
are proposed, evidence that such systems will comply with state and
local laws and regulations which are in effect at the time of
submission of the minor subdivision;
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4.5.16.5 That all areas of the minor subdivision which may involve soil or
topographical conditions presenting hazards or requiring special
precautions have been identified by the subdivider and that the
proposed uses of these areas are compatible with such conditions;
4.5.16.6 That streets within the minor subdivision are adequate in
functional classification, width, and structural capacity to meet
the traffic requirements of the minor subdivision. All roads
within the minor subdivision shall be a minimum of eighteen (18)
feet in width and shall have a minimum depth of four (4) inches of
gravel base;
4.5. 16.7 That off-site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic
requirements of the minor subdivision;
4.5.16.8 That the construction, maintenance, snow removal, and other matters
pertaining to or affecting the road and rights-of-way for the minor
subdivision are the sole responsibility of the land owners within
the minor subdivision;
4.5. 16.9 That the minor subdivision is not part of a minor subdivision
previously approved by Weld County.
4.5. 16. 10 That there will be no on-street parking permitted within the minor
subdivision;
4.5. 16. 11 That no additional access to a County, State, or Federal highway
will be created;
4.5. 16.12 That the ingress and egress to all lots within the minor
subdivision will be to an internal road circulation system;
4.5. 16.13 That facilities providing drainage and stormwater management are
adequate for the minor subdivision;
4.5.16. 14 That each lot within the minor subdivision will be at least two and
one half (2.5) acres in size;
4.5. 16.15 That the maximum number of lots within the minor subdivision will
not exceed six (6) lots; and
4.5. 16.16 That the minor subdivision will not cause an unreasonable burden on
the ability of local governments or districts to provide fire and
police protection or other services;
4.5. 17 The Board's final decision will be by resolution. A record of such
action and a copy of the resolution will be kept in the files of
the Clerk to the Board. The planner shall record an approved minor
subdivision final plat and the Board's resolution with the County
Clerk and Recorder.
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4.5. 18 No minor subdivision final plat shall be considered approved and
eligible for recording until the Board has approved a subdivision
improvements agreement.
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SECTION 5: SKETCH PLAN
5. 1 An applicant shall submit a complete sketch plan application with
the required number of application copies and processing fee to the
planner. The required number of application copies shall be
determined by the planner.
5.2 The following completed information and maps are required:
5.2. 1 A sketch plan application form.
5.2.2 A copy of a deed or legal instrument identifying the applicant's
interest in the property under consideration. If an authorized
agent signs the application for the fee owner(s) , a power of
attorney to the agent from the property owner(s) shall be provided.
5.2.3 A description of the type of uses proposed for the subdivision.
5.2.4 A description of the type of water system proposed for the
subdivision.
5.2.5 A description of the type of sewer system proposed for the
subdivision.
5.2.6 A sketch plan drainage report shall be prepared in compliance with
the requirements of Section 10.11 of the Weld County Subdivision
Ordinance.
5.2.7 A description of the width and type of surface of all streets and
sidewalks proposed within the subdivision. Street design
requirements are referenced in Section 10 of the Weld County
Subdivision Ordinance.
5.2.8 Any floodplain, geologic hazard, and airport overlay district
areas located within the proposed subdivision identified in the
Weld County Zoning Ordinance.
5.2.9 A report identifying the geologic characteristics in the area of
the proposed subdivision. The report shall indicate if the
proposed subdivision will be affected by any geologic
characteristics. An application for a minor subdivision shall
include a soils and geological investigation report identifying the
suitability of the area for the proposed subdivision. The report
shall be prepared by a professional engineer or geologist. A copy
of the report will be reviewed by the Department of Natural
Resources, Colorado Geological Survey. The Colorado Geological
Survey charges a separate review fee. This review fee must be paid
upon submittal of a minor subdivision application.
5.2. 10 A statement indicating if a potential radiation hazard exists in
the area of the proposed subdivision.
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5.2. 11 A sketch plan vicinity map shall be drawn at a scale of one-inch
equals six hundred feet (1" = 600' ) , unless otherwise approved by
the planner, composed of one or more sheets with an outer dimension
of twenty-four by thirty-six inches (24" x 36") showing the
following items:
5.2. 11. 1 The location of the proposed subdivision and its property
boundaries;
5.2. 11.2 The existing street and highway systems within five hundred (500)
feet of the boundaries of the proposed subdivision;
5.2. 11.3 All unimproved or proposed public rights-of-way within five hundred
(500) feet of the boundaries of the proposed subdivision;
5.2. 11.4 All public sewer, water, and storm drainage systems within five
hundred (500) feet of the proposed subdivision; and
5.2. 11.5 Title, scale, north arrow, and date.
5.2. 12 A sketch plan map shall be drawn at a scale of not less than one-
inch equals two hundred feet (1" = 200' ) . Variations from this
scale will be acceptable in large acreage subdivisions, provided
the map is clearly legible and approved by the planner. The
dimensions of the sketch plan map shall be twenty-four inches by
thirty-six inches (24" x 36") . If a subdivision requires more than
two sheets, a map showing the total subdivision shall also be
submitted at an appropriate scale. If multiple sheets are used, a
sheet index showing the relationship of the individual sheets shall
be provided. The sketch plan map shall include the following:
5.2. 12.1 Title, scale, north arrow, name of the subdivision, township,
range, section, quarter section, block and lot numbers;
5.2.12.2 The layout of blocks, lots, outlots, roads, accesses, utility
easements, and open space scaled to the nearest foot;
5.2. 12.3 Existing topographic contours at ten (10) foot intervals drawn from
available data, such as the United States Geological Survey (USGS)
maps;
5.2.12.4 Soil types by boundary, accompanied by a description of the soil
type as prepared by the Soil Conservation Service;
5.2.12.5 Floodplain and geologic hazard areas, existing structures, utility
lines, ditches, streams, lakes, drainage ways, vegetative cover,
oil and gas production facilities, and any other structure or
feature located within the proposed subdivision; and
5.2.12.6 Any other information determined to be reasonably necessary by the
Department of Planning Services that will aid in the review of the
sketch plan application.
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5.3 Sketch plan processing and review procedure
5.3. 1 The planner shall be responsible for processing all sketch plan
applications in the unincorporated areas of Weld County. The
Department shall also have the responsibility of insuring all
application submittal requirements are met prior to processing the
application. Once a complete application is submitted, the
Department shall:
5.3. 1. 1 Forward a copy of the sketch plan application to appropriate
referral agencies for review; and
5.3.1.2 Schedule a meeting with the applicant within forty-five (45) days
after a complete application has been submitted. The purpose of
the meeting will be to advise the applicant of any problems
discovered during the review of the sketch plan application,
discuss comments and issues raised by referral agencies, and to
review the preliminary plan procedures. A sketch plan application
shall be completed prior to submitting a preliminary plan
application.
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SECTION 6: PRELIMINARY PLAN
6. 1 An applicant shall submit a complete preliminary plan application
with the required number of application copies and application fee
to the planner. The required number of application copies shall be
determined by the planner.
6.2 The following information shall be submitted as part of the
preliminary plan application.
6.2. 1 A preliminary plan application form provided by the planner.
6.2.2 A copy of a title commitment issued by a title insurance company or
a title opinion by an attorney licensed to practice in the State of
Colorado. The commitment or opinion shall set forth the names of
all owners of property. The commitment or opinion shall include a
list of all mortgages, judgments, liens, easements, contracts, and
agreements of record in Weld County affecting the property
described in the application. If the attorney's opinion or title
commitment discloses additional holders or owners of such
mortgages, judgments, liens, easements, contracts, or agreements,
not party to the application, the Board may require them to join in
and approve it.
6.2.2. 1 A Certificate from the County Treasurer showing no delinquent taxes
for the preliminary plan area.
6.2.3 On a separate sheet(s) of typing paper, attached to the preliminary
plan application form, the following information is required.
6.2.3. 1 A description of the type of uses proposed for the
subdivision.
6.2.3.2 A summary of any concerns identified during the sketch plan
application process with an explanation of how the concerns will be
addressed or resolved.
6.2.3.3 The total number of lots proposed.
6.2.3.4 A description of the subdivision circulation system including
road width, type and depth of road base and surface, width and
depth of borrow ditches, curb and gutter, valley pan, and
vehicle parking arrangement. The circulation system shall include
a description of any sidewalks, bikepaths, or trails.
6.2.3.5 A statement describing the ownership, function, and maintenance of
any school site, open space, or park within the proposed
subdivision.
6.2.3.6 A description of the proposed water system accompanied by an
estimate of the total gallons of water per day required for
domestic use and emergency fire protection.
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6.2.3. 7 A water supply resource report. The report will contain written
evidence that adequate water service in terms of quality, quantity
and dependability is available for the type of subdivision
proposed. Such evidence may include, but shall not be limited to
the following: Evidence of ownership 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 supply is available. The
amount of water available for use within the subdivision and the
feasibility of extending services shall be identified; and,
evidence concerning potability of the water supply for the proposed
subdivision.
6.2.3.8 A description of the proposed sewer system. The description shall
include an estimate of the composition of the sewage in terms of
the average pounds of biochemical oxygen demand per day and total
number of gallons per day of sewage to be treated by public sewer
or the suitability of another means of disposal, if public sewer is
not required by the Weld County Zoning Ordinance.
6.2.3.9 The proposed method of financing with an estimate of the
infrastructure construction costs related to the proposed
subdivision. Cost estimates shall include, but not be limited to
the following:
6.2.3.9.1 Streets and related facilities;
6.2.3.9.2 Water distribution systems;
6.2.3.9.3 Storm drainage facilities;
6.2.3.9.4 Sewage collection systems; and
6.2.3.9.5 Other utilities and infrastructure as may be required.
6.2.3. 10 A list of all municipal or quasi-municipal entities, public
utilities, and water service providers located within five hundred
(500) feet of the proposed subdivision.
6.2.4 A geologic report evaluating and predicting the impact of geologic
conditions affecting the proposed subdivision. The report shall
also include recommendations for mitigating impacts affecting the
proposed subdivision, if applicable. The report shall include a
soil survey of the proposed subdivision and a statement concerning
suitability of soils to support proposed uses. The report shall be
prepared by a qualified engineer or geologist and include
information concerning depth to bedrock, water table level, erosion
characteristics, unstable soils, and any other characteristics
noted. A copy of the report will be reviewed by the Department of
Natural Resources, Colorado Geological Survey. The Colorado
Geological Survey charges a separate review fee. This review fee
must be paid upon submittal of the preliminary plan application.
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6.2.5 A list of any covenants, grants of easement, and restrictions
imposed upon any land, buildings, and structures within the
proposed subdivision.
6.2.6 A certified list of the names, addresses, and the corresponding
parcel identification numbers assigned by the Weld County Assessor
to 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 from 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.
6.2.7 A certified list of the names and addresses of mineral owners and
lessees of mineral owners having an interest in the property under
consideration. The list shall reflect the names of mineral owners
and lessees as they appear on the plats or records in the County
Clerk and Recorder's Office and as they appear in the telephone
directory or other directory of general use in the area of the
property or on the tax records of the County.
6.2.8 Preliminary plan vicinity map requirements.
6.2.8.1 The dimensions of the vicinity map shall be twenty-four (24) inches
by thirty-six (36) inches. The scale shall be one inch equals six-
hundred feet (1" = 600' ) , unless otherwise approved by the planner.
A workmanlike execution of the vicinity map shall be made in every
detail. A poorly drawn or illegible map is sufficient cause for
its rejection.
6.2.8.2 The following information shall be shown on the vicinity map:
6.2.8.2. 1 The perimeter outline of the proposed subdivision. The location of
all existing and proposed accesses to the proposed subdivision;
6.2.8.2.2 The location and name of all roads and highways within five hundred
(500) feet of the perimeter of the proposed subdivision; and
6.2.8.2.3 The perimeter outline and identification of subdivisions, zone
districts, and any special districts within five hundred (500) feet
of the perimeter of the proposed subdivision.
6.2.9 Preliminary plan plat requirements.
6.2.9. 1 The dimensions of the plat map shall be drawn on a sheet twenty-
four (24) inches by thirty-six (36) inches. The preliminary plan
shall be drawn at a scale of one inch equals 200 feet, unless a
variation from this scale is allowed by the planning director or
designee due to the size of the proposed development. If a
subdivision requires more than two sheets, a map showing the total
subdivision shall also be submitted at an appropriate scale. If
multiple sheets are used, a key showing the relationship of the
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individual sheets shall be required. A workmanlike execution of
the plat map shall be made in every detail. A poorly drawn or
illegible map is sufficient cause for its rejection.
6.2.9.2 The following information shall be shown on the preliminary plan
plat map:
6.2.9.2.1 The basis of bearings, north arrow, subdivision name, total
acreage, and legal description of the proposed subdivision;
6.2.9.2.2 Lots and blocks shall be numbered consecutively. Lot dimensions
shall be scaled to the nearest foot. The area of each lot shall be
shown in square feet, if less than one acre. If lots are greater
than one acre, the area shall be shown in acres;
6.2.9.2.3 The street layout for the subdivision. All streets shall be named;
6.2.9.2.4 The layout of future streets, adjacent to the subdivision, shall be
shown in a dashed-line;
6.2.9.2.5 Contours at ten (10) foot intervals for predominant ground slopes
within the proposed subdivision between level and five percent (5%)
grade. Contours at five (5) foot intervals for predominant ground
slopes over five percent (5%) grade. Contours at one (1) foot
intervals, if the predominant ground slopes are level. Elevations
shall be based on National Geodetic Survey Sea Level data; and
6.2.9.2.6 The location, size, and use of all existing structures and existing
and proposed easements. This includes easements for water, sewer,
electric, gas, and telephone lines. It also includes, but is not
limited to, irrigation ditches, water mains, and fire hydrants.
6.2.9.2. 7 A utility service statement block shall appear on the preliminary
plan plat map. The block shall identify each utility company,
special district, or municipality intended to service the
subdivision. The block shall include:
6.2.9.2. 7.1 The name of the utility company.
6.2.9.2.7.2 A dated signature and statement from the representative of the
utility company indicating one of the following:
6.2.9.2. 7.3 Service is available;
6.2.9.2. 7.4 Service is available, subject to the following specific conditions;
or
6.2.9.2.7.5 Service is not available for the subdivision.
6.2. 10 A drainage report shall be prepared in compliance with the
requirements of Sections 10. 12 and 10.13 of the Weld County
Subdivision Ordinance.
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6.3 Preliminary plan processing and review procedure
6.3.1 The planner shall be responsible for processing all preliminary
plan applications in the unincorporated areas of Weld County. The
planner shall also have the responsibility of insuring all
application submittal requirements are met prior to processing the
application. Once a complete application is submitted, the
planner shall:
6.3.1. 1 Schedule a Planning Commission hearing date not more than sixty
(60) days after the complete application has been submitted;
6.3. 1.2 Schedule a hearing before the Utilities Advisory Coordinating
Committee. This hearing will be held prior to the Planning
Commission hearing;
6.3. 1.3 Give notice of the application for a preliminary plan and the
Planning Commission public hearing date to those persons listed in
the application as owners of property located within five-hundred
(500) feet of the parcel under consideration. Such notification
shall be mailed, first class, not less than ten (10) days before
the scheduled public hearing;
6.3.1.4 Give notice of the application for a preliminary plan and the
Planning Commission public hearing date to those persons listed in
the application as owners and lessees of the mineral estate on or
under the parcel under consideration. Such notification shall be
mailed, first class, not less than ten (10) days before the
scheduled public hearing;
6.3. 1.5 Provide a sign for the applicant to post on the property under
consideration of a preliminary plan. The sign shall be posted
adjacent to and visible from a publicly maintained road right-of-
way. In the event the property under consideration is not adjacent
to a publicly maintained road right-of-way, the applicant shall
post one sign in the most prominent place on the property and post
a second sign at a point where a driveway (access drive) intersects
a publicly maintained road right-of-way. The sign shall be posted
by the applicant, who shall certify that the sign has been posted
for the ten (10) days preceding the hearing date. Each sign shall
show the following information:
6.3. 1.5. 1 The assigned preliminary plan application numbers;
6.3. 1.5.2 The date, time, and place of the public hearing;
6.3.1.5.3 The phone number and location of the Department of Planning
Services;
6.3. 1.5.4 The applicant's name;
6.3. 1.5.5 The acreage of the parcel under consideration; and
6.3.1.5.6 The type of request.
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6.3.1.6 Arrange for legal notice of the Planning Commission hearing
published in the newspaper designated by the Board for publication
of notices. The date of publication shall be at least ten (10)
days prior to the hearing;
6.3. 1.7 Refer the application to referral agencies, when applicable, for
review and comment. The agencies shall respond within twenty-one
(21) days after the mailing of the application by the County. The
failure of any agency to respond within twenty-one (21) days may be
deemed to be a favorable response to the Planning Commission. The
reviews and comments solicited by Weld County are intended to
provide the County with information about the proposed preliminary
plan. The Planning Commission and 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 for a Preliminary Plan rests with the Board.
The preliminary plan referral agencies include:
6.3.1. 7. 1 The Planning Commission or Governing Body of any city, town, or
county whose boundaries are within a three (3) mile radius of the
parcel under consideration for a preliminary plan;
6.3. 1. 7.2 Weld County Environmental Protection Services;
6.3. 1.7.3 Weld County Engineering Department;
6.3. 1.7.4 Colorado Department of Health;
6.3.1. 7.5 Weld County Extension Office;
6.3. 1. 7.6 Colorado Geological Survey;
6.3. 1. 7.7 Colorado Department of Transportation;
6.3.1. 7.8 Colorado State Division of Wildlife;
6.3. 1.7.9 Colorado State Engineer, Division of Water Resources;
6.3. 1.7.10 Colorado State Oil and Gas Conservation Commission;
6.3. 1. 7.11 U.S. Army Corps of Engineers;
6.3.1. 7. 12 U.S. Soil Conservation Service;
6.3. 1.7. 13 The appropriate school district;
6.3. 1. 7.14 The appropriate fire district;
6.3.1. 7. 15 Any irrigation ditch company with facilities on or adjacent to the
parcel under consideration; and
6.3. 1.7. 16 Any other agencies or individuals whose review the planner, the
Planning Commission, or the Board deems necessary.
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6.3.1.8 The planner shall prepare a recommendation for use by the Planning
Commission addressing all aspects of the application including:
6.3. 1.8.1 Conformance to the Subdivision Ordinance for review and approval;
6.3. 1.8.2 Comments received from referral agencies; and
6.3. 1.8.3 Comments received from surrounding property owners and owners and
lessees of the mineral estate.
6.3.1.9 The Planning Commission shall hold a hearing to consider the
preliminary plan application. The Planning Commission shall
provide a recommendation to the Board concerning the preliminary
plan application. The applicant has the burden of proof to show
the standards of Section 6.3.1.9.1 through 6.3.1.9. 10 are met. The
applicant shall demonstrate:
6.3. 1.9. 1 Compliance with the Weld County Comprehensive plan;
6.3. 1.9.2 That definite provision has been made for a water supply that is
sufficient in terms of quantity, dependability and quality to
provide water for the subdivision, including fire protection;
6.3.1.9.3 That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal
are proposed, evidence that such systems will comply with state and
local laws and regulations which are in effect at the time of
submission of the subdivision;
6.3. 1.9.4 That streets within the subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic
requirements of the subdivision;
6.3. 1.9.5 That off-site street or highway facilities providing access to the
subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the
subdivision;
6.3.1.9.6 That facilities providing drainage and stormwater management are
adequate;
6.3. 1.9. 7 The subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and
police protection, hospital, solid waste disposal, and other
services;
6.3. 1.9.8 The subdivision will not cause air pollution violations based on
Colorado Department of Health standards;
6.3. 1.9.9 The subdivision conforms to the subdivision design standards of
Section 10; and
6.3. 1.9. 10 The subdivision will not have an undue adverse effect on wildlife
and its habitat, the preservation of agricultural land, and
historical sites.
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6.3.2 The planner shall forward the official recommendation of the
Planning Commission and the information contained in the official
record, including the planner's case file, to the Clerk to the
Board within ten (10) days.
6.3.3 The Clerk to Board of County Commissioners shall:
6.3.3.1 Set a Board public hearing to take place not more than thirty (30)
days after receipt of the Planning Commission recommendation for
consideration of the proposed preliminary plan application;
6.3.3.2 Arrange for legal notice of the hearing to be published once in the
newspaper designated by the Board for publication of notices. The
date of publication shall be at least ten (10) days prior to the
hearing;
6.3.3.3 Give notice of the application for a preliminary plan and the
public hearing date to those persons listed in the application as
owners of property located within five-hundred (500) feet of the
parcel under consideration. The notification shall be mailed,
first class, not less than ten (10) days before the scheduled
public hearing; and
6.3.3.4 Give notice of the application for a preliminary plan and the
public hearing date to those persons listed in the application as
owners and lessees of the mineral estate on or under the parcel
under consideration. The notification shall be mailed, first
class, not less than ten (10) days before the scheduled public
hearing.
6.3.3.5 The Board shall hold a public hearing to consider the application
and take final action thereon. In making a decision on the
preliminary plan application, the Board shall consider the
recommendation of the Planning Commission, the facts presented at
the public hearing, and the information contained in the record,
including the planner's case file. The applicant has the burden of
proof to show that the standards of Sections 6.3.3.5. 1 through
6.3.3.5.10 are met. The applicant shall demonstrate the following:
6.3.3.5.1 Compliance with the Weld County Comprehensive Plan;
6.3.3.5.2 That definite provision has been made for a public water supply
that is sufficient in terms of quantity, dependability, and quality
to provide water for the subdivision, including fire protection;
6.3.3.5.3 That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal
are proposed, evidence that such systems will comply with state and
local laws and regulations which are in effect at the time of
submission of the subdivision;
6.3.3.5.4 That streets within the subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic
requirements of the proposed subdivision;
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6.3.3.5.5 That off-site street or highway facilities providing access to the
subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the
subdivision;
6.3.3.5.6 That facilities providing drainage and stormwater management are
adequate;
6.3.3.5.7 The subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and
police protection, hospital, solid waste disposal, and other
services;
6.3.3.5.8 The subdivision will not cause air pollution violations based on
State Health Department Standards;
6.3.3.5.9 The subdivision conforms to the subdivision design standards of
Section 10; and
6.3.3.5. 10 The subdivision will not have an undue adverse effect on wildlife
and its habitat, the preservation of agricultural land, and
historical sites.
6.3.3.6 The Board of County Commissioners' final decision will be by
resolution. A record of such action and a copy of the resolution
will be kept in the files of the Clerk to the Board.
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SECTION 7: FINAL PLAT
7. 1 An applicant shall submit a complete final plat application with
the required number of application copies and application fee to
the planner. The required number of application copies shall be
determined by the planner.
Preliminary plan approval must be obtained from the Board prior to
submitting a final plat. A final plat shall be submitted for
approval within one (1) year of the date a preliminary plan has
been approved by the Board of County Commissioners. No final plat
submission shall be accepted after expiration of the one (1) year
period unless an extension of time has been granted by the Board.
An extension of time may be granted by the Board upon written
request of the subdivider within one (1) year of the date of
approval of the preliminary plan. Any plat submitted after
expiration of the approval period without a time extension shall be
processed as a new preliminary plan application.
The final plat shall conform to the approved preliminary plan. The
Board may approve a modified final plat if changes reflect
improvements in design or changes have occurred to surrounding land
uses or the environment since the time of the preliminary plan
approval.
7.2 The following information shall be submitted as part of a final
plat application:
7.2. 1 A final plat application form provided by the planner;
7.2.2 A copy of a title commitment issued by a title insurance company or
a title opinion by an attorney licensed to practice in the State of
Colorado. The commitment or opinion shall set forth the names of
all owners of property. The commitment or opinion shall include a
list of all mortgages, judgments, liens, easements, contracts, and
agreements of record in Weld County affecting the property
described in the application. If the attorney's opinion or title
commitment discloses additional holders or owners of such
mortgages, judgments, liens, easements, contracts, or agreements,
not party to the application, the Board may require them to join in
and approve it. The title commitment or opinion shall be completed
within thirty (30) days prior to the application submission date.
7.2.3 On separate sheets attached to the final plat application form, the
following information is required:
7.2.3. 1 A description of the type of uses proposed for the subdivision;
7.2.3.2 A summary of any concerns identified during the preliminary plan
application process with an explanation of how the concerns will be
addressed or resolved;
7.2.3.3 The total number of lots proposed;
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7.2.3.4 A description of the subdivision circulation system, including
sidewalk width, road width, type and depth of road surface, curb
and gutter, valley pan, or width and depth of borrow ditches, and
vehicle parking arrangement;
7.2.3.5 A statement indicating if on-street parking will be permitted
within the proposed subdivision;
7.2.3.6 A statement describing the ownership, function, and maintenance of
any school site, open space, or park within the proposed
subdivision;
7.2.3.7 If the applicant is to dedicate land for schools, roads, parks, or
other public purposes, a letter of intent from the appropriate
public agency stating it will accept the lands to be dedicated; and
7.2.3.8 A description of the proposed water system accompanied by an
estimate of the total gallons per day required to serve the
subdivision.
7.2.3.9 A water supply resource report. The report will contain written
evidence that a water supply of sufficient quality, quantity, and
dependability will be available to serve the proposed subdivision.
Such evidence may include, but shall not be limited to the
following: evidence of ownership or use of existing water rights;
historic use and estimated yield of claimed water rights;
amenability of existing rights to a change in use; evidence that a
public or private water supply is available. The amount of water
available for use within the subdivision and feasibility of
extending services shall be identified; and, evidence concerning
potability of the water supply for the proposed subdivision.
7.2.3.10 A copy of a contract, or some tangible guarantee, providing for a
common water supply if water is required to be supplied by a water
district, municipality, or other agency.
7.2.3. 11 A description of the proposed sewer system. The description shall
include an estimate of the total number of gallons per day of
sewage to be treated by public sewer or the suitability of another
means of disposal, if public sewer is not required.
7.2.3.12 A copy of a contract, or other tangible guarantee, providing for
adequate sewage treatment by a public sewage treatment agency, if
public sewage treatment is required.
7.2.3.13 A statement explaining how any recommendations of the Colorado
Geological Survey will be met.
7.2.3. 14 A list of any covenants, grants of easement, and restrictions
imposed upon any land, buildings, and structures within the
proposed subdivision.
7.2.3.15 A copy of a Colorado Department of Transportation access permit, if
a new street intersects with a State Highway.
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7.2.3.16 If applicable, a copy of an agreement signed by the applicant and
representative of the irrigation ditch company. The agreement
shall specify an agreed upon treatment of the ditch as provided in
Section 9 of this ordinance.
7.2.3. 17 Proof of an existing easement or dedicated right-of-way when it is
contiguous to an easement or right-of-way of the proposed
subdivision.
7.2.3. 18 A proposed subdivision improvements agreement executed by the
applicant. The agreement forms are provided by the planner. The
agreement shall be made in accordance with the Weld County policy
on collateral for improvements.
7.2.3.19 If applicable, an off-site road improvements agreement executed by
the applicant. The agreement shall be in accordance with Section
13.2 of this Ordinance.
7.2.3.20 A drainage report shall be prepared in compliance with the
requirements of Section 10.12 and 10.13 of this Ordinance.
7.2.4 A certified list of the names, addresses, and the corresponding
parcel identification numbers assigned by the Weld County Assessor
to 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 from the records of the Weld County Assessor,
or an ownership update from a title 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.
7.2.5 A certified list of the names and addresses of mineral owners and
lessees of mineral owners having an interest in the subject
property. The list shall reflect the names of mineral owners and
lessees as they appear on the plats of record in the County Clerk
and Recorder's Office and its most recent addresses as they 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.
7.2.6 Final plat map requirements.
7.2.6. 1 The plat shall be delineated in nonfading permanent black ink on a
dimensionally stable polyester sheet such as cronar, mylar, or
other product of equal quality, three mils or greater in thickness.
The size of each sheet shall be twenty-four (24) inches in height
by thirty-six (36) inches in width. No final plat submitted shall
contain any form of stick-on type material such as, but not limited
to, "sticky-back" or adhesive film, kroy lettering or tape. The
drawing shall be at a scale of one (1) inch equals one-hundred
(100) feet (1" = 100' ) .
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7.2.6.2 A photo mylar copy or diazo sensitized mylar copy of the original
ink drawing, three (3) mils or greater in thickness, may be
submitted.
7.2.6.3 The final plat submitted shall contain the original signatures and
seals of all parties required. If a photo mylar copy or diazo
sensitized mylar copy is submitted, the original signatures and
seals must be contained thereon.
7.2.6.4 If a subdivision requires more than two (2) sheets, a map showing
the relationship of the individual sheets shall be required.
7.2.6.5 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.
7.2.6.6 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 "Rules
of Professional Conduct of the State Board of Registration for
Professional Engineers and Professional Land Surveyors-Board Policy
Statements. "
7.2.6. 7 The subdivision plat shall be referenced to at least two (2) public
land survey monuments of record in accordance with C.R.S. 38-53-102
(7) .
7.2.6.8 A signed copy of all Colorado Land Survey Monument Records for
indicated "Aliquot Corners" will be submitted with the final plat
in accordance with C.R.S. 38-53-102 (2) . If an "Aliquot Corner"
indicated on the final plat is substantially as described in an
existing record previously filed, and in the appropriate records of
the Clerk and Recorder, a copy of that monument record and a letter
of certification stating that it is as described thereon shall be
submitted.
7.2.6.9 The surveyor making a plat shall certify on the plat that it
conforms 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.
7.2.6. 10 The surveyor shall affix his/her name, seal and date of
certification as prescribed in the "Bylaws And Rules of Procedure
of The State Board of Registration for Professional Engineers And
Professional Land Surveyors".
7.2.7 The final plat map shall include the following:
7.2. 7. 1 The basis of bearings, north arrow, subdivision, name, date, total
acreage, total number of lots, name and address of the owner(s) of
record, legal description, stated scale, and graphic scale;
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7.2. 7.2 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 shall be given and a notation made that
the plat includes all land to the water's edge or otherwise;
7.2. 7.3 Lots and blocks shall be numbered consecutively. Bearings and
lengths shall be given for all lot lines, except for interior lot
lines where the bearings and lengths are the same as both end lot
lines. All dimensions of irregularly shaped lots shall be
indicated. All lot lines intersecting a curve shall state if they
are radial or non-radial lines. Lengths shall be shown to
hundredths of a foot and angular dimensions and bearings to seconds
of arc;
7.2. 7.4 The area of each lot shall be shown in square feet, if less than
one acre. If lots are greater than one acre, the area shall be
shown in acres;
7.2. 7.5 Curved boundaries and all curves on the final plat shall include
the radius of curve, central angle,chord distance, and bearing;
7.2. 7.6 Any parcel that is excepted from the subdivision shall be marked,
"not included in this subdivision". The boundaries of an excepted
parcel shall be identified by bearings and distances;
7.2. 7. 7 All streets, walkways, and alleys shall be designated and
identified by bearings and dimensions. All street names shall be
shown;
7.2. 7.8 All easements that are not parallel to a lot line shall be
designated and identified by bearings and dimensions;
7.2. 7.9 The location of easements along lot lines for water, sewer,
electric, gas, telephone, and any other utilities within the
proposed subdivision. Utility easements shall be designed to meet
Weld County Subdivision Ordinance requirements.
7.2. 7.10 A utility service statement block shall appear on the final plat
map. The block shall identify each utility company, special
district, or municipality intended to provide service to the
proposed subdivision. The block shall include:
7.2. 7.10. 1 The name of each utility service company.
7.2. 7. 10.2 A dated signature and statement from the representative of the
utility company indicating one of the following:
7.2. 7. 10.3 Service is available;
7.2. 7.10.4 Service is available, subject to the following specific conditions;
or
7.2. 7. 10.5 Service is not available for the proposed subdivision.
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7.2.7. 11 All land within the boundaries of the subdivision shall be
accounted for either as lots, easements, rights-of-way, private
street, alley, walkway, trail, or public area.
7.2. 7. 12 If a final plat is revised, a copy of the original final plat shall
be provided for comparison purposes; and
7.2. 7.13 The final plat or resubdivision plat shall contain the following
certificates and seals. Provision shall be made for all seals to
be placed approximately 2 inches from the final plat border.
7.2.8 Certificate of Dedication, Ownership, and Maintenance:
Know all men by those present that being the Owner(s) ,
Mortgagee or Lienholder of certain lands in Weld County, Colorado,
described as follows: Beginning
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 Board of County Commissioners, public,
school district, owners and future owners of this subdivision all
ways, public rights-of-way, easements, parks and open space, and
other public rights-of-way and easements for purposes shown hereon.
Executed this day of A.D. , 19
(Owner, Mortgagee, or Lienholder)
State of Colorado )
s.s.
County of Weld
The foregoing dedication was acknowledged before me this day of
, 19
My commission expires
Notary Public
Witness my Hand and Seal
7.2.9 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 personal
supervision and checking. 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.
By:
Registered Land Surveyor Date
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7.2.10 Certificate of Approval by the County Commissioners: This plat is
approved by the Board of County Commissioners of Weld County, State
of Colorado. Approval of this plat does not constitute acceptance
of any dedication.
Witness my hand and the corporate seal of Weld County this day
of , A.D. , 19_
Chairperson
ATTEST:
Weld County Clerk to the Board
By: Dated:
Deputy Clerk to the Board
7.2.11 A final plat drainage report shall be prepared in compliance with
Section 10. 12 and 10.13 of the Weld County Subdivision Ordinance.
7.2.12 The following final plat supporting documents shall be submitted as
part of a final plat application.
7.2.12. 1 An erosion control plan, if required as a result of a preliminary
plan requirement.
7.2. 12.2 Subdivision road plans prepared by a professional engineer licensed
to do work in the State of Colorado. The road plans shall be dated
and bear the signature and seal of the engineer. The road plans
shall include the following minimum data:
7.2. 12.2. 1 Plans and profiles (to suitable scale) of all roads to be improved;
7.2. 12.2.2 Typical cross section (to suitable scale) of roads, culverts, and
bridges, if applicable;
7.2. 12.2.3 Typical road section, including pavement design supported by soil
reports, test results, and computations;
7.2. 12.2.4 Typical or specific details of road intersections and cul-de-sacs;
7.2. 12.2.5 A complete estimate of costs shall accompany the road plan; and
7.2. 12.2.6 All road plan information shall be complete and sufficient for
review by the County Engineer.
7.2.13 A certificate from the County Treasurer showing no delinquent taxes
for the final plat area.
7.2. 14 A title commitment or a title opinion covering all public
dedications.
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7.2. 15 A warranty deed, if required, deeding to the appropriate entity any
lands to be used for the benefit of the public or owners and future
owners of this subdivision.
7.3 Final plat processing and review procedure
7.3. 1 If the final plat application complies with the approved
preliminary plan application, the planner shall notify the Clerk to
the Board to schedule a Board hearing date not more than thirty
(30) days after a complete application has been submitted. If the
final plat application does not comply with the preliminary plan
application, the planner may refer the application to the
appropriate referral agency and notify the Clerk to the Board to
schedule a Board hearing date not more than sixty (60) days after
the complete application has been submitted.
7.3. 1. 1 The Clerk to the Board shall give notice of the application for a
final plat and the Board's public hearing date to those persons
listed in the application as owners of property located within
five-hundred (500) feet of the parcel under consideration. The
notification shall be mailed, first class, not less than ten (10)
days before the scheduled public hearing;
7.3. 1.2 The Clerk to the Board shall give notice of the application for a
final plat and the Board's public hearing date to those persons
listed in the application as owners and lessees of the mineral
estate on or under the parcel under consideration. The
notification shall be mailed, first class, not less than ten (10)
days before the scheduled public hearing;
7.3. 1.3 The planner shall provide a sign for the applicant to post on the
property under consideration for a final plat. The sign shall be
posted adjacent to and visible from a publicly maintained road
right-of-way. The applicant shall post one sign in the most
prominent place on the property and post a second sign at a point
where a driveway (access drive) intersects a publicly maintained
road right-of-way. The sign shall be posted by the applicant, who
shall certify that the sign has been posted for the ten (10) days
preceding the hearing date. Each sign shall show the following
information:
7.3. 1.3. 1 The assigned final plat application number;
7.3.1.3.2 The date, time, and place of the public hearing;
7.3. 1.3.3 The phone and location of the Department of Planning Services;
7.3.1.3.4 The applicant's name;
7.3. 1.3.5 The acreage of the parcel under consideration; and
7.3.1.3.6 The type of request.
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7.3.1.4 The Clerk to the Board shall arrange for legal notice of the Board
hearing published in the newspaper designated by the Board for
publication of notices. The date of publication shall be at least
ten (10) days prior to the hearing.
7.3.2 The planner shall prepare comments for use by the Board addressing
all aspects of the application including:
7.3.2. 1 Compliance with the Weld County Comprehensive Plan;
7.3.2.2 Comments received from referral agencies, if applicable;
7.3.2.3 That definite provision has been made for a water supply that is
sufficient in terms of quantity, dependability, and quality to
provide water for the subdivision including fire protection;
7.3.2.4 That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal
are proposed, evidence that such systems will comply with state and
local laws and regulations which are in effect at the time of
submission of the subdivision;
7.3.2.5 That streets within the subdivision are adequate in functional
classification, width, and structural capacity to meet the
traffic requirements of the subdivision;
7.3.2.6 That off-site street or highway facilities providing access to the
subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the
subdivision;
7.3.2.7 That facilities providing drainage and stormwater management are
adequate;
7.3.2.8 The subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and
police protection, hospital, solid waste disposal, and other
services;
7.3.2.9 The subdivision will not cause air pollution violations based on
Colorado Department of Health standards;
7.3.2.10 The subdivision conforms to the subdivision design standards of
Section 10; and
7.3.2.11 The subdivision will not have an undue adverse effect on wildlife,
its habitat, the preservation of prime agricultural land, and
historical sites.
7.3.3 The Board shall hold a public hearing to consider the application
and to take final action thereon. In making a decision on the final
plat application, the Board shall consider the recommendation of
the Department of Planning Services, the facts presented at the
public hearing and the information contained in the official
record, including the planner's case file.
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7.3.3. 1 The applicant has the burden of proof to show that the standards of
Section 7.3.3.1.1 through 7.3.3.1. 11 are met. The applicant shall
demonstrate:
7.3.3.1.1 Compliance with the Weld County Comprehensive Plan;
7.3.3. 1.2 That comments received from referral agencies have been addressed,
if applicable;
7.3.3. 1.3 That definite provision has been made for a water supply that is
sufficient in terms of quantity, dependability and quality to
provide water for the subdivision including fire protection;
7.3.3. 1.4 That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal
are proposed, evidence that such systems will comply with state and
local laws and regulations which are in effect at the time of
submission of the subdivision;
7.3.3. 1.5 That streets within the subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic
requirements of the proposed subdivision;
7.3.3.1.6 That off-site street or highway facilities providing access to the
proposed subdivision are adequate in functional classification,
width, and structural capacity to meet the traffic requirements of
the proposed subdivision;
7.3.3. 1. 7 That facilities providing drainage and stormwater management are
adequate;
7.3.3. 1.8 The subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and
police protection, hospital, solid waste disposal, and other
services;
7.3.3. 1.9 The subdivision will not cause air pollution violations based on
Colorado Department of Health standards;
7.3.3. 1.10 The proposed subdivision conforms to the subdivision design
standards of Section 10; and
7.3.3. 1. 11 The subdivision will not have an undue adverse effect on wildlife,
its habitat, the preservation of prime agricultural land, and
historical sites.
7.3.4 The Board's final decision will be by resolution. A record of such
action and a copy of the resolution will be kept in the files of
the Clerk to the Board. The planner shall record an approved final
plat and resolution with the County Clerk and Recorder.
7.3.5 No final plat shall be considered approved and eligible for
recording until the Board has approved a subdivision improvements
agreement.
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7.4 The Board may, without a hearing or compliance with any of the
submission, referral, or review requirements of this ordinance,
approve a correction plat if the sole purpose of such correction
plat is to correct one or more technical errors in an approved
plat. The correction plat shall be consistent with the approved
final plat. Section Seven (7) shall be followed when proposing
other changes to a recorded final plat.
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SECTION 8: RESUBDIVISIONS
8.1 The resubdivision process is used to propose changes to an approved
or recorded subdivision plat, map, plan, or unincorporated
community legally filed prior to adoption of any regulations
controlling subdivisions. The resubdivision section describes
three procedures for proposing changes to lots, lot lines, streets,
areas reserved for public use, and utility and drainage easements.
The minor resubdivision process is described in Section 8.2. The
resubdivision process for changes to lot lines only is described in
Section 8.3. The resubdivision process for the purpose of
redesign, addition of new lots, or vacation of all or a portion of
a subdivision is described in Section 8.4.
8.2 The minor resubdivision process permits the vacation of certain
roads, streets, or alleys. A minor resubdivision proposal with
complex parcel configurations, ownership patterns, or which cannot
comply with Section 8.2.1 through 8.2.3 shall be required to use
the resubdivision procedure described in Section 8.4 The minor
resubdivision process shall be used when the following conditions
apply:
8.2. 1 There is right-of-way shown on an approved plat or map that has not
been used for its intended purpose for the last 21 years or since
the recording of the approved plat;
8.2.2 Seventy (70) percent of the landowners adjacent to the proposed
right-of-way vacation waive any objection to the vacation by
signing a petition; and
8.2.3 The vacation shall only be permitted when it is compatible with the
surrounding area and uses, is consistent with efficient and orderly
development, is consistent with the Weld County Comprehensive Plan,
and does not deprive any parcel of adequate access to a public road
or street right-of-way.
8.2.4 The vacation of any right-of-way may require the reservation of an
easement for public utility or drainage purposes in order to meet
the easement requirements of Section 10.5.
8.2.5 The following information shall be submitted as part of the minor
resubdivision application:
8.2.5. 1 An application form provided by the planner;
8.2.5.2 A certified list of the names, addresses, and the corresponding
parcel identification numbers assigned by the Weld County Assessor
to the owners of property adjacent to the road, street, or alley
considered for vacation. The list shall be compiled from the
records of the Weld County Assessor, title company, or an attorney.
If the list was assembled from the records of the Weld County
Assessor, the applicant shall certify the list was assembled within
thirty (30) days of the application submission date;
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8.2.5.3 A petition signed by seventy (70) percent of the property owners
adjacent to the property under consideration;
8.2.5.4 A written explanation of the application and reason for proposing
the right-of-way vacation; and
8.2.5.5 A written statement explaining all lots and parcels adjacent to the
proposed right-of-way vacation meet the utility easement standards
of Section 10.5 of this Ordinance.
8.2.5.6 Minor resubdivision map requirements.
8.2.5.6. 1 The dimensions of the minor resubdivision map shall be twenty-four
(24) inches by thirty-six (36) inches or eighteen (18) inches by
twenty-four (24) inches.
8.2.5.6.2 The minor resubdivision map shall be drawn at a suitable scale.
The sketch shall include the proposed right-of-way vacation, the
resulting lot configuration, the location and measurements of all
utility easements and drainage features. A poorly drawn or
illegible sketch is sufficient cause for its rejection.
8.2.6 Minor resubdivision review procedure.
8.2.6. 1 Upon receipt of a complete minor resubdivision application, the
planner will schedule the request before the Board within 30 days.
In the event a utility easement is affected, the planner shall
schedule the request on the first available Utilities Coordinating
Advisory Committee meeting before presenting the request to the
Board.
8.2.6.2 The planner shall give notice of the application for a minor
resubdivision and the meeting date to those persons listed in the
application as owners of property adjacent to the vacation property
under consideration. The notice shall be mailed, first class, not
less than ten (10) days before the scheduled meeting.
8.2.6.3 A recommendation for the application shall be prepared by the
planner. The recommendation shall address all aspects of the
application including its conformance to Section 8.2.1 through
8.2.4 of this Ordinance.
8.2.6.4 The Board shall consider all aspects of the application, including
its conformance to Sections 8.2.1 through 8.2.4, and the
recommendation from the planner. If the Board approves the
request, a copy of the application and sketch shall be kept on file
with the Clerk to the Board. The Board's resolution and minor
resubdivision map shall be recorded in the office of the Weld
County Clerk and Recorder.
8.3 Resubdivision process for changes to lot lines only This process
is not to be used for lot line changes that create additional lots,
affect existing road right-of-way, or affect approved subdivision
drainage easements.
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8.3. 1 The following information shall be submitted as part of the
resubdivision process for lot lines only:
8.3. 1.1 An application form provided by the planner;
8.3. 1.2 A copy of a deed or legal instrument identifying the applicant's
interest in the property under consideration. If an authorized
agent signs the application for the fee owner(s) , a letter granting
power of attorney to the agent from the property owner(s) shall be
provided;
8.3. 1.3 A letter explaining the lot line revision request and how the
revision complies with the approved final plat. The letter shall
also address how the lot line revision complies with the adopted
rules, regulations, and ordinances currently in force and affecting
the subdivision;
8.3.1.4 A copy of the approved recorded plat showing the property under
consideration for the resubdivision; and
8.3. 1.5 A resubdivision plat map. The resubdivision plat map shall be
prepared in accordance with Section 7.2.6 through 7.2.11 of this
ordinance, except it shall show only the property under
consideration for the resubdivision. If a utility easement is
affected by a lot line revision, the easement shall be shown on the
resubdivision plat map in accordance with this ordinance.
8.3.2 Review procedures for resubdivisions, lot lines only.
8.3.2. 1 Upon receipt of a complete resubdivision application, the planner
will schedule the request before the Board within 30 days.
8.3.2.2 In the event a utility easement is affected, the planner shall
schedule the resubdivision request on the first available Utilities
Coordinating Advisory Committee meeting before presenting the
request to the Board.
8.3.2.3 The planner shall prepare a recommendation for use by the Board.
The recommendation shall address the following:
8.3.2.3. 1 How the lot line revision complies with the approved recorded final
plat; and
8.3.2.3.2 How the application complies with the adopted rules, regulations,
and ordinances currently in force and affecting the subdivision.
8.3.2.4 The Board shall review the request and the staff recommendation and
make a decision on the resubdivision. In making a decision, the
Board shall consider if the resubdivision request complies with the
approved final plat and if it complies to the adopted rules,
regulations, and resolutions currently in force and affecting the
subdivision. If the Board determines the request complies with the
applicable requirements, it shall endorse the resubdivision plat as
provided in Section 7.3.4 of this Ordinance.
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8.4 Resubdivision process for the purpose of redesign, addition of new
lots, or vacation of all or portions of a subdivision shall follow
the submittal requirements provided in Section 7. The planner
shall also refer the application to appropriate referral agencies
and notify the Clerk to the Board to schedule a Board hearing date
not more than sixty (60) days after the complete application has
been submitted. The resubdivision utility map and plat shall show
only the property under consideration for the resubdivision. If an
application requirement is not applicable to the proposed
resubdivision, it may be waived by the planner.
8.4. 1 In addition to the requirements of Section 7, the following
application information shall be submitted:
8.4.1. 1 A resubdivision application form provided by the planner. This
replaces the final plat application form;
8.4. 1.2 A letter explaining the resubdivision request. The letter shall
explain how the proposed resubdivision complies with the approved
final plat. The letter shall also explain how the resubdivision
complies with the adopted rules, regulations, and ordinances
currently in force and affecting the subdivision;
8.4. 1.3 A copy of the recorded final plat; and
8.4. 1.4 All public easements or rights-of-way proposed to be vacated shall
be identified and shown in hatch line form, on the resubdivision
plat to be recorded. A legal description shall also be provided
for any public easement or right-of-way not parallel to a lot line.
8.4.2 A resubdivision application shall be processed and reviewed by the
planner and Board in accordance with Sections 7.3 through 7.4 of
this Ordinance.
8.4.3 No lot or parcel shall be created that is less than the minimum lot
size standards set forth in Section 10.4 of this Ordinance.
8.4.4 Drainage easements or rights-of-way designed to accept drainage
shall not be changed unless supported by a drainage plan and
complete engineering data for the affected subdivision.
8.5 The Board may, without a hearing or compliance with any of the
submission, referral, or review requirements of this ordinance,
approve a correction plat if the sole purpose of such correction
plat is to correct one or more technical errors in an approved
plat. The correction plat shall be consistent with the approved
resubdivision plat.
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SECTION 9: CONFORMANCE WITH EXISTING COUNTY LAND USE REGULATIONS
9. 1 Land being subdivided shall conform with the Comprehensive Plan,
Zoning Ordinance, and other ordinances, resolutions, and
regulations in effect in the County. All plans of streets or
highways for public use, and all plans, plats, plots, and replats
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 public use or the use of purchasers or owners of lots
fronting thereon or adjacent thereto, shall be submitted to the
proper Board for review and subsequent approval, conditional
approval, or disapproval.
9.2 Acceptance of dedication of proposed streets, street rights-of-way,
or public land in an approved plat, can be made only by the Board.
The approval of a plat shall not be deemed as acceptance of
dedicated streets or public lands for maintenance. The dedication
of any of these lands for public use of any nature within Weld
County shall be accepted by the Board only by specific action.
9.3 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. 30-28-110(4) .
9.4 The subdivider, applicant, or owner shall submit a subdivision
improvements agreement agreeing to construct the required
improvements as shown in the application, plans, plat, and other
supporting documents. The agreement shall be made in conformance
with the Weld County policy on collateral for improvements. The
agreement shall be approved by the Board prior to recording the
final plat or resubdivision plat, if applicable.
9.5 If the subdivision is located in a planned drainage basin pursuant
with C.R.S. 30-28-106 (3) (d) , the subdivider, applicant, or owner
may be responsible for an equitable contribution to the total costs
of the drainage basin facilities. The contribution of a
subdivision may be calculated on a per acre basis and secured in
accordance with the Weld County policy on collateral for
improvements.
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SECTION 10: DESIGN STANDARDS
10. 1 All subdivisions, except minor subdivisions, approved by the Board
shall comply with the following standards.
10.2 General Standards
10.2.1 The design and development of subdivisions shall preserve, insofar
as it is possible, the natural terrain, solar access, views,
natural drainage, existing topsoil, and trees.
10.2.2 Land subject to hazardous conditions such as landslides, 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.
10.2.3 Provision shall be made to preserve groves of trees, streams,
unusually attractive topography, and other desirable natural
landscape features.
10.2.4 A subdivision shall be designed in such manner as to be coordinated
with adjoining subdivisions with respect to the alignment of street
rights-of-way, utility and drainage easements, and open spaces.
10.2.5 All subdivision designs shall be certified by a registered
professional engineer licensed in the State of Colorado.
10.3 Streets
10.3. 1 Street Requirements
10.3. 1. 1 Street Plan The arrangement, extent, width, type and location of
all streets shall be designed in relation to existing or planned
streets, topographic conditions, 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, 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.
10.3. 1.2 Through Traffic A local street shall be arranged so that its use
by through traffic will be discouraged.
10.3. 1.3 Stub Streets Not more than six (6) lots shall front on a stub
street except where a temporary cul-de-sac has been designed
according to Weld County regulations.
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10.3. 1.4 Intersections A local street shall not intersect an arterial
street. A collector street shall not intersect an arterial street
at intervals of less than 1320 feet (1/4 mile) . An interval may
vary due to parcel size limitations and would be subject to
approval by the Board.
10.3. 1.5 Alleys Service access to the interior of blocks may be permitted
upon approval of the Board.
10.3. 1.6 Driveways Driveways shall not be permitted to have direct access
to arterial streets.
10.3.1. 7 County Streets shall have the following minimum right-of-way
widths.
10.3. 1. 7. 1 Local 60 feet
10.3.1. 7.2 Collector 80 feet
10.3. 1. 7.3 Arterial 100 feet
10.3. 1.8 County Streets shall have the following minimum lane and shoulder
width.
10.3. 1.8.1 Street Lane Width Shoulder Width
10.3. 1.8.2 Local 10 feet to 11 feet 3 to 4 feet
10.3.1.8.3 Collector 12 feet 4 feet
10.3. 1.8.4 Arterial 12 feet 4 feet
10.3. 1.8.5 Lane and shoulder widths for an arterial street with an average
daily traffic count greater than 1,250 vehicles is determined on an
individual project basis.
10.3.1.8.6 Improvements to the state highway system are determined by the
Colorado Department of Transportation.
10.3.1.9 Half-Streets Half-streets shall not be permitted, except for the
following:
10.3. 1.9.1 A half-street is required to complete a half-street already in
existence;
10.3.1.9.2 The subdivider obtains for the County a dedication from the
abutting landowner of the other one-half of the street;
10.3. 1.9.3 The subdivider obtains from the abutting landowner, municipality,
or County, 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,
10.3. 1.9. 4 The subdivider guarantees the construction of the improvements on
the half-street serving the subdivision.
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10.3. 1. 10 Dead-end Streets (not cul-de-sacs) Dead-end streets shall not be
permitted.
10.3. 1. 11 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 turnaround of sixty-five (65) feet radius or more and
the outside curb or pavement edge radius must be fifty (50) feet or
more.
10.3. 1.12 Number of Streets at Intersection No more than two streets shall
intersect at one point.
10.3. 1. 13 Angle of Street Intersections 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.
10.3. 1. 14 Centerlines of Intersection Two streets meeting a third street
from opposite sides shall meet at the same point, or the centerline
of the third shall be offset at least three hundred (300) feet and
subject to approval of the Board. This requirement shall not apply
to the alignment of opposing cul-de-sac streets.
10.3.2 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.
10.3.3 Geometric Design Standards Geometric design for streets and roads
shall be in accordance with A Policy on the Geometric Design of
Highways and Streets published by the American Association of State
Highway and Transportation Officials. Specifications, standards,
or design criteria published by other governmental agencies,
professional organizations, or generally accepted authoritative
source, may be used in geometric design. All specifications,
standards, or design criteria shall be referenced and copied as
part of the submittal information.
10.3.4 Road Construction Road construction shall be designed in
accordance with the Guide for Design of Pavement Structures
published by the American Association of State Highway and
Transportation Officials. Specifications, standards, or design
criteria published by other governmental agencies, professional
organizations, or generally accepted authoritative source, may be
used in design. All specifications, standards, or design criteria
shall be referenced and copied as part of the submittal
information.
10.3.5 Design Traffic Information Traffic count information and
projections for use in geometric and road design shall be in
accordance with the Trip Generation Manual published by the
Institute of Transportation Engineers.
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10.3.6 Frontage of Arterial Streets A subdivision that adjoins or
contains an existing or proposed arterial street identified in the
Comprehensive Plan may be required to provide service roads.
10.3.7 Railroad Right-of-Way Where a subdivision borders a railroad
right-of-way, arterial, or collector street, a landscaped buffer
area of not less than twenty (20) feet may be required for adequate
reduction of noise pollution.
10.3.8 Sidewalks, Curbs, and Gutters Sidewalks shall be constructed
within a subdivision where required by the Board. Sidewalks shall
be a minimum four (4) feet in width. Curbs and gutters shall be
constructed as required by resolution of the Board.
10.3.8. 1 Where blocks or lots 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 or lots 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.
10.3.9 Block Standard The length, width and shape of a block shall be
determined with due regard to the following:
10.3.9.1 Provision of adequate building sites suitable to the special needs
of the type of use contemplated;
10.3.9.2 Requirements of the zoning ordinance as to lot sizes and
dimensions;
10.3.9.3 Need for convenient access, control, and safety of vehicular and
pedestrian traffic circulation;
10.3.9.4 Limitations and opportunities of topography; and
10.3.9.5 Maximum block length between intersecting streets shall be 1,500
feet, unless waived by the Board.
10.4 Lot Size Standards
10.4. 1 All buildable lots within a subdivision shall meet the minimum
regulations established by Weld County, the State of Colorado, and
the Federal Government.
10.4.2 Depth and width of properties designed for commercial and
industrial purposes shall be adequate to provide for off-street
parking, landscaping, screening, and loading areas when required by
the type of use and underlying zone district.
10.4.3 The minimum area and dimensions of all lots shall conform to the
requirements of the applicable zone district.
10.4.4 No single lot shall be divided by a municipal or county boundary
line.
10.4.5 A lot shall not be divided by a road, alley, or other lot.
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10.4.6 Each lot shall be provided with an adequate access to an existing
public street.
10.4. 7 Corner lots shall accommodate the required building setback for
both street frontages.
10.4.8 Lots shall not be less than thirty (30) feet in width at the front
property lines.
10.4.9 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.
10.4. 10 A flag lot configuration shall be avoided when possible. The
minimum width of a flag lot appendage shall be thirty (30) feet.
10.5 Easement Standards
10.5. 1 Easements shall follow rear and side lot lines whenever practical
and shall have a minimum total width of twenty (20) feet
apportioned equally on abutting properties.
10.5.2 Where front line easements are required, a minimum of fifteen (15)
feet shall be allocated as a utility easement.
10.5.3 Easements shall be designed so as to provide efficient installation
of utilities. Special guying easements at corners may be required.
Public utility installations shall be located to permit multiple
installations within the easements to avoid cross connections,
minimize trenching, and adequately separate incompatible systems.
10.6 Sanitary Sewage Disposal Requirements
10.6. 1 The proposed subdivision shall comply with the sanitary sewage
disposal requirements of the underlying zone district. Plans for
the proposed subdivision shall be referred to the Weld County
Health Department for review. The Health Department may require
the applicant to submit additional engineering or geological
reports or data and to conduct a study of the economic feasibility
of the sewage treatment works prior to making a recommendation. No
sewage disposal system plan shall receive the approval of the Board
unless the Health Department has made a favorable recommendation.
Appeal of an unfavorable Health Department recommendation shall be
in accordance with the procedures set out in Section 3. 11 of the
Weld County Individual Sewage Disposal Regulations.
10. 7 Water Supply Water supply systems shall be provided consistent
with the standards of the requirements of this Ordinance and the
underlying zone district.
10. 7.1 Public Water Supply Systems Where a central water supply system
is provided through a municipality, a water district, water company
or association, the applicant must furnish evidence of an adequate
water supply and ability to serve the subdivision. If a new off-
site water supply system is proposed, the applicant shall provide
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a 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, prior to approval of the
subdivision.
10. 7.2 The central water supply system shall contain mains and outlets of
sufficient size and number to furnish an adequate water supply for
each lot in the subdivision.
10.8 On-site Water Systems Where individual on-lot water supply
systems are proposed for 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 that the
facilities be installed by the purchaser of said lot at the time
the principal building is constructed.
10.8.1 Where water supply systems are proposed for individual lots, a
geologic report shall be submitted and shall contain a specific
section on ground water geology prepared by a qualified ground
water geologist or engineer stating the following:
10.8. 1.1 The probability of success of wells or on-site supply systems
throughout the proposed subdivision;
10.8.1.2 The expected long-term yield of such wells or systems;
10.8. 1.3 Compliance with Colorado Revised Statutes;
10.8. 1.4 The expected depth to usable water;
10.8. 1.5 The expected quality of the anticipated water;
10.8. 1.6 Any expected significant problems of a long-term supply, including
but not limited to, pollution or long-term maintenance of such
wells or systems;
10.8. 1.7 The anticipated cumulative effect of such water use on other vested
water rights in the area; and
10.8.1.8 The report shall include such other information as required by the
planner, Planning Commission, or Board.
10.9 Fire Safety Requirements
10.9.1 The proposed subdivision application shall be referred to the
applicable fire district for review and recommendation regarding
minimum fire protection requirements. The planner, Planning
Commission, and Board shall consider the recommendation of the fire
district.
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10.10 Irrigation Ditch Requirements
10.10. 1 An existing irrigation ditch may be incorporated within the design
of the proposed subdivision. The function of the irrigation ditch
shall not be impaired. The proposed subdivision application shall
be referred to the applicable ditch company for review and
recommendation regarding minimum requirements for protecting the
ditch. The planner, Planning Commission, and Board shall consider
the recommendation of the ditch company.
10.11 Sketch Plan Storm Drainage Requirements
10. 11. 1 A sketch plan drainage report shall be submitted with the sketch
plan application submittal. The sketch plan drainage report shall
be prepared by a registered professional engineer licensed in
Colorado. The report shall be properly certified and signed by
such engineer.
10.11.2 The purpose of the sketch plan drainage report is to identify and
define conceptual solutions to existing problems or problems that
will occur on-site and off-site as a result of the proposed
subdivision.
10.11.3 The sketch plan drainage report shall be in accordance with the
following outline and contain the applicable information listed.
Failure to comply with the provisions of this section may result in
the report being rejected for review.
10. 11.3. 1 The general legal description for the proposed subdivision shall be
described.
10. 11.3.2 The general location of the proposed subdivision with respect to
adjacent public or private roads shall be described.
10. 11.3.3 The names of any developments within 1/2 mile surrounding the
proposed subdivision shall be described.
10. 11.3.4 A general description of the proposed subdivision property
including:
10.11.3.4. 1 Area in acres;
10. 11.3.4.2 Ground cover (type of trees, shrubs, vegetation) ;
10. 11.3.4.3 General topography;
10.11.3.4.4 General soil conditions;
10. 11.3.4.5 Irrigation ditches or laterals; and
10.11.3.4.6 Drainage ways.
10.11.3.5 A general description of the drainage basin and sub-basins,
including:
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10. 11.3.5. 1 The reference of any major drainage way planning study, such as
master drainage basin planning studies, flood hazard delineation
reports, and flood insurance studies or maps, if available;
10. 11.3.5.2 A discussion of major basin drainage characteristics;
10. 11.3.5.3 Identification of all nearby irrigation ditches or laterals which
will influence or be influenced by the local drainage;
10.11.3.5.4 A discussion of the historic drainage pattern of the proposed
subdivision property; and
10.11.3.5.5 A discussion of off-site drainage flow patterns and impact on the
proposed subdivision.
10.11.3.6 The drainage facility design concept and details for the proposed
subdivision, including:
10.11.3.6. 1 A discussion of compliance with off-site runoff considerations;
10. 11.3.6.2 A discussion of anticipated and proposed drainage patterns;
10. 11.3.6.3 A discussion of the content of tables, charts, figures, plates or
drawings presented in the report;
10. 11.3.6.4 A presentation of existing and proposed hydrologic conditions with
approximate flow rates entering and exiting the proposed
subdivision with all necessary preliminary calculations;
10. 11.3.6.5 A presentation of approach to accommodate drainage impacts or
existing or proposed improvements and facilities;
10.11.3.6.6 A presentation of proposed drainage facilities with respect to
alignment, material, and structure type; and
10. 11.3.6.7 A discussion of maintenance access and any other aspect of the
preliminary design.
10. 11.3. 7 All criteria, master plans, and technical information used in
support of the drainage facility design concept shall be
referenced.
10.11.3.8 A general location map shall be provided in sufficient detail to
depict general drainage patterns and identify drainage flows
entering and leaving the proposed subdivision. The map shall be at
a scale of 1 inch equals 1000 feet to 1 inch equals 8000 feet. The
map shall identify any major construction (i.e. , development,
irrigation ditches, existing detention facilities, culverts, and
storm sewers) that shall influence or be influenced by the proposed
subdivision.
10. 11.3.9 A drainage plan map of the proposed subdivision at a scale of 1
inch equals 20 feet to 1 inch equals 200 feet may be included to
better identify existing and proposed conditions on or adjacent to
the proposed subdivision.
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10.12 Storm Drainage Requirements
10. 12. 1 The purpose of the drainage report is to update the concepts and to
present the design details for the drainage facilities presented in
the sketch plan drainage report.
10.12.2 The drainage report shall be submitted with the preliminary plan
and final plat application submittals. The drainage report shall
be prepared by a registered professional engineer licensed in
Colorado. The report shall be properly certified and signed by such
engineer.
10.12.3 The drainage report shall contain all components of the sketch plan
drainage report plus additional necessary information relating to
design of specific facilities associated with the proposed
subdivision. Such additional information shall include the
following:
10.12.3.1 All criteria, master plans, and technical information used for
report preparation and design shall be referenced;
10. 12.3.2 A discussion of previous drainage studies (i.e. , sketch plan
drainage report, project master plans) for the proposed subdivision
in question that influence or are influenced by the drainage design
and how the previous studies will affect drainage design for the
site;
10. 12.3.3 A discussion of the drainage impact of site constraints such as
streets, utilities, proposed and existing structures; and
10.12.3.4 Hydrologic criteria for identification of design rainfall, runoff
calculation method, design storm recurrence intervals, and
detention discharge and storage calculation method.
10.12.4 The drainage facility design concept and details for the proposed
resubdivision, including:
10. 12.4. 1 A discussion of proposed drainage patterns;
10. 12.4.2 A discussion of compliance with off-site runoff consideration;
10.12.4.3 A discussion of the content of tables, charts, figures, plates, or
drawings presented in the report;
10. 12.4.4 A discussion of detention storage and outlet design when
applicable; and
10. 12.4.5 A presentation of an accurate, complete, current estimate of cost
of proposed facilities.
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10. 12.5 A general location map shall be provided in sufficient detail to
depict general drainage patterns and identify drainage flows
entering and leaving the proposed subdivision. The map scale shall
be 1 inch equals 1000 feet to 1 inch equals 8000 feet. The map
shall identify any major construction (i.e. , development,
irrigation ditches, existing detention facilities, culverts, and
storm sewers) that shall influence or be influenced by the proposed
subdivision.
10. 12.6 A drainage plan map of the proposed subdivision at a scale from one
inch equals 20 feet to one inch equals 200 feet shall be included.
The drainage plan map shall show the following:
10. 12.6. 1 Existing and proposed contours at two (2) feet maximum intervals.
For subdivisions involving lots greater than 1.0 acre, the maximum
contour interval shall be five (5) feet. In terrain where the
slope exceeds fifteen percent (15%) , the maximum interval is ten
(10) feet;
10. 12.6.2 Property lines and easements with purposes noted;
10. 12.6.3 Streets;
10.12.6.4 Existing drainage facilities and structures, including irrigation
ditches, roadside ditches, drainage ways, gutter flow directions,
and culverts. All pertinent information such as material, size,
shape, slope, and locations shall also be included;
10. 12.6.5 Overall drainage area boundary and drainage sub-area boundaries
relating to the proposed subdivision;
10. 12.6.6 Proposed type of street flow (i.e. , vertical or ramp curb and
gutter) , roadside ditch, gutter flow directions, and cross pans;
10. 12.6. 7 Proposed storm sewer and open drainage ways, including inlets,
manholes, culverts, and other appurtenances;
10. 12.6.8 Proposed outfall point for runoff from the developed area and
facilities to convey flows to the final outfall point without
damage to downstream properties;
10. 12.6.9 Routing and accumulation of flows at various critical points for
all storm runoff associated with the proposed subdivision;
10.12.6.10 Path(s) chosen for computation of time concentration;
10. 12.6. 11 Details of detention storage facilities and outlet works;
10.12.6.12 Location and elevation of all defined floodplains affecting the
proposed subdivision; and
10.12.6. 13 The location of all existing and proposed utilities affected by or
affecting the drainage design.
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10. 13 Storm Drainage Design and Technical Criteria
10. 13.1 The engineer is to use published material by a generally accepted
authoritative source such as the Soil Conservation Service, City of
Greeley, Urban Drainage District, or any other publication
applicable to the project. The material used must be referenced
and copied as part of the submittal information. Weld County does
not publish technical data or storm drainage design manuals.
10.13.2 All subdivision plats shall include an adequate storm drainage
system design before any such plat is recorded.
10. 13.3 The design and operation of a proposed subdivision shall ensure the
following:
10. 13.3.4 Historical flow patterns and runoff amounts will be maintained in
such a manner that will reasonably preserve the natural character
of the area and prevent property damage of the type generally
attributed to runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm runoff;
10. 13.3.5 Runoff volumes and peaks within the proposed subdivision site and
in areas affected by runoff will not exceed the runoff levels
attributable to the site in its natural state;
10. 13.3.6 The development will not impede the flow of natural water courses;
10. 13.3. 7 All low points within the proposed subdivision site are ensured
adequate drainage;
10. 13.3.8 Any drainage system proposed as part of any subdivision proposal is
based on consideration of the drainage basin as a whole and is
capable of accommodating not only runoff from the proposed
development, but also, where applicable, the runoff from areas
adjacent to and "upstream" from the subdivision proposal;
10.13.3.9 Provision exists in the design or operation of any proposed
drainage facilities to ensure suitable provisions for maintenance.
Weld County does not maintain drainage facilities; and
10. 13.3.10 Where a subdivision proposal will cause the introduction of new
pollutants into the runoff water, provision will be made for the
storage, treatment, and removal of such pollutants.
10.13.4 The storm frequencies to be used in the design of storm drainage
systems shall be obtained from the Design Storm Frequency Table
listed below.
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10. 13.4. 1 Design Storm Frequencies
Land use Design Storm Period
Residential 5 years
Open Space 5 years
Commercial 10 years
Public Buildings 10 years
Industrial 10 years
Road Crossings Conducting Drainage
Local Road 10 years
Collector Road 25 years
Arterial Road 50 years
Natural Drainage 25 years
10. 13.4.2 Storm drainage facilities designed in accordance with the above
design storm frequencies will be flooded in the event of storms
exceeding the return periods shown. In no case shall a 100-year
design storm frequency cause inundation to any structure or pose a
hazard.
10. 13.4.3 All storm water detention facilities shall be designed to detain
the storm water runoff from the fully developed subdivision from a
100-year storm and release the detained water at a quantity and
rate not to exceed the quantity and rate of a 5-year storm falling
on the undeveloped site.
10. 14 Airport Overlay District Requirements If a subdivision or portion
of a proposed subdivision is located in an airport overlay district
area, all applicable regulations of the Weld County Zoning
Ordinance shall be met.
10. 15 Flood Hazard Overlay District Requirements If a subdivision or
portion of a proposed subdivision is located in a flood hazard
overlay district area, all applicable regulations of the Weld
County Zoning Ordinance shall be met.
10. 16 Geologic Hazard Overlay District Requirements If a subdivision or
portion of a proposed subdivision is located in a geologic hazard
overlay district area, all applicable regulations of the Weld
County Zoning Ordinance shall be met.
10. 17 Planned Unit Development Overlay District Requirements If a
subdivision or portion of a proposed subdivision is located in a
planned unit development overlay district area, all applicable
regulations of the Weld County Zoning Ordinance shall be met.
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10.18 Public Sites and Open Spaces
10. 18.1 The Board of County Commissioners may require the dedication,
development, or reservation of parcels within a subdivision or PUD
plan for parks, greenbelts, or other necessary public purposes.
The type of use, lot size, and residential density shall be
considered when determining parcels for necessary public purposes.
10.18.1.1 The required acreage as may be determined according to Section
10.18 of this Ordinance 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.
10. 18. 1.2 The required acreage as determined according to Section 10. 18 of
this Ordinance may be 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.
10.18. 1.3 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 10.18. Such value shall be determined by a competent land
appraiser chosen jointly by the Board and the subdivider. The
amount collected shall be deposited in an escrow account to be
expended for parks at a later date.
10. 18.1.4 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:
10. 18.1.4. 1 For residential subdivisions, the required acreage shall equal the
expected population multiplied by 10.5 and divided by 1000.
10. 18. 1.4.2 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 or by using U.S. Census population per household
statistics.
10.19 School District Requirements
10.19. 1 A residential subdivision application shall be referred to the
applicable school district for review and recommendation regarding
school district requirements. The Department of Planning Services,
Planning Commission, and Board of County Commissioners shall
consider the recommendation of the school district.
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10.20 Underground Utilities
10.20. 1 All electric and communication utility lines and services, and all
street lighting circuits shall be installed underground, except for
the following:
10.20.2 Transformers, switching boxes, terminal boxes, meter cabinets,
pedestals, ducts and other facilities necessarily appurtenant to
such underground and street lighting facilities;
10.20.3 All facilities reasonably necessary to connect underground
facilities to existing or permitted overhead or aboveground
facilities;
10.20.4 Overhead electric transmission and distribution feeder lines and
overhead communication long distance, trunk and feeder lines,
existing or new;
10.20.5 It shall not be necessary to remove or replace existing utility
facilities used or useful in serving the subdivision; and
10.20.6 Deviations from the requirements, other than those listed above,
shall be permitted only with the approval of the Board who shall
make such approval only in cases of extreme difficulty.
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SECTION 11: RULES AND REGULATIONS FOR EXEMPTIONS
11.1 Exemption from Definition of Subdivision or Subdivided Land
11.1. 1 The Board hereby determines that land divisions which meet the
requirements for exemption in this Section 11 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. The land divisions shall follow the procedures in
this Section 11. Exemptions approved pursuant to this Section 11
shall be referred to as "Recorded Exemptions" and "Subdivision
Exemptions".
11. 1.2 The Board delegates the authority and responsibility of considering
and approving Recorded Exemptions with an administrative review
process to the planner. The planner shall approve the request for
Recorded Exemptions unless the planner finds that the applicant has
not met one or more of the Standards of Section 11.4.4. 1 through
11.4.4.6. If the planner determines that the applicant has not met
the Standards of Section 11.4.4.1 through 11.4.4.6, the request
will be scheduled before the Board in a public hearing. The Board
will consider the application and take final action on the Recorded
Exemption request.
11.2 Recorded Exemption
11.2. 1 The recorded exemption is a subdivision process used to divide a
lot, not located in an approved subdivision, into two separate
lots. Examples of when a recorded exemption may be used include
creating a lot in the agricultural zone district for a single
family residential building site, separating existing improvements
from agricultural land, and creating a lot in a commercial or
industrial zone district for existing or future development.
11.3 Submittal Requirements
The following information shall be completed and submitted to the
Department of Planning Services as part of the recorded exemption
application:
11.3.1 A recorded exemption application form provided by the planner;
11.3.2 A copy of a deed or legal instrument identifying the applicant's
interest in the property under consideration;
11.3.3 A certificate of conveyances form provided by the planner;
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11.3.4 A certified list of the names, addresses, and the corresponding
parcel identification numbers assigned by the Weld County Assessor
to 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 from 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.
11.3.5 A certified list of the names and addresses of mineral owners and
lessees of mineral owners on or under the parcel of land being
considered. The source of such list shall be assembled from the
records of the Weld County Clerk and Recorder, or from an ownership
update from a title or abstract company or an attorney, derived
from such records.
11.3.6 A water supply statement. The statement will include evidence a
water supply of sufficient quality, quantity, and dependability
will be available to serve the two proposed lots. A letter from a
water district, municipality, or a well permit are examples of
evidence;
11.3. 7 A statement explaining the proposed lots will have an adequate
means for the disposal of sewage in compliance with the
requirements of the underlying zone district and the Weld County
Health Department;
11.3.8 A description of how the property is being used. If applicable,
the description shall include approximate acreage of irrigated and
dryland crops, number and types of livestock and any existing
improvements such as the principal residence, labor home, mobile
home, barn, outbuildings, irrigation ditches, and oil well
production facilities on the property;
11.3.9 The reason for the proposed recorded exemption with an explanation
how each lot would be used;
11.3. 10 A description of the location, size, and present use of the area
where the proposed new lot will be created;
11.3. 11 A statement explaining the proposal is consistent with the Weld
County Comprehensive Plan and any adopted municipal plan, if
applicable;
11.3.12 A statement explaining the uses permitted will be compatible with
existing uses surrounding the proposed recorded exemption;
11.3.13 A statement explaining how the proposal is consistent with the
intent of the district it is located within;
11.3. 14 A statement explaining how the proposal is consistent with
efficient and orderly development; and
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11.3.15 A recorded exemption sketch map drawn at a suitable scale on a
sheet of paper 8z by 11 inches. The sketch map shall be legible
and include the following information:
11.3. 15.1 The boundary of the proposed recorded exemption property;
11.3. 15.2 The boundaries of the two lots created by the proposed recorded
exemption;
11.3.15.3 A north arrow;
11.3. 15.4 All existing and proposed driveways;
11.3. 15.5 The name of any existing roads or highways abutting the proposed
recorded exemption property;
11.3.15.6 All existing structures on the proposed recorded exemption
property. This includes principal and labor homes, mobile homes,
outbuildings, pens, irrigation ditches, and oil well production
facilities; and
11.3. 15.7 All easements or rights-of-way located on the proposed recorded
exemption property.
11.4 Duties of the Department of Planning Services The planner shall
be responsible for processing and approving recorded exemption
applications as delegated by the Board. The planner shall also
have the responsibility of ensuring all application submittal
requirements are met prior to initiating any official action. Once
a complete application is submitted, the planner shall:
11.4. 1 Send the application to referral agencies for review and comment.
The agency shall respond within fourteen (14) days after the
application is mailed. The failure of any agency to respond within
fourteen (14) days may be deemed a favorable response. All
referral agency review comments are considered recommendations to
Weld County. The authority and responsibility for approval and
denial of a recorded exemption application rests with Weld County.
The referral agencies include:
11.4. 1. 1 The Planning Commission or governing body of any municipality or
County within a three (3) mile radius of the parcel under
consideration for the proposed recorded exemption;
11.4. 1.2 Weld County Environmental Protection Services;
11.4. 1.3 Weld County Engineering Department;
11.4. 1.4 Colorado State Engineer, Division of Water Resources;
11.4. 1.5 Colorado Department of Transportation;
11.4.1.6 Any irrigation ditch company with facilities on or adjacent to the
parcel under consideration; and
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11.4. 1. 7 Any other agency or individual whose review is considered necessary
to evaluate the recorded exemption application.
11.4.2 Give notice of the application for a recorded exemption to those
persons listed in the application as owners of the property located
within five hundred (500) feet of the property under consideration.
Such notification shall be mailed first class, not less than ten
(10) days after receipt of the complete application. The 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 the list or the Department of Planning
Services in sending the notice shall not create a jurisdictional
defect in the review process even if such error results in the
failure of a surrounding property owner to receive the
notification. The failure of a surrounding property owner to
respond within fourteen (14) days from the date of mailing of the
notice may be deemed a favorable response to the Department of
Planning Services.
11.4.3 Give notice of the application for a recorded exemption to those
persons listed in the application as owners and lessees of the
mineral estate on or under the property under consideration. Such
notification shall be mailed, first class, not less than ten (10)
days after receipt of a complete application. The notice is not
required by Colorado State Statute and is provided as a courtesy to
the owners and lessees of the mineral estate on or under the
property. Inadvertent errors by the applicant in supplying the
list or the Department of Planning Services in sending the notice
shall not create a jurisdictional defect in the review process even
if such error results in the failure of an owner and lessees of the
mineral estate to receive the notification. The failure of an
owner or lessee of the mineral estate on or under the property
under consideration to respond within fourteen (14) days from the
date of mailing of the notice may be deemed a favorable response to
the Department of Planning Services.
11.4.4 The planner shall prepare a staff recommendation within thirty (30)
days receipt of a complete application. The planner's
recommendation shall consider comments received from referral
agencies and be used to determine if the application complies with
Section 11.4.4.1 through 11.4.4.6. The application shall
demonstrate:
11.4.4.1 Conformance with the Weld County Comprehensive Plan and any adopted
municipal plan when the recorded exemption application is within a
three (3) mile radius of a municipality;
11.4.4.2 Compatibility with existing surrounding land uses;
11.4.4.3 Consistency with the intent of the zone district the recorded
exemption is located within;
11.4.4.4 Consistency with efficient and orderly development;
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11.4.4.5 Compliance with the recorded exemption standards set forth in
Section 11.8; and
11.4.4.6 Adequate provision for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and the County.
11.5 Duties of the Board of County Commissioners The Board shall hold
a public hearing to consider the recorded exemption application and
to take final action thereon, if the planner has determined the
application has not met the standards of Section 11.4.4.1 through
11.4.4.6. The Board's decision shall consider the recommendation
of the planner, referral agency responses, the application case
file, and facts presented at the public hearing. The Board shall
approve the recorded exemption application unless it finds the
applicant has not met one or more of the standards of Section
11.5. 1 through 11.5.6. The applicant shall demonstrate:
11.5. 1 Conformance with the Weld County Comprehensive Plan and any adopted
municipal plan when the recorded exemption application is located
within a three (3) mile radius of a municipality;
11.5.2 Compatibility with the existing surrounding land uses;
11.5.3 Consistency with the intent of the district the recorded exemption
is located within;
11.5.4 Consistency with efficient and orderly development;
11.5.5 Compliance with the recorded exemption standards set forth in
Section 11.8; and
11.5.6 Adequate provision for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and the County.
11.6 Recorded Exemption Resolution A resolution setting forth the
decision of the Board shall 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 in Section 11. 7.
11. 7 Recorded Exemption Plat A recorded exemption plat shall be
prepared after a recorded exemption application is approved. The
plat shall be submitted to the planner for recording in the office
of the Weld County Clerk and Recorder. The plat shall meet the
following requirements:
11. 7.1 The plat shall be prepared by a registered land surveyor in the
State of Colorado;
11. 7.2 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 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
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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
sufficient scale to show all necessary detail;
11. 7.3 A photo mylar copy or diazo sensitized mylar copy of the original
ink drawing may be submitted. The material shall be at least three
(3) mils or greater in thickness;
11. 7.3. 1 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;
11. 7.4 The plat shall be titled, "Recorded Exemption No. ". The
Department of Planning Services shall fill in the appropriate
number;
11. 7.5 The plat and legal description shall include all contiguous land
owned by the applicant or as provided in accordance with Section
11.8. 7;
11. 7.6 The plat need not show the bearings, lengths, and curve data for
any lot in excess of 35 acres created through a recorded exemption
procedure provided the lot can be described without completing a
boundary survey. Any lot 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 around the perimeter of both lots. A boundary survey
shall be required for any irregular shaped lot which does not have
a natural boundary and cannot be accurately described without
standards for land surveys and plats in Title 38, Article 51,
Colorado Revised Statutes;
11.7. 7 The plat shall include a vicinity sketch map at a suitable scale.
The map shall locate the recorded exemption lots with respect to
adjacent roads and other major land features;
11. 7.8 The plat shall include an accurate drawing of the two (2) approved
lots. The smaller parcel shall be designated "Lot A" and the
larger parcel "Lot B". The acreage for "Lot A" and "Lot B" shall
be given. The acreage for "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. "Lot B" shall also be surveyed,
if required by Section 11.7.6, unless it is 35 acres or greater and
the approximate dimensions for the boundary of Lot B can be given.
Existing public rights-of-way providing access to both lots shall
be shown;
11. 7.9 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;
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11. 7. 10 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";
11. 7. 11 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, 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;
11.7. 12 The plat shall bear the following certifications:
11.7. 12.1 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 the
(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. , 19
My commission expires
Notary Public
Witness my Hand and Seal
11.7. 12.2 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.
Registered Land Surveyor, Colorado Registration It
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11.7. 12.3 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.
Chairperson of the Board of County Commissioners
Attest:
Weld County Clerk to the• Board
By: Dated:
Deputy Clerk to the Board
11. 7. 12.4 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 and Seal
11. 7. 12.5 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.
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)
11.8 Recorded Exemption Standards A recorded exemption application
shall comply with the following standards:
11.8.1 The water supply for both lots as proposed by the recorded
exemption application is adequate in terms of quality, quantity,
and dependability;
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11.8.2 An adequate sewer service is available to serve the uses permitted
on both proposed lots. The sewer service shall comply with the
requirements of the applicable zone district and the Weld County
Health Department.
11.8.3 An adequate legal access exists for both proposed lots to a public
road;
11.8.4 The proposed recorded exemption will comply with the Weld County
Zoning Ordinance, Section 50, Overlay District Regulations;
11.8.5 The minimum size of any lot proposed is not less than one (1) acre,
except where smaller lot sizes are allowed in the zone district or
where exempted by the Board of County Commissioners;
11.8.6 The decision to approve a recorded exemption may be conditioned to
mitigate impacts or address concerns of referral agencies.
Existing or future public rights-of-way shall be dedicated or
reserved in conformance with the Weld County Comprehensive Plan or
master plans of affected municipalities;
11.8. 7 The recorded exemption application shall include the total
contiguous land ownership, except in the A (Agricultural) district.
In the A (Agricultural) district when a contiguous ownership equals
at least twice the minimum lot size, a portion of the lot equal to
the minimum lot size may be used.
11.8.8 The proposed recorded exemption is not part of an approved recorded
exemption within the last five (5) years;
11.8.9 The proposed recorded exemption is not part of an approved
subdivision or recorded subdivision plat or unincorporated
community legally filed prior to adoption of any regulations
controlling subdivisions; and
11.8.10 The proposed recorded exemption does not evade the requirement and
statement of purposes as set forth in Section 1.3 of this
Ordinance.
11.9 Recorded Exemption Correction The Board or planner may approve a
correction to a recorded exemption. The correction shall only
address technical errors where such correction is consistent with
the approved plat and application.
11. 10 Amendments Any change to a previously approved recorded exemption
which is not a correction as defined in Section 11.9 shall be
processed as a new recorded exemption, if eligible.
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11.11 Subdivision Exemption
11.11. 1 Intent. 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 site, for
adjustment of property lines between two contiguous parcels,
creation of lots for the purpose of financing, or for the temporary
use of a parcel for public utility facilities.
11. 11.2 The Board delegates the authority and responsibility of considering
and approving Subdivision Exemptions with an administrative review
process to the planner. The planner shall approve the request for
Subdivision Exemption unless it finds that the applicant has not
met one or more of the standards of Section 11.15. 1.1 through
11. 15. 1.4. If the planner determines that the applicant has not
met the standards of Section 11.15.1. 1 through 11.15. 1.4 the
request will be scheduled before the Board in a public hearing.
The Board will consider the application and take final action on
the Subdivision Exemption request.
11. 12 General
11. 12. 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 or results in being less than 35
acres.
11. 12.2 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 from either of the two
habitable Recorded Exemption parcels. A minimum of two habitable
residential improvements are required before an existing
residential improvement can be removed from a parcel.
11. 12.3 No lot which is part of an approved subdivision plat or any map or
plan filed in the records of the Weld County Clerk and Recorder
prior to adoption of any regulations controlling subdivisions, or
part of any Minor Subdivision, shall be redivided or changed in any
manner by the Subdivision Exemption procedure. Such platted lots
may only be resubdivided or changed by utilizing the applicable
resubdivision process.
11. 12.4 Lots created for the purpose of mortgaging a dwelling unit shall
not result in the creation of a lot to be sold separately. Upon
termination of the mortgage arrangement, the lot shall cease to
exist. The lot shall not be less than one acre in size.
11. 13 Submission Requirements The applicant shall submit the following
on the form provided by the Department of Planning Services:
11. 13. 1 Name, address and telephone number of the fee owner(s) of the
property involved.
11. 13.2 General legal description of the total property involved.
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11. 13.3 Total acreage of the total property involved.
11.13.4 Existing land use of the total property involved.
11.13.5 Existing land use of the adjacent properties.
11. 13.6 Signatures of the fee owner(s) or their authorized agent.
11.13. 7 The applicant shall submit the following written and supporting
information:
11. 13.7. 1 A detailed description of the request and its purpose and benefits;
11.13. 7.2 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;
11. 13. 7.3 Copy of a deed or other appropriate legal instrument by which the
applicant(s) obtained interest in the property under consideration;
11. 13. 7.4 Complete and accurate legal descriptions of the parcel(s) being
created or exchanged, and new parcels which will result upon
approval of the request.
11.13.8 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.
11. 13.8.1 Plot plan of the property or properties involved showing the
proposed situation graphically.
11. 13.9 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.
11. 13.9. 1 The plat shall be prepared by a registered land surveyor in the
State of Colorado.
11. 13.9.2 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 (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.
11. 13.9.3 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.
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11.13.9.4 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.
11. 13.9.5 The plat shall include a complete and accurate legal description of
the parcel(s) being created or exchanged, and new parcels which
will result.
11. 13.9.6 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.
11.13.9. 7 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".
11.13.9.8 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.
11.13.9.9 The plat shall bear the following certifications:
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
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11.13.9.10 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 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.
11. 14 Duties of the Department of Planning Services
11. 14. 1 The planner shall have the responsibility for processing and
approving all applications for Subdivision Exemptions as delegated
by the Board. The planner shall also have the responsibility of
ensuring that all application submittal requirements are met prior
to initiating any official action as listed below.
11. 14.2 Set a Board hearing only if the planner determines that the
applicant has not met the standards of Section 11. 15. 1. 1 through
11. 15.1.4.
11. 14.3 Refer the application to any agencies or individuals whose review
the Department of Planning Services or the Board of County
Commissioners deems necessary.
11. 14.4 When, in the opinion of the planner, an applicant has not met the
standards of Section 11.15.1.1 through 11. 15.1.4, a hearing shall
be scheduled before the Board. 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 Section 11
regarding Subdivision Exemptions.
11. 14.5 Submit to the Board for review any plat required under 11.13.9 of
this Section which does not comply with the approved subdivision
exemption.
11. 14.6 Submit to the Weld County Clerk and Recorder for recording plats of
approved actions required in Section 11. 13.9.
11. 15 Duties of the Board of County Commissioners
11. 15. 1 When, in the opinion of the planner, an applicant has not met the
standards of Section 11.15.1.1 through 11. 15. 1.4, the Board shall
hold a public hearing to consider the application and to take final
action thereon. In making its decision, the Board shall consider
the recommendation of the planner, the facts presented at the
public hearing, and the information contained in the official
record. The official record shall include the planner's case file.
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The Board shall approve the request unless it finds the applicant
has not met one or more of the standards or conditions of this
Section 11. 15. The applicant has the burden of proof to show the
standards and conditions of Section 11.15 are met. The applicant
shall demonstrate:
11. 15.1. 1 The proposal is consistent with the policies of the Weld County
Comprehensive Plan;
11. 15. 1.2 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; and
11. 15. 1.3 In those instances when used pursuant to Section 11.12.2, the
request is the best alternative to dispose of existing improvements
in conjunction with the companion Recorded Exemption.
11.15. 1.4 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.
11. 15.2 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.
11. 16 Correction to a Subdivision Exemption The planner or Board may,
without a hearing or compliance with any of the submission,
referral, or review requirements of this Ordinance, 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 the correction is consistent with the
approved exemption.
11. 17 Amendments Any change to a previously approved Subdivision
Exemption which is not a "correction" as defined in Section 11. 16
above shall follow the procedures of Section 11.11.
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F 0775 MARY ANN F'F:UERgZ'EIN CLERK & RECORDER,•WELD CO,0CO
SECTION 12: UTILITIES AND IMPROVEMENTS
12.1 The following improvements shall be constructed at the expense of
the subdivider as stipulated in the subdivision improvements
agreement by the Board:
12. 1. 1 Road grading and surfacing;
12.1.2 Curbs, if required;
12. 1.3 Sidewalks, if required;
12.1.4 Sanitary sewer laterals, where required;
12. 1.5 Storm sewers or storm drainage systems, as required;
12. 1.6 Water distribution systems, where applicable;
12.1. 7 Street signs at all street intersections;
12. 1.8 Permanent reference monuments and monument boxes;
12. 1.9 Street lighting, if required;
12. 1. 10 Landscaping, where required;
12.1. 11 Underground electric and communication utility lines and services,
and all street lighting circuits, as required; and
12. 1. 12 Other facilities and requirements as may be specified in this
Ordinance by the Board.
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SECTION 13: IMPROVEMENTS AGREEMENT
13. 1 Contract No Final Plat shall be approved by the Board until the
subdivider has submitted a subdivision improvements 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 Improvements.
13.2 Off-Site Improvements The subdivider, applicant, or owner shall
install off-site road improvements as provided in this section when
it has been determined by the Board 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.
13.2. 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.
13.2.2 The off-site improvements agreement shall contain the following:
13.2.2.1 The legal description of the property to be served;
13.2.2.2 The name of the owner(s) of the property to be served;
13.2.2.3 A description of the off-site improvements to be completed by the
subdivider, applicant, or owner;
13.2.2.4 The total cost of the off-site improvements;
13.2.2.5 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.
13.2.2.6 A time period for completion of the off-site improvements;
13.2.2. 7 The terms of reimbursement; and
13.2.2.8 The current address of the person to be reimbursed during the term
of the agreement.
13.2.3 Any off-site improvements agreement shall be made in conformance
with the Weld County Policy on Collateral for Improvements.
13.2.4 If the subdivider, applicant, or owner fails to comply with the
improvements agreement, he or she forfeits the opportunity to
obtain reimbursement under this section.
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F 0777 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO/0 CO
13.2.5 When it is determined by the Board that vehicular traffic from a
subdivision or resubdivision will use a road improvement
constructed under an existing 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 cost
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
planner prior to recording the final subdivision or resubdivision
plat.
13.2.6 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 Department of
Transportation. 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 based upon the need for further off-site
road improvements.
13.2.7 The trip generation rate manual published by the Institute of
Transportation Engineers (ITE) shall normally be used for
calculating a reasonable pro rata share of the road improvement
construction costs for all subdivisions or resubdivisions. A
special transportation study shall be used for land uses not listed
in the ITE Trip Generation Manual. Any question about the number
of trips a subdivision or resubdivision will generate shall be
decided by the County Engineer.
13.2.8 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.
13.2.9 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.
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E' 0778 MARY ANN FFUERSTEIN CLERK & RECORDER WELD CO, CO
SECTION 14: VARIANCES
14.1 Hardship The Board may permit a variance as may be reasonable and
within the general purpose and intent of the rules, regulations,
and standards established by this Ordinance. The subdivider should
clearly demonstrate that physical conditions pertaining to the
parcel make literal enforcement of one or more of the provisions of
this Ordinance impracticable or will exact undue hardship.
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F 0779 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
SECTION 15: VIOLATIONS AND PENALTIES
15. 1 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 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 shall be credited to the general fund of the County.
15.2 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.
15.3 Building permits for construction on land divided in an illegal
manner subsequent to the adoption of this Ordinance shall not be
issued unless reviewed and approved by the Board. No building
permit shall be approved by the Board unless all of the following
can be shown:
15.3.1 The parcel shall be accessible from an existing public road;
15.3.2 The parcel will have access to an adequate water supply;
15.3.3 The parcel will have access to an adequate means for the disposal
of sewage;
15.3.4 The issuance of the building permit will not change the essential
character of the neighborhood;
15.3.5 The procedure defined in this Section is not being utilized for the
purpose of evading the requirements and intent of the Weld County
Subdivision Ordinance; and
15.3.6 The owner does not own a parcel of land adjacent to the subject
parcel.
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F 0780 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
SECTION 16: FEES
16. 1 Fees for all Subdivision applications provided for in this
Ordinance shall be established by resolution of the Board in
conjunction with a hearing process that will consist of a ten (10)
day public notice prior to the Board's hearing. Notice of said
hearing is to be published once in the newspaper designated by the
Board for publication notices.
16.2 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 planner. 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.
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F 0781 NARY ANN FE:UERSTEIN CLERK & RECORDER WELD CO, CO
SECTION 17: VESTED PROPERTY RIGHTS
17. 1 Purpose The purpose of this section is to provide the procedures
necessary to implement the provisions of Article 68 of Title 4,
C.R.S, as amended.
17.2 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.
17.3 Notice 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.
17.4 Approval-effective date-amendments A site specific development
plan shall be deemed approved upon the effective date of the
Board's 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 purposes 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.
17.4.1 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.
17.5 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.
17.6 Notice 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 creation 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
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F 0782 MARY ANN FELEESTBIN CLERK & RECORDER WELD CO, CO
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.
17. 7 Payment of costs In addition to any and all other fees and
charges imposed by this Ordinance, 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.
17.8 Other provisions unaffected Approval of a site specific
development plan shall not constitute an exemption from or waiver
of any other provisions of this Ordinance 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.
17.9 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.
BE IT FURTHER ORDAINED by the Board that this Ordinance shall become
effective five days after its final public notice, as provided by Section 3-14(2)
of the Weld County Home Rule Charter.
If any section, subsection, paragraph, sentence, clause or phrase of
this Ordinance No. 173 is, for any reason, held or decided to be
invalid or unconstitutional, such decision shall not effect the
validity of the remaining portions. The Board of County
Commissioners of Weld County, Colorado, hereby declares that it
would have passed this Ordinance No. 173, and in each and every
section, subsection, paragraph, sentence, clause and phrase thereof
irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
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F 0783 NARY ANN FLUERSTEIN CLERK & RECORDER WELD CO, CO
The above and foregoing Ordinance No. 173 was, on motion duly made and
seconded, adopted by the following vote on the 7th day of December, A.D. , 1992.
�" ' BOARD OF COUNTY COMMISSIONERS
ATTEST: f,/QI .' WELD COUNTY, COLORADO
lii '/ti a24-,y1
Weld County Clerk to the Board EXCUSED
` Geo e Kennedy, Chairma
&Y: R
Deputy CE to the Board Constance L. Harbert, Pro-Tem
APPROVED AS TO RM: G%��
C. W. Kir
County Attorney Gord . L
W. H. Webster
FIRST READING: November 9, 1992
PUBLICATION: November 12, 1992
SECOND READING: November 23, 1992
PUBLICATION: November 25, 1992
FINAL READING: December 7, 1992
PUBLICATION: December 10, 1992
EFFECTIVE DATE: December 15, 1992
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F 0784 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO
PO I)
WINDSOR BEACI
1«a number of dwelling units, 201460
Legal Notices 1.3.11 To prevent and control Imixoyamsoll.6931201101commercial, educational, Pavement Type:Paved
erosion,sedimentation,and recreational,or industrial uses, Number d Lanes:2
other pollution of surface and One or more security or any combination of the Lane Width:12'
QBDINANCF NO 173 subsurface water. arrangements which may be foregoing,the plan for which ShoulderWldth:4'
1.2.3 Plans and plats of accepted by the Board of may not correspond in lot size, Right of Way:80'
WELD COUNTY SUBDIVISION proposed subdivision of land 1.3.12 To prevent flood damage County Commissioners to bulk,or type d use,density,lot Additional Requirements
ORDINANCE located within the planning to persons and properties and secure the construction of off- coverage,open space,or other
jurisdiction shall be subnYRed to minimize expenditure for flood site public,improvements or restriction to the existing lend- CbWlcation:Medal
BE IT ORDAINED BY THE the planner, the Planning relit and flood control prefects. Improvements within the use regulations. Average Daily Traffic Counts:
BOARD OF COUNTY ConeNesbn and the Board for proposed subdivision 651-1,250
COMMISSIONERS OF WELD review and approval, in 1.3.13 To restrict or regulate development. Any .such Ptarvdra Cammlseinn Pavement Type.Paved
COUNTY,COLORADO: accordance with the provisions building in flood hazard overlay agreement or contract shall be Number of Lanes:2
of this Ordinance,before such district areas,sereiaade.areas made in conformance with the The Weld County Planning Lane Width:12'
WHEREAS, the Board of plats may be recorded with the covered by poor soils,or in Weld County Administrative Commission. Shoulder Width:4'
County Commissioners of the Weld County Clerk and areas poorer suited for building Policy on Collateral for Right of Wry:100'
County of Weld, State of Recorder. To ensure unkindly «construction. Improvements. preliminary Piga Additional Requirements:
Colorado,pursuant to Colorado and environmental protection,
statute and the Weld County such plans and plats shall 1.3.14 To prevent loss and 2.10'J' The map or.maps of a proposed Classiication:Arterial
Home Rule Charter,is vested conform to and follow Injury from land slides,mud subdivision and specified Average Daily Traffic Counts:
with the authority of procedures and standards as flows, and other geologic 2.11 IC' supporting materiels,drawn and Over 1,250
administering he affairs of Weld specified in this Ordinance. hazards. submitted in accordance with Placement Typs Destined on
County.Colorado,and 2.121'
1.2.4 The planner Mal maintain 1.3.15 To provide adequate io to permit
evaluation this Ordinance,e Number er pnjs: Desis
Determined
WHEREAS, the Board of an adequate numbered filing space for future de elopment d p.rsa tM prior to oPMd anin of Lanes:er:14Ss
ant proposal n d detailed on eWidth:selprmned
County Commissioners has the system for all subdivisions, schools and parks to serve the
power and adholy,under the Including copies of aft maps, popitaton; Any owner of a legal or engineering uW tlaWn. Individual project
ast b d on an
project bads
Weld County Home Rule data,and map master p property onCharterStatestatute, location (or and dudse the hen, aih ay Determined
brio
CRSincluding Article 28 of Title 30,ion refeshall be to the filinavailable
system for and provisions of an f successors,,and ts. such A raeowners or easement in Right of Way: d e ats on n
CRS, to adopt subdivision shall be made a'lnado . for adequate and safe source of owsenNp YdrMw or ownership.not dedicated licstreet Additional project bete
regulations for the public use and nnMnnen. water end means of sewage or maintained r a public Additional Requirements:
unincorporated areas of the disposal. lasaLlassommull which affords the principal Determined on an individual
County of Weld, State of 1.2.5 It shell be unlawful to IN
COlorad0,and subdivision plat with the County gFr:TInN 2. OFRNITIONS Any county, lots e d is not mo ona in more project barb
Clerk and Recorder unless a city, oy hest tout ry We and not maintaines Dy
WHEREAS, the Board of notation has been made n the 21'A' r hears,rule,whether g staits tutory W�County. Weld ubuMy-de policiesrally and
County Commissioners hereby plat by the Board certifying it governing body oga�ard, ruble Water and Public the published set the
finds and determines that there has approved the plat in c➢ Sae![ standards o es forth in h its.
Ahe place, halm final «coney Chord Colorado DNhbn M ma( and
re i nond for che su bdension acoordance with tlisOrdbnce. The leori or way r final approval authority Transmission,on, nogor the canon Mama(and
revision of ore subdivision n vehicles e age and shall over a Site Specific treatment, collection or the i Association of
Wregulations redtfor tthis
County of 1.2.6 The chief administrative have sale,adequate,to and legal Development Plan,a Including conrbdion d,facilities which are n Highway and
for the benefit of
Ordinance eh is, ands for evaluating
revising ingropensandegnnret•lot,trail, withoempowered
urbnn renewal maintained nr or published oUon Official's
forty, wlof thseared the
health, and evons of proposed span space,off-street parking urban renewal organization,
by any group, pealon policies on Qpoban
sates,and wetbredlns people subdivisions of land,and far space«use. authority. erganlntbn,
d WeldCou advisin the Planninspecial purpose of nesbn of Reared and Urban
Commission and the Board v providing it for the purpose of tlM67m9fof new certstrusetlort.
NOW, THEREFORE,BE IT concerning their acceptance or b u the members of the
group. or municipaation,lity
specialwith S116tlb
ORDAINED by the Board of denial,shall be the Planning The fee owner(*)of•parcel of The basis development aril,an district,or with
County Commissioners of Weld Director, herein celled the lend submitting en application area with fixed boundaries,used common water or sewer service Any person,firm,partnership,
County,Colorado,that: planner. for development. The lee or intended to be used by on. Makin joint venture,association or
owners) may authorize an building and its accessory corporation who shall participate
SUBDIVISION ORDINANCE 1.2.7 The planner antl have the agent to sign an application by use(s), structure(s), and/or 2.17.0' as owner,promoter,dev
eloper,
npen,
Table of Contents to s and shag be required providing a letter granting power building(s).d A lotpublic shall not be or sales agent in the planning,
me
to review subdivision al dait«naybthe agent. divided or any. idhighway,t 2./8'R' platting, development,
a
Section: 1. Title, Authority, applications ros and shall advise t street, atbe. Aid e submotion,sale or lean of a
Judadlgion and Purposes;Page prospective subdividers,on, the Aga the requirementswit of the zoning-and
j subdivision.
1 Planning Commbebn,and the district In which it is located end
Board of County Comnbsioners A water-bearing layer of sand, must have access toe public A subdivision process used to 'Subdivision'or'Subdivided
Section:2.Del' lone:Page 4 of all instances where the gravel,or porous rock street or en approved private
Subdivision Ordinance appears propose npa change Ina ord d all
Section:3.Subdivisions and to be violated or misinterpreted. 2.2'B' easel subdNhionVlat or recorded An
y any change parcel of land in the state
Minor Subdivision Process; 2.13'M' In a map or plan filedprior to which is to be used for
Page 12 1.2.8 The Department of Bay adoption of this Ordinance condominiums,apartments,or
Planning Services'staff shell war qubelvisbg controlling subdivisions- If the any other multiple-dwelling
Section:4.Minor Subdivision; have the authority and shall be The Board of County change affects any lot line,any units,unless such land when
Page 13 required to make a written report Cwnmisabners of Weld County. A procedure for subdividing a street layout on the map,or an
y e previously m subdivided was
- onapplications.
submitted ns. Thesubdivision tros of land being divided into suc reserved for public use accompanied bythese s Ring which
Section:5.Sketch Plan;Page applaGona report should 23'C no more then six(8)total bb such as utility or drainage compiled with provisions
28 address adequacy of streets,lot easements,the resubdivleion and with substantially the one
sizes, end other public Qamorehenswe PlaO Mobile or Manufactured Hamm requirements shall be followed. density,or which Is dMded into
Section:6.Preliminary Plan; improvements. The planner Exit two or more parcels,separate
Page 31 shall comment upon those Items The duly adopted Weld County Riohtof-Wa, interests, or interests in
that would improve to land use, Comprehensive Plan An area und,single ownership common, unless exempted
_Santa,7 Final Plat Page.40 traffic circulation,uty services, oc co trot aped primarily for That portion of land dedicatedto under the preceding
the resatsalon d to axes 'ship ust(gr street andi�uti y paragraphs. -Interests'shall
Section:8.ResubdNbbn;Page the future Inhabitants o e o sea for occupied purposes. the surface any and n interests in
51 subdivision. The staffs review A iota street that terminates b manufactured or le mobile has the aced land but exclude
may Include field Inspection a vehicular turnaround. A motile or home anufactred Badyna any and all subsurface interests.
Section:9.Conformance with tripe, an evaluation of the perk proposal shall be submitted
existing county Land Use proposed subdivision in relation 2,4'D' and processed according b the That portion of the street right- The terms'subdivision'and
Regulations:Page 65 to the Comprehensive Plan, procedures end requrements of of-way designed for vehicular 'subdivided land'shall not apply
Subdivision Ordinance,Zoning Jwwba 9tandardq the Planned Unit Development tramc to any division of land which
Section:10.Design Standards; Ordi ena,and en evaluation el regdnnente se dseribad in
Peel OS N Inwood en Ms eavkseernl tenikede flat M bbl spools tit Wok CeWq bang 218-8' ■stetsna, ,,, N SStbad seek d
and all enter gobbet data subdivision kpaWweat Ofarasse. eefiiRW MYIpMYIef
Mellon: 11. Rules sad r ,_t,ataadrt'-L Igsnmsats of Me adapted eras seared bads/wed
/1pWatbne for gssatptions; BirsilYiea Ordinals -
nalM M tay Sr rhea t
Paps 7b radii*era
illbaffillinlaktiffiendiall
IlailikaatidMaidgiaffilm
123 The Gard shat Pew is
&air
authority 1e requiem ahem.In �9 Reeubd at Fi
nal or t seauthorityor Usage meta/d dlepeeidan
Section: 12. Utilities sad the.... fly pa Sisal On An area platted late Isla Blnhidb 1_. hcillse Sigh is Seplse M the Puffier*of
Impeva.a..Pena end.easdlvMagySalhMb A erten for sale resetting in according to the adopen County has been submitted to Weld evading these regulations,the
more ma/meet the purposes of the bander or equitable title to standards and procedures and County and receives final or terms 'subdivision' and
Section: 13. Improvements the Subdivision.Ordinance as an interest in subdivided land; designed prone*for the salon conditional approval by the 'subdivided land,as defined In
Agreement;Page 85 eel forth in Section 1.3 of this an option to purchase an such lots to Individuals for Board. No other type of this Section 2.19,shall not apply
Ordinance. Interest in subdivided land;a permanent mobile or subdMabn application shall be to any division of lea/:
Section:14.Vedrcee Page 87 lease or an assignment of an mandactwsd hones. A mobil considered a Site Specific
1.210 in reviewing subdivision interest in subdivided land;or or manufactured home Development Plan. (I)Which creates parcels of
Section: 16. Violations and plans,the planner.Planning any other conveyance of an subdivision is a subdivision land,such that the land area of
Penilea Page 88 Commission,and Board shall interest in subdivided land which designed and intended primarily Ski Plan each of the parcels, when
not only insure that the intent b not made pursuant to one of fore saled lots. divided by the number of
Section:IS.Fees Page 89 and requirements of this wforegoing. The map or maps d e proposed interests in any such parcel,
Ordinance are followed,but _______bl subdivision and specified results in thidyfive or more
Section:17.Vested Property shall also determine the extent 2.5'E' supporting material drawn and acres per Interest;
Rights;Page 90 to which the goals and pollen An incorporated coy or town. submitted in acordnce with
embodied in the Comprehensive amps the sketch plan of this (II)Which could be created by
SUBDIVISION ORDINANCE Plan are net 2.14'N' Ordinance. any court in this state pursuant
WeldCcuny,Cticrado A right to use land generally to the law of eminent domain,or
1.3 SE,a established in a real estate deed 2.15'0' ≥ by operdbn of law,or by ogler
RFCTIfIN t• TITI F
or on a recorded pled to permit of any court in this state if the
A(JTNORITY II IRlgnlnTlnN 1.3.1 To assist orderly,efficient, the use of land by the public,a faz,31ffitaffiffiajkaga A public or private right-of-way Board of the county in which the
ANn PLIRPngFa and integrated development: corporation, or particular or easement
persons for specified uses. A parking space provided in a andproviding v lot,o, ptiroperty is situated is suchuch
1.1 Tide and Shortpedestrian rparcel according cco to a pending
e din ction of any t
1.3.2 safety,and promote ener the health, parking drivewaylot,parking for
motor or block,or to gNenno,din by the court and
the
general y. of Want vehiclethatis for design standards and the party opportunity ininterest
to pines h
establishing t The title l an ordinance iM residents of the County. vehicle a not located on a eleWlkstbn table listed blow. party in i the- in such
sd ales, eguMfohs My nyp,table,chart,censor dedicated stwl MN-of-way. proceeding for the purpose osp of
and standards governing the land n.3 u enure eoreorrwth the te any other r document ert or County Road System raising r the beam of court ders and,
a County, of end worth Wee saeda'bn plans w1h b a qumy edepared t attes to
Dn-Stre- ParteInn Syase it entry die esn order;and,
c to b followed forth the Colle an its pbmdw ay•ecific claim
im or ton.rn, - eta chart listed below if theboard does notfile n
procedure be by the County and various a which evidenceic de or e A parking space for a motor for nele or rebuilt
my roarda twenty
appdays ropriate er receipt
within
Board,Planner in Commission, munkpallles. must be vehicle that is located on a for new a standards County reads. twenty ythe race recet then such
and the planner applying rules,and relevant and support competent and dedicated street right-of-way. ni miim shun be notice may court, such
administering then with 1.t To ensure coordination must ned the ai position considered mistandardsnimum are action proceed before the
setting
and standards,and public t snleipal maintained by the seedNlder. 2.18'P' more stringent btthe Board are court;
solatio alhwpenaXies estabor thelished
improvement plans and by of
violation thereof as established programa. 26'F' Eson mntwnumed Commissioners or the (110 Which Iscreated by a len,
by the Sib of Colorado. Subdivision Ordinancemortgage,deed of trust,or any
1.3.5 To encourage well- at Any structure permanently other security Instruments,
1.12 The short title for planned subdivisions by - placed on or in the ground. Classification:Local
this ordinance shall be known establishing adequate standards A map and supporting materials including those expressly placed Average Daily Traffic Counts:0- (IV) Which Is created by a
and maybe cited as the'Wald for design and Improvement. of certain described land for surveying reference. 60 security or unit of interest in any
Canty SubdMelon OrdinnW. prepared in accordance with the Pavement Type Gravel investment trust regulated under
1.3.6 To Improve land survey subdivision ordinance as an p1100& Number d Lanes the laws of this state or any
1.2 Mardi t JudWMbn age monuments and records by eedrumem for recording of real Lane Width:10' other interest inn Investment
Edmund establishing standards for estate interests with the County The chief administrative official Shoulder Wklth:3' entity;
surveys and pleb. - Clerk and Reorder. employed by the Board as theRight of Way:80'
1.27 Weld Course Isenabled by
law to regulate the subdivision 1.3.7 To safeguard the interests spawn
^ea/Director. Additional Raqutemenb: M Which creates cemetery Iola
d unincorporated land within the of the public,the homeowner. PJ9glmt Classification:Local (VI)Which creates an Merest in
couny emits by venue of Title andthesubdatler. Any land area susceptible to Average Daily Traffic Counts: oil, gas, minerals,or water
30.Artkle 28 of the Colorado being Inundated by water from Al real property subject to land. 61.200 which is severed from the
Revised Statutes. 1.3.8 To secure equitable any source. An intermediate use regulation by a local Pavement Type:Gravel surface ownership of real
handing of all aubdlibin plans regional floodplain includes the government. Number of Lama 2 pr prey;
1.2.2 Any person,partnershp, by crinkling unlearnt procedures land area which is ley to be Lam Width:11'
or corporation intending to and standards. Inundated by water of an pun (Planned Ugll Shoulder Wdh:4' (VIi7Which is created by the
subdivide land as defined in intermediate regional flood. laddlgarmall Ripe d Way:80' acquisition of an Interest in land
Section 2 of this Ordinance nail 1.3.0 To prevent bee and nay Additional Requirements: in the name of a husband and
submit plans and plats as homtlre In wooded terrain. 27'Cr A zoning district which includes Potential Dust Abatement wife or other persons in Joint
required by and swilled by this 1.3.10 To preserve natural an area of land,controlled by Program tenancy or as tenants in
Ordinance to the planner,the vegetation and cover and 22 9T one or more landowners,to be common,and any such interest
Planning Commission,and the promote the natural beauty of developed under united control Clasetkallon:Collector shall be deemed as only one
. .
Board for review and amoral. the County. as'7 or development d pion of Average Daly Traffic Counts: Interesk
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Ill
b osoliteleillerrelopprop .
4,421.1 The plat Ma 710 me',miter
delineated In nea'ieSg„•whWMed.. InleadMIssa
4.4.5 If the applicant le to perdlpseM bleak lit le e an exoeple4 blejil AM be
4.2.12.2 The,laysul el tees, declass lend for*SK ree4,. dknamiseallestayspeyeefn IdentNled by•bearings and
outlets,reeds„accesses,utility parks,or other public purposes, sheet such as cronar,War,or dlstanpes
easements,and open space a letter of intent from the other product of equal quality,
salad to nearest foot'. appropriate public agency three mils or greater in 4.4.21.17 All streets shall be
elating It wB accept the lands to thickness. The size of each designated and identified by
4.2.12.3 Existing topographic bedediWed:and sheet shall be twenty-four(24) bearings and dimensions. All
contours at ten (10) foot Inches in height by tliry-six(38) street names shall be shown;
Intervals drawn from available 4.4.9 A water supply report. Inches In width. No minor
data,such as the United States The report will contain written subdivision final plat submitted 4,4.21.18 At easements that.are
Geological Survey (USGS) evidence that a water supply of shall contain any form of stick- not parallel to a lot the shall be
maps: sufficient quality,quantity,and on type material such as,but not designated and identified by
dependability will be available to limited to, 'sticky-back' or bearings and dbnensbns;
4.2.12.4 Soil types by boundary, serve the proposed minor adhesive film,kroy lettering or
accompanied by a descrlpbn of subdivision including firs taps. The drawing shall be at a 4.4.21.19 The location of
the soil type as prepared by the protection. Such evidence may scale of one(1) inch equals easements along lot lines for
Sot Conservation Sella; include,but shall not be United one-hundred(100)feet(1's water, sewer, electric, gas,
to the following: evidence of 100). telephone,and any other utilities
4.212,5 Floodplain and geologic ownership or use of existing within the proposed minor
hazard , existing water rights;historic use and 4.4.21.2 A photo coyer copy or subdivision. Utility easements
structures,utility lines,ditches, estimated yield of claimed water diazo sensitized mylar copy of shall be designed to meet Weld
streams,lakes,drainage ways, rights;amenability of existing the original Ink drawing,three County Subdivision Ordinance
vegetative cover,oil and gas rights to a change in use;and (3)mils or greater in thickness, requirements.
production facilities,and any evidence that•public water may be submitted.
other structure or feature supply is avatable. The amount 4.4.21.20 All land within the
located within the proposed of water available for use within 4.4.21.3 The minor subdivision boundaries of the minor
mina subdivision;and the minor subdivision and final plat submitted shall contain subdivision shall be accounted
feasibility of extending services the original signatures and seals for either as lots,easements,
4.2.13 Any other Information shall be Identified;and evidence of at parties required. If•photo rights-of-way,private street,or
determined to be reasonably concerning potability of the mylar copy or diazo sensitized public area.
necessary by the Department of water supply for the proposed mylar copy is submitted,the
Planning Smias that will aid in star subdivision. If water Isto original signatures and seals 4.4.21,21 The following
the review of the Minor be supplied by•water dlstrlct, must be contained thereon. certificates and seals shell be
Subdivision Sketch Plan municipally.or other agency,a placed on the minor subdivision
application. copy of a contract,or some 4.4.21.4 if a minor subdivision final plat. Provision shall be
tangible guarantee, shall be requires more than two (2) made for al seals to be placed
4.3 a)Opr Subdivision Skatrt submitted. sheets, a map showing the &pproxlnrey 2 inches from the
plan Pianism'and Review relationship of the individual minor subdivision final plat
procedure The planner shall 4.4.10 A description of the sheets shall be required. border.
be reponsbls for proeenig al proposed sewage disposal
Minor Subdivision Sketch Plan system. The description shall 4.4.21.5 All work shall comply 4.4.21.21.1 Certificate of
applications in the include an estimate of the total with the requirements of C.R.S. Dedication,Ownership,and
unincorporated areas of Weld number of gallons per day of 3&50.101,38-51-101,38.51• Maintenance:
County. The Department shall sewage to be treated by public 102,38-53-103,and 38-53-104.
also have the responsibility of sewer or the suitability of Know al men by those present
insuring all application submittal another means of disposal,If 4.4.21.6 All work shall comply that ___ being the
requirements are met prior to pukb sewer is not required. A with the requirements of the Owner(s), Mortgagee or
processing the application. copy of•contract, or other 'Bylaws and Rules of Procedure Lenholder of certain lands in
Once a complete applicetbn is tangible guarantee,providing for of the State Board of Weld County, Colorado,
submitted,the planner shall: adequate sewage treatment by Registration for Professional described asfollows: Beginning
a public sewage treatment Engineers and Professional
4,3.1 Forward•copy of the agency,shall be submitted if Lend Surveyors'and'Rules of containing
minor subdivision sketch plan public sewage treatment is Professional Conduct of the acres,more or less, have by
application to appropriate proposed. State Board of Registration for these presents laid out,platted,
referral agendeslor review;and Professional Engineers and and subdivided the same Into
4.4.11 Letters from energy and Professional Lend Surveyors- lots, as shown on this plat,
4.3.2 Schedule a meeting with utility suppliers indicating Board Policy Statements? under the name and style
the applicant within forty-five availably H services. of_______and do hereby
(45) days after a complete 4.4.21.7 The minor subdivision dedlate to the public,school
applcallon has been submitted. 4.4.12 A list of any covenants, plat shall be referenced to at district, owners and future
The purpose of the meeting will grants of easement. and least two(2)public end survey owners of tots minor subdivision
beto advise the applicant ct any restrictions imposed upon any monuments of record in all ways,public rights-of-way,
problems discovered during the land,buildings;and structures accordance with C.R.S.38-53• easements, parks and open
review of the Minor Subdivision within the proposed minor 102(7). space,and other public rights-
Sketch Plan application,discuss subdivision. of-way and easements for
consents and lass raised by 4.4.21.8 A signed copy of all pwposee shown hereon.
referral•genes,and to review 4.4.13 A copy of a Colorado Colorado Land Survey
the minor subdivision final plat Department of Transportation Maumee Records for indicated Executed this__day of
procedures.A Minor SubdNWon access permit, If a new street 'Aliquot Corners' will be A.D.,19�
_.. Sketch Plan appicatbn shall be intersects with a State Highway. submitted with be final plat in
completed prior to submitting a accordance with C.R.S.38.53- (Owner, Mortgagee, or
minor subdivision final plat 4.4.14 If applicable,a copy of an 102(2). If an'Aliquot Corner Uenholder)
applalbn. agreement signed by the indicated on the final plat Is
applicant and representative of subetadblly a described In an State of Colorado)
4.4 jaw Subdivision Fined PIS the irrigation ditch company. Sating record previously filed, )tor.
Aooliraten Process An The agreement shalt specify the and lathe pproprlate records at County of Weld)
applicant shall submit • treatment of the all. the Clerk and Recorder,•copy
compete minor subsivMSon final - of Mal rnerea ant ratan set a The feaeMng dede•Ibn wse
\°v..1 .4. 1S
r'!w!�e es+m«waF ow nals•4•ssrL/w,ww,a+wwna tli;'Cp11118frnilleh88brn jl M -_..
sY88A,,,6 e / . —BM�M�OWfy8�Y a twit eleloncMIIIePMlltrnor!.IOMIMisYb+b8istnay
LI 'elgaee tyM $ *ev
elMrlsl*etlesh MI98 _ ulssaae:sa 'L.OBIMMeriyellsBiMN
ereeq(A qM.Ylswes8ew N eleeaaM ISO lealad rsaistsabor essallaapalatg4Slor
poll al yen psi Inkerwsen elieleeeew.*.s lasear sin_ilelei Pa,peersb-4i re.sad awNbp n idea fied by the
Pit eiew by.the agency d by a police protection, or other have i subdivider
been. entlll that -We
PM below by .the:County referral ecomm are ssuvloee. proposed u and thew
-Ms
6eyesr. recommendations tothe County.. proposed wee a thew areas
' The authoriy and responsibilitydecision
o the The planner shall forward are d compatible with-a ch
441*: anlfoNs from the for making the e r apen to the official recommendation d conditions; .. -
Cegs Treasurerforshowing so approve or deny the requsw for the Planning Commission and
Margaret taxes for the minor a minor eubdveof rests with the:narration contained in the 4.5.16.6 That streets within the
slrYdMllon final plat area. the. Board of County official record,including the minor subdivision are adaquete
Canunlakxwn, planner's case file,to the Clark in troPonel d•sapoe8m;width,
4 W title commitmentglla to the Bare within ten(10)days and structure capacity to meet
late*pinion covering all public 4.5.8 The planner shall prepare from the Planning Commission tit traffic requirements of the
dons. a recommendation for the heating. minor subdivision. All roads
Planning Commission within the minor subdivision
4.4.86 A warranty deed, if addressing all aspects of the 4.6.11 The planner shall notify shall be a minimum d eighteen
lseelre4. deeding to the application including: the Clerk to the Board to (18)feet in width and shat have
lagewestate entity any lands to -schedule a Board Marion date a minimum depth of four(4)
be rtes for the benefit of the 4.5.8.1 Conformance to the not more than thirty(30)days inches of gravel base;
palls or owners and future Subdivision Ordinance for after receipt of the Planning
'eeeMd the minor subabibn. review and approval, Commission recommendation 4.5.18.7 That off-site street or
has boon submitted to the Clerk highw
4S r Subdivision Final Pig) 4.5.8.2 Comments received 1 the Board access to
the prp providingo
proposed minor
(•sa4selna and Review from referral agencies;and subdivision are adequate in
Ile The planner shall 4.5.12 The Clerk to the Board functional classification,width,
hempusbe for processing all 4.6.8.3 Comments received shell give notice of the and atnrdurel capacity to meet
miser subdivision final plat from surrounding property application for a minor the traffic requirements of the
appllCetlons in the owners and owners and lessees subdivision final plat and the minor subduibn;
vmhtesq a sted area of Weld d the mineral estate. Board's public having date to
Cerny.The planner shall also those persons listed in the 4.5.16.8 That the construction,
have the responsibility of 4.5.9 The Planning Commission application as owners of maintenance,snow removal,
bsub8 all application submittal that hold•hearing to consider property located within five- and other matters pertaining to
requirements are mat prior to the minor subdivision hundred(600)feet of Pw parcel or affecting the road and duhb-
►eseeeing the application. ayplloation. The Planning under consideration. The d-way for the minor ub9vlbn
Cass a complete applicalon Is Commission shall provide a ndNatlon shell be mailed,first are the sole resprriblly al the
stBMr 4,the plannerahal: recommendation to the Board class,not less than ten(10) land owners within be minor
concerning the minor days before the scheduled subdivision;
Ott Schedule • Planning subdivision application. The pubic hearing;
9eeeebsfon hearing date not Planning Commission's 4.5.18.9 That the minor
mere than forty-five(45)days recommendation shalt include 4.5.13 The Clerk to the Board subdivision is not part Of a minor
enesse complete application whether the applicant has shall give notice of the subdhisfon prenatal.approved
hers ban submitted unless the demonstrated Olathe standards application for a minor byWellCounty.
app4tM agrees or requests a of Sections 4.5.9.1 through subdivision final plat and the
hese•8 date more than fortyJM 4.5.9.18 have been or will be Bard's public hearing date to 4.5.16.10 That there MI be no
fear after uln ttat met. The applicant has the those persons listed in the on-street parking permitted
burden of proof to show the application as owners and within the mMor subdivision;
4.L8 Medue a hearing before standards of Sections 4.5.9.1 lessees of the mineral setae on
the Utilities Advisory through 4.5.0:16 are met. The or under the parcel under 4.5.16.11 That no additional
Cecedine ing Committee. This applicant shall demonstrate: consideration. The notification access to a County,Stns,or
herbtp shall be held prior to shall be mailed,first class,not Federal highway MI be created;
the Planning Commission 4.5.9.1 Compliance with the less than In(10)days before
Seim Weld County Comprehensive the scheduled public hewing; 4.5.18.12 That the ingress and
plan; egress to all lots within the
4.6.3 Give notice of the 4.5.14 The planner shall provide minor subdivision will be to an
oppssa'ion for a minor 4.5.9.2 That the minor satin for the applicant to poet internal road circulation wen
eu6M'Islon final plat and the subdivision wit be located in an on the property under
Pleating Commission public Urban Growth Boundary eras; consideration for Jr minor 4.5.18.13 That facilities
hewing date to those persons subdwhbn final plat. The sign providing drainage sect
lien in the application as 4.5.9.3 That definite provision snail.be posted adjacent to and storntwater management re
ewhsre of property located has been made fore public visible from • publicly adequate tor the minor
wlMlfse-hundred(5W)bet of water supply that is sufficient in maintained road right-of-way, srbdwNas
Se pasts under consideration. Worm of quantity,dependability, the applant Mall pat one sign
Smelt notification shell be and quality to provide-water for in the most prominent place on 45.18.14 That each lot within
assn,first class,-not Wes than the minor subdivision including the property and post a second 9s minor ubdeWch will be at
ion (10) days before the Pre protection; sign a•point where a driveway least two and one halt(2.6)
*MMSYd pubic hong: (access drive)intersects a ereein saw
4.5.9.4 That,if a public sewage publicly maintained road right.
4.5.4 Give notice of the dispose)system is proposed, of-way. The sign shall be 4.5.18.15 That the maximum
eppleatlon for e minor prevision has been ntadefor the posted by the appllcant,who number d.fela within the minor
swbdf Lion final pIN end the system and,if other methods of shell certify that the sign has subdivision wilt not exceed sir
►lannlag Commission public sewage disponi are propped, ban posted for the ten(10) (6)Sc and
Meng dateto those persons ssidsace tha such syaens will days preceding the hearing
NISI in the application as comply with Sate and local laws date.Eaph sign that show the 4.5.16.16 That the minor
eeaals and maces of the and regulations which are in blowing Intcrnlatlon: subdivision will not cause an
slbeilma estate-at or under the dad at the time of submission unreasonable burden on the
ZWI m finder consideration. dtheinor subdivision; 4.5.14.1 The assigned ability Slocal tcvernnienbor
M'cit'hoBHcaslon Mal' be application number; districts to provide lire and
maid,first date,net ea than 43.9.5 That all areas of the pease pwye6aa es Mbar
f4 c. 1`7
WINDSbR BEACC
form,the lolowng"formation is Identification numbers assigned existing and proposed within twenty-one(21)days may
Legal Notices (continued) required. by the Weld County pAssessor to easements. This includes be deemed to be a favorable
the owners of property of the easements for water, sewer, response to the Planning
6.2.3.1A descrpton of the type surface estate within five electric,gas,and telephone Commission. The reviews and
services than one-inch equals two of uses proposed for the hundred (500) feet of the lines. It also includes,Otitis not comments solicited by Weld
hundred feet (1' . 200'). subdivision. property subject to the limited to, irrigation ditches. County are Intended to provide
4.5.17 The Board's final Variations from this scale will application. The source of such water mains.and fke hydrants. the County with information
decision Ml be by resolution. A be acceptable in large acreage 8.2.3.2 A summary of any list shell be from the records of about the proposed preliminary
record of such action anda copy subdivisions,provided the map concerns identified during the the Weld County Assessor,or 6.2.9.2.7 A utility service plan. The Planning Commission
of the resoMbn will be kept in is clearly legible and"proved sketch plan application process an ownership update from a the statement block shall appear on and Board may consider all
the files of the Clerk to the by the planner. The dimensions with an explanation of how the or abstract company or attorney, the preliminary plan plat map. such reviews and comments
Board. The planner shall record of the sketch plan map shall be concerns will be addressed or derived from such records,or The block shall identify each and may solicit additional
an approved minor subdivision twenty-four inches by thirty-six resolved. from the records of the Weld utility company,special district, Wormed°if such information is
final plat and the Board's inches (24' x 36'). If • County Clark and Recorder. If or municipality intended to deemed necessary. The
resolution with the County Clerk subdivision requires more than 6.2.3.3 The toed number of lots the list was assembled from the service the subdivision. The reviews and comments
and Recordr two sheets,a map showing the proposed. records of the Weld County block shall Indude: submitted by a referral agency
total subdivision shall also be Assessor,the applicant shall are recommendations to the
4.5.18 No minor subdivision 6nai submitted at an appropriate 8.2.3.4 A description of the certify that such list was 6.2.9.2.7.1 The name of the County. The authority and
plat shall be considered scale.If multiple sheets are subdivision dralation system assembled within thirty(30) utility company. responsibility for making the
approved and eligible for used,a sheet Index shorting the including road width,type and days of the application decision to approve or deny the
recording until the Board has relationship of the individual depth of road base and submission date. 6.2.9.2.7.2 A dated signature request for•Preliminary Plan
approved • subdivision sheets shall be provided.The surface,width and depth of and statement from the rests with the Board. The
k provammb agreement. sketch plan map shell include borrow ditches, curb and 6.2.7 A certified list of the representative of the utility preliminary plan referral
thefolowing: gutter,valley pan,and vehicle names and addresses of company indicating one of the agendas include:
' gFCTION a gKFTCN Pt All parking arrangement. The mineral owners and lessees of following:
5.2.12.1 Title, scale, north circulation system shall include mineral owners having en 8.3.1.7.1 The Planning
5.1 An applicant shall submit a arrow,name of the subdivision, a description of any sidewalks, interest in the property under 6.2.92.7.3 Service is available, Commission or Governing Body
complete aletM plan application township, range, section, Likened".or trails consideration. The list shall of any city,town,or county
with the required number of quarter section,block and lot reflect the names of mineral 62.92.7.4 Service is available, whose boundaries are within a
application copies and numbers 8.2.3.6 A statement describing owners end I as they subject to the following specific three (3) mile radius of the
processing fee to the demon. the ownership.function,and appear on the plats or records in conditions;or parcel under consideration for a
The required number of 5.2.122 The layout of blocks, maintenance of any shoot site, the County Clerk and preliminary plan;
application copies shall be lots,outlets,roads,accesses, open pace,or park within the Recorder's Office and as they 6.2,9.2.7.5 Service is not
determined by the planar. utility easements,and open proposed subdivision. appear in the telephone salable for the subdivision. 8.3.1.7.2 Weld County
space waled togymantel foot; directory or other directory of Environmental Protection
5.2 The following completed 6.2.3.6 A description of the general use In the area of the 6.2.10 A drainage report shall Services;
information and maps ere 5.2.12.3 Existing topographic proposed water system property or on the tax recorded be prepared in compliance with
required: contours at ten (10) foot accompanied by an estivate of the Cony. the requirements of Sections 6.3.1.7.3 Weld County
intervals drawn from available thetctalanensof weer par day 10.12 and 10.13 of the Weld Engineering Deparben%
52.1 A sketch plan application data,such as the United Slabs required for domestic use and 6.2.9 Preliminary plan vicinity County SubdMaion Ordinance.
font Geological Survey (USGS) enwrgeayfle protection. map requirements. 6.3.1.7.4 Colorado Department
maps 6.3 pralines,San agdrlm of Health;
52.2 A copy of•deed or legal 82.3.7 A water emery resource 62.6.1 The dimensions of the all reviewm9Wun
instrument identifying the 5.2.12.4 Sell types by boudary. upon. The report will contain vicinity map shall be twenty-four 8.3.1.7.5 Weld County
applicant's interest in the amohpaied by•ffiesedigiond written evidence that adequate (24)inches by thirty-six(36) 6.3.1 The planner shall be Extension Office;
property under conedera8u. 8 the Si type as prepared by the water service n termed quality, Inches. The scale shat be one responsible for processing all
an authorized agent signs the Sol Cannervrlon Servicd qusntly and dependability is inch pub sit-hundred feet(1' preliminary plan applications in 8.3.1.7.6 Colorado Geological
epplicalion fort the fee owner(s), available for the type of . 600'), unless otherwise the unincorporated area of,Sunray;
•power of stormy tits the agent 62123 FM:detin and adagio subdivision proposed, Such approved by the planner. A Weld County.The planer shell
horn the p opry owners)shall hazard areas, existing evidence may include,but dal workmanlike execution of the also have the responsibility of 6.3.1.7.7 Colorado Department
be prodded. structures.coley inn,Ades not be limited to the fallowing: vicinity map shall be made in insuring all application serval"' of Transportation;
seers,lakes drainage tap, Evidence of ownership or use of every detail A poorly drawn or requirements are mot prior to
62.3 A dseerlpibn of the type of vegetative cover,oil and gas existing and proposed water illegible map is sufficient caves processing the application. 6.3.1.7.8 Colorado State
uses proposed for the production facilKNs,and any rights; historic use and for its rejedlon. Once •complete applke ,.is Division of Midis
subdPlelon. other structure or feature estimated yMd of Mimed water sedated,the planner Milk
located within the proposed rights ananablily of existing 6222 The following kfontidon 6.3.1.7.9 Colorado State
62.4A desaplgn of the type subdivision;and rights to a change in use; shell be shown on the vldnny 6.3.1.1 Schedule a Planning Engineer,Division of Water
of water system proposed for evidence that public or private map: Commission hearing data not Resources
laeubdrldrr. 62.12.6 Any other MmmWon water supply is available. The more than slay(60)days after
determined to be reasonably amount of water available for 8.2321 The perimeter outline the complete application has 8.3.1.7.10 Colorado State 09
52.5 A esiopeon of the typo of neceasey by the destined of use within the subdNWon and of the proposed subdivision. heel submitted: and Gas Conservation
n ewt eystent,,.posed for the Planning Services thud N ale in the feasibility of extending The location of di waling and Commissicar.
subdNyu, the review of the skate plan services shall be keening"and, proposed accesses to the 6.3.1.2 Schedule• hearing
evidence concerning potability proposed subdi.Wcn; before the Utilities Advisory 6.3.1.7.11 U.S.Array Corpo of
12.6 A sketch pion drainage - of the water supply for the Coordinating Committee. This Engineer'
report shall be-prepared In 52 ligggizzaaddgmag reposed subdivision. 82.922 The location and mine e hea ng wit be held pier b the
compliance with the 0ffilstagaiglig of al roads and hghwys within Planing Camdneion hearing 6.3.1.7.12 U.B. Soil
requirements dilsdkin 10.11 d 6.2.3.6 A description of the five hundred(600)feet of the Connenalon Servks
the Weld County Subdivision. 5.3.1 The pl shall be Proposed newer system. The perimeter of the proposed 6.3.1.3 Give notice of the
Ordnance, responsible for processing all description shall Include an subdNYon;and appleellen for•preliminary pan 1.3.1.7.13 The appropriate
sketch plan pplcelloe.M a setm re of the co poMlon of and the Planning Commission -school dstdst
52.7 A dewplion of the width unincorporated area of Mudd the sewage In terms of the 6292.3 The perimeter outline public hearing date to those
andype of eudeoe of as streets County. The DepaMrM dal: average pounds of bachendee and identification of persons(d e in the applpMMn 6.3.1.7.14 The appropriate fire
and sidewalks proposed within also have the responsibly of oxygen demand per day and s bdMalre,zone districts,and as owners of properly located SWIM
ee edission. Street dada kt shag at application eabrlrW total number of gain per day any spited districts within five within eve-hungred(50019911.5,, ,
requirements are, lerere.4 in regular esds w ate to et l be treated by hundred Willi) feet el'Vie 11e mall inert errMweMM t2t-Y.15- WM
Section 10 of the Weld County preened Os Willizatilvirliderlay d wheeler at We prepaid lash- aeWMatbn shsh be ecrimay deb saide we or
ender
SubdMsion0n 1moms Ora•ssayles le seer mine of diaper" s er" atrhtlurt meld.lid
M .ad lags
g 'MewedMewedb the subslseBSe per sewer is M-quires by tea (10) d•ye hefere the aedYaMaiw
5.2.8 Any nsodplaln,geologic the Weld County dale, 5.2.6 Pretkanary plea plat sahYeea psis saspr
hazard, and airport overlay 6.3.1.1 Fed• lie Orainamis rNa iaaa ela-was Yawl SY 44. WOWppgee SOS Naiad spFp6siei1
n tie VIOL OnS drag saved'
WCTION2 SktIIVWIWN
Argairniataaniali
EBOQUI
ON Thursday,December 10, 1992 17 3.1 A.ratisn Says.ye 42.1 A Mica Subdivision
throe-step review and approval Sketch Plan application tam.
process. The sketch plan
approval process. The sketch
(VIII)Which is created by the plan submittal is the first step submittal al is the etct step.instrument
A copy of e deed or MO
combination of contiguous and is deported in Section 4 of Cosubmittal pies of are the sketch plan applicant's
identifying eatinthe
parcels of land into oneagencies sere i wreferraland Pr per y end interest tithe
larger this Ordinance. After aminder aseatlwaWn. X
parcel. If the resulting parcel b conplet&.application is received, comm A r reviewmeting
an�alzedagent signs the
leas than mktyive acres in land the sketch plan should be may bet c edupublle by
area,only one interest In said completed within lac•-five MS) may pbe scheduled by a • owetleof for the fee the age)t
land shall be allowed. 11 the days. The Mal pal submittal is (3)
ile of h h is within Me.three ti Power pop tie o to the sued
resulting parcel is greater than the second step and is There miles are no antedate Me. from the eroperb nnrerlo shah
thirty-five acres in lend area, described in Section 4 of this schad public n hearings be provided.
such land area,divided the Ordinance. The final at review step. The s etthc planner roes 4.2.3 A daealgkn of the type d
number of interests in the process should be completed step. sketch plan process ones proposed for the minor
resulting parcel,must result In within sixty 80 days. The includes bythean semir.aNwa P Pose
( ) Y review p planner. After , subtllalalon.
ihrest.vE s more acres per- Plathe car shcorrect ld be oaMated c. complete esketch application is received,
interest. Easements e andon dghe- the minor
subdivision
ubapplication foes. the completed
plan review should A24A d yst d the type of
of-way shall not be considered The in de ion process (4)d withine planner
should public water system proposed
interests; is explained in Section 4 of this be days. The the rect for the minor subdivision.
Ordinance. application
consulted for the sketch
correct
(IXt Which is created ley a eppbaa in The ebidl pen sewage
sposal type tm
contract concerning the sale of SCAM/ i d• MINOR h explained nce, in Section 6 d this prop oe disposal tl system
whichpurchaser's
contingent upon ¢URMVI¢IMI¢ ONlrterKe proposed for the minor
the obtaining - suedMslart.approval to subdkls,pursuant 4.1 The minor subdivision 3.2 The preliminary plan
to this article and any applicable procedure is a process for submittal is the second step. 4.2.6 A sketch plan drainage
county regulations,the land development and review of Copes of the preliminary plan report shall be prepared in
which he is to acquire puraum subdivisions proposing • submittal are sent to referral compliance with the
to the contrast and maximum of abr(8)lots The agencies for review and requirements of Section 10.11 of
minor sabdPelslan process comment. A public meeting this Ordinance.
(X)Created by agreement to utilizes the minor subdivision may be scheduled by •
resolve uncertainty,doubt,or sketch plan application municipality if it is within three 4.2.7 A description of the width
conflict regarding•common requirements and. minor (3)miles of the subdivision site. and type of surface of alt Wrests
boundary. A boundary may be subdivision final plat The planner schedules separate proposed within the minor
determined and permanently requirementsti thin Section. public meetings before the Utility suedivebn.
established by written Coordinating Advisory
agreement of all parties 4.1.1 The minor subdivision Committee and Planning 4.2.8 Any floodplain,geologic
affected. The agreement Must process shall not be used to Commission. The Clerk to the hazard,or airport overlay district
be signed and acknowledged by further subtitle lot previous* Board schedules a public areas identified in the Weld
each properly owner as required approved as a minor meeting before the Board of County Zoning Ordinance that
for conveyance of reel estate. subdivision. The minor County Comadesionera. Aster a an located within the proposed
The agreement must be subdivision procesbahal not be complete application is received, minor subdivision.
accompanied by•pr shooing used to resubdivide a change the preliminary plan review
the replutbn of the boundary in any lot which is pan of an should be completed within sixty 4.2.0 A report identifying the
question. The plat and approved or recorded (60)days. The planner should geologic{Aerostatics in the
agreement gel be recorded as subdivision pr or any nap or
an instrument affecting real plan filed in the records of the be consulted l for the correct area of the proposed minor
hall
estate,and shalt be binding Weld County Clerk and application ktico fen' in
preliminary o auedivieTII the The report minor
upon heirs,successors,and Recorder prior to the adoption d plan explained In Section 6 of suindbdivision
oi proposed minor
this OdkMoce any geolo i ci a er affected by
assigns. this. Ordinance controlling bdivs artylicato dfor astimi An
or
subuivisionsremeni The rbe flo ed 3.3 A final plat submittal to the application for • miner
The Board may, at orto when
proposing
shot be changed third step. The Clerkmeeting ing anbdlgeolo areal Inveinclude a edit
rue antl regulations mprom os tea recur ed aubdrlgen beard she oles a Count and geological investigation
ion exempt from this m a past. minor: subdivNbn before the Board. of final
th k •identifying the Nd
def'subdivision'
on of the terms fins pleL review Commissioners. The pal of the arse for the proposed
ydivisionand"subdivided if ed review process shouldi be0) subdivision. The report shall be
land'any of land it h Theor Board may,w itola a completed within m lle (30) prepared by l• professional
determines that such divisiont is hearing the compliance bsio , er any days,provided r compels with report po gin b st. A cod/ y
not within the purposes of this rof aremNelm, isof referral,or the approved rrNshould plan. theDepartment
will be reviewedat al
definition. review requirements of this The planner the
be the wove, ollra of Natural
Ordinance,arr dives a minor spoliation
for correct Sur Colorado Th Coaldill
2.20 T lesubdivision a of the pr if the expllainea Ins. The final sued is Survey. The Colorado
ges•
cola purpose of the correction explained In Section 7 of that Geological Survey charges This one
lest. Th errors in p1 abet reviewsubnIt fee mutter b0 upon
2.22 'V' solo. The correction pat gel be 3.4 A minor subdivision is suerdNal el e miner suedMstori
consistent with the approved sublet to a twOnep review and appealerr.
Vested property 8th( minor subdivision final plat. The nw
resubdivybn requirement,shall
The right to undertake and be followed when proposing
complete the development end other changes to•recorded
use of property under the temp minor subdivision find plat.
and conditions of•Ste specific
devebprned plan. 4.2 !MOP SI IROIVISION
• SKETCH P AN APP nCATION
2.23 W PROCESS.An applicant shall
submit * comptele Minor
2.24 'X' Subdivision Sketch Plan
application with the required
225'y' number of appication copies
and appYeslen fee M Me
La'Z' pleawt'1M aeetted timer
d aBpyASeneashsoM
serwHr«corm. Tr
kilialtiealmililaillliMiallon
ad apse soap allitioneR
P
831].16 Ay ohs Msnales or
6.3.1.4 Give malls $l Ike lowlivideals whose review the
62L The prsPaed NSW el 62.8.1 The dMrWns 0 the sA6sa8w Sr a preliminary plan planner, the Planning
6•aneyr Sell mite el the OM r•p shell he drew en• and tile Plowing Commission Commission, or the Board
1766294060.nee assts *SO twr6y-tau(24)Indies by ptbib hearing date to those damn necessary.
[8.1.24hMwi••as8»ell .NOSH to the proposed thirty-six (36) inches. The persons hied hi the yplbaeon
5,2.8 A raped Menitylp the the applbam within forty-five subdivision. Cost estimates preliminary plan the be drawn as owners and bases of the 6.3.1.8 The planner shall
pale6ls ehr•redabs in the (45) days after • complete shall include,but not to fated at•seals of one inch equals mineral estate on or under the prepare•recommendation for
area of the proposed application has been submitted. b the blowing: 200 feet,yds a variation from parcel under consideration. use by the Planning
subdivision. The report shall The purpos of the meeting wt this scale Is allowed by the Such notification shall be Commission addressing all
Indicate if the proposed bob adrMthe applbala eany 8.2.3.9.1 Streets and related planning director or designee mailed,Mt des,not lees than aspects of the application
subdivision wet be affected by problems discovered during the leaden due to to size of the proposed ten (10) days before the including:
any geologic chracterWba An review of the sketch plan - development if•subdivision scheduled public hearing;
application for a minor application,discuss comments 6.2.3.9.2 Water distribution requires more than two sheets, 6.3.1.8.1 Conformance to the
subdivision shal include•soh and issues raised by referral warns; a map showing the total 6.3.1.5 Provide a sign for the Subdivision Ordinance for
and geological investigation agencies,and to review the subdivision shall also be applicant to poet on the properly review and spprovsl;
report identifying the suitability preliminary plan procedures. A 6.2.3.0.3 Storm drainage submitted at an appropriate under consideration of •
of the area for the proposed sketch plan application shal be alders scale. If multiple sheets are preliminary plan. The sign Mal 8.3.1.3.2 Comments received
subdivision. The report shall be completed prior to submitting a used, a key showing the be posted adjacent to and from referral agendas;and
prepared by a professional preliminary plan application. 6.2.3.0.4 Sewage collection relationship of the individual visible from • publicly
engineer or geologist A copy of system and sheets shall be required. A rnaiMained road right-of-way. In 6.3.1.8.3 Comments received
the report will he reviewed by SECTION R' PRPi IMINARY workmanlike execution of the the event the property under from surrounding property
the Department of Natural ELM 6.2.3.9.5 Other utilities and plat map sal be made In every consideration is not adjacent to owners and owners and lessees
Resourcee,Colorado Geological infrastructure as may be detail. A poorly drawn or a publicly maintained road right- of the mineral estate.
Survey. The Colorado 8.1 An applicant shall submit a required. Illegible map Is sufficient cause of-way,the applicant shall post
Geological Survey charges a complete preliminary plan for Its rejection. one sign In the mod prominent 6.3.1.9 The Planning
separate review fee. This application with the required 82.3.10 A list of all municipal or place on the property and pore ConvNssian shall hold a hearing
review fee must be paid upon number of application copies awn-municipal entities,public 6.2.9.2 The following Information second sign at a point where a to consider the preliminary plan
submittal of a minor subdivision and application fee to the utilities, and water service shall be shown on the driveway (access drive) application. The Planning
application. planner.The reputed number of providers located within five preliminary plan plat map: Intersects a publicly maintained Commission shall provide e
application copies shell be hundred (500) feet of the road right-of-way. The sign recommendation to the Board
6.2.10 A statement indicating If detemmed by the planner. proposed subeNWcn. 62.921 The basis of bearings, shah be posted by the applicant, concerning the preliminary plan
a potential radiation hazard north arrow,subdivision name, who shall certify that the sign application. The applicant has
exists in the area of the 6.2 The following information 6.2.4 A geologic report total acreage, and legal has been posted for the ten(10) the burden of proof to show the
proposed subdivision. shall be submitted as pert of the evaluating and predicting the description of the proposed days preceding the hearing standards of Section 6.3.1.8.1
preliminary plan application. Impact of geologic conditions subdivision; date. Each sign shall show the through 6.3.1.0.10 are met. The
5.2.11 A sketch plan vicinity affecting the proposed following information: applicant shall demonstrate:
map dull be drawn ate sub of 6.2.1 A preliminary plan subdivision. The report shall 6.2.92.2 Lots and blocks shall
one-Inch equalssix hundred feet application form provided by the also include recommendations be numbered consecutively. Lot 6.3.1.5.1 The assigned 8.3.1.9.1 Compliance with the
(1'.600'),unless otherwise planer- for mitigating impacts affecting dimensions shall be scaled to preliminary plan application Weld County Comprehensive
approved by the planner, the proposed subdivision,if the nearest foot. The area of numbers; plan;
composed of one or more 6.2.2 A copy of a title applicable. The report shall each lot shall be shown in
sheets wth an outer dimension commitment issued by•title include• soil survey of the square feet,If less than one 8.3.1.5.2 The date,time,and 6.3.1.0.2 That drinte provision
of twenty-four by thirty-six insurance company or a title proposed subdivision end a acre. If lots are greater than placed the public hearing; has been made for a water
Inches(24'x 361 showing the opinion by an attorney licensed statement concerning suitability one acre,the area shall be supply that is sufficient In tenor
following lens: to practice in the State of of soils to support proposed shown in acres; 6.3.1.5.3 The phone number of quantity,dependability and
Colorado.The dommiment or uses. The report shall be and location of the Department quality to provide water for the
5.2.11.1 The location of the opinion shall sat forth the names prepared by•qualified engineer 6.2.0.2.3 The street layout for of Planning Servbse; subdivision, Including fire
proposed subdivision and its of sit owners of properly. The or geologist and include the subdivision. All streets shall protection;
property boundaries; commitment or opinion shall information concerning depth to benerned; 6.3,1.5.4 The applicant's name;
Include•'St of all mortgages, bedrock, water table level, 6.3.1.9.3 That, If • public
5.2.11.2 The existing street and judgments,liens,easements, erosion characteristics,unstable 6.2.9.2.4 The layout of future 8.3.1.5.5 The acreage of the sewage disposal system is
highway systems within five contracts,and agreements of soils, and any other streets, adjacent to the parcel under consideration;and proposed,provision has been
hundred (600) feet of the record in Weld County affecting characteristics noted. A copy of subdMslon,shall be shown in a made for the system and, If
boundaries of the proposed the property described in the the report will be reviewed by dashed-line; 8.3.1.5.6 The type of request. other methods of sewage
subdN6M; application. If the attorney's the Department of Natural disposal are proposed,evidence
opinion or title commitment Resources.Colorado Geological 8.2.9.2.5 Contours at ten(10) 6.3.1.6 Arrange for legal notice that such systems will comply
6.2.11.3 All unimproved or discloses additional holders or Survey. The Colorado foot intervals for predominant of the Planning Commission with state and local laws and
proposed public rights-of-way owners of such mortgages, Geological Survey charges a ground slopes within the hearing published in the regulations which are in effect at
within flee hundred(600)feet of judgments,liens,easements, separate review fee. This proposed subdivision between newspaper designated by the the time of submission of the
the boundaries albs proposed contracts,or agreements,not review fee must be paid upon level and five percent (5%) Board for pubtcatio cf notices. subdivision;
subdivision; party to the application,the submittal of the preliminary plan grade. Contours at five(6)foot The dale of publication shall be
Board may repute them to join application. intervals for predominant ground at least ten(10)days prior to the 6.3.19.4 Thal streets within the
52.11.4 At pubic sower,water, in and apprved slopes over five percent(5%) hearing; subdivision are adequate in
and storm drainage systems 6.2.6 A list of any covenants, grade. Contours at one(I)foot functional classification,width,
within five hundred(600)fat of 6.2.2.1 A Certificate from the grants of easement, and intervals, If the predominant 8.3.1.7 Refer the appibaton to end structural capacity to meet
the propasdsubdMlebn:and County Treasurer showing no restrictions imposed upon any ground slopes are level. referral agencies, when the traffic requirements of the
delinquent taxes for the land,buildings,and structures Elevations shall be based on applicable, for review and subdivision;
6.2.11.6 Title, scale, north preliminary plan erea *thin the proposed subdivision. National Geodetic Survey See comment. The agencies shag
arrow,and date. Level dela;and respond within twenty-one(21) 6.3.1.9.5 That elf-site street or
6.2.3 On a separate sheet(*)of 6.2.6 A certified list of the days after the mailing of the highway facilities providing
6.2.12 A sketch plan map shell typing paper,attached to the names, addr , and the 6.2.9.2.6 The location,size,and application by the County. The access to the subdivision are
be drawn d a sole of not less preliminary plan application corresponding parcel use of all existing structures and failure of any agency to respond adequate in functional
cab .a ncaa'baq 12'.t A'
7.2.2 Armor of • Bee
eeeealleenl leaved by•$se
spear by Se.. ,US
to practice in the State of
1/1,1 Thursday,December 10, 1992 19 Catateb. The 0emMnwot or
rain shall set forth the name
8.314 The Bead sad Made e d r tenon of properly, The
classification, width, and governments or districts to inaes hawing in' eseet the orwrltment or opinion shall.
structural capacity to meet the provide fire and police effeballen ab Bast seen Waa de•net of an mortgagee,
traffic requirements of the Protection,hosPMl,solid waste thereon.In miffing decbbnr, Judgments,liens,easements,
an*b
subdivision; disposal,and other savior; the preliminary plan application. Contracts,and agreements of
the Board shall consider the record in Weld County affecting
6.3.1.9.6 That faculties providing 8.3.3.5.3 The subdivision will not reeemmeridaton of the planning the properly described in the
drainage and stormwater cause air pollution violations Commission, the facts aPplicatbn. if the attorney's
management are adequate; based on State Health p saeeted at the public hewing. opinion or title commitment
Department Standards; and the keetmetion contdiscloses aned in additional holders or
6.3.1.0.7 The subdivision will not the record, including the owners of such mortgages,
cause an unreasonable burden 6.3.3.5.9 The subdivision Planner's case file. The Judgments,liens,casements,
on the ability of local conforms to the subdivision applicant has the burden of contracts,or agreements,not
governments or districts to design standards of Section 10; proof to show that the standards party to the application,the
provide fire and police and of Sections 8.3.3.5.1 through Board may require them to join
protection.Mapksl,solid waste 6.3.3.5.10 are met. The in and approve it. The title
disposal,and ether servimg 6.3.3.5.10 The subdivision will applicant shall demonstrate the c menthe a or opinion she"be
not have an undue adverse following: cerraated within thirty(30)Jaya
6.3.1.9.8 The submission will not effect on wildlife end its habitat, prior to the application
cause air pollution violations the preservation of agricultural 6.3.3.5.1 Compliance with the submission date.
based on Colorado Department laed,and historical sites. Weld County Comprehensive
of Health standard; Plan; 7.2.3 On separate sheets
6.3.3.6 The Board of County attached to the final plat
8.3.1.9.9 The subdivision Commissioners'final decision 6.3.3.5.2 That definite provision application form,the following
conforms to the subdivision wit be by resolution. A recordof has been made for a public information S required:
design standards of Section 10; such action and a copy of the water guppy that is sufficient in
end resolution MI be kept in the flit terns of quantity,dependability, 7.2.3.1 A description of the type
of the Clrk tome Board. and quality to provide water for of uses proposed for the
6.3.1.9.10 The subdivision will the subdivision,including fire subdMSen;
not have an undue adverse fircTIf7N7• FINAL PLAT protection;effect on MUM*and its hankie, 7.2.3.2 A summary of any
the preservation of agricultural 7.1 An appkant Mal subnw• 6.3.3.5.3 That, if a public concerns identified during the
land,and historical sites. complete final plat application
sewage disposal system is preliminary plan application
with the required number of proposed,provision has been Process with an explanation of
6.3.2 The planner shall forward application copies and made for the system and, X how the concerns will be
the official recommendation of application lee to the planner. other methods of sewage addressed or method;
the Planning Commission and The required number of disposal we proposed,evidence
the information contained in the application copies shell be that such systems will comply 72.3.3 The total number of lots
official record,Including the determined by the Menner. with state and local laws and Proposed;
planner's case file,to the Clerk regulations which are In effect at
to the Board within ten(10) Preliminary plan approval must the time of submission of the 72.3.4 A description of the
days be obtained bonito Board prior subdivision; subdivision circulation system,
to eubreltng•final plat. A final including sidewalk width,road
8.3.3 The Clerk to Board of Plat shall be submitted for 6.3.3.5.4 That Moab within the width,type and depth of road
County Commlrbnan shalt approval wk1Hn on•(t)year et subdivision are adequate in surface,curb and gutter,valley
the date•prelnilary plan has functional classification,width, pan• or width and depth of
6.3.3.1 Set a Board public been approved by the Bard of and structural capacityto meet borrow dittoes,and vehicle
hearing to take place not more County Commissioners. No the traffic requirements of the Parking arrangement
Bun thirty(30)days mar receipt final plat submission shall be proposed subdivision; 7216 A statement if
of the Planning Commission accepted sifter amlratlon et the on-street o np indicating e
recommendation for one(I)year period unless an 6.3.3.6.5 That off-alto street orwillconsideration of the proposed extension of time has been highway facilities providing permitted within the proposed
pralminary plan applbatbrr grated the Board. An be
access to the subdivision are subdMson;
antedextension of time mrd y be adequate in width,h andl
7.2.3.6 A statement describing
8.3.32 Arrange for legal notice granted by the uponBoard_ classification, andand
of the hearing to o published sultan structural a the ownership,function,and
p regain of the sIe d Mar Welly to meet mat tenance d a
once In the newspaper Meione Myrna el OW dale et traffic requirements of the Macheol site.
designated by the Board for Any p1 al te plea subdivision; open spook or park within the
gobibpdon of name* To deb Any plat submitted after proposal wedNMr;
of publication shag to at least urplraion d the seacoast period drai6.3.3.5nagethe
and stormwater dedicate land for schools,rases
hoofing; goosed ,saw PMrrburY management are adequate Parks.Or other public purposes,
plan 6.3.3.3 Give notice.of the
6.3.3.5.7 The subdivision win met a letter of intent from the
epplkaeon for•pnMry plan TM final gal shall conform b cause an unreasonable of burden appropriate cept the o agency
end tin public hewing dab b
Ilse ipproved PrMmnsry Alen, on the ability of local stating it an accept lands lo
those persons listed in the The Board may approve e
Iapplication as owners of ^twilled Inch Plat If anneal "' - ` °" " r " " ''
properly located within five- Sleet kreleesni°nte in design
hundred(603 bet Of 1st parcel or changes have occurred to
under consideration. The surrounding land uses or the
notkkMcn altal h.nrud.Bret amironmaM since the time of
class,not less than ten(10) the PIeBM^sy pee rprovat
days hearinffi before the scheduled 7.2 The following information
shall Nall be submitted r pet of a
6.3.3.4 Dive notice el tin linelPietelllinsellem
application for•preiMnety plot
and the ti
ering rip b dale 7.2.1 A•final pal apostles
these person Mted le the tear inseeled Mine plstwr,
application as owners W
'lassoes of the mi wet the innererallla e�adMst a
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lees than lea 00 rye WS
the wheibd made horn
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7:2.5.5 A Monad copy a.xi' Into.*
723tl N aplesis,a sap of Cascade Land 2sfsey Mali Ofrpesit Ydnt and
es.eareesssld aped d bp.M owe Me wee Resort M leaed s 72.7.12 2 a and pad is rasa SW ts__,
giant and sapssstdxbe a AMPS Cenlerr uhf be •°coy d en prylnsles phi '. ..
,Me ilia m, MllueslaY, lebpOd at the And pd In Ma be pa Ora let esmpds_. 72.t2.2:B A cerFpbte attain
The agreement shell specify an accordance with C.R.S.38-53- purposes and of costs shall accompany the
agreed upon treatment of the 102(2). If an"Aliquot Corner' road plan;and
ditch as provided in Salon fool indicated on the final plat Is 7.2.7.13 The final plat or
this ordinance. substantially as described in an rawbdMdon plat shell contain 7.2.12.2.6 All rod pen
existing record previously filed, the following certificates and information shall be,cnlplie
7.2.3.17 Proof of an existing and in the appropriate records of seals. Provision Mel be made and sufficient for rain ley Its
easement or dedicated right-of- the Clerk and Recorder,•copy for all seals to be placed County Engineer.
way when It is contiguous to an of that monument record and a approximately 2 inches from the
easement or right-of-way of the letter of certification stating that final plat border. 7.2.13 A certificate from IM
proposed aubdMdon It is as deserted thereon shall County Treasurer shewkrp no
be submitted. 7.2.8 Certificate of Dedication, delinquent taxes for the MSS
723.18 A proposed subdivision Ownership,and Mainenence: area.
Improvements agreement 7.2.8.9 The surveyor making a
executed by the spokent. The plat shall certify on the pad that Know a men by those present 7.2.14 A tite commitment or a
agreement forms are provided it conforms with all applicable that _ ____ being the title pul'Opinion covering if e
by the planner. The agreement rules,regulations,and laws of Owner(s), Mortgagee or dedication
shall be made in accordance the State of Colorado,State Lienholder of certain lands in
Mb the Weld County policy on Board of Registration for Weld County, Colorado, 7.2.15 A warranty dad, 8
adlateralfrknprovemade. Professional Engineers and described astokes: Beginning required, deeding Is the
Professional lend Surveyors, containing appropriate entity any Weds Is
72.3.19 If applicable,an afelle and Weld County. acres,more or less,have by be used for the baneth a the
road improvements agreement these presents laid out,platted, public or owners and here
executed by the applicant.. The 7.2.6.10 The surveyor shall at and subdivided the same into owns a this subdivide&
agreement shall be in hWhr name,seal and date of lots and blocks,as drown on
accordance with Section 13.2 of cedRcalen as prescribed in the this plat,under the name and 7.3 final Dial procession
this Ordinance 'Bylaws And Rules of Procedure style of___ and do slew orrecedrs
of The State Board of hearty dedicate It the Board of
723.20 A drainage report shall Registration for Professional County Commissioners,pubs, 7.3.1 lthefinal pet appsslsn
be prepared in compliance with Engineers And Professional school district, owners and complies with the anneal
the requirements of Section Land Surveyor?. future owners of this subdivision prslkanry plan appall*M
10.12 and 10.13 of this all ways,public rghteof-way, planner shall notify the Chit*
Ordinance. 7.2.7 The final plat map shall easements,parks and open the Board to schedule's Beds
Include the folowing: space,and other public rights- hearing date not more thatilp
7.2.4 A certified list of the of-way and easements for (30)'deys after a c*lldeee
names,addresses,and the 7.2.7.1 The basis of bearings, purposesshown hereon. application has been rMdlla
corresponding parcel north arrow,subdivision,name, - if the final plat applkdtn deice
kemtsatlon numbers essgned date,total acreage,total number Executed this__day of not comply with the pr±t._
by the Wex,Caay.Assessor to of lots,name and address of the AD.,i9_. plan application,the plats
the owners of progeny of the owner(s) of record, legal may refer the septette We
surface estate within, five description,dated scat,and appropriate referral&gear sad
hundred (500) feet of the graphic scan; (Owner, Mortgagee, or notify the Clerk to the Sad 1•
property subject to the Lienhoeer) schedule•Board heal,dale
application. The source at Such not more than aMy(811 rye
Id dhai be porn the recorded 7272 The bearings,distances, Stab a Colorado) after the complete apologies
the Weld County Aeyssr,or one curve data of all perimeter has been submitted.
an ownership update front a title boundary lines shall be )es
abstract company or attorney, Indexed outside the boundary County of Weld) 7.3.1.1'The Clerk to thalaeld
delved from such resorde,or line,not inside,with the lot shall give notice el she
from the record of the Weld dimensions, When the plat is The foregoing dedication was application for•final pd sad
County Clark and Reader. If bounded by an Irregular shore acknowledged before me the Board's public heart.rte
the NM was assembled born the line or a body of water,the the.—day of - to those persons listed b se
records of the Weld County bearings and distances of a /P . application as owners el
Assessor,the applicant shell closing meander traverse shall property located within live-
artily that such list was be given and•notation made My 0rrsrseean expires hundred(500)test of the.peal
assembled within thirty(30) that the plat includes a lad to under consideration. Tbp
days of the application the waee edge or alherw a; notlication shell be mailed,It
submission did. Monty Public Class,not less than tM MM
727.3 Lob and blocks shall be days before the scheduled
7.2.6 A certified Ind of the numbered consecutively. Witness ivy Wantland Sal public imam
names and addresses of Bearings and lengths shall be
nand MUM and lessees a given for al lot lines,except for 72.9 Surveying Certlncatec 7.3.1.2 The Clark to the Marti
mineral owners having an interior lot lines where the shall give notice et We
Mora In the subtle(popery. bearings and lengths are the I, ,• appticellen for•find pled end
The eat shall relied the names sane as both end lot lines. AN Registered Professional Land the Board's pubic hale dote
d mined owners and lasses dietitians of irregularly shaped Surveyor in the State of- to those persons listed in the
as they appear on the pis of lots shall be indicated. All lot Colorado do hereby artily that application as owners sad
record in the County Clerk and lines intersecting•curve;hall the survey represented by this lessees of the mineral each a
Recorder's ONiee and its most rate N they are radial or non- plat was made under my or under the parcel ware
recent •ddresaes as they radall Bnes. Lengths shall be personal supervision and consideration. The nonage@
appear in the telephone Mown to hundredths of•feat checking. I further certify that shall be mailed,first clime as
directory or other directory of and angular dimensions and the survey end this plat less than ten(10)days beta
general use in the area of the bearings to swans of re; complies with all applicable t escheduled public heals
C% -°
g:1.t3j stew*e 181Misellen
eerelesillba adepedt le,
q 61.1d:2 Tber :•eerror +wMderank p a ilaff ereeee
4rtNtbaekrn4,""rr in t.lt>s_044/1 lrri[`1e
Walt thine—ofsub mission considered approved and sketch shall include the
O s subdivision; eligible for recording until the proposed rlghbd-way vaedlan,.1.324 The Board shall review
Board hat approved • the resulting lot configuration, the request end the staff
722.5 That streets within the subdivision improvements the location and measurements recdnmendation and make a
sebdivision are adequate In agreenert. of all utility easements and demon on the rewbdividon.
Faros:claa8katka,width, drainage features. A poorly in inking a declaim the Board
owl ehudtirat apathy to meet 74 The Board may,without a drawn or illegible sketch is shell consider 1. the
1M fraffb requirements of the hearing or compliance with any sunken cause for Its rejection. ree.bdMsion request cornetts
eedlvebn; of the eubmbelon,referral,or wish the approved final phi and
review requirements of this 8.2.6 Minor resubdivision review if it complies to the adopted
7.2.2.6 That off-site street or ordinate,approve a correction procedure. ruler, regulations, and
Mptrway facilities providing plat ti the sole purpose et such mentions curmely in force and
assess to the subdivision are correction plat le to correct one 8.2.6.1 Upon receipt of a atfepag the subdivision. 8 the
adequate in functional or more technical errors in an complete minor resubdvision Brad determines the request
Wesfiication, width, and approved plat. The correction application,the planner will complies with the applicable
*lSiral capacity to meet the pet shell be consistent with the schedule the request before the requlemeMs,It shall endorse
bre requirements of the approved final plat. Section Board within 30 days. In the the!resubdivision plat as
edlrebn; Seven (7) shall be followed event a utility easement is podded in Sullen 7.3.4 of this
when proposing other changes affected, the planner shell Ordinal.
73.t7 That facilities providing toe recorded final pet schedule the request on the filet •
#aeage and atormwater available Utilities Coordinating 8.4 flesubdwldon process for
neee`errent are adequate; aFCTlnN B; Advisory Committee meeting the•purpose of redesign,
RESUB rVIBIONB before presenting the request to addlion d new lots or vacation
7221 The subdMsbn will not - the Board. of Nor portions of a subdivision
e wes an unreasonable burden 8.1 The resubdivision process le shall follow the submittal
en the ability of local used to propose changes to an 8.2.5.2 The planner shall give requirements provided in
geeernmente or districts to approved or recorded notice of the application for a Section 7. The planner shall
rears fire and police subdivision plat,map,plan,or minor resubdivision end the alsorefer the application to
reaction,hospital,solid waste unincorporated community meeting date to those persons appropriate referral agencies
depend,and other%e1vbes legally filed prior to adoption of fisted In the application as and racy the Cerkto the Board
any regulation* controlling owners of property adjacent to to schedule a Board hearing
1323 The subdivision will not subdnions. The mubeMelon the vacation property under dale not more than sixty(60)
saes air pollution violations section describes three consideration. The notice Mw days after the- complete
not on Colorado Department procedures for proposing be mailed,first alas,not less application has been submitted.
d ieser standards; changes to lots, lot lines, than ten(10)days before the The resubdivislon utility map
streets,.areas reserved for scheduled meeting- and plat shall show only the
7.1.2.10 The subdivision public use, and utility end prop$y under consideration for
aererms to the subdivision drainege easements. The minor 8.2.6.3 A recommendation for the:resubdivision. If an
deelekstandards of Section 10; resubdivlelon process is the application shalt be prepared appnation requirement is net
sad described in Section 8.2. The by the planner. The applicable to the proposed
resubdivision process for recommendation shall address reeuldMsbn,It may be waived
712.11 The subdNelon MI not changes to lot lines only Is all aspects of the application bylbplamer.
ban an undue adverse effect Seedbed in Section tt The Including its conformance to
on wildlife. its habitat,the resubdivision precise for the Section 8.2.1 through 8.2.4 of 8.4.1 In addition to the
preservation of prime purpose of redesign,addition d this Ordinance. reqolerceme of Section 7,the
carer turel land,and historical new lots,or vacation of ail or a idbrdng epplceon kdormabn
at portion of a subdivision is &2.6.4 The Board sailconeldsr shell be submitted:
described In Section 64. all aspects of the epplicatlon,
7.23 The Board shall hold a Including its conformance to 8.4.1,.1 A rsaubdWlsion
pile bearing to consider the 8.2 The minor rewbdivialon Sections 8.2.1 through 8.24, apparition form provided by the
epgSstion and to take final prunes wets the vacation of and the recommendation from Penner. This replaces the final
erne thereon.In making• certain roads,mess,a Sys the planner. If the Board plat opiloatlon tarn
e selin on the foal plat Amine reerbdilelon proposal approves the request,awry of
appeeilon,the Board shall with complex parcel the application and sketch Mall 8.4.1;2 A letter explaining the
aes4dw the recommendation of configurations, ownership Sr kept on file with the Clerk to nwbdiWslon request. The
I artment of Planning patterns, or which cannot the Board. The Boar's letter shall sxpelw how the
w reea,the etas presented at comply with. Section 8.2.1 resolution and minor propbsed -resubdivision
the pelblle hearing and the through 8.2.3 shell be required resubdelsbn map shall be compiles with the approved final
kMumerion conlelned in the to use the rseubdivision recorded in the office of the plat. The letter shell also
enrol record,including the procedure deeereadln Section Weld County Clerk and explain how the reeubdwWon
pleneIcese The. 1.4 The miner resubdivision Recorder. coulee meth the ndspied see,
process else be used when the regulations,and ordlnMes o
7:111 The applicant has the foio
WNW d proof to cane'that the Wg conditions apply: 8.3 cureely in fern-and ending
The the eybdh4bn; •
W ierds of Section 1.3.3.t.1 8.2.1 There Is right-of-way process Is not to be mentor lot ..
t t3.3.t.f1 are met.The shown on an approved plat or line changes that create 8.4.13 A copy of,the recorded
eSRSea demonstrate: map that has not been used for additional lots,ailed existing final Mb and
ib Intended purpose for the last road right-of-way, or affect •
7.121./Compliance with the 21 years or since the recording approved subdivision drainage 64.14 AM public;eeesments or
Weld*suety Comprehensive of theapproved pleb easements. righte-of-way proposed to be
Pero vacated sell be ldenWed and
• 8.2.2 Seventy(70)percent of 8.3.1 The following information shown in hatch line form,on the
7.6.1.13 That comments the landowners adjacent to the shall be submitted as put of the resubdivision plat to be
reselved from referral agencies proposed right-of-way vacation resubdivision process for lot recorded. A legal deseeption
have been addressed, if waive any objection to the lines only: shall also be-provbso for any
ardent vacation by signing a petition; public easement or right-d-way
WINDSOR BEACON
access,control,and safety of nontributary source is
10.3.1.10 D.. nd St. .(not vehicular and pedestrian traffic reasonably available for the 10.11.3,42 Ground cover(type
Legal NOIs�C2Ss (COMjrlued) W dosecs) Dead-end aa streets circulation; future use,prior to approval d of trees,shrubs,vegetation);
not pantie to•lot in. shall not be permitted. the subdivision.
topography,and other dabble 10.3.9.4 Limitations and
natural land•capelwWrsa, 10.3.1.11 Cul-de-sac Streets opportunities of10.11.3.4.3 General topography;
8.42 A ra bdMslontopography;and system
The shall anal wisers supply
application Permanent nt more than nU o/sets fsufficient fMaln mobs and 10 ditIon 4.4 General soil
shall d ph eessed and d0.2.4 d suedIt man sher lle to ser lo no bit tran twenty betwee indmuro ing tenets number to nsh adequate
and aomditbno;
reviewed by the planner and designed in such runner q b (20)lots may be permitted and between intersecting streets number to emits an
Board in accordance with be coordinated with adjoining must be provided with a right-of- shall be 1,600 feet, unless water supply for each lot in the 10.11.3.4.5 irrigation ditches or
Sections 7.3 through 7.4 of this eubdMeions with reaped to the way turnaround of sixty4lw(85) waived by the Board. subdibbn. laterals;and
Ordbnnce. alignment of street rights-of- feet radius or more and the
way, utility and drainage outside curb or pavement edge 10.4 Lot Sin Shmdada 10.8 fa-site Water Systems 10.11.3.4.6 Drainage ways.
8.4.3 No lot Of parcel shall be easements,and open spaces. radius must be fifty(50)feet or Where individual on-lot water
created that Is less than the more. 10.4.1 At buildable lots within a supply maws are proposed for 10.11.3.5 A general description
minimum lot size standards set 10.2.5 All subdivision designs subdivision shall meet the the subdivision,the subdivider of the drainage basin and sub-
forth in Section 10.4 of this shall he certified by a registered 10.3.1.12 bunter of Streets.) minimum regulations shall install such facilities,or basins,including:
Ordinance, profaaelnal engineer licensed Jigs Senn No more then two established by Weld County,the shall require by deed restriction
In the State of Colorado, streets shall intersect at one State of Colorado, and the or otherwise as a condition of 10.11.3.5.1 The reference of
8,4.4 Drainage easements or point. Federal Govermmwnt, the sale of each lot that the any major drainage way
rights-of-my designed to accept 10.3.$ggsa facilities be installed by the planning study,such a master
drainage shall not be changed 10.3.1.13 Angle of Street 10.4.2 Depth and width of purduser of said lot at the time drainage basin planning studies,
unless nppohed by•drainage 10.3.1 Srmgeraa.gm_Ni jgtsrsectone Streets shall properties designed for the principal building is flood hazard delineation reports.
plan and complete engineering intersect at ninety(90)degrees, commercial and Industrial constructed. end flood insurance studies or
dab for the affected subdivision. 10.3.1.1 Street Pace The except where this may be purposes shall be adequate to maps,if salable;
amangeinem,extent,whth,type impractical. Angles of less than provide for off-street parking, 10.8.1 Where water supply
8.5 The Board may,without a and location of all streets shall ninety(00)degrees may be landscaping,screening,and systems are proposed for 10.11.3.5.2 A discussion of
hearing or combines with any be designed in relation to designed, subject to the loading area when required by individual lots,a geologic report major basin drainage
of the submission,referral,or existing or planned streets, approval of the Board. the type of use and underlying shall be submitted and shall characlerlalics;
review requirements of this topographic conditions,public zonedistrid. contain•specific section on
ordinance,approve•correction convenience and safety,and in 10.3.1.14 Ltanterlinea of ground water geology prepared 10.11.3.5.3 Identification of all
plat 1 the sole puryw•of such relation to the proposed um of JnterseMion Two streets 10.4.3 The minimum area end by a qualified ground water nearby irrigation ditches or
correction planate)correct one land to be rived. Streets shall meeting • third street from dimensions of all lots shall geologist or engineer stating the laterals which will Influence or
or men technical errors in en be extended to the bondvlas opposite sides shall meet at the conform to the requirements of following: be influenced by the local
approved plat The correclbn of each building site,except same point,or the centerline of the applicable zone district, drainage:
plat shall be consistent with the where such extension is the thkd Mel be offset at least 10.8.1.1 The probability of
approved nteutdrsion plat prevented by topography,other three hundred(300)feet and 10.4.4 No single lot shall be success of wells or on-sits 10.11.3.5.4 A discussion of the
physical JerCTgd P COtYASMAICF the connectionlots,or where with This to approval of the obemnM alai not Board. divided by•municipal or county supply systems throughout the historic drainage pattern of the
WITH SMUTTING COUNT'( existing or probable future lot alignment opposingwl-apply boundary line. proposed subdivision; aroposed subdivision property;
and
J aNw IMF REGULATION' Meets is deemed unnecessary d►se crests. 10.4.5 A lot anal not be divided 10.8.1.2 The expected long-term
for the advantageous by a road,allay,or other lot. yield of such Mb or system., .10.11.3.5.5 A discussion of off-
9.1 Land being subdivided rail development of adjacent 10.32 anLOAMMI Streets site drainage flow patterns and
conform with the properties. All building sites shell have the neared existing 10.4.6 Each lot shall be 10.8.1.3 Compliance with impact on the proposed
Comprehensive Plan,Zoning shall have•ease to•public streets which are in alignment in provided with en adequate Colorado Gevised Statutes; suyjNilon.
Ordinance, and other street. the county or in an adjoining access to an existing public
ordinances,resolutions,end county or municipality. There rest. 10.8.1.4 The expected depth to 10.11.3.6 The drainage facility
regulations in effect in the 10.3.1.2 Thrauoh Trellis A sal be no duplication of street teeNe water; design concept and details for
County. Al pica of streets or bad street rail be twanged so names within the area. 10.4.7 Corner lots shall
highways for pWb uq,and all that b use by through traflb MI accommodate the required 10.8.1,6 The expected quarry of including:
proposed subdivision,
plan,des,plots,rid!Mats d bedcc ro'
discouraged. 10.3.3 a Geometric
Design building setback for both street the antldpetad water,
land laic out M wbdWNn or for re s and r o ds shall
l be design frontages. 10.11.3.8.1 A discussion of
building lots,and the otherria 10.3.1 ( lots inor she front on a accordance with A Pester a the 10.4.8 Lots shall not be less term supply,nf problems of•long- mmtldenatnnw
portions al the scone Mss orte stub street except where • $ a,e published by m than thirty(30)feet in width a term
be dedicated to pebb use rate temporary c l-d►sac has been and Se.e.t.published by the the hont ,pincluding or long-term DW red
f
use ot purchasers or owrws of deal ned to Wald American Association of Btate PropeM lbes. laeine fon c l anti ipated A discussion d
org according maintenance of such wale or anticipated at s; proposed
lots fronting thereon attsoant County re9utetlora. Highway and Transportation s o frontage and systsmq drainage patterns;
thereto,shall be submitted to - Officials. Specifications, reverse frontage bb shall not
the proper Bo•N for review and 10.3.1.4 Imagghaso Alcoa standards,or design criteria be permitted except where 10.8.1.7 The anticipated 10.11.3.6.3 A demotion of the
subsequent approval, street shall not intersect en published by other seeemiai to provide separation cumulative effect of such water content of tables,darts,figures,
conditional approval, or arterial street.A collector West governmental agencies, Of residential properties from use on other vested water rights plates or drawings presented In
disapproval. shall not interact an ateriai professional organizations,or arterial streets or commercial in Barer sad the report
street at intervals of less than generaly accepted au horkaWe use.
92 Acceptance of dedication of 1320 feet(1/4 Mb). An interval source, may be used in 10.8.1.8 The report shall include 10.11.3.8.4 A presentation of
proposed streets,street rights- may vary due to parcel alit geometric design. All 10.4.10 A flag lot configuration such other information as existing and proposed
of-way,or public land in an limitations and would te subject specifications,standards,or shell be avoided when possbe, required by the planner, hydrologic conditions with
approved plat,Gan be made to approval by the Board design criteria shall be The n inbwm width d a lap lot Planing Comnnion,or Bawd. approximate flow rates entering
only by the Board. The approval releranced and copied a pert of appendage stall be thirty(30) and exiting the proposed
'of•plat shall not be deemed as 10.3.1.5 aka Service accees the sunaBai in omietion, feet. 10.9 Flre Safety Peauk.fl subdivision with all necessary
acceptance of dedicated streets to the Interior of Node may be preliminary calculations;
or pubic lands for maintenance. pemmMed upon approval of the 10.3.4 Head Construefjgg 10.5 fassmajilenciala 10.0.1 The proposed subdivision
The dedication of any of thus Board. Road construction shall be application shall be referred to 10.11.3.8.6 A presentation of
lands for public use of any designed in accordance wish the 10.6.1 Eurocrats shall follow the applicable fire district for approach to accommodate
nature within Web County son 10.3.1.6 atvsyGye Driveway fickle for!Lebo of Puma rear and SOS*lines whenever review and recommendation drainage impacts
be led ...the BoaO/only shall not b,p p.rmmed to Ogre Ftr nrnra published by the praetW h.aMsahatl.havea r oszo aor urine or
MI . -ataxia's..te astral street American Association of Stabapasding minimum he pa mprevemab and
Highway and Transportation minimum total*kith of twenty protection requirements. The facilities;— --
Meetsg way P abutting(20)ingrroPer ee, maw n and Board
shah consider
the 10.11.3.6.8 The Board i shall have the have the follov nn min m m standard. 8p•agn crioes, propedea and recommendation ratio oof they p proposed d r in pregntaemn of
enwer toy sung do der frn mto gg h iGlidh+, minimrrm ptensered,or dbyign criteria tract. of me fire ret alignment,drainers mat rMn
sell n any subdivider sell,lrom al-wav wHlha aped t pe;anmaterial,
IIgN publtsaed by other 10.5.2 Where front Ilns dNrbt. r
offerng, ognalop to or governmental oagencies, minimum
of are required, afeet and structure type;and
owedng to sell subdivided land 10.3.1.7.1 LaeY:BO IeN professional organizations,or minimum fifteen (tb) 10.10 IrrlGnrlon Mtrq
{allot PIM fa mesa genre*resplad asthwaasw Mal be afters-'as•rgity n_.s-_.. 10.1.3.1.7 A discussion el
-�d d441W bee son 10,8.1.72 CMS 01x1 MM.Mt*lard l Ss . esrova t. MaMawa•aeons end any
:=0 ArF>Mnass{M 14g.1.72A.Mtr/gsbst.lbe !bard es M seesllISeee l 0 ether Mai d 1a prNNn•ry
r-'- , ermiae Sall 4 MM.
to aaes-'•aneapalbn.
the submittal In-'aarrallon.
10.10.1 An existing irrigation
10.6.3 E•eeraenls shall be OM may be l neperated w*iit
designed so as te pealed the design el Me prepeed
94 llie sugMtlw,appoerd,a 10.3.12 adialitiallialla disked ke1•gsYea el relesa aMlsLlsn. The lendlem d Ste 10.1 t.3.7 Al abed*,meshy
c lTs IRO Fa"ae•t- r' baMe ri.ierlareg ggel-Y- spas.esyag e•asnsae at irrigation ate% Mall eel be pima,and lselsdall latormalion
Imprewreitat egraeseiel IISSIIONISLIMIL 104.6 Pease Traffic corners my Maquked.Pubis Impaired. The proposed used In support of the drainage
agreeing to construct the information Traffic count utility installations shell be subdivision application shall be Wilily design concept shall be
required Improvements as 10.3.1.8.1 information end projections for located to permit multiple referred to the applicable ditch referenced.
shown In the application.plans. Egret ` use in geometric and road installations within the company for review and
plat, and other supporting Ln.aWWW: design shall be In accordance easements to avoid cross recommendation regarding 10.11.3.8 A general location
documents. The agreement abistigadeffdl with the Trip Generation Manual connections, minimize minimum requirements for map shall be provided In
shall be made in conformance published by the institute of trenching, and adequately protecting the ditch. The sufficient detail to depict general
with the Weld County pplidy on 10.3.142 Transportation Engineer& separate incompstlNystems. andplanner,Board shall in considerCommission.
sthe drainage patterns nage Oe flows entering and
id and
tify
collateral fix improvements.The alts{:Local
agreement shed be approved by LeLWWt:10 feet to 11 fed 10.3.8 Frontons of Arterial 10.6 sa06aL.$gWOe.. ' recommendation of the ditch leaving the proposed
the Board prior to recording the StnA4 WSh:3 to fed Masts A subdivision that Begin= comedy. subdivision. The map shall be
final OM or resubderiden pial,I
or ne an amlstle9 at •scab d i itch equals 1000
applicable. 10.3.1.8.3 o� ermWposed arterial street 10.8.1 The proposed subdivision 10.11 gketnh Plan Storm feet to 1 inch equals 8000 feet.
Mat Collector identified in the Comprehenalve shell comply with the sanitary jaabaggagultameate The meddled identify any major
0.8 B the subdMsion is located LeL1m6W:12 feet Plan may be required to provide sewage disposal requirements conebudbn(i.e.,development,
Ina planned drainage basin j;ppulffea itllh:4fe t service roads. of the underlying zone district. 10.11.1 A sketch plan drainage Irrigation ditches, existing
pursuant with C.R.S.802&106 Plans for the proposed report shall be submitted with detention facades,culverts.and
(3)(d),the subdivider,applicant 10.3.1.8.4 10.3.7 Raffled Riahbof-Wav subdivision shell be referred to the sketch plan application storm sewers) that shall
for owner may be responsible for MSArterial Where•subdivision borders a the Weld County Health submittal. The sketch plan kiluence or be Influenced by the
an equitable codrbmon to the jangola 12 feet Wkold dgMd-wey.Neely,or Department for review. The drainage report shall be proposed subdivision.
total ooze d the drainage bait Sinikie.Wblh:4 Net collector street,•landscaped Health Department may require prepared by • registered
facilities. The Contribution d• buffer area of not less than the applicant to submit professional engineer licensed 10.11.32 A drainage plan map
subdivision may be calculated 10.3.1.8.5 Lane and.Moulder twenty(2o)feet may be required additional engineering or in Colorado. The report shall be dam proposed subdivision M
on•per son balm and secured widths for an'MKS street with for adequate reduction of notes geological report c data and le properly calied end signed by sub of 1 bed equals 20 tea to
In accordance with the Weld an average daily traffic count pollution. conduct•study of Se economic such engineer. 1 inch equals 200 feet nay be
County posy on collateral for greater than 1,250 vehicles is feasibility of the sewage Included to better Identify
improvements. determined on an individual 10.3.8 Rldawaiks Curbs and treatment works prior to melded 10.11.2 The purpose of the existing and proposed
project basis. Sidewalks shall m be •recomndaticn. No swage sketch plan drainage report l b conditions Oct a adjacent to the
CFCTION to• nFSiOR constructed wain•eubdb4bn disposal system plan shall Identify and define conceptual proposed subdivision.
a______ 10.3.12.8 improvements to the where required by the Board. receive the approval of the solutions to milting problems or
state highway system are Sidewalks shag be•minimum Board unless the Health problems that will occur alone 10.12 atoms Oralnaas
10.1 All subdivisions,except determined by the Colorado four(4)feet In width. Curbs and Department has node • end ol-elte as•result d the
Sega
minor subdivisions,approved by Department of Transportation, gutters shall be constructed as favorable recommendation. proposed subdivision.
the Board asap comply with the required by resolution of the Appeal of an unfavorable Health 10.12.1 The purpose of the
falbwkp sirldarde. 10.3.1.9 H•tt-Streets Half- Beard. Department recommendation 10.11.3 The sketch plan drainage report is to spate the
streets shall not be permitted, shad boa accordance with the drainage report shall be in concepts and to present the
102lle00221tt except for thefdbwbg: 10.3.01-Where blocks or lob procedures set out in Section accordance with the following design details for the drainage
exceed one thousand (1000) 3.11 of the Weld County outline and contain the facades dreaded'li the sketch
10.2.1 The design and 10.3.1.9.1 A half-street is feet in length,pedestrian right,- Individual Sewage Disposal applicable information Hated., plan drainage report
development of subdivisions required to complete a hag- olwy of not lass than ten(10) Regulations. Failure to comply with the
shall preserve,insofar as ins heed already In existence; feet.In wklth shall be provided provisions of this section may 10.12.2 The drainage report
possible,the natural terrain. through blocks or lots where 10.7 Water Suooly Water result in the report being shall be submitted with the
solar access,views,natural 10.3.1.9.2 The subdivider needed far adequate pedestrian supply systems shall be rejected for review. preliminary plan and final plat
drainage,existing topsoil,and obtains for the County a circulation. Improved walla of provided consistent with the application submittals. The
trees, dedication from the abutting not leas than four(4)feet in standards of the requbmerdsd 10.11.9.1 The general legs drainage report shall be
landowner d the other on►hal width shall be placed within the this Ordinance and the description for the proposed prepared by a registered
10.2.2 Land subject to tithe teat pedestrian rights-flay. underlying Sons dirks. subdivision shall be described. prin fessional Colorado. enTh iineerreperl shalt be
censed
hazardous conditions such as
snowdrifts,
mud flows,rockfalls, 10.3.1.9.3 The subdivider 10.3.g Rink grander( The 10.7.1 public Water Buooly 10.11.3.2 The general location properly engineer
certified and signed by
snowdrifts, possible mine obtains from the abutting length,width and shape of• &den Where a central water d the proposed pbdNlsbn with such engineer•
subsidence,shadow water table, landowner, municipality, or block shall be determined with supply system is provided respect to adjacent public or
open quarries, floods, and County,an agreement in•form due regard to the following; through a municipality,awe* privatereedsshall be described. 10.12.3 The drainage report
polluted or nonpotable water satisfactory to the Road.dike district, water company or shell contain all components of
supply shall be identified and guarantees the cost of the 10.32.1 Provision of adequate association,the applicant must 10.11.3.3 The names of any the sketch plan drakuge report
Mad not be subdivided until the improvements and construction building sites suitable to the furnish evidence of an adequate developments within 112 mile plus additional necessary
hazards have bean eliminated of the same on the half street special needs of the ape of use water supply and•blayb serve surrounding the proposed Inlorntbn relating to design of
or will be eliminated by the within•time suitable to the contemplated; the subdivision. If•new diode arbdbleko shall be described. peclb facilities associated with
subdivision and construction Baird;and, water supply system is the proposed aubdNainn. Such
plans. 10.3.9.2 Requirements of the proposed,the applicant shall 10.1134 A general description additional information shall
10.3.1.0.4 The subdivider zoning ordinance as to lot sizes provide a certified letter from the of the proposed subdivision inMrdethe Sowing:
10.2.3 Provision shall be made guarantees the construction of and dimensions; State Engineer stating that property Including: 10.12.3.1 All criteria,master
to preserve groves of trees, the improvements on the half- proper water rights have been
streams.unusually attractive street sewing the subdivision. 10.3.9.3 Need for convenient acquired, or • proper 10.11.3.4.1 Area in saes; plans,and technical information
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P4. e as
11.3-15.1 The beulisry of la IWge of apitseiene la
wows weep as_TS.4 112 BiatiggliiiiillOil propossel recorded exametiec Ste romal eyed la rasa
aesaNlO N Section 10.15. prepry; the mallosion. la(allure el
lush vekw is be deteuN,s 1121 The reseeded aeration an Swaa or lease of the
bye maipatrd land appraiser le a eubuvbbn process used to 11.3.15.2 The boundaries of the mineral estate on or under the
chosen jointly by the Board and divide a lot,not located in an two lots created by the proposed property under consideration to
the subdivider. The amount approved subdivision.into two recorded exemption; respond within fourteen(14)
collected shall be deposited in separate lots. Examples of days from the date of mailing d
an escrow account to be when a recorded exemption 11.3.15.3 A north arrow; the notice may be deemed a
expended for parks at a later may be used include creating a favorable response to the
date. lot in the agricultural zone 11.3.15.4 All existing and Department of Planning
district for a single family proposed driveway; Services,
10.18.1.4 Required Acreage. residential building site,
The amount of land that nay be separating existing 11.3.15.5 The name of any 1184 The Renner shell prepare
required for public dedication, Improvements from agricultural existing roads or highways a staff recommendation akin
reservation,or as a measure of land,and creating a lot in a abutting the proposed recorded thirty.(30)days receipt et a
money to be paid in lieu of such commercial or industrial zone exemption properly; complete application. The
dedication or reservation,that district for existing or future planner's recommendation shell
be determined as follows development. 11.3.16.6 At existing structures consider comments received
on the proposed recorded from referral agencies and be
10.18.1.4.1 For residential 11.3$ybmglglRanuPnw,ts exemption property. This used to determine if the
subdivisions, the required - includes principal and labor application complies with
acreage shall equal the The following information shall homes, mobile homes, Section 11.4.4.1 thrash
expected population multiplied be completed and submitted to outbuildings,pens,Irrigation 11.4.4.6. The application shall
by 10.5 and divided by 1000. the Department of Planning ditches,and oil well production demonstrate:
Services as part of the recorded facnnles;and
10.181.4.2 Expected population exemption application: 114.4.1 Conformance with the
shall be determined by 11.3.15.7 All easements or Weld County Comprehensive
multiplying the total number of 11.3.1 A recorded exemption rights-of-way located on the Plan and any adopted municipal
units proposed for the application form provided by the proposed recorded exemption plan when the recorded
subdivision by the average planner, popere exemption application is within
number of inhabitants per unit in three (3) mile radius of ■
existing subdivisions d e enier 11.32 A copy of a deed or legal 11.4 Purley of the Denadrrent gj munkipelity;
character or by using U.S. instrument identifying the floater Serving The planner
Census population per applicant's interest in the shall be responsible for 11.4.4.2 Compatibility with
household statistics. properly under consideration; processing and approving tasting surrounding land user
recorded exemption applications
10.10 School Olertrlrt 11.3.9 A certificate of aS delegated by the Board. The 11.4.4.3 Consistency witb 11*
ROot*an ii5 conveyances form provided by planner shall also have the intent of the zone district the
the planner, responsibility of ensuring all recorded exemption Is located
10.10.1 A residential subdivision application submittal within;
application shall be referred to requirements are met prior to
the applicable school derlct for 11.3.4 A certified list of the Initiating any official action. 11.4.4.4 Consistency with
review end recommendation names, addr , and the Once a complete application a efficient and orderly
regarding school district corresponding parcel submitted,the planner shall: development
requirements The Department identification numbers assigned
of Planning Services,Planning by the Weld County Assessor to 118.1 Send the application to 11.4.4.5 Compliance with the
Commission, end Board of the owners of property of the referral agencies for review and recorded exemption standards
County Commissioners shell surface estate within five comment. The agency shall set fah In Section 11.8;and
consider the recommendation of hundred (600) feet of the respond within fourteen(14)
the school district. ' properly subject to the days alter the application is 1148.6 Adequate provision for
application. The source of such mailed. The failure of any the protection of the health,
10.20.gin M Nall be from the records of agency to respond within safety, and welfare of the
the Weld County Assessor,or fourteen (14) days may be Inhabitants of the neighborhood
10.20.1 All electric and an ewnewhip update from a We deemed a favorable reponse. and the County.
communlostlo utility lines end or abstract company or agony, All referral agency review
services,and all street lighting derived from such swords,or comments are considered 11.5 Outlet N the Road of
circuits shall be installed from the records of the Weld recommendations to Weld Cants Cnmmleebners The
underground,except for the County Clerk and Recorder. if County. The authority and Board shalt hold a pane
teeming: the list was assembled from its responsibility for approval and hearing to consider the meowed
records of the Weld County denied of a recorded extension exemption application rat N
10202 Transformers,ewace% Assessor,the applicant shall application rests with Weld take final action thereon,a its
boxes,terminal boxes, meter certify that such list wee County. The referral agencies planner has determined the
cabinets,pedestals,ducts end assembled within thirty(30) include: application has not mar the
other facilities necessarily days of the application standards of Section 1188.1
appurtenant to such submission date. 11.4.1.1 The Planning through 1188.6. The Barrie
underground and street lighting Commission or governing body decision shall consider the
facia; 11.3.5 A certified list of the of any municipality or County recommendation dation of the plume,,
names and addresses of within a three(3)Se radius of referral agepcy responses,as
10.202 As facilities reseeably mineral owners and lessees of the parcel under consideration application ewe file,end lab
necessary to connect area owners on a undr the for the proposed recorded presented at the public haslbw
sdegro cad fealties to editing parceled land beg considered. exemption; The Board shall approve the
or permitted overhead or The purer of such IS shall be recorded exemption enlarges
rges
alrowprrrnd1ec111se; assembled from the records of 11.4.1.2 Weld County unless it finds the applicant for
the Weld County Clerk and Environmental Protection not met one or more r tie
10.20.4 Overhead electric, Recorder,or from en ownership Services standards of Section 11.5.1
transmission and distribution update from a title or abstract through 11.5.6. The apparent
feeder lines and overhead oonoany pas attorney,dried 114.1.3 Weld County shell demonstrate:
communloWon tong distance, from such records. Engineering Department; -
Vela e a
e empatlerirq laps. Tile W9rw,..'=er.. a- ....._rrr. In the Vitleriesillerag
dselesehltSe M alliM tt.. diNere where a e•ategeoea 11.13.4 Elkin,WS um w the
mace Y Mew W seaaenry The lempalred melleleaEee wee eealerMl►swell al NM tr.. ldatwgsY MAMed
drd1R aMwwMyea betm err dee the arum tat eke,•portion
11.78 A photo soy evil d 3se awed. a cakomu a 11.13A Salad land use d er
p mylar co or A.D., Id dm nwy be med. *disked properties.
am sensitized mylw copy of
Me SOS Ink dr wkg may be My con ierion expires_ 11.8.8 TM proposed recorded 11.13.Signatures of the fee
.•baMtd. The m erlsldW be exemption is not part of an owners)or their authorized
e t kleel Mee(3)mho or greater Notary Pubic approved recorded exemption agent. .
la Oaelaraec Witness my Hand and Seal within the lad fire(Si years
11.13.7 The applicant shall
11.7,3.E The egad submitted will 11.7.12.2 I, a 11.8.9 The proposed recorded submit the folowing written and
sea i the original signatures Registered Professional Land exemption is not part of an supporting information:
enema of and parties required Surveyor In the State of approved subdivision or
to desillia pad. If a photo mylar Colorado do hereby certify that recorded subdivision plat or 11.13.7.1 A detailed description
eel,er diazo sensitized mylar this Recorded Exemption plat unincorporated community of the request and its purpose
sew In submitted,the original was prepared under my legally filed prior to adoption of and bandits;
alpeaees and seals Nall be personal supervision,and that any regulations controlling
eaeeetsd thereon; this plat is an accurate subtlbbbns;and 11.13.7.2 Where en authorized
representation thereof. I further legal agent signs the application
11.7.4 We plat shall be titled, certify that the survey and this 11.8.10 Ths proposed recorded for the fee owner(s),•letter
'Aneroid Exemption No. pill complies with al applicable exemption doss not evade the prentlnp power d attorney to the
The Department of rules,regulations,and laws of requirement and statement of agent from the properly
Planning Service.shell 111 in the the State of Colorado,State purposes as set forth In Section owner(*)mus be provided;
ypwadt's number; Board of Registration For 1.3 of the Ordinance.
Professional Engineers And 11.13.7.3 Copy of a deed or
11.7.5 The plat and legal Professional Land Surveyors, 11.9 Recorded Exemption other appropriate legal
desealpaon shall include all and Wind County. ;Inflection. The Board or instrument by which the
eaelsaeas land awned by the planner may approve a applicant(s)obtained interest In
epailsant or as provided in Registered Land Surveyor, correction to a recorded the property under
aardwee with Section 11.8.7; Colorado Registration S exemption. The correction shall consideration;
only address technical errors
11.7A The plat need not show 11.7.12.3 Board of County where such correction is 11.13.7.4 Complete and
the bsedegs,lengths,and one Commissioner's Certificate consistent with the approved accurate legal descriptions of
Oats err any lot in excess of.35 example. This certificate is pat and application. the parcel(s)being created or
sores ereated through • used only when the Recorded exchanged,and new parcels
MOWS exemption procedure Exemption is approved by the 11.10 Aglandment4 Any which will result upon approval
provided the lot can be Board in•public hearing. change to a previously approved of the requeel.
dselaYd without competing a recorded exemption which is not
balm gamy. My lotto be This plat is accepted and a correction as defined In 11.13.8 The applicant shall
crested through a recorded approved brining. Section 11.0 shall be processed submit the following map
s•eaddiesa procedure which Is as a new recorded exemption,if information: The size of map
tseelems35 acres in size Mall Chairperson of the Board of eligible. shall be either eight and one-
show Mr bearings,lengths,and County Commissioners half(8 1/2)Inches by driven
survs each of the lot line. If 11.11 giadiv enn F5emut1 (f 1)lashes or eight and anrna8
Mlle leis*be created through a Ailed:Weld County Clerk to the (8 1/2)Inches by fourteen(14)
made/exemption procedure Board 11.11.1 intent. TM Subdivision inches.-.
in lace Wm 36 sap,then the Exemption is intended for the
bandage,lengths,and curve 8y. division d e parcel or interest in 11.13.5.1 Plot plan of the
dzla IS be shown round the Deputy Clerk to the Board a parcel which does not result In propsay or properties Involved
perimeter of both lots. A the nestles of a new reeldentiel showing the proposed situation
bounders survey shall be Dined: or permanent building she,for grepdaiy.
abed wound the perimeter of adjustment of property lines
heels bete. A boundary sunny 11.7.12.4 Department of between two contiguous 11.13.9li any such Subdivision
flail be required for any Planning Servlcee' parcels,creation of lots for the Exempgcn Is approved,•pat
Maid shaped lot which don edmanbtratvs review medicate purpose of financing,or for the as described below shall be
as lepanatural boundary and-example. This eertiflcete is temporary use of•parcel for submitted to the Department of
simnel be'aeoursalyderadbed used when the Recorded puMbugryfaclNtes. Planning Services to be
waheet Standards for land Exemption is approved by the recorded In the office of the
surveys and pats in Title 98, Department of Planning 11.11.2 The Board delegates Weld County Clerk and
Peat 51,Colorado Revised Services. the authority and responsibility Recorder.
O saesC - of considering and approving -
This plat is accepted and Subdlalabn Exemptions with an 11.13.M The plat shall be
11.7.7 Us pad shall include• approved forting. administrate review process to Prepared by a registered land
viairilyeliatoh neap at a Saki*esle. T e map shut bdb IM Department of Planning and rove erthe reequeestt for shall su�� in the State of
P approve q
r'seerdasi exemption led with Services Director Exemption unless it
eamisr M adjacentdfeat rote and finds that its o•nt f not 11.13.0.2 The plat be
earn*WndtaXlreq' and foregoing beforelme was met one or more of the p.rmaalad non-fading
ikon •
acknowledged 1 , this standards of section 11.f5the dime nsta black st ink on
ansdt1.7.0 Ms dal shag atehue an styd_,AD., planner
7temne. the sewohayslashl MONor
appeeeefaws.of The hue(2) f0— alanmrdaha that the sheet prodpaasramulag,
a sf l be The smtad llertee standards
applicant d has not met the other product or og le
pwatt lrgrwio wail Lot
in My owndaebn spin through1.1Sstbn7 request three mite greaters ih
K W le o of A'end
'Lot through le11.15.1.4 7d the request thickness. The size eighteen
g each
TM�e for tot A'
meege Notary Vana my will bla scheduled beforhearing.
the sheet shell In ISAInty'
fe drab w given. TM memo Whirs my Nand and Seal Board la a llbBo a d the f inches ne' I W i or
fez'LW ia shall be sMy Board will tek•consider n the foury4our (24')n width et
n anny 4 and the drawing shai 11.7.12.5 Easement Certificate application and lake final action twenty•four(24')in Might by
10.12.4.2 Properly lines Wed 10.13.4.1 Anna ara,ll
eaealWda M p.m saes Wed; Eap11880Y8
10.12.6.3 Streets; Laop.usts Residential
Gahm Cram Pedan+5 years
N Thursday,December 10.1992 Z I 10.12.6.4 Existing drainage
includes and structures, labiPew* tOpenrpeos
including ditches,tn dchas, Pew*Storm PatM-6 yeas
roadside rlow dWdrainage
used for Iepat preparation and wine TaeMlsl Cana ways,gutter lbw dhoti**.and LOGY*:Commercial
design shell be referenced; culverts. All pertinent Desloo Stormearbdy0 years
10.13.1 The engineer is to use information such as material,
10.12.3.2 A discussion of published material by a size,shape,slope,and locations has i s:Publksuddape
previous drainage studies(I.e., Pneradi leidePasd Wha5etlre shall also be Included; QsalmalicatlEtInt10yeara
sketch plan drainage report, source such as the Soil
project master plans)for the Conservation Service,City of 10.12.6.5 Overall drainage arse l aghla:Indust ial
proposed subdivision in Greeley, Urban Drainage boundary and drainage sub- Qe0.SI'Ir6Pa, ;lOyears
question that influence or are Datric4 or any Omer nubile-Won area boundaries relating to the
Influenced by the drainage applicable to the project. The proposed subdivision; Road Croasinea C ndgcting
design and how the previous material used must beg
studies will affect drainage referenced and copied as pad of 10.12.8.8 Proposed type of
design for Steaks; the submittal Wanslon. Weld street lbw(Le.,vertical or ramp Local Road
County does not publish curb and gutter),roadside ditch, Des*Storm Pedal'10 year
10.12.3.3 A discussion of the technical data or dam drainage gutter flow*actions,and woes
drainage Impact of sits design manuals. Pane; Collector Road
constraints such as streets, Oaeinn S tm gOot825yun
utilities,proposed and existing 10.13.2 All subdivision plats 10.12.8.7 Proposed Moen sewer
siructureg end ahal include an adequate storm and open drainage ways, Medal Road
drainage system design belay including Inlets, manholes, DBBYnalita pm.50
se such plat a recorded. Yeera
/entifi.4 on design esi criteria n for any culverts, and other
Identification of rainfall, appurtenance,: tllWuL01a10spa;25 yetis
runoff calculation method, 10.13.3 The design and
design storm recurrence operation of a proposed 10.1268 Proposed oude5 point 10.13.4.2 Storm drainage
intervals, and detention subdivision shall ensure the for runoff from the developed fsaW designed In accordance
discharge and storage t owttp: area and facilities to convey with the above design storm
calculation method. flows to the final outfall point frequencies will be flooded in
10.13.3.4 Historical flow without dandle to downstream the event of storms exceeding
10.12.4 The drainage facility Patterns and runoff amounts will properties; the return periods shown. In no
design concept and details for be maintained in such a manner ease shall a 100-year design
the proposed resubdivision, tiutvdl reasons,*Pima*the 10.12.6.9 Routing and storm frequency cause
including: natural character of the area accumuation or doss at nowt inundation to any structure or
and prevent Property damage of critical points for all dorm runoff Pose a heard.
10.12.4.1 A discussion of the type general/attributed to associated with the orooaed
prepped drelrgs petternw runoff rate and velocity subdWabn; 10.13.4.3 All storm water
increases, diversions, detention facilities shall be
10.12.4.2 A discussion of concentration aedlor unplanned 10.12.6.10 Paths)chosen for designed to detain the storm
compliance with off-site runoff Pang of Wormrunoff; computation of time water runoff from the fully
consideration; concentration; developed subdivision from•
10.13.3.5 Runoff vclumse and 100-year storm and release me
10.12.4.3 A discussion of the peaks within the proposed 10.12&11 Details of detention detained water at a quantity and
covtared tables,charts,figures, subdivision site and In areas storage facilities and outlet rate not to exceed the quantity
pales,or drawings presented in affected by runoff will not works: end rate of a 5-year storm falling
the report; exceed the runoff levels on the undeveloped site.
attributable to the site in its 10.12.6.12 Location and
10.12.4.4 A discussion of natural slate: elevation of all defined 10.14 Alrnnd Overlay Ols riot
detention storage and outlet floodplains affecting the amnia I a subdivision
design when appllesba;as /0.13].4 The developrrwt will proposed subdivision;and or portion of a proposed
not Impede Ihe flow of natural subdivision is located in an
10.124.6 A presentation of an NOM. tM55C 10.12.6.13 The location of all airport overlay district area,all
accurate,complete,current existing and proposed utilities applicable regulations of the
estimate of cost of proposed 10.13.3.7 A8 low points within affected by or affecting the Wald County Zoning Ordinance
Iacaaa the proposed subdivision sits drainage design. shall be met
are snared adequate drainage;
10.12.5 Aden**location map - 10.13 gtnrm Mathew.Deal* 10.15 ?bee Hazard Overlay
shall be provided in sufficient 10.13.3.6 My drainage system
Within*depict general drainage Proposed as part of any
patterns and identify drainage subctdalon propoas is based on
flows sdering and leaving the coalderation of the drainage
proposed subdivision. The map beta es•whet*and is capable
scale shall be 1 inch equals of accommodating not only
1000 fees to t lode apnea 6000 runoff from the proposed
test The map en*identify any development,but else,where
major conatrudlon (i.e., sageabie,lheruno6han cress
development.irrigation ditches, a'Gwent to and'uppeM from
existing detention facilities, t ins subdivision Propteat
culede,and stem sewers)that
shall influence or be influenced 110.13.3.8 Provision odes In the
bygapropoed subdlvabn, r design or operation of any
1 proposed drainage facilities to
10.128 A drabs pan na d p seseure suitableprovtebns for
the proposed subdivision al a rmeintenance. Weld County
scale from ohs Inch equals 20 edoes not maintain drainage
feet to one inch Swish 200 feet litatillittra and
dial be included. The drainage 10.13.3.10 Where a subdivisionplan map shall show the 7
following: FProposaf will cause the
i)ntrodudion of new pollutants
10.12.6.1 Existing and proposed ante the runoff wear.Provision
contours at two (2) feet 1w111 be made for the storage,
maximum Intervals. For Westmont.and removal of ouch
' subdivisions Involving lots 1Pdkn5nie
Wen( Men 1.4 We, the
INS WSW waII SW *1✓L4 The allllnlieeeenelee
es81w*S kW ebstole de lie fled le the design at
*5 *in'Baia Haase sem%oar syarale sisbe
percent tyrL).Ike ihonnuv saaeaes was as Oise*Storm
Irtenval is len(10)15* Fwpway Table lded below.
Y
WINDSOR BEACOI
P as a 4L4
12.1.8 Permanent reference dwelling units and square applications provided for Intl* development plan review,
Legal Notices (conflnued) wan
monuments and monument footage and type of Odlnna NaI be eslabtisted including pd batloa of notices.nonresidential dw the road by renal in of the Board in
pWb hearbp and revlwooefa thirty-eta inches(38")in width. hearing shall be scheduled 12.1.9 Mee intended to use the road conjunction with a hearing
No mixing of sizes is before the The staff fig'I kad: adi prsar, The amount of process that will consist d a inn 17.8 Other pf • site sRgyd
allowed. No pry sheet shall shall prepare a Board. yMNon 121.10 Landscaping. road improvement cost shall (10)day public notice prior to approval of a site specific
contain any form dstldramgpe for use by Me Board addressing feedlot ping,where meatalso consider inflation as the Board's Marine, Notice of development plan shall not
OW such as,but not Baited as aspects of the appllatln.Its Colorado
by Construction�n Coin st onc said e is to be the newspaper waiver constitutearryan exernstan from or
to%tleky-back',adhesive Ben, conformance with the Weld 12.1.11 Underground electric Index used by the Colorado designated by the Board for this Ordnance pertaining to the
or kroy lettering tape. The County.Comprehensive Plan, and communication Wiley linos Department of Transportation. publcationnotices. subdivision,
drawing shall be at a wale master plans of affected and servbea,and all street The cost of road kTrawmenb The
debt suffi em to show al necessary municipalities,sound land use lighting draddes,as required;and may be paid by cash 16.2 Review feesuse of property. Ted
planning practices,comments contributio to the prior State agency charged by he review of
establishment l at vested
11.i3.03A received from agendesto which 12.1.12 Other facilities and aubdflder,applicant or meteor any subdiion applications property:Mon o ordinances
preclude
photo nylar copy or the proposal was referred,and requirements es may be by further road improvements shall be madethe regulations°Psticn of as rat or diem sensitized miler copy of standards contained in Section specified In MS Ordinance1" o by am a we generalIn
the onginal ink drawing may be 11 regarding Subdivision the Bord by saheh ,benefit the prior check or money order, in the nature and ere applicabletn to all
submitted.The netedal shag be Exemptionspr.
sahebs, isdeapplicant,or owners State tset reviewing agency in the property subject to land use
at least 3 mile or greater in QFC71r1N at they. This decision shall be amount set by State law. The regulations by a local
thickness. 11.14.6 Submit to the Bord for IMPROVEMENTS a Board based upon discretion of the fee shall be paid at the time the limited
tsbtudlag,but not
review any plat required under AOREF1SNi further of�the need for application is submitted e for plumbing,to, tding, fire,
11.13.9A The p4 suamlted will 11.13.0 of this Section which see road consideration o by the fee
shall mechanical
electrical, and
contain the original signatures does not comply with the 13.1 Caste t No Final Plat k^Psarlmanb Failure to pay said fdi shall n sechankal codas.
and mods of el pants required approved subdivision she be approved by the Board 13,2.7 The M result In the subdued an
to sign the plat. Ha photo me exemption, until the subdivider has manual Pshen by rove application being consideredan 17.0section
No create n th4 ny
copy or diem sensitized rtylr published by the incomplete application and number vesed r p intended to to
copy b submitted,the original 11.14.6 Submit to the Weld improvements subdivision Institute of )shall Transportation not be assigned a Mal the h vested meat th,right. vision of
signatures and seals shag be County Clerk and Recorder or contract agreement the or d d for shall normally ting or hearing date Mal fee is implement the provisions of
s
co tainedthereon. recording plats of approved gFlto construct the the reasonable e used trr oalM re ore a paitl. amen ere d n th 2e,C.R.S. e
a9raelnp improvements tas Yrov improvement
sIwndths amended. d the eventaja the
actions 1, required in Section required inplan., as road imoroaementpvnstmpfor PRO FR 1G VFRTFr) retseldeen utkbaarWe is
11.13.D.5 The oast shall kloknde 17.130 plans, plats and coats for all subdivisions or pRDPFRTy RIfiHT¢
a complete and accurate legal supporting documents. Any resubdivislons. A special determination or that add is
description of the parcel(6) 11.15 flubs of the Roard y such agreement or contract transportation study shall be 17.1 section
shall deemed
unconstitutional.this
being created or exchanged, section The purposed repeal and he provisions
to be
and new parcels which will with
be made o conformance used Efo land use not Mond in this section is to provide the repealed,l the provisions
resat. 11.15.1 When,In the opinion d Cobb*for lnpprrovemenunty�ts or, the Iququestio Generation number implement necessary toof
hereof no Kroger effectlw.
the planner,en applicant has oof trips a about the ion or number Implement the previsions of
11.13.9.6 All work shall comply not met the standards of Section 13.2 Of-Site Imorovemwnte rresubdldor will generatetell ammended.icle 68 of Title 4,C.R.S.as BE IT and h ORDAINED by
with the requirements of C.RS. 11.15.1.1 through 11.15.1.4,the The subdivider,applicant,or be decided by the County the Bocce that this a bre days
38-50.101,3251.101,38-51. Board shell hold a public owner shall install off-Me road Engineer. after become Meatsikro ,as
102,and 3853-103,and 38-63- hearing to consider the improvements as provided in 17.2 duration
- t rmina property tight- after its final public notice,as
of
104. application and to take final this section when it has been 13.2.8 The term for which the property right whichChas been the Weld Corovided by untyHome(Rule
action thereon. In making its determined by the Board that subdivide,applicant,or owner vested as provided for In this Charter.
11.13.9.7 All work shall comply decision, the Board shall the road facilities providing is entitled to reimbursement section shall remain vested for a
with the requirements of the consider the recommendation of accese to the subdivision are under the off-site ogovenies., period of three years. This If any section, subsection,
'Bylaws And SRalee,of
Boardr d e the
the planner,
hearing,and the not adequate in structural agreement, entered into vesting period shall not be paragraph,sentence,clause or
public 0pact',width,or functional between the seater and the extended by any amendments phrase of this Ordinance No.
Registration for Professional Information contained in the classification to support the county,is ten year*from the to a site specific development 173 Is,for any reason,held or
Engineers and Professional official record. The official traffic requirements of the uses date of execution of a contract plan unless expressly decided to be invalid or
Land Surveyors*and the'Rules record shall include the of the subdivision. for road improvements. authorized by the Board. unconstitutional,such decision
of Professional Conduct of the planner's case file. The Board
State Board of Registration for shod approve the request anises 132.1 The subdNitler,applicant. 13.2.0 Thisce shit not effect the valet'of the
Professional Engineers and k findstheappliant has not met or owner Nay order into n off- Mended to create any i nave of site specific develoand pment plan ong No f County Commissioners of
Professions Land Surveyors• one or more of the standees or site Improvements agreement action against Weld County or shall be approved until after a Weld County,Colorado,hereby
Board Policy Statements'. conditThe applicant
of this Section 11.16. prior to recording the final plat b officers or enflames by any public hearing,preceded by declares that it would have
11.13.0.8 A applicant has the burden of when the aubSubdivider.er,applicant. Subdivider.applicant.or owner written notice d such hearing. passed this Ordinance No.173,
signed copy al at proof to show the standards and or owner expects to receive for reimbursement,and In no Such notice may. at the end in each end every section,
Colorado Land Survey conditions of Section 11.15 are reimbursement for part of the way is Weld County to be County's option be combined subsection, paragraph,
Monument Recordafor Hosted met. The applicant shall cost of the off-site considered a guarantor of the with the notice required for the sentence,clause and phrase
'Aloud Corners*(C.R.B.3853- demonstrate: oppaments. monies to be reimbursed try the Subdivision Final Plat or with thereof Irrespective
10 2))Mil be submitted with subsequent subdividers, any other required notice. that anymore sections,
the. bdNbbn Exemption Rat. 11.15.1.1 The proposal Is 13.2.2 The off-site applicants,downers. Interestedone or it an) "Aliquot Corner'Indicated consistent with the policies of Mprovements agreement dug persons shall havethe subsentences,sections,clauses,
paragraphs,
on the plat is substantially as the Weld County captain ails opportunity icy to be heard at be cce,or phrases
described in an existing Comprehensive Plan;
b1owM¢ ¢FCTON I4 VARIANf:F¢ bearing. might be declared to. be
monument record previously 1322.1'The legal description 14.1 tlfiffYbl¢ The Boardunconstitutionalakmalid.
flied,and in the appropriate 11.1$3.2 The boundary change the properlyto be served; may am{Approval-effective mens eets-
records of the Clerk and or temporary use ootlbn which persona erland as within be amendments A site specific The above and foregoing
Recorder's, a copy of that would be allowed on the subject 13.2.2.2 The name of the reasonable and andIntent
the development plan shalt be Ordinance ot duly ma was,on
monument record and a letter of properly by granting the request owner(*)of thegeneral purpose ns, a of deemed aaof upon the motion maid and
cerrbatlon stating that it is as will be compatible d property to be the rules, regulations,by ns affective nldate io the Board's folken vote
by the
described on the Colorado Land surrounding s with the served; standards established subdivider acts , conditional ti
tee:antapproval Idkndag vote moths 7th day of
Survey Monument Remo sat Ashould dear The tt action. to the event December,A.D.,1882.
1 site i p ov event tide beoff- phase dearly demonstratemutates
ut that amendments n r a site specific
id
eaBlnplUpsi. when those�ps instances improvements to be hesial parcel make lli e to development th effective proposed d and WARDEN,
DONALD D.
_____ w le MO mese*completed wby bhe eubdividar, the _ literal to amendments,
mt the dpted the BOEd,Wed County Clerk to
arlasa1at�181E epplaeaterowr, edawma ice col ran a the edPrPperty Board
Mtweesai,_,impact 18224 The tell eat etre ea. the Inaawe e I most
r duration of a vested property
with the°erapatdea Redid sal effiev wssb; iw,lsib. seaateaeue flee, el be the date of the BY:l to
HENSON.Deputy
gnerr8lan. spec of the original site Clark lg the Board
' - specific development plan,
wises the bare speeEoelt NFlIOV®AT TO Milt
Mb te the eentrery and NECK IF I KI SWt,Comfy
thee.perales woe finding in b Albany
applwst ebb am meant.
11.13.0.0 The plat del tear Pee 63C. c Z3
Nlaebg.arB9rpae
I MN beset
the sole owner(s)M be el the
above described Fryarty do 10223 The w taamerMpg JrnTlfaN tiro AEON
hereby regiR a BasaL.. 11.19.1.4 A let berg eesed ler Is be geaeae'al brrd.r by oven POMP
ExemptionaM fowl as Mown is paper al Brie le9eB se Mewrbebeia4 se nriliWen,
hereon. robe in pre arisen Melee es specified by the ATE Trip 15.1 Any subblae,or agent of
be sold,shall be at least one Generation Manual', or by a subdivider,mite YeMMs or BOARD OF COUNTY
(Signature) acre in size,and will no longer special study approved by the sees or egreseS er acre 17.4.1 The Board of County COMMISSIONERS, WELD
exist upon termination of the Bard. . sell any subdivided Net Mee Cernmbeisnan stay approve• COUNTY.COLORADO
The foregoing certification was financing arra genent& a final get far sue eWMeded site specific development plan EXCUSED,Geroge Kennedy,
acknowledged before me this 13.2.2.6 A time period for land has been approved by the upon such terms and conditions Chairmen
day of , 11.152 Upon the Board making completion of the off-site Board and recorded or flied in as may reasonably be Constance L.Harbert,Pro-Tern
A.D.,19_ Its final decision,a resolution Inprovenene the office of the County Clerk necessary to protect the public C.W.Kirby
setting forth that decision w1 be and Recorder shag be gutty d a heath,safety,and welfare. The Gordon E.Lacy
My commission expires drafted and signed. A record of 13.2.2.7 The terms of misdemeanor and shall be conditional approval.hall result W.H.Webster
such action and a copy of the reimbursement and subject to a fine not to exceed in a vested property right,
Notary Public resolution will be kept in the flee five hundred dollars for each athough failure to abide by such FIRST READING:November 9,
Witness my Hand and Seat of the Clerkto the Bard end the 1322.8 The current address of parcel or interest in subdivided terns and conditions will result 1992
Board shall arrange for the the person to be reimbursed land which is sold or offered for Inc forfeiture of vested property PUBUCADON:November 12,
11.13.9.10 Registered Land Office of the Weld County Clerk during the term of the sale. A9 fines coteded shat be rights 1992
Surveyor's Certificate example. and Recorder to record the agreement. credited to the general fund of
resolution. the County. 17.5 Development agreements SECOND READING:
Surveyor's Certificate 13.2.3 Any off-site The Board of County November 23,1992
11.16 Correction to c improvements agreement shall 15.2 The Board shell have the Commissioners may enter Into PUBUCATION:November 26,
I, , Subdivision Fxememjejs The be made in conformance with power to bring an action to development agreements with 1992
a Registered Professional Lend planner or Board may,without• the Weld County Policy on enjoin any subdivider from landowners providing that
Surveyor in the State of hearing or compliance with any Collateral tor ImprovemeMa selling, agreeing to sell, or property rights shall be vested FINAL READING:December 7,
Colorado do hereby certify that of the submission,referral,or offering to sell subdivided land for a period exceeding three 1992
this Subdivision Exemption plat review requirements of this 13.2.4 If the subdivider, before a final plat for such years where warranted in light d PUBUCATION:Decanter 10.
was prepared under my Ordinance,approve a correction applicant, or owner falls to subdivided land has been all relevant circumstances, 1992
personal supervision,and that to a Subdivision Exemption if comply with the improvements approved by the Board Including,but not linked to,the
this plat is an accurate the sole purpose of such agreenwKhsorshe fortets the size and phasing of the EFFECTIVE DATE:December
representation thereof. I further Correction is to correct one or opportunity to obtain 15.3 Building permits for development,economic cycles, 16,1592
certify that the survey and this more technical errors in the reimbursement under this construction on land divided in and market conditions. Such
plat compass with al applicable legal description and when the section. an illegal runner subsequent to development agreements shell Publlshedin the Windsor
rules,regulations,and laws of correction Is consistent with the the adoption of this Ordinance be*doped as legislative acts Beacon November 12,
the State of Colorado,State approved exemption. 132.5 When it is determined by shell not be issued unless subject to referendum se November 21,Oeaewbr 1R
Board of Registration for the Board that vehicular traffic reviewed and approved by the provided for in the Web County l992.
Professional Engineers and 11.17 Amendment Any from a subdivision or Board. No building permit shall Home Rule Charter.
Professional Land Surveyors, Mange toapreibusfy approved resubdivlalon will use a road be approved by the Board
and Weld Canty. Subdivision Exemption which S Improvement conebucted under unless all of the following an be 17.6 Notice of approval Each
not a'commotion'as defined in an existing Improvement shown: map, plat,or other document
11.14 Dubed Ile simamma Section 11.16 above shallfollow agreement, the subsequent constituting a site specific
d Plereto Services the procedures of Section 11.11. subdivider,applicant,or owner 15.3.1 The parcel shall be development plan shall contain
shall reimburse the original accessible from an existing the following language:
11.14.1 The planner shall have 4FITnnN 1M IIT111TlFS AND subdivider,applicant,or owner, public road; 'Approval of this plan may
the responsibility for processing Th RnVFMFNTe for• portion of the original create a vested property right
and approving all applications construction add.In no event 15.3.2 The parcel will have pursuant to Article 68 of Title 24,
for Subdivision Exemptions as 12.1 The following shall the original subdivider, access to an adequate water C.R.S.,asamendedd.' Failure to
delegated by the Board. The Improvements shall be applicant,or owner collect an supply; contain this statement shall
planner shall also have the constructed at the expense of amount which steeds the total invalidate the creation of the
responsibility of ensuring that at the subdivider as stipulated in cost of improvements less the 15.3.3 The parcel will have vested property right. In
application submittal the subdivision Improvements pro rata share of the total trip access to an adequate means addition,a notice describing
requirements are met prior to agreement by the Board:- impacts generated by the for the disposal of sewage; generally the type and intensity
initiating any official action as original development. Evidence of use approved,the specific
feted below. 12.1.1 Road grading and that the original subdivider, 15.3.4 The issuance of the parcel or parcels of properly
surfacing; applicant.or owner has been building permit will not change affected and stating that a
11.14.2 Set a Board hearing reimbursed by be subsequent the essential character of the vested property right has been
only 8 tit 3 planner determines 12.1.2 Curbs,If required; subdivider,applicant or owner neighborhood; created shall be published once,
that the applicant has not met sls be submitted tote)Penner not more than 14 days after
the standards of Section 12.1.3 Sidewalks.f required; prior to recording the final 15.3.5 The procedure defined in approval of the site specific
11.15.1.1 through 11.15.1.4. sadMson or renddhision plat. this Section is not being utilized development plan, in the
12.1.4 Sanitary sewer laterals, for the purpose of evading the newspaper designated by the
11.14.3 Refer the application to where required; 13.2.6 The amount of road requirements and intent of the Board of County Commissioners
any agencies or individuals improvement cot to be paid by Weld County Subdivision for publication of notices.
whose review the Department of 12.1.5 Storm sewers or storm the subsequent subdivider, Ordinance;and
Planning Services or the Board drainage systems,asraquked; applicant. or owner of a 17.7 Payment of costs In
of County Commissioners subdivision or resubdivision 15.3.6 The owner does not own addition to any and all other tees
deems necessary. 12.1.6 Water distribution using the road improvements a parcel of lard adjacent to the and charges Imposed by this
edema,where applicable; constructed under • prior subject parcel. Ordinance,the applicant for
11.14.4 When,in the opinion of improvement agreement will be approval of • site specific
the planner,an applicant has 12.1.7 Street signs at at street based upon a pro rate slum of SFCTIRN 11k FFFQ development plan shall pay all
not met the standards of Section Imersedbrrl the total trip impacts associated of the County's costa resulting
11.15.1.1 through 11.15.1.4,a with the number and type of 16.1 Fees for all Subdivision from the site specific
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
November '5, 1992 m
A regular meeting of the Weld County Planning Commission was held. November 5 ,
1992, in the County Commissioners' Hearing Room (Room #1011, :Weld County
Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called
to order by the Vice-Chairman, Don Feldhaus , at 1: 30 p.m.
Tape 424
Richard Kimmel Present
Jean Hoffman Present
Tom Rulon Absent
Bill O'Hare Absent
Judy Yamaguchi Absent
Juliette Kroekel Present
Don Feldhaus Present
Shirley Camenisch Present
Bud Clemons Present
Also present, Lanell Swanson, Current Planner, Department of Planning Services,
Lee Morrison, Assistant County Attorney, Sharyn Ruff, Secretary.
Consider repeal of Weld County Subdivision Regulations dated November 28, 1990
and adoption of a new Weld County Subdivision Ordinance establishing rules,
regulations, and standards governing the subdivision of land within the
unincorporated areas of Weld County.
This is a request for the Weld County Subdivision Regulations dated November 28,
1990, to be repealed and Weld County Subdivision Ordinance 173 be adopted.
Lanell Swanson explained the adoption of a new Weld County Subdivision Ordinance
will establish rules , regulations, and standards governing the subdivision of
land within the unincorporated areas of Weld County. She and Lee Morrison
briefly explained the proposed changes .
The Vice-Chairman asked if there was anyone in the audience who wished to speak
for or against this application. No one wished to speak.
Bud Clemons moved Weld County Subdivision Ordinance 173 be forwarded to the Board
of County Commissioners with the Planning Commission' s recommendation for
approval. Richard Kimmel seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes;
Juliette Kroekel - yes ; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons
- yes . Motion carried unanimously.
eic
i1ival� � __
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
November 5, 1992
Page 2
Consider proposed amendment to Section 31.2.2 of the Weld County Zoning Ordinance
and the newly revised Subdivision Regulations.
Lanell Swanson explained the existing Zoning Ordinance is in need of revision.
The proposed section will be consistent with the future goals and needs of the
County as set out in the Weld County Comprehensive Plan and will be consistent
with the overall intent of the Weld County Zoning Ordinance.
The Vice-Chairman asked if there was anyone in the audience who wished to speak
for or against this application. No one wished to speak.
Jean Hoffman moved the proposed amendment to Section 31.2.2 of the Weld County
Zoning Ordinance be forwarded to the Board of County Commissioners with the
Planning Commission's recommendation for approval. Bud Clemons seconded the
motion.
The Vice-Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes ; Jean Hoffman - yes;
Juliette Kroekel - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons
- yes. Motion carried unanimously.
CASE NUMBER: USR-985
NAME: Susan F. Burke
ADDRESS: 2683 Weld County Road 42, Berthoud, CO 80513
REQUEST: A Site Specific Development Plan and a Special Review permit for a
dog breeding and training kennel (maximum 100 adult dogs) in the A
(Agricultural) zone district.
LEGAL DESCRIPTION: Part W2 SE4 of Section 21, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North of Weld County Road 42, approximately .25 miles west of Weld
County Road 7.
Susan Burke, applicant, explained she now houses 40 dogs and owns 15 to 20
personally. Her dogs are expensive show dogs she breeds and shows. She also
trains dogs for the "Pets for Pals" program, which is her donation to the
program. Extensive training is involved for the dogs who are selected in the
"Pets for Pals" program. These dogs are trained to carry backpacks, answer
telephones, pick up items from the floor, and basically serve the handicapped
child's needs. Jean Hoffman asked if she trains dogs for racing. Susan Burke
answered no. Bud Clemons asked what happens to the dogs who are not chosen for
this program. Susan Burke said these dogs are placed elsewhere. Shirley
Camenisch asked how long the training process takes. Susan Burke said it varies
with each animal and the type of need the handicapped child waiting has.
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bud Clemons that the following resolution be introduced for passage by
the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that:
The Weld County Subdivision Regulations dated November 28, 1990, be repealed and
that Weld County Subdivision Ordinance 173 be adopted.
The Ordinance will establish rules, regulations, and standards governing the
subdivision of land within the unincorporated areas of Weld County. The
Ordinance will not conflict with the Weld county Comprehensive Plan or Zoning
Ordinance.
Motion seconded by Richard Kimmel.
VOTE:
For Passage Against Passage
Richard Kimmel
Jean Hoffman
Juliette Kroekel
Don Feldhaus
Shirley Camenisch
Bud Clemons
The Chairman declared the resolution passed and ordered that a certified copy,
along with the attached materials, be forwarded to the Board of County
Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do
hereby certify that the above and foregoing resolution is a true copy of the
resolution of the Planning Commission of Weld County, Colorado, adopted on
November 5, 1992.
Dated the 5th f Nov er, 1992.
QSfP
Secretary
mEmoRAnDum
WilkPlanning Commission November 5, 1992
To Date
Department of Planning Services ( _
COLORADO From
Proposed Subdivision Ordinance 173
Subject:
The Department of Planning Services recommends that the Weld County Subdivision
Regulations dated November 28, 199O, be repealed and that Weld County Subdivision
Ordinance 173 be adopted.
The Ordinance will establish rules, regulations, and standards governing the
subdivision of land within the unincorporated areas of Weld County. The
Ordinance will not conflict with the Weld county Comprehensive Plan or Zoning
Ordinance.
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss
COUNTY OF WELD
NalIGUIEZIMMIMMINI
I, KEITH HANSEN, of said County of Weld, being duly
DCCKETNC*d sworn, say that I am publisher of
The Weld County Board of
County Commissioner will _ WINDSOR BEACON
conduct a public hearing at 9:0O
a.m.on Monday,Nwlmbsr 9.
1992. at the Weld County a Weekl y newspaper
Centennial Center,First Floor
having a general circulation in said
Hearing Room,Weld County County and State, published in the town of WINDSOR,
Centennial Center,916 Tenth in said County and State; and that the notice, of which
Street.Greeley,Colorado.The
purpose of the hearing Is to the annexed its a true copy, has been published in said
consider me repeal of the Weld weekly for / successive weeks, that the notice
County Subdivision Regulations.
and the first reading of was published in the regular and entire issue of every
Ordinance 0173 M the matter of paper number of the during the period and time of
establishing rules,regulations,
and standards governing the publication, and in the newspaper proper and not in a
eubdNisien of land within the supplement, and that the first publication of said notice
unincorporated areas of Web PP
county. was in said paper bearing the date of the
All persons in any manner
interested are requested to day of October , A.D., 19 nIY and
attend the hearing and met,be the last publication bearing the date of the
heard.
Copies of the proposed day of
• Subdivision Ordinance(#173) A.D., 19_ and
are available for public that the said WINDSOR BEACON has been published
Inspection in the office of the continuously and uninterru tedl for the period of 5
Clerk to the Board,Weld Count' P Y
Centennial Center.Room 317, consecutive weeks,in said County and State, prior to the
915 10th street, Greeley, date of first publication of said notice, and the same is a
Colorado,during regular office
hour. newspaper within the meaning of an Act to regulate
printing of legal notices an advertisements, approved
BOARD OF COUNTY May 18, 1931,and all prior is r as in force.
COMMISSIONERS, WELD
COUNTY,COLORADO •
• BY: DONALD D. WARDEN,
CLERK TO THE BOARD
BY: CAROL A. HARDING, P LISHER
Deputy Clerk to the Board 411f11 « Subscri d sworn to before me this IV 41
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