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ORDINANCE NO. 173-C
IN THE MATTER OF AMENDMENTS TO ORDINANCE NO. 173, WELD COUNTY SUBDIVISION
ORDINANCE, REVISING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,
STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has the power and authority, under the
Weld County Home Rule Charter and State statute, including Article 28 of Title 30 CRS, to adopt
subdivision regulations for the unincorporated areas of the County of Weld, State of Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously
adopted Ordinance No. 173, Weld County Subdivision Ordinance, establishing a comprehensive
revision of the subdivision regulations for unincorporated areas of the County of Weld, and has
adopted amendments in Ordinance No. 173-A and Ordinance No. 173-B, and
WHEREAS, said Ordinance No. 173 is in need of revision and clarification with regard to
procedures terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 173, as
amended, are repealed and re-enacted, with amendments, and the various sections are revised to
read as follows:
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1.3 Statement of Purpose: The purpose of this Ordinance is to achieve orderly and efficient
development by:
1.3.1 Assisting orderly and integrated development;
1.3.2 Promoting the health, safety, and general welfare of the residents of the County;
1.3.3 Ensuring conformance of land subdivision plans with the public improvement plans
of the County and its various municipalities;
1.3.4 Ensuring coordination with public municipal improvement plans and programs;
1.3.5 Encouraging well -planned subdivisions by establishing adequate standards for
design and improvement;
1.3.6 Improving land survey monuments and records by establishing standards for
surveys and plats;
1.3.7 Safeguarding the interests of the public, the homeowner, and the subdivider;
1.3.8 Securing equitable handling of all subdivision plans by providing uniform
procedures and standards;
1.3.9 Preventing loss and injury from fire in wooded terrain;
1.3.10 Preserving agricultural land and promoting its most productive agrarian use;
1.3.11 Ensuring irrigation water currently associated with a farm or rural unit of land will
be retained for agricultural uses;
1.3.12 Preserving natural vegetation and cover and promoting the natural beauty of the
County;
1.3.13 Preventing and controlling erosion, sedimentation, and other pollution of surface
and subsurface water;
1.3.14 Preventing flood damage to persons and properties and minimizing expenditures
for flood relief and flood control projects;
1.3.15 Restricting or regulating 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 Preventing loss and injury from land slides, mud flows, and other geologic hazards;
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1.3.17 Providing adequate space for future development of schools and parks to serve the
population;
1.3.18 Ensuring 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 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 The major subdivision process is comprised of a four -step review and approval process. The
first step is the sketch plan submittal process. Copies of the sketch plan 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 intergovernmental agreement. 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 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 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 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
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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 final plat submittal process. 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.
Minor Subdivision Process
3.5 The minor subdivision is subject to a 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.
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.
SECTION 4: MINOR SUBDIVISIONS
Minor Subdivisions
4.1 The minor subdivision procedure is a process for development and review of subdivisions
proposing a maximum of five (5) lots. The minor subdivision process utilizes the minor
subdivision sketch plan application process and the minor subdivision final plat 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.
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4.1.2 The minor subdivision process shall not be used to circumvent this Subdivision
Ordinance by using more than one minor subdivision to avoid following the major
subdivision requirements. An application for a minor subdivision will be presumed
to circumvent this ordinance when the result of approval would be to create more
than 5 (five) minor subdivision lots on parcels under common ownership within a
1,320' (1/4 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.
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
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include a soils and geological investigation report identifying the suitability of the
area for the proposed subdivision. The report shall be prepared by a professional
engineer or geologist. A copy of the report will be reviewed by the Department of
Natural Resources, Colorado Geological Survey. The Colorado Geological Survey
charges a separate review fee. This review fee must be paid upon submittal of a
minor subdivision application.
4.2.10 A statement indicating if a potential radiation hazard exists in the area of the
proposed minor subdivision.
4.2.11 A Minor Subdivision Sketch Plan vicinity map shall be drawn at a scale of one -inch
equals six hundred feet (1" = 600'), unless otherwise approved by the planner,
composed of one or more sheets with an outer dimension of twenty-four by thirty-
six inches (24" x 36") showing the following items:
4.2.11.1 The location of the proposed minor subdivision and its property
boundaries.
4.2.11.2 The existing street and highway systems within five hundred (500)
feet of the boundaries of the proposed minor subdivision.
4.2.11.3 All unimproved or proposed public rights -of -way within five hundred
(500) feet of the boundaries of the proposed minor subdivision.
4.2.11.4 All public sewer, water, and storm drainage systems within five
hundred (500) feet of the proposed minor subdivision.
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 information.
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.
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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.
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 Refer the application to appropriate 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.
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 Prepare a recommendation for the applicant addressing all aspects of the
application including:
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4.3.3.1 Preliminary determination as to whether the proposed minor
subdivision complies with the requirements of the Weld County
Zoning and Subdivision Ordinances for review and approval.
4.3.3.2 Comments received from referral agencies.
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. An applicant shall submit a complete
change of zone application following the procedures 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 -- 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.
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
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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.
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,
tut 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 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 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 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.
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4.5.16 A proposed subdivision improvements agreement executed by the applicant on
forms 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.
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
Weld County Clerk and Recorder's Office and the 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 millimeters 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.
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4.5.21.3 The minor subdivision final plat submitted shall -contain the original
signatures and seals of all parties required. Ifa_photo mylar copy or
diazo sensitized mylar copy is submitted, the original signatures and
seals must be contained thereon.
43.21.4 If a minor subdivision requires more than two (2) sheets, a map
showing the relationship of the individual sheets shall beTequired.
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 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."
43/1.10 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
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and lengths are the same as both end lot lines. All dimensions iof
irregularlyshaped lots shall be indicated. All lot lines intersectinga
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..t.21.14 Curved boundariesand all curves on the final platshall 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 identifiedby 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 toa lot line shall be designated
and identified by bearings and dimensions.
4.5.21.1-8 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 eitheras lots, easements, rights -of -way, private street,
or public area.
4.5.21.20 The following certificates and seals shall be placed -0n the minor
subdivision final plat. Provision shall be made for all seals to be
placed approximately two (2) inches from the minor subdivision -final
plat border.
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 Iaidiut,Tlatted, andsubdivided the same into lots, as shown on this plat,
under the name and style of . and do hereby dedicate to the public, school
district, ownersand future owners of this minor subdivision all ways,ipublic rights -of -way,
easements, parks and open space, and other public rights -of -way and easements for
purposes shown hereon.
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Executed this 'lay of -AU., 19
State -of Colorado )
)3s.
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
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 acceptanc-e 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., 1-9
Chairman, Board of County Commissioners
ATTEST:
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Weld Countytlerk to the Board
By: Dated:
Deputy -Clerk to the Board
4.5.22 An erosion controLplan, 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 CountyTreasurer showing no delinquent taxes for the minor
subdivision final plat -area.
4.5.25 A title commitment or a title pinion 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 processingallminor 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:
4.6.1 T-heiplanner shall 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.
46.2 The planner shall -schedule a hearing before the Utilities Advisory Coordinating
Committee. This hearingshall be held prior -to the Planning Commission hearing.
4.6.3 The planner shall 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 The planner shall 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, rot less than ten
(10) daysbefore the scheduled public hearing.
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4.6.5 The planner shall post a sign on the property under consideration fora minor
subdivision final plat. The sign shall be posted adjacent to and visible from a
publicly maintained road right-of-way. In the event theproperty under consideration
is not adjacent to a publicly maintained road right-of-way one sign shall be posted
in the most prominent place on the property and a second sign shall be posted
where a driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services shall certify that the sign has been posted
for the ten (10) days preceding the hearing date. Each sign shall show the
following information.
47.5.1 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 acreageof the parcel under consideration.
4.-6.5.6 The number of lots requested.
4.76.6 The planner shall arrange for legal notice of the Planning Commission hearing
published in the newspaper designatedby the Board for publication of notices. The
date of publication shall be at least ten (10) days prior to the hearing.
4:6.7 The planner shallRefer the application to referral agencies, when applicable, for
review and comment. The agencies shall respond within twenty-ne (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.
4.8.8 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.
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4.6.8.2 Comments received from referral agencies.
476.8.3 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 applic-ant shall demonstrate:
4.6.9.1 Compliance with the Weld County -Comprehensive -Plan and the zone
district in which the proposed use is located;
4.6.9.2 That provisions have been made to preserve prime agricultural land;
4:6.9.3 That -provisions 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, ifa public sewage disposal system isproposed, 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;
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;
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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
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
bs to an internal road circulation system;
4.6.9.13 That facilities providing drainage and stormwater management are
adequate;
4.6.9.14 That the maximum number of lots within the minor subdivision will not
exceed 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.
4.610 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) xdays after receipt of the Planning Commission
recommendation -has been submitted to the Clerk to the Board.
4.66.12 The Clerk to the Board shall give notice of the application fora 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, rot 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
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under consideration. The notification shall be mailed, first class, not less than ten
(10) days before the scheduled public hearing.
4.614 The planner shall post -a sign 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, -one sign shallte posted
in the most prominent place on the property and a second sign shall be posted
wherea_driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services shall certify that the sign has been posted
for the ten (1D) 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.
4.8.14.3 The phone number and location of the Department of Planning
Services.
4.6.14.4 Theapplicant's name.
4.6.14:5 The acreage of theparcel under -consideration.
-4.6.14.B 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
publicationshall be at least ten (10) days prior to the hearing.
4.6.16 The Boardshall holda 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 Dr will be met.
The applicant has the burden of proof to show that the standards -0f Sections
4.6.16.1 through 4:6.16.15are 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 provisions have been made to preserve prime agricultural
lands;
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4.6.16:3 That provisions have been made fora 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
areproposed,-evidence that such -systems will comply with state and
local laws and regulations which are in effect at the time of
submission -of the minorsubdivision;
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 theseareas are -compatible with such conditions;
4.6.16.6 That streets within the -minor subdivision areadequate 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) inchesof gravel base;
-4.6.16.7 That off -site street or highway facilities providing access to the
proposed-minorsubdivision are adequate in functional classification,
width, and structural capacity to meet the trafficTequirements 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 thesole responsibility of the landowners within the
minor subdivision;
4.6.16.9 That the minor subdivision is not part of or oontjguous with a
previously recorded subdivision or unincorporated townsite.
4.6.16.10 That there will be no on -street parking permitted within the minor
subdivision;
4.6.1611 That no additional access to county, state, orfederal 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 icirculation -system;
4.6.16.13 That facilities providing drainage and stormwater management are
adequate for the minorsubdivision;
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4.6.1614 That the maximum number of lots within the minor subdivision will not
exceed five (5) lots; and
4.6.16.13 That the minor subdivision will -not cause an unreasonable burden on
the abilityof local governments _or districts to provide fire and police
protection or other services;
4.6.17 The J3oard'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 recordanapproved minor subdivision
final plat and the Board's resolution with the County Clerk and
Recorder.
4.618 No minor subdivision final plat shall be considered approved and
eligible for recording until the Board has approved a subdivision
improvements -agreement.
SECTION 3: MAJOR SUBDIVISION SKETCH PLAN--fIRSTESTEP
5.1 An applicant shall submit a completesketch plan application with the required number of
application copies and_processing fee to the planner. The required number of application
copies shall be determined by the planner.
5.2 The following completed information and maps are -required.
5.2.1 A sketch plan application form.
3.2.2 A copy of a deed or legal instrument identifying the applicants interest in the
property underconsideration. Ifeneuthorized agentsigns the application for the
fee owner(s), a power of attorney to the agent from the property owner(s) shallbe
provided.
5.2.3 A description of the type of uses proposed for thesubdivision.
5.2.4 A -description of the typeof water system proposed for the subdivision.
5.23 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 widthand type of surface of all streets end sidewalks proposed
within thesubdivision. Street design requirements are referenced in Section 10 of
the Weld CountySubdivision Ordinance.
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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 preparedly a professional engineer
or geologist. A copy of the report will be reviewed by the Department of Natural
Resources, Colorado Geological Survey. The Colorado Geologic -al Survey charges
a separate review fee which must be -paid upon submittal of a minor subdivision
application.
5.2.10 Astatement indicating the existence of a potential radiation hazard in the area of
the proposed subdivision.
5.2.11 A sketch plan vicinity map shall be-drawnetascale of one -inch equals six hundred
feet (1" = 600'), unless otherwise approved by theplanner, composed of one or
more sheets with an outerdimension 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.
3.2.11.4 All public sewer, water, and storm drainage -systems within five
hundred (500) feet of the proposedsubdivision.
5.2.11.5 Title, scale, north arrow, and date.
5.2.12 Asketch plan-mapshall be drawn at a scaleof-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. Ttie sketch plan map shall
include the following information.
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52.12.1 Title, scale, north arrow, name of the subdivision, township, range,
section, _quarter section, block and lot numbers.
52.12.2 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.
5.2124 Soil types by boundary, accompanied by a description of the soil type
as prepared by the -Soil Conservation Service.
5.2..125 Floodplain and geologic hazard -areas, existing structures, utility lines,
ditches, streams, lakes, drainage ways, vegetative cover, oil and as
production facilities, and any other structure or feature located within
the proposed subdivision.
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 andreviewprocedure.
5.3.1 The planner shall be responsible forprocessing 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 theapplicant 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 --Second Step. An applicant shall
submit -a complete 'change bf zone -application following the
procedures in Section 21 -0f the Weld County Zoning Ordinance.
Afters'complete application is received, the _change of zone process
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should be completed within 120 days. The planner should be
consulted for the correct application fee.
SECTION -6: MAJOR SUBDIVISION PRELIMINARYRLAN -- STEP THREE
6.1 An applicant shall submit -a complete preliminary -plan application with the required number
_ofapplication copies and application fee to the planner. The required numberofapplication
copies shall be -determined by the planner.
6.2 The following information -shall be submitted as part of the preliminary plan application.
5.2.1 A preliminary plan application form provided by theplanner.
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, oragreements, notparty 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
forthe preliminary planarea.
6.2.3 On a separate sheet(s) of typingpaper, attached to the preliminary plan application
form, the following information is required.
6.-23.1 A description of the types 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 numberof lots proposed.
6.2.3.4 A description33f 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
anysidewalks, bikepaths, or trails.
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6.2.3.5 A statement describing the ownership, function, and maintenance of
any school:ite, open space, or park within the proposed subdivision.
6.2.3.6 A description of the proposed water system accompanied by an
estimate elf the total gallons of water per day required for domestic
use and -emergency fire -protection.
6.-237 A water supply -resource report. The report will -contain written
evidence that -adequate water service in terms of quality, quantityand
dependability isavailable for the type of subdivision proposed. Such
evidence may include, tut shall not to limited to the following:
Evidence of ownership or use of existing and proposed water rights;
historic use and estimated yield -of claimed water rights; amenability
of existing rights to a change in use; evidence that public or private
water supply is available. The amount of water available for _use
within the subdivision and the -feasibility of extending services shall be
identified and evidence concerning potability of the water supply for
the proposed subdivision.
6.2.3.-8 A 'description of the proposed sewer system. The descriptionshall
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 tote 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 estimatesshall include, but not be limited to the following:
6.2:3.9.1 Streets and related facilities.
6.23.9.2 Water distributionsystems.
6.2..3.9.3 Storm drainagefacilities.
6.2...3.9A Sewage collection systems.
6.2.319.5 Other utilities and infrastructure -as -may -be required.
6.2.3.10 A listnf all -municipal or quasi -municipal entities,public_utilities, and
water service providers located within -five hundred (500) feet of the
proposedsubdivision.
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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,onstable soils, and any other characteristics noted. Aropy of the
report will be reviewed by the Department of Natural Resources, Colorado
Geological Survey. The Colorado eological Survey chargesa separate review
fee which must be paid upon submittal of the preliminaryQlan application.
B.2.5 A list of any covenants, grants of easement, -and restrictions imposed upon any
land, buildings, andstructures within the proposed subdivision.
6.2.6 Acertified 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 ofsuch 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 end 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 thearea of the propertyor
on the tax records of the County.
62.8 Preliminary plan vicinity map requirements.
6.2.8.1 The dimensions of the vicinity mapshall 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 poorly drawn or
illegible map issufficient cause -for its rejection.
6.2.8.2 The following information shall be shown on the vicinity map.
8.2.8.2.1 The perimeteroutline of theproposed subdivision. The
location of all existing and proposed accesses to the
proposed subdivision.
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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.
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.
63.9.1 Thedimensions of theplat map -shall be drawn ona sheet twenty-four
(24) inches by thirty-six (36) inches. The preliminary plan shall tie
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
submittedat an appropriate scale. If multiple sheets are used,a key
showing the relationship of the individual -sheets shall -e required. A
poorly drawn or illegible map issufficient cause for its rejection.
6.2.9.2 The following information shall be shown on thepreliminary 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 squarefeet, if less than one
acre. If lots are greater than one acre, the area shallbe
shown in acres.
6.2.92.3 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 beshown in a dashed -line.
6.2.9.23 Contours at ten (10) foot intervals forpredominant ground
slopes within the proposed subdivision between level and
five percent (5%)igrade. 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
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based on National Geodetic Survey Sea Level data.
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 Thename 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:
6.2.9.2.7.2.1 Service is available.
6.2.9.2.7.2.2 Service is available, subject to thefollowingspecific
conditions.
6.2.9.2.7.2.3 Service is not available for the subdivision.
6.2.10 A drainage report shall be prepared in compliance with the requirements of
Sections 10.12and 10.13 -of the Weld County Subdivision Ordinance.
6.3 Preliminary plan processing and review procedure.
6.3.1 The plannershall 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:
6.31.1 The planner shallschedule a Planning Commission hearing date not
more than sixty (60) _days after the complete application has been
submitted.
6.3.1.2 The planner shall -schedule a hearing before the Utilities Advisory
Coordinating Committee. This hearing will be held prior to the
Planning Commission hearing.
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6.3.1.3 The planner shall give notice _of the application fora 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 The plannershall give notice of theapplication-for a preliminary plan
and the Planning Commission public hearing _date to thuse 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 thescheduled
public hearing.
6.3.1.5 The planner shall post -a sign 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 Tight -of -way one sign shall be posted in the most
prominentplace on the property and _second sign shall be posted
wherea driveway (access drive) intersects publicly maintained road
right-of-way. The Department -of Planning -Services shall certify that
thesign has been posted for the ten (1D) days preceding the hearing
date. Each sign shall show the following information.
6.3.1.5.1 Tile 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 Theapplic-ants name.
6.3.1.5.5 The acreage of the parcel under consideration.
6.3.13D The type -of request.
6.3.1.6 the planner shall arrange for legal notice -of the Planning Commission
hearing to be published in the newspaper designated by the Board for
publication of notices. Thetdate of publication -shall be at least ten
(10) days -prior to the hearing.
6.3.1.7 The planner shall Tefer the application to referral agencies, when
applicable, for review and comment. The agencies shall respond
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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 fora 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 undertonsideration for
the preliminary plan falls within an urban growth boundary
as -defined and adopted in any approved
intergovernmental agreement(s).
6.3.1.7.2 Weld County Environmental -Protection Services.
6.3.1.7.3 Weld County 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 StateDivision of Wildlife.
6.3.1.7.9 Colorado StateEngineer, 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.
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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.
63.1.7.16 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 forreviewand approval.
6.3.1.-8.2 Comments received from referral agencies.
6.3.13.3 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 3.3.1.9.1 through 6.3.1.9.12 are met. The
applicant shall demonstr-ate the following:
6.3.1.9.1 That the proposed subdivision is located within an Urban
Growth Boundary area as defined and adopted in any
approved 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 is
located.
6.2.1.9.3 Comments received from referral agencies have teen
addressed, if applicable.
6.31.9.4 That definite{xovision has been made fora water supply
that is sufficient in terms of quantity, dependability and
quality to provide waterfor the subdivision, including fire
protection.
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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 ars proposed, evidence that
such systems will comply with state and local laws and
regulations which -are in effect at the time of submission
of the subdivision.
6.3.1.9.6 That streets within the subdivision are adequate in
functional classification, width, and structural capacity to
meet the traffic needs of the subdivision in accordance
with the requirements set forth in Section 10 of this
Ordinance.
6.3.1.97 -That-0ff-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.
6.3.1.9.12 Thesubdivision will not have an undue adverseeffect 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:
6.33.1 Seta 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.
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6.3.3.2 Arrange for legal notice of the hearing to beTublished 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 -fora preliminaryplan and the public
hearing -date to those -persons listed in the-applicationas owners of
property located within five -hundred (500) feet of the parcel _under
consideration. The notification shall be mailed first class rot less
than ten (1D) days before the scheduled public hearing.
6.3.3.4 Give notice of the application fors preliminary plan and the public
hearing date to those persons listed in the application asowners and
lessees of the mineral estate on or _under the parcel under
consideration. The notification shall #be mailed first -class not less
than ten (1D) daysibefore the scheduled public hearing.
6.3.4 The Board shall hold a public hearing to consider the application and take final
action thereon. In makings -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. Theapplicant has theturdenof proof to show
that the standards of -6.3.3.5.1 through 6.3.3.5.Y2are met. The applicant shall
demonstrate the following:
6.3.4.1 That the proposed subdivision is located within an Urban Growth
Boundary area as defined and adopted in -any approved
intergovernmental agreement(s), or -as defined in the Weld County
Comprehensive Plan.
6.3.4.2 Compliance with the Weld County Comprehensive Plan and the zone
district in which the proposed subdivision is located.
6.3.4:3 That comments Teceived from Teferral agencies have been
addressed, ifapplicable.
6.3.4.4 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.
6.3.4.5 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 thatsuchsystems 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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6.3.4.6 That streets within the subdivision are -adequate in functional
classification, width, and structural capacity to meet the traffic
requirements needs of the subdivision in accordance with the
requirements set forth in Section 10 of the Ordinance.
6.3.4.7 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.
6.3.4.8 That facilities providing drainage and stormwater management are
adequate.
6.3.4.9 The subdivision will notoause an unreasonable burden on the ability
of local-govemments or districts to provide fire and police protection,
hospital, solid waste disposal, and other services.
6.3.4.10 The subdivision will not cause air pollution violations based on
Colorado Department of Health standards.
6.3.4.11 The subdivision conforms to the subdivision design standards of
Section 10.
6.3.4.12 The subdivision will not have an undue adverse effect on wildlife -and
its habitat, thepreservationof agricultural land, and historical sites.
6.3.4.13 The Board of County Commissioners' final decision will be by
resolution. A record of suchactionand a copy of the resolution will
be kept in the files of the Clerk to the Board.
SECTION 7: MAJOR SUBDIVISION FINAL -PLAT -- FOURTH STEP
7.1 An -applicant shall submit a complete final plat application with the required number of
applicationoopiesand 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 acc-eptedafter expiration of the one (1) year period unlessan 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
processedasa newpreliminary plan application.
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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 informationshall 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 ora 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 -he 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 theapplication 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 usesproposed 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
addressedtr resolved.
7.2.3.3 The total number of lots proposed.
7.2.3.4 A description of the subdivisioncirculation 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 willte 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
publicpurposes, a letter of intent from the appropriate public agency
stating it will accept the lands to be dedicated.
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7.2.3.8 A description of the proposed water system accompanied by an
estimate of the total gallons per day required to serve the subdivision.
7.2.3.9 A water supply resource report. The report will contain written
evidence that a water supply of sufficient quality, quantity, and
dependability will be available to serve the proposed subdivision.
Such evidence may include, but shall not be limited to the following:
evidence of ownership or use of existing water rights; historic use -and
estimated yield of claimed water rights; amenability of existing rights
to a change in use; evidence that a public or private water supply is
available. The amount of water available for use within the
subdivision, feasibility of extending services, and evidence
conceming potability of the water supply for the proposed subdivision
shall be identified.
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 otheragency.
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 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.
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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.
7.23.19 If applicable, an off -site road improvements agreement executed by
the applicant. The -agreement -shall be in accordance with
Section 13.2 of this Ordinance.
7.2.3.20 A drainage report shall be prepared in compliance with the
requirements of Section 10.12 and 10.13 of this Ordinance.
7.2.4 A certified list of the names, addresses, and the corresponding parcel identification
numbers assigned by the Weld County Assessor to the owners -of property of the
surface -estate within five -hundred (500) feet of the property subject to the
application. The source of such list shall be from the records of the Weld County
Assessor, or an ownership update from a title abstract company or attorney derived
from such records or from the records of the Weld County -Clerk and Recorder. If
the list was assembled from the records of the Weld County Assessor, the
applicant shall certify that such list was assembled within thirty (30) days of the
application submission date.
7.2.5 A certified list of the names and addresses of mineral owners and lessees of
mineral owners having an interest in the subject property. The list shall reflect the
names of mineral -owners and lessees as they appear on the plats of record in the
County Clerk and Recorder's Office and their 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 millimeters 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 beat a scale
of one (1) inch equals one -hundred (100) feet (1" = 100').
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7.2.6.2 A photo mylar copy or diazo sensitized mylar copy of the original ink
drawing, three (3) 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
PolicyStatements."
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 slate of certification as
prescribed in the "Bylaws And Rules of Procedure of The State
Board of Registration for Professional Engineers And Professional
Land Surveyors".
7.2.7 The final plat map shall include the following information.
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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
linesshall be indicated outside the boundary line, not inside, with the
lot dimensions. When the plat is bounded by an irregular shore line
ora 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.
7.27.7 All streets, walkways, and alleys shall -be designated and identified by
bearings and dimensions. All street names shall be shown.
7.27.8 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 to designed to meet Weld
County Subdivision Ordinance requirements.
7.2.7.10 A utility service statement block -shall appear -n the final plat map.
The block shall identify each utility company, special district, or
municipality intended to provide service to theiproposed subdivision.
The block shall include:
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7.2.7.10.1 The name of each utilityservice company.
7.2.7.10.2 A datedsignature and statement from the representative
of the utility company indicating one of the following:
7.2.7.10.2.1 Service is available.
7.2.7.10.22 Service is available, subject to the following specific
conditions.
7.2.7.10.2.3 Service is not -available for the proposed subdivision.
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, orpublicarea.
7.2.7.12 If a final plat is Tevised, -a copy of the _original final plat shall be
provided for comparison purposes.
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
plac-ed approximately 2 inches from the final platborder.
7.2.7.13.1 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 and blocks, asshown
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, publicTights-of-way, easements, parks and open space, and other
public rights -of -way and easements foripurposes shown hereon.
Executed this day of
State of Colorado )
) s.s.
County of Weld
A.D. 19
(Owner, Mortgagee, or Lienholder)
The foregoing dedication was acknowledged before me this day of
19 .
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My commission expires
Notary Public Witness my hand and Seal
7.2.7.13.2 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
7.2.7.13.3 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 any dedication.
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
7.2.8 A final plat drainage -report shall be prepared in compliance with Section 10.12 and
10.13 of the Weld County Subdivision Ordinance.
7.2.9 The following final plat supporting documents shall be submittedasipart ofa final
plat application.
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7.2.9.1 An erosion control plan, if required as aresult of -a preliminary plan
requirement.
7.2.9.2 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.
7.2.9.2.1 Plans and profiles (to suitable scale) of all roads to be
improved.
7.2.9.2.2 Typical cross section (to suitable scale) of roads, culverts,
and bridges, if applicable.
7.2.9.2.3 Typical road section, including pavement design
supported by soil reports, test results, and
computations.
7.2.9.2.4 Typical or specific details of road intersections and cul-de-
sacs.
7.2.9.2.5 A complete estimate of costs shall accompany the road
plan.
7.2.9.2.6 All road plan information shall be -complete and sufficient
for review by the County Engineer.
7.2.10 A certificate from the County Treasurer showing no delinquent taxes for the final
plat area.
7.2.11 A title commitment or a title opinion covering all public dedications.
7.2.12 A warranty deed, if required, deeding to theappropriate 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 Cleric to the Board to schedule a Board hearing date not
more than) forty-five (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 completeapplication has-been submitted.
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7.3.2 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 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.
7.3.3 The Clerk to the Board shall give notice of the application for a final plat and the
Board's public hearing date to those persons listed in the application as owners
and lessees of the mineral estate on or under the parcel under consideration. The
notification shall be mailed first class not less than ten (10) days before the
scheduled public hearing.
7.3.4 The plannershall post a sign 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 one sign shall be posted
in the most prominent place on the -property and a second sign shall be posted
wherea driveway (access drive) intersects a publicly maintained road right-of-way.
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.
7.3.4.1 The -assigned final plat application number.
7.3.4.2 The date, time, and place of the public hearing.
7.3.4.3 The phone and location of the Department of Planning Services.
7.3.4.4 The applicant's name.
7.3.4.5 The acreage of the -parcel under consideration.
7.3.4.8 The type'of request.
7.3.5 The Clerk to theiBoard 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.
7.3.6 The planner shall prepare comments for use by the Board addressing -all aspects
of the -application including the following:
7.3.6.1 That the proposed subdivision is located within an Urban Growth
Boundary area as defined and adopted in any approved
intergovernmental agreement(s), or as _defined in the Weld County
Comprehensive Plan.
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7.3.6.2 Compliance with the Weld -County Comprehensive Plan and the zone
district in which the proposed subdivision is located.
7.3.6.3 That comments received from referral -agencies -have been
addressed, if applicable.
7.3.6.4 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.
7.3.6.5 That, if a public sewage disposal system is proposed, provision has
been madeforthe 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.
7.3.6.6 That streets within the subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic
requirements of the subdivision.
7.3.6.7 That off -site street 9r highway facilities providing access to the
subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the subdivision
in accordance with the -requirements set forth in Section 10 of this
Ordinance.
7.3.6 8 That facilities providing drainage and stormwater management are
adequate.
7.3.869 The subdivision will not causean unreasonable burdenbn the ability
of local governments or districts to provide fire and police protection,
hospital, solid waste disposal, and other services.
7.3.6.10 The subdivision will not cause air pollution violations based on
Colorado Department of Health standards.
7.3.6.11 The subdivision conforms to the subdivision design standards -0f
Section 10.
7.3.6.12 The subdivision will not have an undue adverse effect on wildlife, its
habitat, the preservation of prime agricultural land, and historical
sites.
7.3.7 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
952050
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PAGE 44
consider the recommendation of the Department of Planning Services, the facts
presentedat the -public hearing, and the information contained in the -official record,
including the planner's case file.
7.3.7.1 The applicant has the burden of proof to show that the standards of
Section 7.3.7.1.1 through 7.3.7.1.12 are met. The applicant shall
demonstrate:
7.3.7.1.1 That the proposed subdivision is located within an Urban
Growth Boundary area as defined and adopted in any
approved intergovernmental agreement(s), or -as defined
in the Weld County Comprehensive Plan.
7.3.7.1.2 Compliance with the Weld County -Comprehensive Plan
and thezone district in which the proposed subdivision is
located.
7.3.7.1.3 That comments -received from referral agencies have
been addressed, if applicable.
7.3.7.1.4 That definite provision has been made for a watersupply
that is sufficient in terms of quantity, dependability and
quality to provide water for the subdivision including fire
protection.
7.37.1.5 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 thesubdivision.
7.3.7.1.6 That streets within the subdivision are adequate in
functional classification, width, and structural capacity to
meet -the traffic requirements of the proposed subdivision.
7.3.7.1.7 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.
7.3.7.1.8 That -facilities providing drainage and stormwater
management -are adequate.
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7.3.7.1.9 The subdivision will not cause an unreasonable burden on
the ability of local-governmentsor districts to provide fire
and police protection, hospital, solid waste disposal,and
otherservices.
7.3.7.1.10 The subdivision will not cause air pollution violations
based on Colorado Department of Health standards.
7.3.7.1.11 The proposed subdivision conforms to the subdivision
design standards of Section 1D.
7.3.7.1.12 The subdivision will not have an undue -adverse effect -on
wildlife, its habitat, the preservation of prime agricultural
land, and historical sites.
7.3.8 The Board's final decision will beby resolution. A record ofsuch action and a copy
of the resolution will be kept in the files of the Clerk to the Board. The plannershall
record an -approved final plat -and resolution with the County Clerk and Recorder.
7.3.9 No final platshall be considered approved and eligible for recording until the Board
has approved -a subdivision improvements agreement.
7.4 The Board may, without a hearing 9r 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.
10.1.1 General Standards
10.1.1.1 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.
10.1.1.2 Land subject to hazardoustonditions suchas 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
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eliminated or will be eliminated by the subdivision and construction
plans.
10.1.1.3 Provision shall be made to preserve groves of trees, streams,
unusually attractive topography, and other desirable natural
landscape features.
10.1.1A Asubdivision shall be -designed in such manneras to be coordinated
with adjoining subdivisions with respect to the -alignment of street
rights -of -way, utility and -drainage easements, and open spaces.
10.1.'1:5 All subdivision designsshall be certified by a registered professional
engineer licensed in the State of Colorado.
10.2 Streets
10.2.1 All streets within -major subdivisions and planned unit developments will be paved
in accordance with the following standards.
10.2.1.1 Street Plan -- The arrangement, -extent, width, type, and location of
all streets shall be designed in relation to existing or plannedstreets,
topographic conditions, publicconvenience and safety, and in relation
to the proposed lase of land to beserved. Streets shall beextended
to the boundaries of each building site, except wheresuch extension
is prevented by topography, otherphysical-conditions, or where the
connection of streets with existing or probable future -streets is
deemed unnecessary for theadvantageous-development of -adjacent
properties. All building sites shall have access toa public street.
10.21.2 Through Traffic -- A local street shall be arranged so that its -use by
through traffic will be discouraged.
10.2.1.3 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.
10.2.1.4 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±e subject to approval by the Board.
10.2.1.5 Alleys -- Service -access to the interior of blocks maybe permitted
uponapproval of the Board.
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10.2.1.6 Driveways -- Driveways shall not be permitted to have direct access
to arterial streets.
10.2.1.7 County -Streets shall have the following minimum right-of-way widths:
10.2.1.7.1 Local 60 feet
10.2.1.7.2 Collector 80 feet
10.2.1.7.3 Arterial 100 feet
10.2.1.8 County Streets shall have the following minimum lane and shoulder width:
10.2.1.8.1 Street Lane Width Shoulder Width
10.2.1.8.2 Local 10 feet to 11 feet .. 4 feet
10.2.1.8.3 Collector 12 feet 6 feet
10.2.1.8.4 Arterial 12 -feet 8 feet
10.2.1.9 Lane and shoulder widths for an arterial street withan average daily
traffic count greater than 1,250 vehicles is determined on an
individual project basis.
102.1.10 Improvements to the state highway system are determined by the
Colorado Department of Transportation.
102.1.11 Half -Streets -- Half -streets shall not be permitted, except for the
following:
10.2.1.11.1 A half -street is required to complete a half -street already
in existence.
10.2.1.112
10.2.1.11.3
The subdivider obtains for the County -a dedication from
the abutting landowner of the other -one-half of the
street.
The subdivider obtains from the abutting landowner,
municipality, or County, an agreement in a form
satisfactory to the 13oard which guarantees the cost of
the improvements and construction of the same on the
half street within a time suitable to the Board.
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10.2.1.11.4 The subdivider guarantees the construction of the
improvements on the half -street serving the subdivision.
10.2.1.12 Dead-end Streets (not cul-de-sacs) -- Dead-end -streets
shall not be permitted.
10.2.1.13 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.
10.2.1.14 Number _of Streets at Intersection -- No -more than two
streets shall intersect -at one point.
10.2.1.15 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.
10.2.1.16 Centerlines of Intersection -- Two streets meeting a third
street from opposite sides shall meet -at the same point,
or the centerlineof the third -shall be offset at least three
hundred (300) feet and subject to approval 9f the Board.
This requirement shall not apply to the alignment of
opposing cul-de-sac streets.
10.2.2 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 ofstreet names within the area.
10.2.3 Geometric Design Standards -- Geometric design for streets and roads shall be in
accordance with A Policy on the Geometric Design of Highways and Streets
published _by the American Association of State Highway and Transportation
Officials. Specifications, standards, or design criteria published by other
governmental agencies, -professional organizations, or -generally accepted
authoritative source may be used in geometric design. All specifications,
standards, or design criteria shall be referenced -and copied as part of the submittal
information.
10.2.4 Road Structure -- 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,
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standards, or design criteria shall be referenced and copied as part of the submittal
information.
10.2.5 Design Traffic Information -- Traffic count information and -projections for use in
geometric and road design shall be in accordance with the Trip Generation Manual
publishedby the Institute of Transportation Engineers.
10.2.6 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 services roads.
10.2.7 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 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 byTesolution of the Board.
10.3.1 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 beprovided through blocks or
lots where needed for adequate pedestrian circulation. Improved walks of not less
than four (4) feet in width shallbe placed within the pedestrian rights -of -way.
10.4 Block Standard The length, width and shape ofa block shall be determined with due regard
to the following:
10.4.1 Provision of adequate building sites suitable to the special needs of the type of use
contemplated.
10.4.2 Requirements of the zoning ordinance as to lot sizes and dimensions.
10.4.3 Need for convenient access, control, and safety of vehicular and pedestrian traffic
circulation.
10.4.4 Limitations -and opportunities -of topography.
10.4.5 Maximum block length between intersecting streets shall be 1,500 feet, unless
waived by -the Board.
10.5 Lot Size Standards
10.5.1 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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10.5.2 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.
10.5.3 The minimum area and dimensions of all lots shall conform to the requirements of
the applicable zone -district.
10.5.4 Nosingle lot shall be divided by a municipal or county boundary line.
10.5.5 A lot shall not be divided by a road, alley, or other lot.
10.5.6 Each lotshall be -provided with an adequate access to an existing public street.
10.5.7 Corner lots shall accommodate the required building setback for both street
frontages.
10.5.8 Lots shall not be less than thirty (30) feet in width at the front property lines.
10.5.9 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.
10.5.10 A flag lot configuration shall be avoided when possible. The minimum width of a
flag lot appendage shall be thirty (30) feet.
10.6 Easement Standards
10.6.1 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.
10.6.2 Where front line easements are required, a minimum of fifteen (15) feet shall be
allocated as a utility easement.
10.6.3 Easements shall be designed to provide efficient installation of utilities. Special
guying easements at corners maybe 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.
10.7 -Sanitary-Sewage Disposal Requirements
10.7.1 The proposed subdivision shall comply with the sanitary sewage disposal
requirements of the underlyingzone district. Plans for the proposed subdivision
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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-HealthDepartment
has made a favorable recommendation. -Appeal of an unfavorable Health
Department recommendation shall be in accordance with the procedures set out
in Section 3.11 of the Weld County Individual Sewage Disposal Regulations.
10.8 Water Supply — Water supply systems shall be provided -consistent with the standards -0f the
requirements of this Ordinance and the underlying zone district.
10.8.1 Public Water SUDDIV Systems
10.8.1.1 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.-8.1.3 The central water supply system shall contain mains and outletsiof
sufficient sizeand number to furnish an adequate water supply for
each lot in thesubdivision.
10.8.2 On -site Water Systems
10.8.2.1 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.
10.8.2.2 Where water supply systems are _proposed for individual lots, a
geologic report shall besubmitted and shall contain a specific section
on ground water geology prepared by a qualified ground water
geologist or engineer stating the following:
10.8.2.2.1 The probability of success of wells or on site supply
systems throughout the proposed subdivision.
10.8.2.2.2 The -expected long-term yield of such wells or systems.
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10.8.2.2.3 Compliance with-Colorado=Revised Statutes.
10.8.2.2.4 The expected depth to usable water.
10.8.2.2.5 The expected quality of the anticipated water.
10.8.2.2.6 Anyexpected significant problems of a long-term supply,
including but not limited to, pollution or long-term
maintenance of such wells or systems.
10.8.2.2.7 The anticipated cumulative effect of such water use on
other vested water rights in the area.
10.8.2.2.8 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 subdivisionapplication shall be referred to theapplicable 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.
1010 Irriqation 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 theapplicabletlitch 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 reportshall be submitted with the sketch planapplication
submittal. The sketch plan _drainage report shall be prepared by a registered
professional engineer licensed in Colorado. The reportshall be properly certified
and signed bysuch engineer.
10.11.2 The purpose of the sketch plan _drainage report is to identifyand define conceptual
solutions to existing problems or problems that will occur on -site -and off -site as a
result of the proposed -subdivision.
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10.11.3 The sketch plan drainage report shallbe 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 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 Generalsoilxonditions.
10.11.3.4.5 Irrigation ditches or laterals.
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.
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.
10.11.3.5.5 A discussion of off -site drainage flow patterns and
impact on the proposed subdivision.
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10.11.3.6 The drainage facility design concept and details for the proposed
subdivision, including:
10.11.3.6.1
10.111.3.:6.2
10.11.3.6.3
10.11.3.6.4
A discussion of compliance with off -site runoff
considerations.
A discussion of anticipated and proposed drainage
patterns.
A discussion of the content of tables, charts, figures,
plates or drawingsipresented in the report.
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 ofapproach toaccommodate 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.
113.11.3.6.7 A discussion of maintenance acc-ess 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 beat a scale of 1
inch equals 1000 feet to 1 inch equals 8000 feet. The map shall
identify any major -construction (e.g., development, irrigation ditches,
existing detention facilities, -culverts, and storm sewers) that shall
influence or be influenced by the proposedsubdivision.
10.11.3.9 A drainage plan map of the proposed subdivision ata scale of 1 inch
equals 20 feet to 1 inch equals200 feet may be included to better
identify existing and proposed conditions on or adjacent to the
proposed subdivision.
10.12 Storm Drainage Requirements
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10.12.1 The purpose of the drainage -report is to update the concepts and to present the
design details for the drainage facilities presented in the -sketch plan -drainage
report.
10.12.1.1 Thexdrainage report shall besubmitted with the preliminary plan and
final plat application submittals. The drainage Teport shall be
prepared by a registered professional engineer licensed in Colorado.
The reportshall be properly certified and signed by such engineer.
10.12.1.2 The drainage report shall contain -all components of the sketch plan
drainage report plus additional -necessary information relating to
design ofspecific facilities associated with the proposed subdivision.
Suchadditional information shall include the -following:
10.12.1.2.1 All criteria, master plans, and technical information used
for report preparation -and design shall be referenced.
10.12.1.2.2 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 drainagexlesign and how the previous
studies will affect drainage design for the site.
10.12.1.2.3 A discussion of the drainage impact of site constraints
such as streets, utilities, proposed and -existing
structures.
10.12.1.2.4 Hydrologic criteria -for identification of design rainfall,
runoff calculation method, design storm recurrence
intervals, and detention discharge and storage
calculation method.
10.12.2 Tile -drainage facility design concept andsJetails for the proposed resubdivision,
including:
10.12.2.1 A discussion of proposed drainage patterns.
10.12.2.2 A -discussion of -compliance with off -site runoff consideration.
10.12.2.3 A discussion of the content of tables, charts, figures, plates, or
drawings presented in the report.
10.12.2.4 A discussion of detention storage and outlet design when applicable.
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10.12.2.5 A presentation of an accurate, complete, current estimate -of cost of
proposed facilities.
10.12.3 A general location -map shall be provided in -sufficient detail to depict general
drainage patterns and identify drainage-flowsantering-and leaving the proposed
subdivision. The mapscale shall be 1 inch equals 1000 feet to 1 inchaquals 8000
feet. The -map shall identify any majorconstruction (e.g., development, irrigation
ditches, existing detention facilities, culverts,and storm sewers) that shall influence
or be influenced by the proposed subdivision.
10.12.4 A drainageplan map of the proposed -subdivision atascale from one inch -equals
20 feet to one inch equals 200 feetshall be included. The drainage plan -map shall
show the following:
10.12.4.1 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.
10.12.4.2 Property lines and easements with purposes noted.
10.12.4.3 Streets.
10.12.4.4 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
locationsshall also be included.
10.12.4.5 Overall -drainage area boundary and drainage sub -area boundaries
relating to the proposed subdivision.
10.12A.6 Proposed type of street flow (i.e., vertical or ramp curb and gutter),
roadside ditch, gutter flow directions, and cross pans.
1D.12.4.7 Proposed storm sewer and open drainage ways, including inlets,
manholes, culverts, and other appurtenances.
10.12.4.8 Proposed outfall point for runoff from the developed area and facilities
to convey slows to the final outfall point without damage to
downstream properties.
10.12.4.9 Routing and accumulation of flows at various critical points for all
storm runoff associated with the proposed subdivision.
10.12.410 Path(s) chosen for computation -of time concentration.
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10.12.4.111 Details of detention storage facilities and outlet works.
10.12.4.12 Location and elevation of all _defined floodplains affecting the
proposed subdivision.
10.12.4.13 The location of all existing and proposed utilities affected by or
affecting the drainage design.
1013 Storm Drainaae Design and Technical Criteria
10.13.1 The engineer is to use published material by a generally -accepted authority
approved by the Weld County Engineer. The material used must be referenced
and copied aspart 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.
11113.3 The design and operation of a proposed subdivision shall -ensure the following:
10.13.3.1 Historical flow pattems and runoff amounts will be maintained in such
a manner that will reasonably preserve the natural character of the
area and prevent property damageef the type generally -attributed to
runoff rate -and velocity increases, diversions, concentrationand/or
unplanned ponding of storm runoff.
10.13.3.2 Runoff volumes and peaks within the proposed subdivision site and
in areas affected by -runoff will not axceed the runoff levels
attributable to the site in its naturalstate.
10.13.3.3 The development will not impede the flow of natural water courses.
10.13.3.4 All low points within the proposed subdivision site are ensured
adequate drainage.
10.13.3.5 Anysdrainage systemproposed as partefany 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.
10.13.3.6 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.
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10.13.3.7 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.
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 Ordinanceshall be -net.
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.
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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 applic-able regulations of
the Weld County Zoning Ordinance shall be met.
10.17 Planned Unit Development Overlay District -Requirements. Ita 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
10.1-8.1 The Board of County Commissioners may require the dedication, development, or
reservation of parc-els 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 parc-els 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 of the required acreage at the time
of final plat submission of the Tequired 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 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:
1D.18.1.4.1 For -residential subdivisions, the required -acreage shall
equal the expected {population multiplied by 10.5 and
divided by 1000.
10.18.1.4.2 Expected population shall be determined by multiplying
the total number of units proposed for the subdivision by
the average number of inhabitants per unit in existing
952050
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RE: ORDINANCE NO. 173-C
PAGE 60
subdivisions of a similar character or by using U.S.
Census population per household statistics.
10.19 School District Requirements -- A residential subdivision -application -shall be referred to the
applicable school district for review and recommendation regarding school -district
requirements. The DepartmentMf 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 shallbe installed underground, except for the following:
10.20.1.1 Transformers, switching boxes, terminal boxes, meter cabinets,
pedestals, ducts and other facilities necessarily appurtenant to such
underground and street lighting facilities.
10.20.1.2 All facilities reasonably necessary to connect underground facilities
to existing or permitted overhead or aboveground facilities.
10.20.1.3 -Existing and new overhead electric transmission and distribution
feeder lines and _overhead communication long distance, trunk and
feeder lines.
10.20.1.4 Itshall not be necessary toTemove or replace existing utility facilities
used or useful in serving the subdivision.
10.20.1.5 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 3028-101 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".
952050
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RE: ORDINANCE NO. 173-C
P-AGET1
11.1.2 Ownersof land areeligible toapply for an exemption only when at least one of the
resulting parcels would be less than thirty-five (35) acres in size.
11.1.3 The Board delegates the authority and responsibility foroonsidering and approving
Recorded Exemptions to the planner through an administrative review process.
The planner shall approve the request for a Recorded Exemption unless the
planner finds 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 the applicant has not met the
standards of Section 11.4.2.1 through 11.4.2.6, the request will tie scheduled
before the Board ins public -hearing. The Board will -consider the application and
take final action on the Recorded Exemption request.
11.2 Recordedfxemption
11.2.1 The recorded exemption is a subdivision process used to divide -a lot, not located
inanapproved subdivision, into two -separate lots. Examples of when aTecorded
exemption application may besubmitted includetreating 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_ommercial or industrial
zone district for_existing or futurexdevelopment.
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 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. When the parcel(s) is located in
the agricultural zonexdistrict, the description shall include approximate acreage of
952050
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RE: ORDINANCE NO.173-C
PAGE 62
prime and nonprime farmland as defined in the Weld County Comprehensive Plan,
numberand 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.
11.37 The reason for the proposed recorded exemption with an explanation how each lot
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 how the proposal is consistent with the Weld County
Comprehensive Plan and any adopted municipal plan, and any approved
intergovernmental agreement(s), if applicable.
11.3.10 A statement explaining -how the proposed _uses will be compatible with existing
surrounding land uses.
11.3.11 A statement explaining how the proposal is consistent with the intent of the district
it is located withinasaxpressed in the Weld County Zoning Ordinance.
11.3.12 A statement explaining how the proposal is consistent with the purpose of in
Section 1.3 of this Ordinance.
11.3.13 A recorded -exemption sketch map drawn at a suitablescale 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 northarrow.
11.3.13.4 All existing and proposed driveways andacc-esses associated with
either lot.
11.3.13.5 The name of any - existing roads or highways abutting the proposed
recorded exemption property.
113.13.6 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.
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RE: ORDINANCE NO. 173-C
PAGE 63
11.3.137 All easements or rights -of -way located on the proposed recorded
exemption property.
11.3.13.8 All unique physical characteristics of the proposed recorded
exemption property.
11.4 Duties of the Department of Planning Services
11.4.1 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:
11.4.1.1 Send the application to referral agencies for review and comment.
The agency shall respond within twenty-one (21) days after the
application is mailed. The failure of any agency to respond within
twenty-one (21) slays 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:
11.4.1.1.1 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 defined and adopted
in any approved intergovernmental agreement(s).
11.4.1.1.2 Weld County Environmental Protection Services.
11.4.1.1.3 Weld County Public Works Department.
11.4.1.1.4 Colorado State Engineer, Division of Water Resources.
11.4.1.1.5 Colorado Department of Transportation.
11.4.1.1.6 Any irrigation ditch company with facilities on or adjacent
to the parcel under consideration.
11.4.1.1.7 Any other agency or individual whose review is
considered necessary to evaluate the recorded exemption
application.
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RE: ORDINANCE NO. 173-C
PAGE 64
11.4.2 The planner shall prepare a staff recommendation within thirty (30) days of receipt
of a complete application. The planner's recommendation shall consider
comments received from referral agencies 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 approved
intergovernmental agreement(s) when the recorded exemption
application is located within a specified intergovernmental boundary
area(s).
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 the purpose of 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.
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
11.5.1 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 11.42.6. The
Board's decision shallconsider 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
11.5.8. The applicant shall demonstrate:
11.5.1.1 Conformance with the Weld County Comprehensive Plan Urban
Growth Boundary Policies and Goals and an adopted
intergovernmental agreement(s) when the recorded exemption
952050
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RE: ORDINANCE NO. 173-C
PAGE 65
application is located within a specified Intergovernmental boundary
area(s).
11.5.12 Compatibility with the existing surrounding land uses.
11.5.1.3 Consistency with the intent of the district the recorded exemption is
located within as expressed in the Weld County Zoning Ordinance.
11.5.1.4 Consistency with the purpose of Section 1.3 of this Ordinance.
11.5.1:5 Compliance with the recorded exemption standards set forth in
Section 11.8 of this Ordinance.
11.5.1.6 Adequate provision for the protection of the health, safety, and
welfare of the inhabitants of the -neighborhood and the County.
11.5.2 The approval by the Board of County Commissioners may be conditioned or
restricted to carry out the intent of Section 1.3 of this Ordinanc-e and include, 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
housingstock. Conditions of approval -shall beinet prior to recording the plat and
restrictions may be enforced by means of notes -on the plat.
11.6 Recorded Exemption Resolution
11.6.1 A resolution setting forth the decision of the Board shall be drafted andsigned. A
record of such action and a copy of the resolution will be kept in the files of the
Clerk to the Board. The Boardshall also -authorize the Chairman to sign the plat
required in Section 117 of this Ordinance.
11.7 Recorded Exemption Plat
11.7.1 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:
11.7.1.1 The plat shall be prepared by a registered land surveyor in the State
of Colorado.
11.7.1.2 The plat shall be delineated in non -fading permanent black ink on a
dimensionally stable polyester sheetsuchas cronar or mylar or other
product-ofaqual quality, three millimeters 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
952050
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RE: ORDINANCE NO. 173-C
RAGE B6
thirty-six inches (36") in width. 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 "stickytack", adhesivefilm, or
kroy lettering tape. The drawing shall be at sufficient scale toshow
all necessary detail.
11.7.1:3 A photo mylarxopy or diazo sensitized mylar copy of the -original ink
drawing -nay be submitted. The material shall beat least three (3)
mils or greater in thickness.
11.7.1.4 The plat submitted will contain the _original signatures and seals ofall
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.
11.7.1.5 Th-e plat shall be titled, "Recorded Exemption No. ". The
Department -of -Planning Servicesshall fill in the appropriate number.
11.7.1.B The plat -and legal descriptionshall include all contiguous land owned
by the applicant or as provided in accordance with Section 11.8.7 of
this Ordinance.
11.7.1.7 The plat -need -not -show the bearings, lengths,and curvedataforany
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 theiiearings,
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 berequiredaround
the perimeter of both lots. Aboundary survey -shall be required for
any irregular shaped lot which does not have a natural boundary and
c-annotbe accurately described without standards for land surveys
and plats in Title 38, Article 51, Colorado Revised Statutes.
11.7.1.8 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.
11.7.1.9 The plat -shall includean accurate drawing of the two (2) approved
lots. The smaller parcel shall be designated "LotA"and the larger
parcel "Lot B". The acreage for "Lot A" and "LotB" shall be given.
Theacreage 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
952050
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RE: ORDINANCE NO. 173-C
PAGE 67
monumentsofrecord. "Lot B" shall also be surveyed, if requiredby
Section 1-17:6, unless it is 35 acres -or greater and the -approximate
dimensions for the boundary of LotB can be given. Existing 'public
rights -of -way providingaccess to both lots shall be -shown.
11.7.1.110 All work shall comply with the requirements -of C.R.S. Sections 38-50-
101, 38-51-101, 38-51-102, and 38-53-103, and38-53-104.
11.7.1.11 All work shallxomply 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."
11.7.1.12 The plat shall bear the following certifications:
11.7.. 1.12.1 Property Owner's Certificate example:
I (We), the undersigned, -being the sole owners in fee of the above described property do
hereby subdivide the same as shown on the -attached map. I (We)irnderstand this property
is located in the (fill in the correct zone district) zone_district and is also intended to provide
areas for the conduct of other uses by right, accessory uses,and uses by special review.
(Signature) (Signature)
The foregoing certification was acknowledged before me this day of
A.D. 19
My Commissionxpires:
Notary Public Witness my Hand and Seal
11.7.1.12.2 Surveying Certificate example:
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
surveyand 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 Date
Colorado Registration #
952050
ORD173
RE: ORDINANCE NO. 173-C
PAGE 68
11.7.1.12.3 Board of County Commissioner's Certificate example:
This certificate is used only when the Recorded Exemption is approved by the
Board in a public hearing.
This plat is accepted and_approved-for filing.
Chairman, Board of County Commissioners
ATTEST:
Weld County Clerk to the Board
By: Dated:
Deputy Clerk to the Board
11.7.1.12.4 Department of -Planning Services' Administrative Review Certificate example:
This certificate is used when the Recorded Exemption is approved by the
Department -of Planning -Services.
This plat is accepted and -approved for filing.
Department of -Planning Services Director
The foregoing certification was acknowledged before me this day of
A.D., 19
My Commission expires:
Notary Public Witness my hand and Seal
11.7.1.12.5 Easement Certificate example:
This certificate shall be used whenany 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:
952050
0RD173
RE: ORDINANCE NO. 173-C
PAGE 69
11.8.1 The water supply forboth lots as proposed by the recorded exemptionapplication
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 No. 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 any adopted intergovernmental agreements, 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 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.
11.8.10 TheproposedTecorded exemption does not evade the statement of purpose as set
forth in section 1.3 of this Ordinance.
11.9 Recorded exemption correction
11.9.1 The Board orplanner may approve a correction toa recorded exemption. The
correctionshalkonly address technical errors where such correction is consistent
with the approved plat and application.
952050
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RE: ORDINANCE NO. 173-C
PAGE 7D
11.10 Amendments
11.10.1 Any change to a previously approved recorded -exemption which is not a correction
as defined in Section 11.9cf this Ordinance, shall be processed -as a-newrecorded
exemption, ifeligible.
BE IT FURTHER ORDAINEDty the Board, if -any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is foranyieason held _or decided tote unconstitutional, such
decision shall not affect -the validity of the remaining portions hereof. Tile Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one -0r more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be_unconstitutional or invalid.
The above and foregoing Ordinance Number 173-C was, on motion duly made and
seconded, adoptedty the following vote on the * day of *, A.D., 1995.
BOARD OF COUNTYCOMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Dale K. Hall, Chairman
Weld County Clerk to the Board
Barbara J. Kirkmeyer, Pro-Tem
BY.
Deputy Clerk to the Board
George E. Baxter
APPROVED AS TO -FORM:
Constancel. Harbert
County Attorney
W. H. Webster
First Reading: October 25, 1995
Publication: November 2, 1995
Second Reading: November 13, 1995
Publication: November 16, 1995
Final Reading: November 27, 1995
Publication: November 30, 1995
Effective: December 5, 1-995
952050
ORD173
AFFIDAVIT OF PUBLICATION
NOTICE
DOCKET NO. 95-67
The Board of County
Commissioners of Weld
County, Colorado, will
conduct a public hearing
at 9:00 ern., on Wed-
nesday, October 25, 1995,
in the Chambers of the
Board of County Commis-
sioners of Weld County,
Colorado, Weld County
Centennial Center, 915
10th Street, First Floor,
Greeley, Colorado, for the
purpose -cif considering
amendments to Sections
1, 3, 4, 5, 6, 7, 10, and 11
of the Weld County
Subdivision Ordinance.
The amendments will
clarify the intent of the
Subdivision Ordinance
and procedures and
criteria for recorded
exemptions and major and
minor subdivisions.
All persons ki any manner
Interested ere requested
to attend said hearing and
may be heard.
Should any interested
party desire the presence
of a court reporter to make
a record of the proceed-
ings, in addltloy to the
taped record which will be
kept during the hearing,
the Clerk to theU3oard
stall be advised ki wilting
of such action at least fete
days prior to the hearing.
The cost of engaging a
court reporter shall be
borne by the requesting
parly.
Please contact the Clerk
to the Board's Office at
phone (970) 356-4000,
Extension 4226, or lax
(970) 352-0242 prior to
the day of the hearing so
that reasonable accom-
modations can be made if,
in accordance with the
Americans with Disabi-
lities Act, you require
special accommodations
In order to participate in
this heating as a results,'
a disability.
BE IT ALSO KNOWN that
copies of the proposed
amendments may be
examined in the office of
the Clerk to the Board of
County Commissioners,
located in the Weld
County Centennial Center,
915 10th Street, Third
Floor, Greeley, Colorado,
Monday through Friday,
8:00 a.m. to 5:00 pin.
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,
COLORADO
BY:
DONALD D. WARDEN
. WELD COUNTY CLERK
id THE BOARD
BY:
SHELLY K. MILLER
DEPUTY CLERK
TO THE BOARD
DATED: October 2,1995
PUBLISHED; October 5, 1995, In
the North Weld Herald
ERIKA C. BAGLEY
Notary Public
Ctato cf Colorado
My commission expires
STATE OF COLORADO
COUNTY OF WELD
I, Bruce J. Bormann, of said County of Weld, being _duly
sworn, say that I am -Publisher of
THE NORTH WELD HERALD
ss.
a weekly newspaper having a general circulation in said
County and State, published in the town of Eaton, in said
County and State; and that the notice, of which the annexed is
a true copy, has been published in said weekly -newspaper for
gilt successive weeks, that the notice was published
in the regular and entire issue of every number of the paper
during the period and time of publication, and in the
newspaper proper and not in a supplement, and that the
publication ofsaid notice:
`�'l pace Dc -de
was), said newspaper bearing the date(s) of:
Ottee/t S 19 9'C
,19
,19
19
and that the said THE NORTH WELD HERALD has been
published continuously and uninterruptedly for the period of 52
consecutive weeks, in said County and State, prior to the date
of first publication -of said notice, and the same is a newspaper
within the meaning of an Act to regulate printing of legal
notices and advertisements, approve May 18, 1931, and all
prior acts so far aa')1 force.
E J. BORMANN, PUBLISHER
Subscribed andsworn to before me this
of (c.tob
24- ±4") day
1995
Sti ka. C - 6a$9'E.y
TARP PUBLIC
Ce/obE - 7/, /999
NOTICE
DOCKET NO.95-67
The Board of County Commissioners of Weld County, Colorado, will -conduct a public hearing at
9:00 a.m., on Wednesday, October 25, 1995, in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 91:5 10th Street, First
Floor, Greeley, Colorado, for the purpose of -considering amendments to Sections 1, 3, 4,-5,-6, 7,
10, and "11 of the Weld County Subdivision Ordinance.
The amendments will clarify the intent of the Subdivision Ordinance and procedures and criteria
for recorded exemptions and major and minor subdivisions.
All persons in any manner interested are requested to attend said hearingand may be heard.
Should any interested party desire the presence of a court reporter to make a record of the
proceedings, inadditionlo the taped -record which will be kept during the hearing, the Clerk to the
Board shall be advised in writing of such action at least five days prior to the hearing. The cost of
-engaging a -court reporter shall be borne -by the requesting party.
Please contact the Clerk to the Board's Officeat phone (970) 356-4000, Extension 4226, or fax
(970) 35210242 prior to the day of the hearing so thatTeasorrableaccommodations can be made
if, in accordance with the -Americans withDisabilities Act, you require special accommodations in
order to participate in this hearing as -a result of a -disability.
BE IT ALSO KNOWN that -copies -of the proposed amendments may be examined in the -office of
the Clerk to theBoard of County Commissioners, located in the Weld County Centennial Center,
915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:O0 a.m. tot:00 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK7O THE BOARD
DATED: October 2, 1995
PUBLISHED: October 5, 1995, in the North Weld Herald
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss.
COUNTY OF WELD
I, Bruce J. Bormann, of said County of Weld, being duly
sworn, say that I am Publisher of
THE -NORTH WELD HERALD
a weekly newspaper -having a general circulation in said
County and State, published in the town of Eaton, in said
County and State; and that the -notice, of which the annexed is
a true copy, has been published in -said weekly newspaper for
ent- successive weeks, that the notice was published
in the regular and -entire issue -of _every number of the paper
during the period and time of publication, and in the
newspaper proper and not in a supplement, and that the
publication of said notice:
O retina Ace 173.C -
was in said newspaper bearing the date(s) -of:
rl c vYS ryt 77614.44124.t. 2
,19
19 _
,19
,19
93--
and that the said THE NORTH WELD HERALD has been
published continuously and uninterruptedly for the period of b2
consecutive weeks, insaid County and State, prior to the date
of first publication of said notice, and the same is a newspaper
within the meaning of an Act to regulate printing of legal
notices andadvertisements, approve y; ay 18, 1931, and all
prior acts sofa •s ' force.
CE J. BORMANN, PUBLISHER
Subscribedand sworn to before me this
of
wove nb
My commission -expires
13 1YI day
19 95
C. Ain,
OTARY PUBLIC
Iktehig- O, 1999
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ORDINANCE NO. 173-C
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Sion and clarification with re -
Assisting orderly and Integrated development
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SECTION 3: MAJOR SUBDIVISION AND MINOR
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Chairman, Board of County Commissioners
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Deputy Clerk to the Board
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