HomeMy WebLinkAbout952671.tiffREVISED PACKET FROM PLANNING STAFF
FOR SUBDIVISION ORDINANCE NO. 173
TO BE HEARD AT 9:00 A.M. ON
WEDNESDAY, OCTOBER 25, 1995.
10/13/95
CTB/SKM
952 eli
Memorandum
To: Board of County Commissioners
From: Monica Daniels -Mika, Long Range Planner, Department of Planning Services
Subject: Proposed changes to the Weld County Subdivision Ordinance
On August 15, 1995, the Planning Commission heard and recommended approval to the
attached changes to the Weld County Subdivision Ordinance. New information is redlnted while
deleted information is lined out. In addition to these changes staff would like to further request
the additional following changes.
Minor Subdivision Section:
6.3.3.5.12 The subdivision will not have an undue adverse effect on wildlife and its habitat,
the preservation of agricultural land, and historical sites.
Minor Subdivision inclusion by staff
4.5.6 (Applicant's section Pg. 7)
4.6.9.16 (Planning section Pg. 13)
4.6.16.16 (Board of County Commissioner's section Pg. 15)
Recorded Exemption
11.3.12 A statement explaining that the proposed division will not have an undue adverse
effect on wildlife and its habitat, the preservation of agricultural land, and
historical sites.
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PROPOSED CHANGES TO THE WELD COUNTY SUBDIVISION ORDINANCE
1.3 Statement of Purpose: The purpose of thia Ordinance is to achieve efficient and orderly
development. Efficient and orderly development is to achieve efficient and orderly development
achieved by satisfying all of the following criteria: satisfied by adhering to the following: The
purpose of th€s Ordinance is to achieve orderly and efficient development by.
1.3.1 Te Assisting orderly, efficient, and integrated development;
1.3.2 Te Promoteing the health, safety, and general welfare of the residents of the County;
1.3.3 Te Ensureing conformance of land subdivision plans with the public improvement plans of the
County and its various municipalities;
1.3.4 Te Ensure-ingcoordination with public municipal improvement plans and programs;
1.3.5 Te Encourageing well -planned subdivisions by establishing adequate standards for design
and improvement;
1.3.6 Te Improveing land survey monuments and records by establishing standards for surveys
and plats;
1.3.7 Te Safeguarding the interests of the public, the homeowner, and the subdivider;
1.3.8 Te Secureing equitable handling of all subdivision plans by providing uniform procedures and
standards;
1.3.9 Te Preventing loss and injury from fire in wooded terrain;
1.3.10 To Preserving agricultural land and promoteltg its most productive agrarian use;
1.3.11 To Ensure-ing that irrigation water currently associated with a farm or rural unit of land
will be retained for agricultural uses;
1.3.12 Te Preserveing natural vegetation and cover and promoteing the natural beauty of the
County;
1.3.13 Te Preventing and controling erosion, sedimentation, and other pollution of surface and
subsurface water;
1.3.14 Te Preventing flood damage to persons and properties and minimizeing
flood relief and flood control projects;
expenditures
for
1.3.15 Te Restricting or regulate building in flood hazard overlay district areas, shorelands, areas
covered by poor soils, or in areas poorly suited for building or construction;
1.3.16 Te Preventing loss and injury from land slides, mud flows, and other geologic hazards;
1.3.17 Te Provideing adequate space for future development of schools and parks to serve the
population;
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1.3.18 Te Ensureing the planning for and provisions of an adequate and safe source of water and
means of sewage disposal;
2.13 "M" A Minor Subdivision is a procedure for subdividing a tract of land being divided into no more
than six (6) five (5) lots.
MANUFACTURED HOME: A single family dwelling which: is practically or entirely
manufactured in a factory; is not less than twenty-four feet in width and thirty-six feet in
length; is installed on an engineered permanent foundation in compliance with ANSI
A225.1-1987. Manufactured Home Installations, Appendix C; has brick, wood, or
cosmetically equivalent exterior siding and a pitched roof; and is certified pursuant to the
"National Manufactured Housing Construction and Safety Standards Act of 1974", 42
U.S.C. 5401 et seq, as amended.
SECTION 3: MAJOR SUBDIVISION AND MINOR SUBDIVISION PROCESS
Major Subdivision Process
3.1 After proper zoning has been established then the proposed subdivision is subject to a three stcp The
major subdivision process is comprised of a four -step review and approval process. The first step
is the sketch plan submittal process. The sketeh 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 or if the subdivision is within an
urban growth boundary S),aetlittVititadOOtektjWittijipfroVed described by an adopted
intergovernmental agreement(s). 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 second step is the change of zone process is found in Section 21 of the Weld County Zoning
Ordinance. After a complete application is received, the change of zone process should be
completed within 120 days. The planner should be consulted for the correct application fee.
3.3 The third step is the preliminary plan submittal process. 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 or if the subdivision is within an urban growth boundary
as defined and adopted In ,any approved as described by an adopted intergovernmental
agreement(s). 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.
3.4 The fourth step is the -A final plat submittal process 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.
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Minor Subdivision Process
3.5 After proper zoning has been established then The minor subdivision is subject to a hoe three 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.
3.6 The second step is the change of zone process which is found in Section 21 of the Weld County
Zoning Ordinance. After a complete application is received, the change of zone process should be
completed within 120 days. The planner should be consulted for the correct application fee. The
final plat submittal is the second step
3.7 The third step is the final plat submittal process and is described in Section 21 of the Weld County
Zoning 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.
SECTION 4: MINOR SUBDIVISIONS
Minor Subdivisions
4.1 The minor subdivision procedure is a process for development and review of subdivisions proposing
a maximum ofsix-(6) five (5) lots. The minor subdivision process utilizes the minor subdivision sketch
plan application requirements process and the minor subdivision final plat requirements process of
this Section.
4.1.1 The minor subdivision process shall not be used to further subdivide lots previously
approved as a 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 minor subdivision process shall not be used to further subdivide
contiguous parcels when the total number of combined parcels under common
ownership is greater than six (6). The minor subdivision process shall not be
used to circumvent this Subdivision Ordinance by using more than one rninor
subdivision to avoid following the major subdivision requirements. Ar
appl€cation fora minor subdivision will be presumed to circumvent this
ordinance when the; result of approval would be to create more than5 (five)
minor subdivision tots on parcels under common ownership within a 1320' (114
mile) radius of each other.
4.1.3 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.
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4.2 MINOR SUBDIVISION: SKETCH PLAN -- FIRST STEP. 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.
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;
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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:
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 ensuring
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 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 Department of Planning Services. The reviews and
comments solicited by Weld County are intended to provide the County with
information about the proposed minor subdivision. The Department of
Planning Services may consider all such review 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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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.
4.3.3 The planner shall prepare a recommendation for the applicant addressing all
aspects of the application including:
4.3.3.1 PrEliminary determination as to Whether the proposed minor subdivision
complies with the regurmtents of Conformanceto the Weld County Zoning and
Subdivision Ordinances, for review and approval;
4.3.3.2 Comments received from referral agencies; and
4.3.3.3 Comments received from surrounding property owners and owners and
lessees of the mineral estate.
4.4 MINOR SUBDIVISION: CHANGE OF ZONE -- SECOND STEP. Art applicant sha€€ submit a
complete change of zone application following the procedures The second step is the change
of zone process which is found in Section 21 of the Weld County Zoning Ordinance. After a
complete application is received, the change of zone process should be completed within 120
days. The planner should be consulted for the correct application fee.
4.5 MINOR SUBDIVISION: FINAL PLAT CCCOND THIRD STEP. 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:
4.5.1 A minor subdivision final plat application form provided by the planner;
4.5.2 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.
4.5.3 A description of the type of uses proposed for the subdivision;
4.5.4 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;
4.5.5 The total number of lots proposed;
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4.5.6 A description of the minor subdivision circulation system, including sidewalk width,
school bus stops and turn around areas, road width, type and depth of road
surface, curb and gutter, valley pan, or width and depth of borrow ditches, and
vehicle parking arrangement;
4.5.7 A statement describing the ownership, function, and maintenance of any school site,
open space, or park within the proposed minor subdivision;
4.5.8 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
4.5.9 Awater 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; 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.
4.5.10 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.
4.5.11
4.5.12
Letters from energy and utility suppliers indicating availability of services.
A lict Copies of any covenants, grants of easement, and restrictions imposed upon
any land, buildings, and structures within the proposed minor subdivision.
4.5.13 A copy of a Colorado Department of Transportation access permit, if a new road or
street within the proposed minor subdivision intersects with a State Highway.
4.5.14 If applicable, a copy of an agreement signed by the applicant and representative of
the irrigation ditch company. The agreement shall specify the treatment
maintenance of the ditch.
4.5.15 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.
4.5.16 A proposed subdivision improvements agreement executed by the applicant The
agreement on forms ere provided by the planner. The agreement shall be made in
accordance with the Weld County Policy on Collateral for Improvements.
4.5.17 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.
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4.5.18 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.
4.5.19 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.
4.5.20 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.
4.5.21 Minor subdivision final plat map requirements.
4.5.21.1 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').
4.5.21.2 A photo mylar copy or diazo sensitized mylar copy of the original ink drawing, three
(3) millimeters or greater in thickness, may be submitted.
4.5.21.3 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.
4.5.21.4 If a minor subdivision requires more than two (2) sheets, a map showing the
relationship of the individual sheets shall be required.
4.5.21.5 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.
4.5.21.6 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."
4.5.21.7 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).
4.5.21.8 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 os described in
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an existing record previously filed, and in the appropriate records of the Clerk and
Recorder, a copy of that monument record end a letter of certification atating that it
4.5.21.8 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.
4.5.21.9 The surveyor shall affix his or 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".
4.5.21.10 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;
4.5.21.11 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;
4.5.21.12 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;
4.5,21.13 The area of each lot shall be shown in acres;
4.5.21.14 Curved boundaries and all curves on the final plat shall include the radius of curve,
central angle, chord distance, and bearing;
4.5.21.15 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;
4.5.21.16 All streets shall be designated and identified by bearings and dimensions. All street
names shall be shown;
4.5.21.17 All easements that are not parallel to a lot line shall be designated and identified by
bearings and dimensions;
4.5.21.18 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.
4.5.21.19 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.
4.5.21.20 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.
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4.5.21.20.1 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
) ss.
County of Weld
The foregoing dedication was acknowledged before me this day of 19
My commission expires
Notary Public Witness my hand and Seal
4.5.21.20.2 Surveying Certificate:
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
4.5.21 .20.3 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
4.5.22 An erosion control plan, if required as a result of a minor subdivision sketch plan
requirement.
4.5.23 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.
4.5.24 A certificate from the County Treasurer showing no delinquent taxes for the minor
subdivision final plat area.
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4.5.25 A title commitment or a title opinion covering all public dedications.
4.5.26 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.
4.6 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 ensuring all application submittal requirements are
met prior to processing the application. Once a complete application is submitted, the planner shall:
4.6.1 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;
4.6.2 Schedule a hearing before the Utilities Advisory Coordinating Committee. This
hearing shall be held prior to the Planning Commission hearing;
4.6.3 Give notice of the application for a minor subdivision final plat and the Planning
Commission public heating 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;
4.6.4 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;
4.6.5 rrevide The planner shall post 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 shall be posted in the most prominent place on the
property and pest a second sign shall be posted 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 The Department of Planning Services shall certify that
the sign has been posted for the ten (10) days preceding the hearing date. Each sign
shall show the following information:
4.6.5.1 The assigned application number;
4.6.5.2 The date, time, and place of the public hearing;
4.6.5.3 The phone number and location of the Department of Planning Services;
4.6.5.4 The applicant's name;
4.6.5.5 The acreage of the parcel under consideration; and
4.6.5.6 The number of lots requested.
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4.6.6 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;
4.6.7 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. 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.
4.6.8 The planner shall prepare a recommendation for the Planning Commission
addressing all aspects of the application including:
4.6.8.1 Conformance to the Weld County Zoning and Subdivision Ordinances for review and
approval;
4.6.8.2 Comments received from referral agencies; and
4.6.8.3 Comments received from surrounding property owners and owners and lessees of
the mineral estate.
4.6.9 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 4.6.9.1 through 4.6.9.15 have been or will be met. The
applicant has the burden of proof to show the standards of Sections 4.6.9.1 through
4.6.9.16 are met. The applicant shall demonstrate:
4.6.9.1 Compliance with the Weld County Comprehensive pPlan and the zone district in
which the proposed use is located within;
4.6.9.2 That the minor subdivision will be located in an Urban Crowth Boundary area; That
definite- provisions have been made to preserve prime agricultural land;
4.6.9.3 That definite provisions has have 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;
4.6.9.4 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;
4.6.9.5 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;
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4.6.9.6 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;
4.6.9.7 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;
4.6.9.8 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;
4.6.9.9 That the minor subdivision is not part of or contiguous with a subdivision previously
approved by Weld County. a previously recorded subdivision or unincorporated
townsite.
4.6.9.10 That there will be no on -street parking permitted within the minor subdivision;
4.6.9.11 That no additional access to a county, state, or federal highway will be created;
4.6.9.12 That the ingress and egress to all lots within the minor subdivision will be to an
internal road circulation system;
4.6.9.13 That facilities providing drainage and stormwater management are adequate;
1.6.9.14 That each lot within the minor subdivision will be at least two and one half (2.5) acres
in 3izc;
4.6.9.14 That the maximum number of lots within the minor subdivision will not exceed
six (6) five (5) lots; and
4.6.9.15 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.
4.6.10 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.
4.6.11 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.
4.6.12 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;
4.6.13 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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4.6.14 larevide The planner shall post 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 shall be posted in the most prominent place on the
property and pest a second sign shall be posted 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 The Department of Planning Services shall certify that
the sign has been posted for the ten (10) days preceding the hearing date. Each sign
shall show the following information:
4.6.14.1 The assigned application number;
4.6.14.2 The date, time, and place of the public hearing;
4.6.14.3 The phone number and location of the Department of Planning Services;
4.6.14.4 The applicant's name;
4.6.14.5 The acreage of the parcel under consideration; and
4.6.14.6 The number of lots.
4.6.15 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.
4.6.16 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 4.6.16.1 through 4.6.16.15 have been or will be met. The applicant has
the burden of proof to show that the standards of Sections 4.6.16.1 through 4.6.16.15
are met. The applicant shall demonstrate:
4.6.16.1 Compliance with the Weld County Comprehensive Plan and the zone district in
which the proposed use is located.
4.6.16.2 That thc minor subdivision will be loeoted in an Urban Growth Boundary area; That
definite provisions have been made to preserve prime agricultural lands.
4.6.16.3 That definite provisions has have 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;
4.6.16.4 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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4.6.16.5 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;
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;
4.6.16.7 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;
4.6.16.8 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;
4.6.16.9 That the minor subdivision is not part of or contiguous with a subdivision previously
approved by Weld County a previously recorded subdivision or unincorporated
townsite.
4.6.16.10 That there will be no on -street parking permitted within the minor subdivision;
4.6.16.11 That no additional access to a county, state, or federal highway will be created;
4.6.16.12 That the ingress and egress to all lots within the minor subdivision will be to an
internal road circulation system;
4.6.16.13 That facilities providing drainage and stormwater management are adequate for the
minor subdivision;
4.6.16.14 That the maximum number of lots within the minor subdivision will not exceed six (6)
five (5) lots; and
4.6.16.15 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;
4.6.17 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.
4.6.18 No minor subdivision final plat shall be considered approved and eligible for
recording until the Board has approved a subdivision improvements agreement.
SECTION 5: MAJOR SUBDIVISION: SKETCH PLAN-- FIRST STEP
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.
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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 applicants 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.
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.
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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 (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.
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 ensuring 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.
5.3.1.3 MAJOR SUBDIVISION : ;CHANGE OF ZONE - STS, EP-TWG SECOND STEP —The
second step is the change of zone process which is found An applicant shall
040Itc:*;!Oompfe**hoogr4:00App!ipookfopotAptIhkiposooDokin
Section 21 of the Weld County Zoning Ordinance. After a complete application
is received, the change of zone process should be completed within 120 days.
The planner should be consulted for the correct application fee.
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SECTION 6: MAJOR SUBDIVISION: PRELIMINARY PLAN-- STEP THREE
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 Adescription 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.
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.
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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.
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.
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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 (36)
inches. The scale shall be one inch equals 600 feet, 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 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
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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.
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 ensuring 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 The planner shall post a sign for the applicant to post on the property under
consideration of a major 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
applieant shall post One sign shall be posted in the most prominent place on the
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property and pest a second sign shall be posted 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 The Department of Planning Services 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.
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 or if the parcel under consideration for the preliminary plan falls
..............................................
within an urban growth boundary as defined by an adopted and adopted In any
approved' intergovernmental agreement(s) or ;
6.3.1.7.2 Weld County Environmental Protection Services;
6.3.1.7.3 Weld County Engineering Public Works 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;
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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.
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 Weld County Zoning and Subdivision Ordinances 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 6.3.1.9.12 are met. The applicant
shall demonstrate:
6.3.1.9.1 That the proposed subdivision is located within an Urban Growth Boundary
area as defined -by and adopted€in any approved an -adapted intergovernmental
agreement(s), or as defined in the Weld County Comprehensive Plan;
6.3.1.9.2 Compliance with the Weld County Comprehensive Plan and the zone district in
which the proposed subdivision is located;
6.3.1.9.3 Comments received from referral agencies, have been addressed, if applicable.
6.3.1.9.4 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;
6.3.1.9.5 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;
23
6.3.1.9.6 That streets within the subdivision are adequate in functional classification, width, and
................
structural capacity to meet the traffic requirements needs of the proposed subdivision
in accordance with the requirements set forth in Section 10 of this Ordinance.
6.3.1.9.7 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;
6.3.1.9.8 That facilities providing drainage and stormwater management are adequate;
6.3.1.9.9 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;
6.3.1.9.10 The subdivision will not cause air pollution violations based on Colorado Department
of Health standards;
6.3.1.9.11 The subdivision conforms to the subdivision design standards of Section 10; and
6.3.1.9.12 The subdivision will not have an undue adverse effect on wildlife and its habitat, the
preservation of agricultural land, and historical sites.
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 6.3.3.5.1 through 6.3.3.5.12 are met. The applicant shall
demonstrate the following:
24
6.3.3.5.1 That the proposed subdivision is located within an Urban Growth Boundary
area as defined by an adopted acid adopted in arty approved intergovernmental
agreement(s), or as defined in the Weld County Comprehensive Plan.
6.3.3.5.2 Compliance with the Weld County Comprehensive Plan and the zone district in
which the proposed subdivision is located within;
6.3.3.5.3 That comments received from referral agencies have been addressed, if
applicable;
6.3.3.5.4 That definite provision has been made for a public supply that is sufficient in terms
of quantity, dependability, and quality to provide water for the subdivision, including
fire protection;
6.3.3.5.5 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;
6.3.3.5.6 That streets within the subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements needs of the proposed subdivision
in accordance with the requirements set forth in Section 10 of the Ordinance.
6.3.3.5.7 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;
6.3.3.5.8 That facilities providing drainage and stormwater management are adequate;
6.3.3.5.9 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;
6.3.3.5.10 The subdivision will not cause air pollution violations based on State Hcolth Colorado
Department of Health standards;
6.3.3.5.11 The subdivision conforms to the subdivision design standards of Section 10; and
6.3.3.5.12 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.
SECTION 7: MAJOR SUBDIVISION: FINAL PLAT-- THIRD FOURTH STEP
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
25
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;
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
26
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.
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.
27
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').
7.2.6.2 A photo mylar copy or diazo sensitized mylar copy of the original ink drawing, three
(3) millimeters 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".
28
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;
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.
29
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 Wtness 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
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.
Wtness 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
30
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.
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) forty five SO 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;
31
7.3.1.3 Provide The planner shall post a sign for the applicant to post on the property under
consideration of a major 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 shall be posted in the most prominent place on the
property and pest a second sign shall be posted at a point where a driveway (access
drive) intersects a publicly maintained road right-of-way. The sign shall be posted by
the opplic.nt, .lei The Department of Planning Services 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 applicants name;
7.3.1.3.5 The acreage of the parcel under consideration; and
7.3.1.3.6 The type of request.
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 That the proposed subdivision is located within an Urban Growth Boundary area
as defined Ott 4100$4tV jkAiir Approved by an adopted intergovernmental
agreement(s), or as defined in the Weld County Comprehensive Plan.
7.3.2.2 Compliance with the Weld County Comprehensive Plan and the zone district tit
whiolt the proposed subdivision is located within;
7.3.2.3 Comments received from referral agencies, have been addressed, if applicable;
7.3.2.4 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;
7.3.2.5 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;
7.3.2.6 That streets within the subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the proposed subdivision
32
7.3.2.7 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 proposed subdivision in accordance with the requirements set
forth in Section 10 of the Ordinance.
7.3.2.8 That facilities providing drainage and stormwater management are adequate;
7.3.2.9 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;
7.3.2.10 The subdivision will not cause air pollution violations based on Colorado Department
of Health standards;
7.3.2.11 The subdivision conforms to the subdivision design standards of Section 10; and
7.3.2.12 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.
7.3.3.1 The applicant has the burden of proof to show that the standards of Section 7.3.3.1.1
through 7.3.3.1.12 are met. The applicant shall demonstrate:
7.3.3.1.1 That the proposed subdivision is located within an Urban Growth Boundary area
as defined atit adapted in arty approved by an adopted intergovernmental
agreement(s), or as defined in the Weld County Comprehensive Plan;
7.3.3.1.2 Compliance with the Weld County Comprehensive Plan and the zone district to
which the proposed subdivision is located -Within;
7.3.3.1.3 That comments received from referral agencies have been addressed, if applicable;
7.3.3.1.4 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;
7.3.3.1.5 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;
7.3.3.1.6 That streets within the subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the proposed subdivision;
7.3.3.1.7 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;
7.3.3.1.8 That facilities providing drainage and stormwater management are adequate;
33
7.3.3.1.9 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;
7.3.3.1.10 The subdivision will not cause air pollution violations based on Colorado Department
of Health standards;
7.3.3.1.11 The proposed subdivision conforms to the subdivision design standards of Section 10;
and
7.3.3.1.12 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.
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 7 shall be followed when proposing other changes to a recorded final
plat.
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.
34
10.3 Streets
10.3.1 St, All streets within -the major subdivisions and planned unit
developments will be paved in accordance with the following standards, with -the
exception of minor subdivision streets.
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.
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 Wdth . . Shoulder Width
10.3.1.8.2 Local 10 feet to 11 feet 4 feet
10.3.1.8.3 Collector 12 feet .... 6 feet
10.3.1.8.4 Arterial 12 feet .8 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.
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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.
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.
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10.3.4 Road 6ensN-retien Structure Road construction Structural Capacity 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 Trio Generation Manual
published by the Institute of Transportation Engineers.
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 Riciht-of-Wav 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.
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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.
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.
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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 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 Irriaation 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:
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;
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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 Adiscussion 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.
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.
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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.
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:
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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.
10.13 Storm Drainage Design and Technical Criteria
10.13.1 The engineer is to use published material by a generally accepted authoritative
approved by the Weld County Engineer. 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.
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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.
10.13.4.1
Design Storm Frequencies
Land use
Residential
Open Space
Commercial
Public Buildings
Industrial
Road Crossings Conducting Drainage
Local Road
Collector Road
Arterial Road
Natural Drainage
Design Storm Period
5 years
5 years
10 years
10 years
10 years
10 years
25 years
50 years
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.
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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.
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.
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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.
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.
SECTION 11: RULES AND REGULATIONS FOR EXEMPTIONS
11.1 Exemption from Definition of Subdivision or Subdivided Land
The Board hereby determines that land divisions which meet the requirements for
exemption in this Section 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".
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11.1.2 Owners of land are only eligible to apply for an exemption when alt least one of
the resulting parcels would be less than thirty-five 436E acres in size:
11.1.3 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 11.4.2.1
through 11.4.2.6. If the planner determines that the applicant has not met the
Standards of Section 11.4.2.1 through 11.4.2.6, 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 application may be submitted 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;
11.3.4 A water supply statement. The statement will include evidence that 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 for domestic use. The water supply statement should also
contain the type and quantity of irrigation water available to the site, if
applicable.
11.3.5 A statement explaining that 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;
11.3.6 A description of how the property is being used. If applicable ,When the parcel(s) is
located in the agricultural zone district If , the description shall include
approximate acreage of prime and nonprime farmland as defined in the Weld
County Comprehensive Plan, irrigated and dryland crops, number and types of
livestock and any existing improvements such as the principal residence, labor home,
mobile home, manufactured home, barn, outbuildings, irrigation ditches, and oil well
production facilities on the property;
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11.3.7 The reason for the proposed recorded exemption with an explanation how each lot
would will be used;
11.3.8 A description of the location, size, and present use of the area where the proposed
new lot will be created;
11.3.9 A statement explaining the proposal is consistent with the Weld County
Comprehensive Plan and any adopted municipal plan, and any adopted approved
intergovernmental agreement(s), if applicable;
11.3.10 A statement explaining —the how uses permitted the proposed uses will be
compatible with existing uses surrounding land uses. the proposed recorded
exemption;
11.3.11 A statement explaining how the proposal is consistent with the intent of the district it
is located within as expressed in the Weld County Zoning Ordinance;
11.3.12 A statement explaining how the proposal is consistent with efficient and orderly
development as expressed with the pultpose of in Section 1.3 of this Ordinance;
and
11.3.13 A recorded exemption sketch map drawn at a suitable scale on a sheet of paper 81/2
by 11 inches. The sketch map shall be legible and include the following information:
11.3.13.1 The boundary of the proposed recorded exemption property;
11.3.13.2 The boundaries of the two lots created by the proposed recorded exemption;
11.3.13.3 A north arrow;
11.3.13.4 All existing and proposed driveways and access associated with either lot;
11.3.13.5 The name of any existing roads or highways abutting the proposed recorded
exemption property;
11.3.13.6 All existing structures on the proposed recorded exemption property. This includes
principal and labor homes, mobile homes, manufactured homes, outbuildings, pens,
irrigation ditches, and oil well production facilities; and
11.3.13.7 All easements or rights -of -way located on the proposed recorded exemption property;
and
11.3.13.8 All unique physical characteristics 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:
48
11.4.1 Send the application to referral agencies for review and comment. The agency shall
respond within fourteen (14) twenty-one (21) days after the application is mailed.
The failure of any agency to respond within fourteen (14) twenty-one (21) 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, of if the proposed recorded exemption is within an urban growth
boundary as described by and an adopted defined and, adopted: in any
approved;!intergovernmental agreement(s);
11.4.1.2 Weld County Environmental Protection Services;
11.4.1.3 Weld County Engineering Department Public Works 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
11.4.1.7 Any other agency or individual whose review is considered necessary to evaluate the
recorded exemption application.
11.4.2 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 11.4.2.1 through 11.4.2.6 The application shall demonstrate:
11.4.2.1 Conformance with the Weld County Comprehensive Plan Urban Growth Boundary
Goals and Policies and any adopted approved intergovernmental agreement(s)
cad any adopted municipal plan when the recorded exemption application is located
within a specified intergovernmental boundary area(s); or in abacncc of this
agreement three (3) mile radius of a municipality;
11.4.2.2 Compatibility with existing surrounding land uses;
11.4.2.3 Consistency with the intent of the zone district the recorded exemption is located
within as expressed in the Weld County Zoning Ordinance;
11.4.2.4 Consistency with efficient and orderly development 00 :#00:* of oc act forth in
Section 1.3 of this Ordinance;
11.4.2.5 Compliance with the recorded exemption standards set forth in Section 11.8 of this
Ordinance;
11.4.2.6 Adequate provision for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
49
11.4.3 The approval by the Department of Planning Services staff may be conditioned
or restricted to carry out the intent of Section 1.3 of this Ordinance including,
but not limited to, designation of building envelopes, creation of conservation
easements or other legal mechanisms to encourage agricultural uses of the
parcels and to maintain irrigation water for the parcels, and the utilization of
existing housing stock. Conditions of approval shall be met prior to recording
the plat and restrictions may be enforced by means of notes on the plat.
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
11.4.2.1 through 11.4.2.6. 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 Urban Growth Boundary
Policies and Goals and an adopted intergovernmental agreement(s) and any
adopted municipal plan when the recorded exemption application is located within
a specified Intergovernmental boundary area(s); or in absence of this agreement
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 as
expressed in the Weld County Zoning Ordinance;
11.5.4 Consistency with efficient and orderly development the purpose°of es -set -forth -in
Section 1.3 of this Ordinance;
11.5.5 Compliance with the recorded exemption standards set forth in Section 11.5 of this
Ordinance; and
11.5.6 Adequate provision for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
11.5.7 The approval by the Department of Planning Services staff card of aunfy
Commissioners may be conditioned or restricted to carry out the intent of
Section 1.3 of this Ordinance including, but are not limited to, designation of
building envelopes, creation of conservation easements or other legal
mechanisms to encourage agricultural uses of the parcels and to maintain
irrigation water for the parcels, and the utilization of existing housing stock.
Conditions of approval shall be met prior to recording the plat and restrictions
may be enforced by means of notes on the plat.
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 of this Ordinance.
50
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. Ne mixing of o`.__ of co i_ The mixing of
sheet sizes is prohibited. 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 of this Ordinance;
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;
51
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;
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 plot 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 deseribed on the Colorado Lend Survey Monument Record shall
be oubmittcd;
DC�JC1prT11[IG�
11.7.11 The plat shall bear the following certifications:
11.7.11.1 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 ffill 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
11.7.11.2 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 #
11.7.11.3 Board of County Commissioners 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 fling.
Chairperson of the Board of County Commissioners
Attest:
Weld County Clerk to the Board By Dated
Deputy Clerk to the Board
11.7.11.4 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
My Commission expires:
Notary Public Witness my hand and Seal
52
day of A.D., 19
11.7.11.5 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 all of
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;
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;
All accesses shall be in accordance with Section 3 of the Weld
County Public Works Policies, Ordinance 180, as amended.
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 concems of referral agencies. Existing or future public rights -of -
way shall be dedicated or reserved in conformance with the Weld County
Comprehensive Plan, and any adopted intergovernmental agreement(s), 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 (160 acres), a
portion of the lot equal to the minimum lot size (80 acres) may be used in the
recorded exemption application.
11.8.8 The proposed recorded exemption is not part of an approved recorded exemption
within the last fivc (5) ten (10) 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.
53
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 of this Ordinance, shall be processed as a new recorded exemption, if eligible.
subchange
54
Memorandum
To: Board of County Commissioners
WELD COUNTY
iT SEP 22 PH 3: 06
CLERK
TO THE BOARD
From: Monica Daniels -Mika, Long Range Planner, Department of Planning Services
Subject: Proposed changes to the Weld County Subdivision Ordinance
On August 15, 1995, the Planning Commission heard and recommended approval to the
attached changes to the Weld County Subdivision Ordinance. New information is redhined
whilke deleted information is lined out. In addition to these changes staff would like to further
request the additional following changes.
Minor Subdivision Section:
6.3.3.5.12 The subdivision will not have an undue adverse effect on wildlife and its habitat,
the preservation of agricultural land, and historical sites.
Minor Subdivision inclusion by staff
4.5.6 (Applicant's section Pg. 7)
4.6.9.16 (Planning section Pg. 13)
4.6.16.16 (Board of County Commissioner's section Pg. 15)
Recorded Exemption
11.3.12 A statement explaining that the proposed division will not have an undue adverse
effect on wildlife and its habitat, the preservation of agricultural land, and
historical sites.
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PROPOSED CHANGES TO THE WELD COUNTY SUBDIVISION ORDINANCE
1.3 Statement of Purpose:
achieved by satisfying all of the following criteria: satisfied by adhering to -t _ Aing he 4allewyvin • The
0i00ose of hits; CSrdtnalnce Is to 40hiava erdarly and efftcter►t development ry;'
1.3.1 Te Assisting orderly,_oifielent, and integrated development;
1.3.2 Te Promoteing the health, safety, and general welfare of the residents of the County;
1.3.3 Te Ensureing conformance of land subdivision plans with the public improvement plans of the
County and its various municipalities;
1.3.4 Te Ensure-ingcoordination with public municipal improvement plans and programs;
1.3.5 Te Encourageing well -planned subdivisions by establishing adequate standards for design
and improvement;
1.3.6 Te Improveing land survey monuments and records by establishing standards for surveys
and plats;
1.3.7 Te Safeguarding the interests of the public, the homeowner, and the subdivider;
1.3.8 Te Secureing equitable handling of all subdivision plans by providing uniform procedures and
standards;
1.3.9 Te Preventing loss and injury from fire in wooded terrain;
1.3.10 To Preserving agricultural land and promoteing its most productive agrarian use;
1.3.11 To Ensure-ing that irrigation water currently associated with a farm or rural unit of land
will be retained for agricultural uses;
1.3.12 Te Preserveing natural vegetation and cover and promoteftin the natural beauty of the
County;
1.3.13 Te Preventing and controllAg
subsurface water;
erosion, sedimentation, and other pollution of surface and
1.3.14 Te Preventing flood damage to persons and properties and minimizeig expenditures, for
flood relief and flood control projects;
1.3.15 Te Restricting or regulate building in flood hazard overlay district areas, shorelands, areas
covered by poor soils, or in areas poorly suited for building or construction;
1.3.16 Te Preventing loss and injury from land slides, mud flows, and other geologic hazards;
1.3.17 Te Provideing adequate space for future development of schools and parks to serve the
population;
1
1.3.18 T -e Ensureing the planning for and provisions of an adequate and safe source of water and
means of sewage disposal;
2.13 "M" A Minor Subdivision is a procedure for subdividing a tract of land being divided into no more
than six (6) five (5) lots.
MANUFACTURED HOME: A single family dwelling which: is practically or entirely
manufactured in a factory; is not less than twenty-four feet in width and thirty-six feet in
length; is installed on an engineered permanent foundation in compliance with ANSI
A225.1-1987, Manufactured Home Installations. Appendix C; has brick, wood, or
cosmetically equivalent exterior siding and a pitched roof; and is certified pursuant to the
"National Manufactured Housing Construction and Safety Standards Act of 1974", 42
U.S.C. 5401 et seq, as amended.
SECTION 3: MAJOR SUBDIVISION AND MINOR SUBDIVISION PROCESS
Major Subdivision Process
3.1 After proper zoning has been established then the proposed subdivision is subject to a three step The
major subdivision process is comprised of a four -step review and approval process. The first step
is the sketch plan submittal process. The sketeh 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 or if the subdivision is within an
urban growth boundary acohniktimt adopted in an approved described by an adopted
intergovernmental agreement(s). 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 second step is the change of zone process which is found in Section 21 of the Weld County
Zoning Ordinance. After a complete application is received, the change of zone process should be
completed within 120 days. The planner should be consulted for the correct application fee.
3.3 The third step is the preliminary plan submittal process. 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 or if the subdivision is within an urban growth boundary
WaefikiklAidii00000104iii4000004 as described by an adopted intergovernmental agreement.
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.
3.4 The fourth step is the -A final plat submittal process 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.
2
Minor Subdivision Process
3.5 After proper zoning has been established then The minor subdivision is subject to a time three 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.
3.6 The second step is the change of zone process which is found in Section 21 of the Weld County
Zoning Ordinance. After a complete application is received, the change of zone should be
completed within 120 days. The planner should be consulted for the correct application fee. Tke
final plat submittal is the second step
3.7 The third step is the final plat submittal process and is described in Section 21 of the Weld County
Zoning 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
A _f al:Tinance.
SECTION 4: MINOR SUBDIVISIONS
PROPOSED AMENDMENTS TO SUBDIVISION REGULATIONS
Minor Subdivisions
4.1 The minor subdivision procedure is a process for development and review of subdivisions proposing
a maximum ofoix (6) five (5) lots. The minor subdivision process utilizes the minor subdivision sketch
plan application requirements process and the minor subdivision final plat requirements process of
this Section.
4.1.1 The minor subdivision process shall not be used to further subdivide lots previously
approved as a 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 minor subdivision process shall not be used to further subdivide
contiguous parcels when the total number of combined parcels under t smmon
ownership is greater than six (6). The minor subdivis€on process sha€l, not be
used to circumvent this S4bd€vision Ordinance by using mote #han ape mi nor
subdivis€on to avoid following the major subdivision requirements. An
application fora minor subdivision will be presumed to:circumvent this
ordinance when the result of approval would be to create more than (five)
minor subdiv€s€on lotson parcels under common ownership within a 1.320' (1{d
mile) radius of each other;
4.1.3 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.
3
4.2 MINOR SUBDIVISION: SKETCH PLAN -- FIRST STEP. 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.
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
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:
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, outlets, 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 ensuring
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 agencics for review; and 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 Department of Planning Services. The reviews and
comments solicited by Weld County are intended to provide the County with
information about the proposed minor subdivision. The Department of
Planning Services may consider all such review 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.
5
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.
4.3.3 The planner shall prepare a recommendation for the applicant addressing all
aspects of the application including:
4.3.3.1 Preliminary determination as to whether the proposed minor subdivision
complies with the requtmients ofGenfertnenee-te the Weld County Zoning and
Subdivision Ordinances, for review and approval;
4.3.3.2 Comments received from referral agencies; and
4.3.3.3 Comments received from surrounding property owners and owners and
lessees of the mineral estate.
4.4 MINOR CHANGE OF ZONE ., SECOND STEP. Alt applicant shalt submit a
complete change of zone application follow€ng the procedures The second step is the change
of zone process which is found in Section 21 of the Weld County Zoning Ordinance. After a
complete application is received, the change of zone should be completed within 120 days. The
planner should be consulted for the correct application fee.
4.5 MINOR SUBDIVISION: FINAL PLAT SECOND THIRD STEP. 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:
4.5.1 A minor subdivision final plat application form provided by the planner;
4.5.2 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.
4.5.3 A description of the type of uses proposed for the subdivision;
4.5.4 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;
4.5.5 The total number of lots proposed;
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4.5.6 A description of the minor subdivision circulation system, including sidewalk width,
school bus stops and turn around areas, school bus stops turn aroun
areas road width, type and depth of road surface, curb and gutter, valley pan, or
width and depth of borrow ditches, and vehicle parking arrangement;
4.5.7 A statement describing the ownership, function, and maintenance of any school site,
open space, or park within the proposed minor subdivision;
4.5.8 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
4.5.9 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; 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.
4.5.10 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.
4.5.11 Letters from energy and utility suppliers indicating availability of services.
4.5.12 A -list- Copiesof any covenants, grants of easement, and restrictions imposed upon
any land, buildings, and structures within the proposed minor subdivision.
4.5.13 A copy of a Colorado Department of Transportation access permit, if a new road or
street within the proposed minor subdivision intersects with a State Highway.
4.5.14 If applicable, a copy of an agreement signed by the applicant and representative of
the irrigation ditch company. The agreement shall specify the treatment
maintenance of the ditch.
4.5.15 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.
4.5.16 A proposed subdivision improvements agreement executed by the applicant The
agreement on forms are provided by the planner. The agreement shall be made in
accordance with the Weld County Policy on Collateral for Improvements.
4.5.17 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.
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4.5.18 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.
4.5.19 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.
4.5.20 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.
4.5.21 Minor subdivision final plat map requirements.
4.5.21.1 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').
4.5.21.2 A photo mylar copy or diazo sensitized mylar copy of the original ink drawing, three
(3) mils or greater in thickness, may be submitted.
4.5.21.3 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.
4.5.21.4 If a minor subdivision requires more than two (2) sheets, a map showing the
relationship of the individual sheets shall be required.
4.5.21.5 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.
4.5.21.6 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."
4.5.21.7 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).
4.5.21.8 A signed copy of all Colorado Land Survey Monument Records for indicated "Aliquot
Corners" will be submitted with the final plat in oecordanee with C.R.S. 38 53 102
(2). If an "Aliquot Corner" indicated on the final plat is substantially as described in
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an existing record previously filed, and in the appropriate records of the Clerk and
Recorder, a copy of that monument record end a letter of certification stating that it
is as described thercon shall be submitted.
4.5.21.8 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.
4.5.21.9 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".
4.5.21.10 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;
4.5.21.11 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;
4.5.21.12 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;
4.5.21.13 The area of each lot shall be shown in acres;
4.5.21.14 Curved boundaries and all curves on the final plat shall include the radius of curve,
central angle, chord distance, and bearing;
4.5.21.15 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;
4.5.21.16 All streets shall be designated and identified by bearings and dimensions. All street
names shall be shown;
4.5.21.17 All easements that are not parallel to a lot line shall be designated and identified by
bearings and dimensions;
4.5.21.18 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.
4.5.21.19 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.
4.5.21.20 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.
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4.5.21.20.1 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 bid 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
State of Colorado
ss.
County of Weld
(Owner, Mortgagee, or Lienholder)
The foregoing dedication was acknowledged before me this day of 19
My commission expires
Notary Public
4.5.21.20.2 Surveying Certificate:
4.5.21.20.3
Witness my hand and Seal
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
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
4.5.22 An erosion control plan, if required as a result of a minor subdivision sketch plan
requirement.
4.5.23 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.
4.5.24 A certificate from the County Treasurer showing no delinquent taxes for the minor
subdivision final plat area.
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4.5.25 A title commitment or a title opinion covering all public dedications.
4.5.26 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.
4.6 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 ensuring all application submittal requirements are
met prior to processing the application. Once a complete application is submitted, the planner shall:
4.6.1 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;
4.6.2 Schedule a hearing before the Utilities Advisory Coordinating Committee. This
hearing shall be held prior to the Planning Commission hearing;
4.6.3 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;
4.6.4 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;
4.6.5 Prewde Post 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 shall be posted in the most prominent place on the property and pest a
second sign shall be posted at a point where a driveway (access drive) intersects
a publicly maintained road right-of-way. The sign shall be posted by the applicant,
wits The Department of Planning Services shall certify that the sign has been
posted for the ten (10) days preceding the hearing date. Each sign shall show the
following information:
4.6.5.1 The assigned application number;
4.6.5.2 The date, time, and place of the public hearing;
4.6.5.3 The phone number and location of the Department of Planning Services;
4.6.5.4 The applicant's name;
4.6.5.5 The acreage of the parcel under consideration; and
4.6.5.6 The number of lots requested.
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4.6.6 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;
4.6.7 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. 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.
4.6.8 The planner shall prepare a recommendation for the Planning Commission
addressing all aspects of the application including:
4.6.8.1 Conformance to the Weld County Zoning and Subdivision Ordinances for review and
approval;
4.6.8.2 Comments received from referral agencies; and
4.6.8.3 Comments received from surrounding property owners and owners and lessees of
the mineral estate.
4.6.9 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 4.6.9.1 through 4.6.9.15 have been or will be met. The
applicant has the burden of proof to show the standards of Sections 4.6.9.1 through
4.6.9.16 are met. The applicant shall demonstrate:
4.6.9.1 Compliance with the Weld County Comprehensive pPlan and the zone district in
which the proposed use is located within;
4.6.9.2 That the minor subdivision will be located in an Urban Growth Boundary areo;-That
definite- provisions have been made to preserve prime agricultural lands;
4.6.9.3 That definite provisions has hive 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;
4.6.9.4 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;
4.6.9.5 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;
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4.6.9.6 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;
4.6.9.7 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;
4.6.9.8 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;
4.6.9.9 That the minor subdivision is not part of or contiguous with a subdivision previously
approved by Weld County. a previously recorded subdivision or unincorporated
townsite.
4.6.9.10 That there will be no on -street parking permitted within the minor subdivision;
4.6.9.11 That no additional access to a county, state, or federal highway will be created;
4.6.9.12 That the ingress and egress to all lots within the minor subdivision will be to an
internal road circulation system;
4.6.9.13 That facilities providing drainage and stormwater management are adequate;
4.6.9.14 That each lot within the minor subdivision will be et least two and one half (2.5) acres
4.6.9.14 That the maximum number of lots within the minor subdivision will not exceed
six (6) five (5) lots; and
4.6.9.15 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.
4.6.10 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.
4.6.11 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.
4.6.12 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;
4.6.13 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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4.6.16.5 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;
4.6.16.7 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;
4.6.16.8 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;
4.6.16.9 That the minor subdivision is not part of or contiguous with a subdivision previously
approved by Weld County a previously recorded subdivision or unincorporated
townsite.
4.6.16.10 That there will be no on -street parking permitted within the minor subdivision;
4.6.16.11 That no additional access to a county, state, or federal highway will be created;
4.6.16.12 That the ingress and egress to all lots within the minor subdivision will be to an
internal road circulation system;
4.6.16.13 That facilities providing drainage and stormwater management are adequate for the
minor subdivision;
4.6.16.14 That the maximum number of lots within the minor subdivision will not exceed six (6)
five (5) lots; and
4.6.16.15 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;
4.6.17 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.
4.6.18 No minor subdivision final plat shall be considered approved and eligible for
recording until the Board has approved a subdivision improvements agreement.
SECTION 5: MAJOR SUBDIVISION: SKETCH PLAN-- FIRST STEP
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.
15
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.
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.
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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 (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.
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 ensuring 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.
5.3.1.3 MAJOR SUBDIVISION ::'CHANGE OF ZONE - STEP -WIG SECOND STEP. -The
second step is the change of zone process which is found An applicant shall
submit a complete change of zone application following the procedures in
Section 21 of the Weld County Zoning Ordinance. After a complete application
is received, the change of zone should be completed within 120 days. The
planner should be consulted for the correct application fee.
17
SECTION 6: MAJOR SUBDIVISION: PRELIMINARY PLAN-- STEP THREE
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.
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.
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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.
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.
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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 (36)
inches. The scale shall be one inch equals 600 feet, unless otherwise approved by
the planner. A workmanlike execution of the vicinity map shall be made in every
Jeletailr 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 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 predomnant ground slopes are level. Elevations shall be
based on National Geodetic Survey Sea Level data; and
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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.
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 ensuring 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 Post 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 shall be posted in the most prominent place on the property and pest a
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second sign shall be posted at a point where a driveway (access drive) intersects
a publicly maintained road right-of-way. The sign shall be posted by the applieant,
whe The Department of Planning Services 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.
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 or if the parcel under consideration for the preliminary plan falls
within an urban growth boundary as defined by an adopted *0 '000044 In an
approved;: intergovernmental agreement(s) or ;
6.3.1.7.2 Weld County Environmental Protection Services;
6.3.1.7.3 Weld County Engineering Public Works 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;
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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.
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 Weld County Zoning and Subdivision Ordinances 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 6.3.1.9.12 are met. The applicant
shall demonstrate:
6.3.1.9.1 That the proposed subdivision is located within an Urban Growth Boundary
area as defined -by and adopted to elf approved an adopted intergovernmental
agreement(s), or as defined in the Weld County Comprehensive Plan;
6.3.1.9.2 Compliance with the Weld County Comprehensive Plan and the zone district in
which the proposed subdivision is located;
6.3.1.9.3 Comments received from referral agencies, have been addressed, if applicable.
6.3.1.9.4 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;
6.3.1.9.5 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;
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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').
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".
28
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;
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.
29
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
subdiviskrn 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 .
State of Colorado
) s.s.
County of Weld
(Owner, Mortgagee, or Lienholder)
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:
7.2.10
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
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
ATTEST:
Weld County Clerk to the Board
By: Dated:
Deputy Clerk to the Board
30
Chairperson
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.
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) forty titre (45) 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;
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7.3.1.3 Previde Post 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 shall be posted in the most prominent place on the property and pest a second
sign shall be posted 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 The
Department of Planning Services 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 applicants name;
7.3.1.3.5 The acreage of the parcel under consideration; and
7.3.1.3.6 The type of request.
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 That the proposed subdivision is located within an Urban Growth Boundary area
as defined and adopted in an approved by an adopted intergovernmental
agreement(s), or as defined in the Weld County Comprehensive Plan.
7.3.2.2 Compliance with the Weld County Comprehensive Plan and the zone district in
which the proposed subdivision is located within;
7.3.2.3 Comments received from referral agencies, have been addressed, if applicable;
7.3.2.4 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;
7.3.2.5 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;
7.3.2.6 That streets within the subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the proposed subdivision
32
7.3.2.7 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 proposed subdivision in accordance with the requirements set
forth in Section 10 of the Ordinance.
7.3.2.8 That facilities providing drainage and stormwater management are adequate;
7.3.2.9 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;
7.3.2.10 The subdivision will not cause air pollution violations based on Colorado Department
of Health standards;
7.3.2.11 The subdivision conforms to the subdivision design standards of Section 10; and
7.3.2.12 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.
7.3.3.1 The applicant has the burden of proof to show that the standards of Section 7.3.3.1.1
through 7.3.3.1.12 are met. The applicant shall demonstrate:
7.3.3.1.1 That the proposed subdivision is located within an Urban Growth Boundary area
as defined and adapted in an approved by an adopted intergovernmental
agreement(s), or as defined in the Weld County Comprehensive Plan;
7.3.3.1.2 Compliance with the Weld County Comprehensive Plan and the zone district in
which the proposed subdivision is located within;
7.3.3.1.3 That comments received from referral agencies have been addressed, if applicable;
7.3.3.1.4 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;
7.3.3.1.5 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;
7.3.3.1.6 That streets within the subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the proposed subdivision;
7.3.3.1.7 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;
7.3.3.1.8 That facilities providing drainage and stormwater management are adequate;
33
7.3.3.1.9 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;
7.3.3.1.10 The subdivision will not cause air pollution violations based on Colorado Department
of Health standards;
7.3.3.1.11 The proposed subdivision conforms to the subdivision design standards of Section 10;
and
7.3.3.1.12 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.
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 7 shall be followed when proposing other changes to a recorded final
plat.
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.
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10.3 Streets
10.3.1 Stree� ente All streets within -the major subdivisions and planned unit
developments will be paved in accordance with the following standards, with -the
exception of minor subdivision streets.
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.
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 6 feet
10.3.1.8.4 Arterial 12 feet .4- 8 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.
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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.
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.
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10.3.4 Road 6ensiruetien Structure Road construction Structural Capacity 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 Trio Generation Manual
published by the Institute of Transportation Engineers.
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 Riaht-of-Wav 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.
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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.
10.4.6 Each lot shall be provided with an adequate access to an existing public street.
10.4.7 Comer 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.
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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 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:
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;
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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.
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.
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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.
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:
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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.
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.
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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.
10.13.4.1
Design Storm Frequencies
Land use
Residential
Open Space
Commercial
Public Buildings
Industrial
Road Crossings Conductino Drainage
Local Road
Collector Road
Arterial Road
Natural Drainage
Design Storm Period
5 years
5 years
10 years
10 years
10 years
10 years
25 years
50 years
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.
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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 Reauirements. 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.
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.
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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.
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.
SECTION 11: RULES AND REGULATIONS FOR EXEMPTIONS
11.1 Exemption from Definition of Subdivision or Subdivided Land
The Board hereby determines that land divisions which meet the requirements for
exemption in this Section 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".
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11.1.2 Only owners of land are eligible to apply for an exemption for those divisions of
land which create parcels each of which comprise thirty five (36) or more acres
of land and none of which is intended for use by multiple owners. (One lot in
each proposed recorded exemption application must be less than thirty five (35)
acres). Owners at land are only eligible to appiyr for as exemption when at least
one of the result€ng parcels would be less than thbtydive (35) acres in size
11.1.3 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 11.4.2.1
through 11.4.2.6. If the planner determines that the applicant has not met the
Standards of Section 11.4.2.1 through 11.4.2.6, 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 application may be submitted 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;
11.3.4 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 for domestic use. The water supply statement should also
contain the type and quantity of irrigation water available to the site, if
applicable.
11.3.5 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;
11.3.6 A description of how the property is being used. If applicable ,When the parcel(s) is
located in the agricultural zone district +f , the description shall include
approximate acreage of prime and nonprime farmland as defined in the Weld
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County Comprehensive Plan, irrigated and dryland crops, number and types of
livestock and any existing improvements such as the principal residence, labor home,
mobile home, manufactured homes, barn, outbuildings, irrigation ditches, and oil
well production facilities on the property;
11.3.7 The reason for the proposed recorded exemption with an explanation how each lot
would will be used;
11.3.8 A description of the location, size, and present use of the area where the proposed
new lot will be created;
11.3.9 A statement explaining the proposal is consistent with the Weld County
Comprehensive Plan and any adopted municipal plan, and an adopted approved
intergovernmental agreement(s), if applicable;
11.3.10 A statement explaining —the how uaca permitted the proposed uses will be
compatible with existing trees surrounding land uses. the proposed recorded
exemption;
11.3.11 A statement explaining how the proposal is consistent with the intent of the district it
is located within as expressed in the Weld County Zoning Ordinance;
11.3.12 A statement explaining how the proposal is consistent with efficient and orderly
development as expressed vdth the putpose Of in Section 1.3 of this Ordinance;
and
11.3.13 A recorded exemption sketch map drawn at a suitable scale on a sheet of paper 8%
by 11 inches. The sketch map shall be legible and include the following information:
11.3.13.1 The boundary of the proposed recorded exemption property;
11.3.13.2 The boundaries of the two lots created by the proposed recorded exemption;
11.3.13.3 A north arrow;
11.3.13.4 All existing and proposed driveways and access associated with either lot;
11.3.13.5 The name of any existing roads or highways abutting the proposed recorded
exemption property;
11.3.13.6 All existing structures on the proposed recorded exemption property. This includes
principal and labor homes, mobile homes, manufactured homes, outbuildings, pens,
irrigation ditches, and oil well production facilities; end
11.3.13.7 All easements or rights -of -way located on the proposed recorded exemption property;
and
11.3.13.8 All unique physical characteristics Westa
exemption property.
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on the proposed recorded
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) twenty-one (21) days after the application is mailed.
The failure of any agency to respond within fourteen (14) twenty-one (21) 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, of if the proposed recorded exemption is within an urban growth
boundary as deseribed by and an adopted defined and adopted in approved
intergovernmental agreement(s);
11.4.1.2 Weld County Environmental Protection Services;
11.4.1.3 Weld County Engineering Department Public Works 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
11.4.1.7 Any other agency or individual whose review is considered necessary to evaluate the
recorded exemption application.
11.4.2 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 11.4.2.1 through 11.4.2.6 The application shall demonstrate:
11.4.2.1 Conformance with the Weld County Comprehensive Plan Urban Growth Boundary
Policies and Goals and an adopted approved intergovernmental agreement(s)
end any adopted municipal plan when the recorded exemption application is located
within a specified intergovernmental boundary area(s);
agreement three (3) mile radius of a municipality;
11.4.2.2 Compatibility with existing surrounding land uses;
11.4.2.3 Consistency with the intent of the zone district the recorded exemption is located
within as expressed in the Weld County Zoning Ordinance;
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11.4.2.4 Consistency with efficient and orderly development with the purpose of as
expressed in Section of 1.3 of this Ordinance;
11.4.2.5 Compliance with the recorded exemption standards set forth in Section 11.8 of this
Ordinance;
11.4.2.6 Adequate provision for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County and;.
11.4.3 The approval by the Department of Planning Services staff may be conditioned
or restricted to carry out the intent of Section 1.3 of this Ordinance including,
but not limited to, designation of building envelopes, creation of conservation
easements or other legal mechanisms to encourage agricultural uses of the
parcels and to maintain irrigation water for the parcels, and the utilization of
existing housing stock. Conditions of approval shall be met prior to recording
the plat and restrictions may be enforced by means of notes on the plat.
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
11.4.2.1 through 11.4.2.6. 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 Urban Growth Boundary
Policies and Goals and an adopted intergovernmental agreement(s) end any
adopted municipal plan when the recorded exemption application is located within
a specified Intergovernmental boundary area(s); or in absence of this agreement
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 as
expressed in the Weld County Zoning Ordinance;
11.5.4 Consistency with efficient and orderly development thh purpose of es set forth in
Section 1.3 of this Ordinance;
11.5.5 Compliance with the recorded exemption standards set forth in Section 11.8 of this
Ordinance; and
11.5.6 Adequate provision for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
11.5.7 The approval by the Department of Planning Services staff Board of County
Commissioners may be conditioned or restricted to carry out the intent of
Section 1.3 of this Ordinance including, but ere not limited to, designation of
building envelopes, creation of conservation easements or other legal
mechanisms to encourage agricultural uses of the parcels and to maintain
irrigation water for the parcels, and the utilization of existing housing stock.
Conditions of approval shall be met prior to recording the plat and restrictions
may be enforced by means of notes on the plat.
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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 of this Ordinance.
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 sizes is allowed. The mixing of
sheet sizes is prohibited. 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 of this Ordinance;
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
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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;
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;
A signed copy of all Colorado Lend 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 no described in en 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 Reoord shall be submitted;
11.7.11 The plat shall bear the following certifications:
11.7.11.1 Property owners certificate example.
I (VVe), 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 (VYe) understand this property is located in the frill 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
11.7.11.2 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 #
11.7.11.3 Board of County Commissioners 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 fling.
Chairperson of the Board of County Commissioners
Attest:
Weld County Clerk to the Board By Dated
Deputy Clerk to the Board
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11.7.11.4 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 Wing.
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
11.7.11.5 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 all of
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;
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;
All accesses shall be in accordance with Section 3 of the Weld
County Public Works Policies, Ordinance 180, as amended
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, and an adopted intergovernmental agreement(s), 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 (160 acres), a
portion of the lot equal to the minimum lot size (80 acres) may be used in the
recorded exemption application.
11.8.8 The proposed recorded exemption is not part of an approved recorded exemption
within the last fivc (5) ten (10) years.
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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 of this Ordinance, shall be processed as a new recorded exemption, if eligible.
subchange
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