HomeMy WebLinkAbout972870.tiffsubdivision Ordinance
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COLORADO
Weld County, Colorado
October 6, 1997
91-ziFrio
DOCUMENT EFFECTIVE DATE
Ordinance #173
- Original Document
Ordinance #173-A
December 15, 1992
August 10, 1993
Delete Section 11.3.4 and 11.3.5 (renumber Sections 11.3.6
through 11.4) and Section 11.4.2 and 11.4.3 (renumber
Sections 11.4.4 through Section 11.5), all of which require
notification to. surrounding property owners and the owners
and lessees of mineral rights for recorded exemption
applications.
Ordinance #173-B March 7, 1995
- Amend Sections 4.5.5, 4.5.14, 6.3.1.5, and 7.3.1.3, all of which
clarify the responsibility for posting a public hearing notice sign for
subdivision applications.
Ordinance #173-C December 5, 1995
Complete rewrite of the following: Sections 1.3 through 1.3.16;
Section 3, 4, 5, 6, 7, and 10; and Section 11.1 through 11.10.
Addition to Section 2.13.
Throughout Ordinance, "Colorado Department of Health"
was changed to "Colorado Department of Public Health and
Environment" to accommodate that name change.
Throughout Ordinance, inconsistencies between the use of "meeting"
and "hearing" were corrected to read Planning Commission meeting
and Board of County Commissioner hearing.
This Ordinance shall become effective in accordance with the terms of Article Ill, §3-14(2) of the
Weld County Home Rule Charter, except that the provisions of Section 11.8.8 shall not be applied
to prohibit the approval within ten (10) years, but no less than five (5) years, of one additional
application for a recorded exemption on a parcel which has been part of a recorded exemption
which was approved or had an application pending as of October 25, 1995.
Ordinance #173-D November 26, 1996
- Amend Section 11, Rules and Regulations for Exemptions
to include the 3 -lot Recorded Exemption process.
Ordinance #173-E October 6, 1997
Addition of definitions to include: Non -Urban Scale Development and
Urban Scale Development
Amend Section 4.3.3.1, 4.6.9.1, and 4.6.16.1 - clarifying compliance with
other ordinances, zone districts, any adopted intergovernmental agreements,
or master plans of affected municipalities.
The following text incorporates the above -listed amendments.
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SUBDIVISION ORDINANCE
TABLE OF CONTENTS
SECTION
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PAGE
TITLE, AUTHORITY, JURISDICTION AND PURPOSES
2 DEFINITIONS 4
3 MAJOR SUBDIVISION AND MINOR SUBDIVISION PROCESS 10
4 MINOR SUBDIVISIONS 11
5 MAJOR SUBDIVISION SKETCH PLAN - FIRST STEP 25
6 MAJOR SUBDIVISION CHANGE OF ZONE - SECOND STEP 27
7 MAJOR SUBDIVISION PRELIMINARY PLAN - THIRD STEP 28
8 MAJOR SUBDIVISION FINAL PLAT - FOURTH STEP 37
9 RESUBDIVISIONS 48
10 CONFORMANCE WITH EXISTING COUNTY LAND USE REGULATIONS 52
11 DESIGN STANDARDS 53
12 RULES AND REGULATIONS FOR EXEMPTIONS 66
13 UTILITIES AND IMPROVEMENTS 80
14 IMPROVEMENTS AGREEMENT 81
15 VARIANCES 83
16 VIOLATIONS AND PENALTIES 84
17 FEES 85
18 VESTED PROPERTY RIGHTS 86
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SECTION 1 TITLE, AUTHORITY, JURISDICTION AND PURPOSES
1 1 Title and Short Title
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The title is an ordinance establishing rules, regulations and standards governing the
subdivision,of land within Weld County, setting forth the procedure to be followed by the
Board, Planning Commission, and the planner in applying and administering these rules,
regulations and standards, and setting forth the penalties for the violation thereof as
established by the State of Colorado
1 1 2 The short title for this ordinance shall be known and may be cited as the "Weld County
Subdivision Ordinance"
1 2 Authority, Jurisdiction and Enforcement
1 2 1 Weld County is enabled by law to regulate the subdivision of unincorporated land within the
county limits by virtue of Title 30, Article 28 of the Colorado Revised Statutes
1 2 2 Any person, partnership, or corporation intending to subdivide land as defined in Section
2 of this Ordinance shall submit plans and plats as required by and specified by this
Ordinance to the planner, the Planning Commission, and the Board for review and
approval
1 2 3 Plans and plats of proposed subdivision of land located within the planning jurisdiction shall
be submitted to the planner, the Planning Commission and the Board for review and
approval, in accordance with the provisions of this Ordinance, before such plats may be
recorded with the Weld County Clerk and Recorder To ensure uniformity and
environmental protection, such plans and plats shall conform to and follow procedures and
standards as specified in this Ordinance
1 2 4 The planner shall maintain an adequately numbered filing system for all subdivisions,
including copies of all maps, data, and actions A master location map (or maps)
referenced to the filing system shall be made available for public use and examination
1 2 5 It shall! be unlawful to file a subdivision plat with the County Clerk and Recorder unless a
notation has been made on the plat by the Board certifying it has approved the plat in
accordance with this Ordinance
1 2 6 ' The chief administrative officer for processing, reviewing and evaluating proposed
subdivisions of land, and for advising the Planning Commission and the Board concerning
their acceptance or denial, shall be the Planning Director, herein called the planner
1 2 7 The planner shall have the authority and shall be required to review all subdivision
applications and shall advise prospective subdividers, the Planning Commission, and the
Board of County Commissioners of all instances where the Subdivision Ordinance appears
to be violated or misinterpreted
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1 2 8 The Department of Planning Services' staff shall have the authority and shall be required
to make a written report on submitted subdivision applications The report should address
adequacy of streets, lot sizes, and other public improvements The planner shall comment
upon those items that would improve the land use, traffic circulation, utility services, and
environmental conditions for the future inhabitants of the subdivision The staffs review
may include field inspection trips, an evaluation of the proposed subdivision in relation to
the Comprehensive Plan, Subdivision Ordinance, Zoning Ordinance, and an evaluation of
its impact on the environment and all other pertinent data regarding the subdivision
1 2 9 The Board shall have the authority to require changes to the preliminary plan, final plat, and
resubdivision plat which more fully meet the purposes of the Subdivision Ordinance as set
forth in Section 1 3 of this Ordinance
1 2 10 In reviewing subdivision plans, the planner, Planning Commission, and Board shall not only
insure that the intent and requirements of this Ordinance are followed, but shall also
determine the extent to which the goals and policies embodied in the Comprehensive Plan
are met
1 3 Statement of Purpose 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,
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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,
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1 3 16 , Preventing loss and injury from land slides, mud flows, and other geologic hazards,
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
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SECTION 2 DEFINITIONS
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Access - The place, means, or way vehicles or pedestrians shall have safe, adequate, and legal
ingress and egress to a lot, trail, open space, off-street parking space or use
Applicant - The fee owner(s) of a parcel of land submitting an application for development The fee
owner(s) may authorize an agent to sign an application by providing a letter granting power of
attorney to the agent
Aquifer - A water -bearing layer of sand, gravel, or porous rock
2 2 "B"
Board - The Board of County Commissioners of Weld County
2 3 "C"
Comprehensive Plan - The duly adopted Weld County Comprehensive Plan
Cul-de-sac - A local street that terminates in a vehicular turnaround
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Design Standards - Standards that set forth specific subdivision improvement requirements of the
adopted Subdivision Ordinance
Disposition - A contract for sale resulting in the transfer of equitable title to an interest in subdivided
land, an option to purchase an interest in subdivided land, a lease or an assignment of an interest in
subdivided land, or any other conveyance of an interest in subdivided land which is ,not made
pursuant to one of the foregoing
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Easement - A right to use land generally established in a real estate deed or on a recorded plat to
permit the use of land by the public, a corporation, or particular person for specified uses
Evidence - Any map, table, chart, contract, or any other document or testimony prepared or certified
by a qualified person to attest to a specific claim or condition, which evidence must be relevant and
competent and must support the position maintained by the subdivider
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Final Plat - A map and supporting materials of certain described land prepared in accordance with
the subdivision ordinance as an instrument for recording of real estate interests with the County Clerk
and Recorder
Floodplain - Any land area susceptible to being inundated by water from any source An intermediate
regional floodplain includes the land area which is likely to be inundated by water of an intermediate
regional flood
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Improvements Agreement - One or more security arrangements which may be accepted by the Board
of County Commissioners to secure the construction of off -site public improvements or improvements
within the proposed subdivision development Any such agreement or contract -shall be made in
conformance with the Weld County Administrative Policy on Collateral for Improvements
2 10 "J
2 11 "K"
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Landowner - Any owner of a legal or equitable interest in real property and includes the heirs,
successors, and assigns of such ownership interests
Local Government - Any county, city and county, city, or town, whether statutory or home rule, acting
through its governing body or any board, commission, or agency thereof having final approval
authority over a Site Specific Development Plan, including without limitation any legally empowered
urban renewal authority
Lot - The basic development unit, an area with fixed boundaries, used or intended to be used by one
building and its accessory use(s), structure(s), and/or building(s) A lot shall not be divided by any
public highway, street, or alley A lot must meet the requirements of the zoning district in which it is
located and must have access to a public street or an approved private street
2 13 "M"
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 A-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
Minor Subdivision - A Minor Subdivision is a procedure for subdividing a tract of land being divided
into no more than five (5) lots
Mobile or Manufactured Home Park - An area under single ownership or control designed primarily
for the rental of portions of the area for spaces for occupied manufactured or mobile homes A mobile
or manufactured home park proposal shall be submitted and processed according to the procedures
and requirements of the Planned Unit Development requirements as described in the Weld County
Zoning Ordinance
Mobile or Manufactured Home Subdivision - An area platted into lots according to the adopted County
standards and procedures and designed primarily for the sale of such lots to individuals for permanent
mobile or manufactured homes A mobile or manufactured home subdivision is a subdivision
designed and intended primarily for the sale of lots ,
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Municipality - An incorporated city or town
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Non -Urban Scale Development - Developments comprising of five or less residential lots, located in
a non -urban area as defined by the Weld County Comprehensive Plan, not adjacent to other PUD's,
subdivisions, municipal boundaries or urban growth corridors Non -Urban Scale Development on
public water and septic system s shall have a minimum lot size of one (1) acre and an overall density
of two and one-half (2-1/2) acres per septic system Non -Urban Scale Development proposing
individual, private wells and septic systems shall have a minimum lot size of two and -one-half (2-1/2)
acres per lot
2 15 "O"
Off -Street Parking Space - A parking space provided in a parking lot, parking structure, or private
driveway for a motor vehicle that is not located on a dedicated street right-of-way
On -Street Parking Space - A parking space for a motor vehicle that is located on a dedicated street
right-of-way
2 16 "P"
"Permanent Monument - Any,structure permanently placed on or in the ground, including those
expressly placed for surveying reference
Planner - The chief administrative official employed by the Board as the Planning Director
Property - All real property subject to land -use regulation by a local government
PUD (Planned Unit Development) - A zoning district which includes an area of land, controlled by one
or more landowners, to be developed under unified control or unified plan of development for a
number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination
of the foregoing, the plan for which may not correspond in lot size, bulk, or type of use, density, lot
coverage, open space, or other restriction to the existing land -use regulations
Planning Commission - The Weld County Planning Commission
Preliminary Plan - The map or maps of a proposed subdivision and specified supporting materials,
drawn and submitted in accordance with requirements of this Ordinance, to permit the evaluation of
the proposal prior to detailed engineering and design -
Private Street - A right-of-way or easement in private ownership, not dedicated or maintained as a
public street which affords the principal means of access to one or more lots and is not maintained
by Weld County L
Public Water and Public Sewer - Transmission, storage, treatment, collection or distribution facilities
which are constructed, operated, or maintained by any group, organization, special district or
municipality for the purpose of providing the members of the group, organization, special district, or
municipality with common water or sewer service facilities
2 17 "Q"
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Resubdivision - A subdivision process used to propose a change in a map of an approved or recorded
subdivision plat or any change in a map or plan filed prior to adoption of this Ordinance controlling
subdivisions If the change affects any lot line, any street layout on the map, or any area reserved
for public use such as utility or drainage easements, the resubdivision requirements shall be followed
Ryht-of-way - That portion of land dedicated to public use for street and/or utility purposes
Roadway - That portion of the street right-of-way designed for vehicular traffic
2 19 "S"
Site Specific Development Plan - A subdivision final plat, resubdivision, or minor subdivision
application which has been submitted to Weld County and receives final or conditional approval by
the Board No other type of subdivision application shall be considered a Site Specific Development
Plan
Sketch Plan - The map or maps of a proposed subdivision and specified supporting materials drawn
and submitted in accordance with the sketch plan of this Ordinance
Street - A public or private right-of-way or easement providing vehicular and pedestrian access to a
lot, block, or parcel according to design standards and the classification table listed below
County Road System - The chart listed below establishes minimum standards for new or rebuilt County roads These standards shall
be considered minimum unless more stringent standards are established by the Board of Commissioners or the Subdivision Ordinance
Average Daily Pavement Number Land Shoulder Additional
Classification Traffic Counts Type of Lanes Width Width Right-of-way Requirements
Local 0 - 60 Gravel 2 10' 3' 60'
Local 61 - 200 Gravel 2 11' 4' 60' Potential Dust
Abatement Program
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Collector 201 - 650 Paved 2 12' 4' 80'
Arterial 651 - 1,250 Paved 2 12' 4' 100'
Arterial Over 1,250 Determined on an individual project basis
Weld County generally follows the published policies and standards set forth in the Colorado Division of Highways Roadway Design
Manual and the American Association of State Highway and Transportation Official's published policies on Geometric Design of Rural
and Urban Highways for new construction
Subdivider or Developer - Any person, firm, partnership, joint venture, association or corporation who
shall participate as owner, promoter, developer, or sales agent in the planning, platting, development;
promotion, sale or lease of a subdivision
Subdivision or Subdivided Land - Any parcel of land in the state which is to be used for
condominiums, apartments, or any other multiple -dwelling units, unless such land when previously
subdivided was accompanied by a filing which complied with these provisions and with substantially
the same density, or which is divided into two or more parcels, separate interest, or interests in
common, unless exempted under the preceding paragraphs "Interests" shall include any and all
interests in the surface of land but exclude any and all subsurface interests
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The terms "subdivision" and "subdivided land" shall not apply to any division of land which create
parcels of land each of which comprise thirty-five or more acres of land and none of which is intended
for use by multiple owners
Unless the method of disposition is adopted for the purpose of evading these regulations, the terms
"subdivision" and "subdivided land", as defined in this Section 2 19, shall not apply to any division of
land
(I)
Which creates parcels of land, such that the land area of each of the parcels, when divided
by the number of interests in any such parcel, results in thirty-five or more acres per
interest,
(II) Which could be created by any court in this state pursuant to the law of eminent domain,
or by operation of law, or by order of any court in this state if the Board of the county in
which the property is situated is given timely notice of any such pending action by the court
and given opportunity to join as a party in interest in such proceeding for the purpose of
raising the issue of evasion prior to entry of the court order, and, if the board does not file
an appropriate pleading, Within twenty days after receipt of such notice by the court, then
such action may proceed before the court,
(III) Which is created by a lien, mortgage, deed of trust, or any other security instruments,
(IV) - Which is created by a security or unit of interest in any investment trust regulated under the
laws of this state or any other interest in an investment entity,
(V) Which creates cemetery lots,
(VI) Which creates an interest in oil, gas, minerals, or water which is severed from the,surface
ownership of real property,
(VII) Which is created by the acquisition of an Interest in land in the name of a husband and wife
or other persons in joint tenancy or as tenants in common, and any such interest shall be
deemed as only one interest,
(VIII) Which is created by the combination of contiguous parcels of land into one larger parcel
If the resulting parcel is less than thirty-five acres in land area, only one interest in said land
shall be allowed If the resulting parcel is greater than thirty-five acres in land area, such
land area, divided by the number of interests in the resulting parcel, must result in thirty-five
or more acres per interest Easements and rights -of -way shall not be considered interests,
(IX) Which is created by a contract concerning the sale of land which is contingent upon the
purchaser's obtaining approval to subdivide, pursuant to this article and any applicable
county regulations, the land which his is to acquire pursuant to the contract, and
(X) Created by agreement to resolve uncertainty, doubt, or conflict regarding a common
boundary A boundary may be determined and permanently established by written
agreement of all parties affected The agreement must be signed and acknowledged by
each property owner as required for conveyance of real estate The agreement must be
accompanied by a plat showing the resolution of the boundary in question The plat and
agreement shall be recorded as an instrument affecting real estate, and shall be binding
upon heirs, successors, and assigns
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The Board may, pursuant to rules and regulations or Ordinance, exempt from this definition of the
terms "subdivision" and "subdivided land" any division of land if it determines that such division is not
within the purposes of this definition
2 20
221 "U"
Urban Scale Development - Developments exceeding 5 lots and/or located in close proximity to
existing PUD's, subdivisions, municipal boundaries, or urban growth corridors and boundaries All
urban scale developments shall pave the internal road systems of the development
2 22 "V"
Vested Property Right - The right to undertake and complete the development and use of property
under the terms and conditions of a site specific development plan
2 23 "W'
2 24 "X"
2 25 "Y"
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SECTION 3 MAJOR SUBDIVISION AND MINOR SUBDIVISION PROCESS
Major Subdivision Process
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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 hearing before the Board of County
Commissioners After a complete application is received, the preliminary plan review should be
completed within sixty (60) days The planner should be consulted for the correct application fee
The preliminary plan is explained in Section 6 of this Ordinance
3 4 The fourth step is the final plat submittal process The Clerk to the Board schedules a hearing 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
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SECTION 4 MINOR SUBDIVISIONS
4 1 The minor subdivision procedure is a process for development and review of subdivisions proposing
a maximum of 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
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4 1 1 The minor subdivision process shall not be used to further subdivide lots previously
approved as isubdivision The minor subdivision process shall not be used to resubdivide
or change any lot which is part of an approved or recorded subdivision plat or any map or
plan filed in the records of the Weld County Clerk and Recorder prior to the adoption of this
Ordinance controlling subdivisions The resubdivision requirements shall be followed when
proposing other changes to a recorded minor subdivision final plat
4 1 2 The minor subdivision process shall not be used to circumvent this 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
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4 2 9 A report identifying the geologic characteristics in the area of the proposed minor
subdivision The report shall indicate if the proposed minor subdivision will be affected by
any geologic characteristics An application for a minor subdivision shall include a soils and
geological investigation report identifying the suitability of the area for the proposed
subdivision The report shall be prepared by a professional engineer or geologist A copy
of the report will be reviewed by the Department of Natural Resources, Colorado
Geological Survey The Colorado Geological Survey charges a separate review fee This
review fee must be paid upon submittal of a minor subdivision application
4 2 10 A statement indicating if a potential radiation hazard exists in the area of the proposed
minor subdivision
4 2 11 A Minor Subdivision Sketch Plan vicinity map shall be drawn at a scale of one -inch equals
six hundred feet (1" = 600'), unless otherwise approved by the planner, composed of one
or more sheets with an outer dimension of twenty-four by thirty-six inches (24" x 36")
showing the following items
4 2 11 1 The location of the proposed minor subdivision and its property boundaries
4 2 11 2 The existing street and highway systems within five hundred (500) feet of
the boundaries of the proposed minor subdivision
4 2 11 3 All unimproved or proposed public rights -of -way within five hundred (500)
feet of the boundaries of the proposed minor subdivision
4 2 11 4 All public sewer, water, and storm drainage systems within five hundred
(500) feet of the proposed minor subdivision
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
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
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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
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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
4331'
4332
4333
Compliance with the Weld County Comprehensive Plan, this Ordinance, the
zone district in -which the proposed use is located, and any adopted
intergovernmental agreements, or master plans of affected municipalities
Comments received from referral agencies
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
13 173-E October 6, 1997
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 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, but shall not be limited
to the following evidence of ownership or use of existing water rights, historic use and
estimated yield of claimed water rights, amenability of existing rights to a change in use,
evidence that a public water supply is available The amount of water available for use
within the minor subdivision and feasibility of extending services shall be identified, and
evidence concerning potability of the water supply for the proposed minor subdivision If
water is to be supplied by a water district, municipality, or other agency, a copy of a
contract, or some tangible guarantee, shall be submitted
4 5 10 A description of the proposed sewage disposal system The description shall include an
estimate of the total number of gallons per day of sewage to be treated by public sewer or
the suitability of another means of disposal if public sewer is not required A copy of a
contractor 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
14 173-E October 6, 1997
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
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
4 5 21 3 The minor subdivision final plat submitted shall contain the original
signatures and seals of all parties required If a photo mylar copy or diazo
sensitized mylar copy is submitted, the original signatures and seals must
be contained thereon _
15
173-E October 6, 1997
4 5 21 4 If a minor subdivision requires more than two (2) sheets, a map showing
the relationship of the individual sheets shall be required
4 5 21 5 All work shall comply with the requirements of C R S 38-50-101, 38-51-101,
38-51-102, 38-53-103, and 38-53-104
4 5 21 6 All work shall comply with the requirements of the "Bylaws and Rules of
Procedure of the State Board of Registration for Professional Engineers and
Professional Land Surveyors" and "Rules of Professional Conduct of the
State Board of Registration for Professional Engineers and Professional
Land Surveyors -Board Policy Statements "
45217
45218
45219
4521 10
4521 11
4521 12
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)
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
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 "
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
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
Lots shall be numbered consecutively Bearings and lengths shall be given
for all lot lines, except for interior lot lines where the bearings and lengths
are the same as both end lot lines All dimensions of irregularly shaped lots
shall be indicated All lot lines intersecting a curve shall state if they are
radial or non -radial lines Lengths shall be shown to hundredths of a foot
and angular dimensions and bearings to seconds of arc
4 5 21 13 The area of each lot shall be shown in acres
4 5 21 14 Curved boundaries and all curves on the final plat shall include the radius
of curve, central angle, chord distance, and bearing
16 173-E October 6, 1997
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4 5 21 15 Any parcel that is excepted from the minor subdivision shall be marked, "not
included in this minor subdivision "-The boundaries of an excepted parcel
shall be identified by bearings and distances
4 5 21 16 All streets shall be designated and identified by bearings and dimensions
All street names shall be shown
4 5 21 17 All easements that are not parallel to a lot line shall be designated and'
identified by bearings and dimensions
4 5 21 18 The location of easements along lot lines for water, sewer, electric, gas,
telephone, and any other utilities within the proposed minor subdivision
Utility easements shall be designed to meet Weld County Subdivision
Ordinance requirements
452119
4 5 21 20
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o
All land within the boundaries of the minor subdivision shall be accounted
for either as lots, easements, rights -of -way, private street, or public area
The following certificates and seals shall be placed on the minor subdivision
final plat Provision shall be made for all seals to be placed approximately
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 laid out,
platted, and subdivided the same into lots, as shown on this plat, under the
name and style of ' and do hereby dedicate to the public, school
district, owners and future owners of this minor subdivision all ways, public
rights -of -way, easements, parks and open space, and other public rights -of -
way and easements for purposes shown hereon
Executed this day of A D , 19 _
(Owner, Mortgagee, or Lienholder)
State of Colorado
ss
County of Weld
The foregoing dedication was acknowledged before me this day of
,19 _
My commission expires
_ Notary Public
Witness my hand and seal
17 173-E October 6, 1997
4 5 21 20 2 Surveying Certificate
I, , a Registered Professional Land
Surveyor in the State of Colorado do hereby certify that the survey
represented by this plat was made under my personal supervision and
checking I further certify that the survey and this plat complies with all
applicable rules, regulations, and laws of the State of Colorado, State Board
of Registration For Professional Engineers and Professional Land
Surveyors, and Weld County
By
Registered Land Surveyor Date
4 5 21 20 3 Certificate of Approval by the County Commissioners
This plat is approved by the Board of County Commissioners of Weld
County, State of Colorado Approval of this plat does not constitute
acceptance of the roads and rights -of -way for maintenance by Weld County
The construction, maintenance, snow removal, and all other matters
pertaining to or affecting the roads and rights -of -way are the sole
responsibility of the land owners within the minor subdivision
Witness my hand and the corporate seal of Weld County this day of
,AD, 19_
Chairman, Board of County Commissioners
ATTEST
Weld County Clerk to the Board
By Dated
Deputy Clerk to the Board
4 5 22 An erosion control plan, if required as a result of a minor subdivision sketch plan
requirement
4 5 23 Minor Subdivision road plans A complete estimate of costs shall accompany the road
plan All road plan information shall be complete and sufficient for review by the County
Engineer
4 5 24 A certificate from the County Treasurer showing no delinquent taxes for the minor
subdivision final plat area
4 5 25 A title commitment or a title opinion covering all public dedications
4 5 26 A warranty deed, if required, deeding to the appropriate entity any lands to be used for the
benefit of the public or owners and future owners of the minor subdivision
18 173-E October 6, 1997
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4 6 Minor Subdivision Final Plat Processing and Review Procedure The planner shall be responsible
for processing all minor_subdivision final plat applications in the unincorporated areas of Weld County
The planner shall also have the responsibility of ensuring all application submittal requirements are
met priorrto processing the application Once a complete application is submitted
4 6 1 The planner shall schedule a Planning Commission meeting date not more than forty-five
(45) days after the complete application has been submitted unless the applicant agrees
or requests a hearing date more than forty-five (45) days after submittal
4 6 2 The planner shall schedule a hearing before the Utilities Advisory Coordinating Committee
This hearing shall be held prior to the Planning Commission meeting
4 6 3 The planner shall give notice of the application for a minor subdivision final plat and the
Planning Commission public meeting 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 meeting date to those persons listed in the application as
owners and lessees of the mineral estate on or under the parcel under consideration Such
notification shall be mailed, first class, not less than ten (10) days before the scheduled
public hearing
4 6 5 The planner shall post a sign on the property under consideration for a minor subdivision
final plat The sign shall be posted adjacent to and visible from a publicly maintained road
right-of-way 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 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
4 6 5 1 The assigned application number.
4 6 5 2 The date, time, and place of the public hearing
4 6 5 3 The phone number and location of the Department of Planning Services
4 6 5 4 The applicant's name
4 6 5 5 The acreage of the parcel under consideration
4 6 5 6 The number of lots requested
4 6 6 The planner shall arrange for legal notice of the Planning Commission meeting 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
19 173-E October 6, 1997
4 6 7 The planner shall Refer the application to referral agencies, when applicable, for review
and comment The agencies shall respond within twenty-one (21) days after the mailing
of the application by the County The failure of any agency to respond within twenty-one
(21) days may be deemed to be a favorable response to the Planning Commission The
reviews and comments solicited by Weld County are intended to provide the County with
information about the proposed minor subdivision The Planning Commission and Board
may consider all such reviews and comments and may solicit additional information if such
information is deemed necessary The reviews and comments submitted by a referral
agency are recommendations to the County The authority and responsibility for making
the decision to approve or deny the request for a minor subdivision rests with the Board
of County Commissioners
4 6 8 The planner shall prepare a recommendation for the Planning Commission addressing all
aspects of the application including
4681
4682
Compliance with the Weld County Comprehensive Plan, this Ordinance, the
zone district in which the proposed use is located, and any adopted
intergovernmental agreements, or master plans of affected municipalities
Comments received from referral agencies
4 6 8 3 Comments received from surrounding property owners and owners and
lessees of the mineral estate
4 6 9 The Planning Commission shall hold a meeting 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 16 have been or will be met The applicant has the
burden of proof to show the standards of Sections 4 6 9 1 through 4 6 9 16 are met The
applicant shall demonstrate
4 6 9 1 Compliance with the Weld County Comprehensive Plan, this Ordinance, the
zone district in which the proposed use is located, and any adopted
intergovernmental agreements, or master plans of affected municipalities
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, 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 to 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,
20 173-E October 6, 1997
46 9 6` That streets within the minor subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic requirements
of the minor subdivision All roads within the minor subdivision shall be a
minimum of eighteen (18) feet in width and shall have a minimum depth of
four (4) inches of gravel base, -
4 6 9 7 That off -site street or highway facilities providing access to the proposed
- minor subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the minor subdivision,
4 6 9 8 That the construction, maintenance, snow removal, and other matters
pertaining to or affecting the road and rights -of -way for the minor subdivision
are the sole responsibility of the land owners within the minor subdivision,
4 6 9 9 That the minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite,
4 6 9 10 That there will be no on -street parking permitted within the minor subdivision,
46911
46912
That no additional access to a county, state, or federal highway will be
created, -
That the ingress and egress to all lots within the minor subdivision will be to
an internal road circulation system,
4 6 9-13 That facilities providing drainage and stormwater management are
adequate,
4 6 9 14 That the maximum number of lots within the minor subdivision will not
exceed five (5) lots,
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, and
s 46916
The subdivision will not have an undue adverse effect on wildlife and its
habitat, the preservation of agricultural land, and historical sites
4 6 10 The planner shall forward the official recommendation of the Planning Commission and the
information contained in the official record, including the planner's case file, to the Clerk to
the Board within ten (10) days from the Planning Commission meeting
4 6 11 The planner shall notify the Clerk to the Board to schedule a Board hearing date not more
than thirty (30) days after receipt of the Planning Commission recommendation has been
submitted to the Clerk to the Board
4 6 12 The Clerk to the Board shall give notice of the application for a minor subdivision final plat
and the Board's public hearing date to those persons listed in the application as owners of
property located within five -hundred (500) feet of the parcel under consideration The
notification shall be mailed, first class, not less than ten (10) days before the scheduled
public hearing
21 173-E October 6, 1997
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 4lessees 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
4 6 14 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 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
4 6 14 1 The assigned application number
4 6 14 2 The date, time, and place of the public hearing
4 6 14 3 The phone number and location of the Department of Planning Services
4 6 14 4 The applicant's name
4 6 14 5 The acreage of the parcel under consideration
4 6 14 6 The number of lots
4 6 15 The Clerk to the Board shall arrange for legal notice of the Board hearing published in the
newspaper designated by the Board for publication of notices The date of publication shall
be at least ten (10) days prior to the hearing
4 6 16 The Board shall hold a public hearing to consider the application and to take final action
In making a decision on the minor subdivision final plat application, the Board shall
consider the recommendation of the Planning Commission, the facts presented at the
public hearing, the information contained in the official record including the planner's case
file, and whether the applicant has demonstrated that the standards of Sections 4 6 16 1
through 4 6 16 15 have been or will be met The applicant has the burden of proof to show
that the standards of Sections 4 6 16 1 through 4 6 16 15 are met The applicant shall
demonstrate
46161
46162
46163
Compliance with the Weld County Comprehensive Plan, this Ordinance, the
zone district in which the proposed use is located, and any adopted
intergovernmental agreements, or master plans of affected municipalities
That provisions have been made to preserve prime agricultural lands,
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,
22 173-E October 6, 1997
4 6 16 4 That, if a public sewage disposal system is proposed, provision has been
made for the system and, if other methods of sewage disposal are
proposed, evidence that such systems will comply with state and local laws
and regulations which are in effect at the time of submission of the minor
subdivision,
4 6 16 5 That all areas of the_ minor- subdivision which may involve soil or
topographical conditions presenting hazards or requiring special precautions
have been identified by the subdivider and that the proposed uses of these
areas are compatible with such conditions,
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4 6 16 6 That streets within the minor subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic requirements
of the minor subdivision All roadswthin the minor subdivision shall be a
minimum of eighteen (18) feet in width and shall have a minimum depth of
four (4) inches of gravel base,
4 6 16 7 That off -site street or highway facilities providing access to the proposed
minor subdivision are adequate to functional classification, width, and
structural capacity to meet the traffic requirements of the minor subdivision,
4 6 16 8 - That the construction, maintenance, snow removal, and` other matters
pertaining to or affecting the road and rights -of -way for the minor subdivision
-are the sole responsibility of the land owners within the minor subdivision,
,4 6 16 9 That the minor subdivision is not part of or contiguous with a previously
recorded subdivision or unincorporated townsite
4 6 16 10 That there will be no on -street parking permitted within the minor
subdivision,
4 6 16 11- That no additional access to a county, state, or federal highway will be
created, - -
4 6 16 12 That the ingress and egress to all lots within the minor subdivision will be to
an internal road circulation system,
4 6 16 13 That facilities providing drainage and stormwater management are adequate
for the minor subdivision,
4 6 16 14 That the maximum number of lots within the minor subdivision will not
exceed five (5) lots, and
4 6 16 15 That the minor subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and police protection
or other services
23 173-E October 6, 1997
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4 6 17 The Board's final decision will be by resolution A record of such action and a copy of the
resolution will be kept in the files of the Clerk to the Board The planner shall record an
approved minor subdivision final plat and the Board's resolution with the County Clerk and
Recorder'
4 6 1.8 No minor subdivision final plat shall be considered approved and eligible for recording until
the Board has approved a subdivision improvements agreement
4 6 '19 =The subdivision will not have an undue adverse effect on wildlife and its habitat, the
preservation of agricultural land, and historical sites
24
173-E October 6, 1997
1E
SECTION 5 MAJOR SUBDIVISION SKETCH PLAN --`FIRST STEP
5 1 An applicant shall submit a complete sketch plan application with the required number of application
copies and processing fee to the planner The required number of application copies shall be
determined by the planner
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- '5 2 The following completed information and maps are required
5 2 1 A sketch plan application form
5 2 2 A copy of a deed or legal instrument identifying the applicant's interest in the property
under consideration Iran authorized agent signs the application for the fee owner(s), a
power of attorney to the agent from the property owner(s) shall be provided
5 2 3 A description of the type of uses proposed for the subdivision
5 2 4 A description of the type of water system proposed for the subdivision
5 2 5 A description of the type of sewer system proposed for the subdivision
5 2 6 A sketch plan drainage report shall be prepared in compliance with the requirements of
Section 10 11 of this Ordinance =
5 2 7 A description of the width and type of surface of all streets and sidewalks proposed within
the subdivision Street design requirements are referenced in Section 10 of this Ordinance
5 2 8 Any floodplain, geologic hazard, and' airport overlay district areas located within the
proposed subdivision identified in the Weld County Zoning Ordinance
5 2 9 A report identifying the geologic characteristics in the area of the proposed subdivision
The report shall indicate if the proposed subdivision will be affected by any geologic
characteristics An application for a minor subdivision -shall include a soils and geological
investigation report identifying the suitability of the area for the proposed subdivision The
report shall be prepared by a professidnal 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 which must be paid upon
submittal of a minor subdivision application
5 2 10 A statement indicating the existence of a potential radiation hazard in the area of the
proposed subdivision
25 - 173-E October 6, 1997
5 2 11 A sketch plan vicinity map shall be drawn at a scale of one -inch equals six hundred feet (1"
= 600'), unless otherwise approved by the planner, composed of one or more sheets with
an outer dimension of twenty-four by thirty-six inches (24" x 36") showing the following
items
52111
52112
52113
52114
52115
The location of the proposed subdivision and its property boundaries
The existing street and highway systems within five hundred (500) feet of
the boundaries of the proposed subdivision
All unimproved or proposed public rights -of -way within five hundred (500)
feet of the boundaries of the proposed subdivision
All public sewer, water, and storm drainage systems within five hundred
(500) feet of the proposed subdivision
Title, scale, north arrow, and date
5 2 12 A sketch -plan map shall be drawn at a scale of not less than one -inch equals two hundred
feet (1" = 200') Variations from this scale will be acceptable in large acreage subdivisions,
provided the map is clearly legible and approved by"the planner The dimensions of the
sketch plan map shall be twenty-four inches by thirty-six (24" x 36") If a subdivision
requires more than two sheets, a map showing the total subdivision shall also be
submitted at an appropriate scale If multiple sheets are used, a sheet index showing the
relationship of the individual sheets shall be provided The sketch plan map shall include
the following information
52121
52122
52123
52124
52125
52126
Title, scale, north arrow, name of the subdivision, township, range, section,
quarter section, block and lot numbers
The layout of blocks, lots, outlots, roads, accesses, utility easements, and
open space scaled to the nearest foot
Existing topographic contours at ten (10) foot intervals drawn from available
data, such as the United States Geological Survey (USGS) maps
Soil types by boundary, accompanied by a description of the soil type as
prepared by the Soil Conservation Service
Floodplain and geologic hazard areas, existing structures, utility lines,
ditches, streams, lakes, drainage ways, vegetative cover, oil and gas
production facilities, and any other structure or feature located within the
proposed subdivision
Any other information determined to be reasonably necessary by the
Department of Planning Services that will aid in the review of the sketch plan
application
5 3 Sketch plan processing and review procedure
5 3 1 The planner shall be responsible for processing all sketch plan applications in the
unincorporated areas of Weld County The Department shall also have the responsibility
of ensuring all application submittal requirements am met prior to processing the
application Once a complete application is submitted, the Department shall
26 173-E October 6, 1997
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5 3 1 1 Forward a copy of the sketch plan application to appropriate referral
agencies for review, and •
5 3 1 2 Schedule a meeting with the applicant within forty-five (45) days after a
complete application has been submitted The purpose of the meeting will
be to advise the applicant of any problems discovered during the review of
the sketch plan application, discuss comments and issues raised by referral
agencies, and to review the preliminary plan procedures A sketch plan
application shall be completed prior to submitting a preliminary plan
application
5 3 1 3 Major Subdivision Change of Zone -- Second Step, An applicant shall
submit a complete change of zone application following the procedures in
Section 21 of the Weld County Zoning Ordinance After a complete
` application is received, the change of zone process should be completed
within 120 days The planner should be consulted for the correct application
fee
27
173-E October 6, 1997
SECTION 6 MAJOR SUBDIVISION PRELIMINARY PLAN -- THIRD STEP
6 1 An applicant shall submit a complete preliminary plan application with the required number of
application copies and application fee to the planner The required number of application copies shall
be determined by the planner _
6 2 The following information shall be submitted as part of the preliminary plan application
6 2 1 A preliminary plan application_ form provided by the planner
6 2 2 A copy of a title commitment issued by a title insurance company or a title opinion by an
attorney licensed to practice in the State of Colorado The commitment or opinion shall set ,
forth -the names of all owners of property The commitment or opinion shall include a list
of all mortgages, judgments, liens, easements, contracts, and agreements of record in
Weld County affecting the property described in the application If the attorney's opinion
or title commitment discloses additional holders or owners of such mortgages, judgments,
liens, easements, contracts, or agreements, not party to the application, the Board may
require them to join in and approve it
6 2 2 1 A Certificate from the County Treasurer showing no delinquent taxes for the ,
- preliminary plan area -
6 2_3 On a separate sheet(s) of typing paper, attached to the preliminary plan application form,
the following information is required
6 2 3 1 -A description of the 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 number of lots proposed
6 2 3 4 A description of the subdivision circulation,system including road width, type
and depth of road base and surface, width and depth of borrow ditches,
curb an'd gutter, valley pan, and vehicle parking arrangement The
circulation system shall include a description of any sidewalks, bikepaths,
or trails
6 2 3 5 A statement describing the ownership, function, and maintenance of any
school site, open space, or park within the proposed subdivision
6 2 3 6 A description of the proposed water system accompanied by an estimate of
the total gallons of water per day required for domestic use and emergency
fire protection.
6 2 3 7 > A water supply resource report The report will contain written evidence that
adequate water service in terms of quality, quantity and dependability is
available for the type of subdivision proposed Such evidence may include,
but shall not be limited to the following Evidence of ownership or use of
existing and proposed water rights, historic use and estimated yield of
claimed water rights, amenability of existing rights to a change in use,
evidence that public or private water supply is available The amount of
28 173-E October 6, 1997
water available for use within the subdivision and the feasibility of extending
services shall be identified and evidence concerning potability of the water
supply for the proposed subdivision
6 2 3 8 A description of the proposed sewer system The description shall include
an estimate 'of the composition of the sewage in terms of the average
pounds of biochemical oxygen demand per day and total number of gallons
per day of sewage to be treated by public sewer or the suitability of another
means of disposal, if public sewer is not required by the Weld County
Zoning Ordinance
6 2 3 9 The proposed method of financing with an estimate of the infrastructure
construction costs related to the proposed subdivision Cost estimates shall
include, but not be limited to the following
6 2 3 9 1 Streets and related facilities
6 2 3 9 2 Water distribution systems
6 2 3 9 3 Storm drainage facilities
6 2 3 9 4 ,` Sewage collection systems
6 2 3 9 5 Other utilities and infrastructure as may be required
6 2 3 10 A list of all municipal or quasi -municipal entities, public utilities, and water
service providers located within five hundred (500) feet of the proposed
subdivision
6 2 4 A geologic report evaluating and predicting the impact of geologic conditions affecting the
proposed subdivision The report shall also include recommendations for mitigating
impacts affecting the proposed subdivision, if applicable The report shall include a soil
survey of the proposed subdivision and a statement concerning suitability of soils to
support proposed uses The report shall be prepared by a qualified engineer or geologist
and ' include information concerning depth to bedrock, water table level, erosion
characteristics, unstable soils, and any other characteristics noted A copy of the report
will be reviewed by the Department of Natural Resources, Colorado Geological Survey
The Colorado Geological Survey charges a separate review fee which must be paid upon
submittal of the preliminary plan application
6 2 5 A list of any covenants, grants of easement, and restrictions imposed upon any land,
buildings, and structures within the proposed subdivision
6 2 6 A certified list of the names, addresses, and the corresponding parcel identification
numbers assigned by the Weld County Assessor to the owners of property of the surface
estate within five hundred (500) feet of the property, subject to the application The source
of such list shall be from the records of the Weld County Assessor, or an ownership update
from a title or abstract company or attorney derived from such records, or from the records
of the Weld County Clerk and Recorder If the list was assembled from the records of the
Weld County Assessor, the applicant shall certify that such list was assembled within thirty
(30) days of the application submission date
29 173-E October 6, 1997
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6 2 7 A certified list of the names and addresses of mineral owners and lessees of mineral
owners having an interest in the property under consideration The list shall reflect the
names of mineral owners and lessees as they appear on the plats or records in the County ,
Clerk and Recorder's Office and as they appear in the telephone directory or other
directory of general use in the area of the property or on the tax records of the County
6 2 8 Preliminary plan vicinity map requirements
6 2 8 1 The dimensions of the vicinity map shall be twenty-four (24) inches by thirty
(36) inches The scale shall be one inch equals 600 feet, unless otherwise
approved by the planner A poorly drawn or illegible map is sufficient cause
for its rejection
6 2 8 2 The following information shall be shown on the vicinity map
62821
62822
62823
The perimeter outline of the proposed subdivision The
location of all existing and proposed accesses to the
proposed subdivision
The location and name of all roads and highways within five
hundred (500) feet of the perimeter of the proposed
subdivision
The perimeter outline and identification of subdivisions, zone
districts, and any special districts within five hundred (500)
feet of the perimeter of the proposed subdivision
6 2 9 Preliminary plan plat requirements
6 2 9 1 The dimensions of the plat map shall be drawn on a sheet twenty-four (24)
inches by thirty-six (36) inches The preliminary plan shall be drawn at a
scale of one inch equals 200 feet, unless a variation from this scale is
allowed by the planning director or designee due to the size of the proposed
development If a subdivision requires more than two sheets, a map
showing the total subdivision shall also be submitted at an appropriate
scale If multiple sheets are used, a key showing the relationship of the
individual sheets shall be required A poorly drawn or illegible map is
sufficient cause for its rejection
6 2 9 2 The following information shall be shown on the preliminary plan plat map
6 2 9 2 1 The basis of bearings, north arrow, subdivision name, total
acreage, and legal description of the proposed subdivision
6 2 9 22 Lots and blocks shall be numbered consecutively Lot
dimensions shall be scaled to the nearest foot The area of
each lot shall be shown in square, feet, if less than one acre
If lots are greater than one acre, the area shall be shown in
acres
6 2 9 2 3 The street layout for the subdivision All streets shall be
named
30 173-E October 6, 1997
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6 2 9 2 4 The layout of future streets adjacent to the subdivision shall
be shown in a dashed -line
6 2 9 2 5 Contours at ten (10) foot intervals for predominant ground
slopes within the proposed subdivision between level and five
percent (5%) grade Contours at five (5) foot intervals for
predominant ground slopes over five percent (5%) grade
Contours at one (1) foot intervals if the predominant ground
slopes are level Elevations shall be based on National
Geodetic Survey Sea Level data ,
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
62927 A utility service statement block shall appear on the
preliminary plan plat map The block shall identify each utility
company, special district, or municipality intended to service
the subdivision The block shall include
6 2 9 2 7 1 The name of the utility company
6 2 9 2 7 2 A dated signature and statement from the
representative of the utility company
indicating one of the following
6 2 9 2 7 2 1 Service is available
6 2 9 2 7 2 2 Service is available, subject to the following
specific 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 12
and 10 13 of this Ordinance
6 3 Preliminary plan processing and review procedure
6 3 1 , The planner shall be responsible for processing all preliminary plan applications in the
unincorporated areas of Weld County The planner shall also have the responsibility of
ensuring all application submittal requirements are met prior to processing the application
Once a complete application is submitted
6 3 1 1 The planner shall schedule a Planning Commission meeting 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 meeting
31 173-E October 6, 1997
6 3 1 3 The planner shall give notice of the application for a preliminary plan and the
Planning Commission public meeting 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 planner shall give notice of the application for a preliminary plan and the
Planning Commission public meeting date to those persons listed in the
application as owners and lessees of the mineral estate on or under the
parcel under consideration Such notification shall be mailed first class not
less than ten (10) days before the scheduled public hearing -
6 3 1 5 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 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 driveyintersects 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
6 3 1 5 1 The assigned preliminary plan application numbers
6 3 1 5 2 ' The date, time, and place of the public hearing
6 3 1 5 3 The phone number and location of the Department of
Planning Services
6 3.1 5 4 The applicant's name
6 3 1 5 5 The acreage of the parcel under consideration
6 3 1 5 6 The type of request
6 3 1 6 The planner shall arrange for legal notice of the Planning Commission
meeting to be published in the newspaper designated by the Board for
publication of,notices The date of publication shall be at least ten (10) days
prior to the hearing
6 3 1 7 The planner shall refer the application to referral agencies, when applicable,
for review and comment. The agencies shall respond within twenty-one
(21) days after the mailing of the application by the County The failure of
any agency to, respond within twenty-one (21) days may be deemed to be
a favorable response to -the Planning Commission The reviews and
comments solicited by Weld County are intended to provide the County with
information about the proposed preliminary plan The Planning Commission
and Board -may consider all such reviews and comments and may solicit
additional information if such information is deemed necessary The reviews
and comments submitted by a referral agency are recommendations to the
County 'The authority and responsibility for making the decision to' approve
or deny the request for a preliminary plan rests with the Board The
preliminary plan referral agencies include
32 173-E October 6, 1997
63171
The Planning Commission or governing body of any city,
town, or county whose boundaries are within, a three (3) mile
_radius of the parcel under consideration for a preliminary plan .
or if the parcel under consideration for the preliminary plan
falls within an urban growth boundary as defined 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 Public Health and Environment
6 3 1 7 5 Weld County Extension Office
6 3 1 7 6 Colorado Geological Survey
6 3 1 7 7 Colorado Department of Transportation
6 3 1 7 8 Colorado State Division of Wildlife
6 3 1 7 9 Colorado State Engineer, Division of Water Resources
6 3 1 7 10 Colorado State Oil and Gas Conservation Commission
6 3 1 7 11 U S Army Corps of Engineers
6 3 1 7 12 U S Soil Conservation Service
6 3 1 7 13 The appropriate school district
6 3 1 7 14 The appropriate fire district
6 3 1 7 15 Any irrigation ditch company with facilities on or adjacent to
the parcel under consideration
6 3 1 7 16 Any other agencies or individuals whose review the planner,
the Planning Commission, or the Board deems necessary
6 3 1 8 The planner shall prepare a recommendation for use by the Planning
Commission addressing all aspects of the application including
6 3 1 8 1 Conformance to the Weld County Zoning and this Ordinance
for review and approval
6 3 1 8 2 Comments received from referral agencies
6 3 1 8 3 Comments received from surrounding property owners and
owners and lessees of the mineral estate
33 173-E October 6, 1997
6319
The Planning Commission shall hold a meeting to consider the preliminary
plan application The Planning Commission shall provide a
recommendation to the Board concerning the preliminary plan application
The applicant has the burden of proof to show the standards of Section
6 3 1 9 1 through 631912 are met The applicant shall demonstrate the
following
63191
63192
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,
Compliance with the Weld County Comprehensive Plan and
the zone district in which the proposed subdivision is
located
6 3 1 9 3 Comments received from referral agencies have been
addressed, if applicable
63194
63195
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
That, if a public sewage disposal system is proposed,
provision has been made for the system and, if other
methods of sewage disposal are proposed, evidence that
such systems will comply with state and local laws and
regulations which are in effect at the time of submission of
the subdivision
6 3 1 9 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
63197, 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
-63198 That facilities providing drainage and stormwater
management are -adequate
63199
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 -
631910 The subdivision will not cause air pollution violations based
on Colorado Department of Public Health and Environment
standards
34 173-E October 6, 1997
6 3 1 9 11 The subdivision conforms to the subdivision design standards
of Section 10
6 3 1 9 12 The subdivision will not have an undue adverse effect on
wildlife and its habitat, the preservation of agricultural land,
and historical sites
6 3 2 The planner shall forward the official recommendation of the Planning Commission and the
information contained in the official record, including the planner's case file, to the Clerk to
the Board within ten (10) days
6 3 3 The Clerk to Board of County Commissioners shall
6 3 3 1 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
6 3 3 2 Arrange for legal notice of the hearing to be published once in the
newspaper designated by the Board for publication of notices The date of
publication shall be at least ten (10) days prior to the hearing
6 3 3 3 Give notice of the application for a preliminary plan and the public hearing
date to those persons listed in the application as owners of property located
within five -hundred (500) feet of the parcel under consideration The
notification shall be mailed first class not less than ten (10) days before the,
scheduled public hearing
6 3 3 4 Give notice of the application for a preliminary plan and the public hearing
date to those persons listed in the application as owners and lessees of the
mineral estate on or under the parcel under consideration The notification
shall be mailed first class not less than ten (10) days before the scheduled
public hearing
6 3 4 The Board shall hold a public hearing to consider the application and take final action
thereon In making a decision on the preliminary plan application, the Board shall consider
the recommendation of the Planning Commission, the facts presented at the public
hearing, and the information contained in the record, including the planner's case file
The applicant has the burden of proof to show that the standards of 6 3 3 5 1 through
6 3 3 5 12 are met The applicant shall demonstrate the following
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 received from referral agencies have been addressed, if
applicable
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
35 173-E October 6, 1997
6345 That, if a public sewage disposal system is proposed, provision has been
made for the system and, if other methods of sewage disposal are
proposed, evidence that such systems will comply with state and local laws
and regulations which are in effect at the time of submission of the
subdivision
6346 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
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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
6348 That facilities providing drainage and stormwater management are adequate
6349 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
63410
634-11 ,
634-12
63413
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The subdivision will not cause air pollution violations based on Colorado
Department of Public Health and Environment standards
The subdivision conforms to the subdivision design standards of Section 10
The subdivision will not have an undue adverse effect on wildlife and its
habitat, the preservation of agricultural land, and historical sites
The Board of County Commissioners' final decision will be by resolution A
record of such action and a copy of the resolution will be kept in the files of
the Clerk to the Board
36 173-E October 6, 1997
SECTION 7 MAJOR SUBDIVISION FINAL PLAT -- FOURTH STEP
7 1 An applicant shall submit a complete final plat application with the required number of application
copies and application fee to.the planner The required number of application copies shall be
determined by the planner
Preliminary plan approval must be obtained from the Board prior to submitting a final plat A final plat
shall be submitted for approval within one (1) year of the date a preliminary plan has been approved
1 by the Board of County Commissioners No final plat submission shall be accepted after expiration
of the one (1) year period unless an extension of time has been granted by the Board An extension
of time may be granted by the Board upon written request of the subdivider within one (1) year of the
date of approval of the preliminary plan Any plat submitted after expiration of the approval period
without a time extension shall be processed as a new preliminary plan application
The finial plat shall conform to the approved preliminary plan The Board may approve a modified final
plat iflchanges reflect improvements in design or changes have occurred to surrounding land uses
or the environment since the time of the preliminary plan approval
7 2 The following information shall be submitted as part of a final plat application
7 2 1 A final plat application form provided by the planner
7 2 2 A copy of a title commitment issued by a title insurance company or a title opinion by an
attorney licensed to practice in the State of Colorado The commitment or opinion shall set
' forth the names of all owners of property The commitment or opinion shall include a list
of all mortgages, judgments, liens, easements, contracts, and agreements of record in
Weld County affecting the property described in the application If the attorney's opinion
or title commitment discloses additional holders or owners of such mortgages, judgments,
liens, easements, contracts, or agreements, not party to the application, the Board may
require them to join in and approve it The title commitment or opinion shall be completed
within thirty, (30) days prior to the application submission date
7 2 3 On separate sheets attached to the final plat application form, the following information is
required
' 7 2 3 1 - A description of the type of uses proposed for the subdivision
7 2 3 2 A summary of any concerns identified during the preliminary plan application
process with an` explanation of how the concerns will be addressed or -
resolved _
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7 2 3 3 The total number of lots proposed
7 2 3 4 A description of the subdivision circulation system, including sidewalk width,
road width, type and'depth of road surface, curb and gutter, valley pan, or
'width and depth of borrow ditches, and vehicle parking arrangement
7 2 3 5_ ' A statement indicating if on -street parking will be permitted within the
proposed subdivision -
7 2 3 6 A statement describing the ownership, function, and maintenance of any
school site, open space, or park within the proposed subdivision
37 173-E October 6, 1997
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7 2 3 7 If the applicant is to dedicate land for schools, roads, parks, or other public
purposes, a letter of intent from the appropriate public agency stating it will
accept the lands to be dedicated
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
concerning 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 other agency
7 2 3 11 A description of the proposed sewer system The description shall include
an estimate of the total number of gallons per day of sewage to be treated
by public sewer or the suitability of another means of disposal if public sewer
is not required
7 2 3 12 A copy of a contract or other tangible guarantee providing for adequate
sewage treatment by a public sewage treatment agency if public sewage
treatment is required
7 2 3 13 A statement explaining how 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 Li
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
38 173-E October 6, 1997
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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 be at a scale of one (1) inch
equals one -hundred (100) feet (1" = 100')
7 2 6 2 A photo mylar copy or diazo sensitized mylar copy of the original ink
drawing, three (3) millimeters or greater in thickness, may be submitted
7 2 6 3 The final plat submitted shall contain the original signatures and seals of all
parties required If a photo mylar copy or diazo sensitized mylar copy is
submitted, the original signatures and seals must be contained thereon
7 2 6 4 _ If a subdivision requires more than two (2) sheets, a map showing the
relationship of the individual sheets shall be required
7 2 6 5 All work shall comply with the requirements of C R S 38-50-101, 38-51-101,
38-51-102, 38-53-103, and 38-53-104
72 6 6 All work shall comply with the requirements of the "Bylaws and Rules of
Procedure of the State Board of Registration for Professional Engineers and
Professional Land Surveyors" and "Rules of Professional Conduct of the
State Board of Registration for Professional Engineers and Professional
Land Surveyors -Board Policy Statements "
39 173-E October 6, 1997
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7 2 6 7 The subdivision plat shall be referenced to at least two (2) public land
survey monuments of record in accordance with C R S 38-53-102 (7)
7 2 6 8 A signed copy of all Colorado Land Survey Monument Records for indicated
"Aliquot Corners" will be -submitted with the final plat in accordance with
C R S 38-53-102 (2) If an "Aliquot Corner" indicated on the final plat is
substantially as described in an existing record previously filed and in the
appropriate records of the Clerk and Recorder, a copy of that monument
record and a letter of certification stating that it is as described thereon shall
be submitted
7 2 6 9 The surveyor making a plat shall certify on the plat that it conforms with all
applicable rules, regulations, and laws of the State of Colorado, State Board
of Registration for Professional Engineers and Professional Land Surveyors,
and Weld County
7 2 6 10 The surveyor shall affix his/her name, seal and date of certification as
prescribed in the "Bylaws And Rules of Procedure of The State Board of
Registration for Professional Engineers And Professional Land Surveyors"
7 2 7 The final plat map shall include the following information
7 2 7 1 The basis of bearings, north arrow, subdivision, name, date, total acreage,
total number of lots, name and address of the owner(s) of record, legal
description, stated scale, and graphic scale
7 2 7 2 The bearings, distances, and curve data of all perimeter boundary lines shall
be indicated outside the boundary line, not inside, with the lot dimensions
When the plat is bounded by an irregular shore line or, a body of water, the
bearings and distances of a closing meander traverse shall be given and a
notation made that the plat includes all land to the water's edge or
otherwise
7 2 7 3 Lots and blocks shall be numbered consecutively Bearings and lengths
shall be given for all lot lines, except for interior lot lines where the bearings
and lengths are the same as both end lot lines All dimensions of irregularly
shaped lots shall be indicated All lot lines intersecting a curve shall state
if they are radial or non -radial lines Lengths shall be shown to hundredths
of a foot and angular dimensions and bearings to seconds of arc
7 2 7 4 The area of each lot shall be shown in square feet, if less than one acre If
lots are greater than one acre, the area shall be shown in acres
7 2 7 5 Curved boundaries and all curves on the final plat shall include the radius
of curve, central angle, chord distance, and bearing
7 2 7 6 Any parcel that is excepted from the subdivision shall be marked, "not
included in this subdivision" The boundaries of an excepted parcel shall be
identified by bearings and distances
40 173-E October 6, 1997
7277 All streets, walkways, and alleys shall be designated and identified by
bearings and dimensions All street names shall be shown
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7278 All easements that are not parallel to a lot line shall be designated and
identified by bearings and'dimensions
7279 The location of easements along lot lines for water, sewer, electric, gas,
telephone, and any other utilities within the proposed subdivision Utility
easements shall be designed to meet this Ordinance requirements
72710 A utility service statement block shall appear on the final plat map The
block shall identify each utility company, special district, or municipality
intended to provide service to the proposed subdivision The block shall
include
`'" 727101 The name of each utility service company
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A dated signature and statement from the representative of
the utility company indicating one of the following
7271021 Service is available
7271022 Service is available, subject to the following
specific conditions
7271023 Service is not available for the proposed
subdivision
72711 All land within the boundanes of the subdivision shall be accounted for either
as lots, easements, rights -of -way, private street, alley, walkway, trail, or
public area
72712 If a final plat is -revised, a copy of the original final plat shall be provided for
comparison purposes
41
173-E October 6, 1997
7 2 7 13 The final plat or resubdivision plat shall contain the following certificates and
seals Provision shall be made for all seals to be placed approximately 2
inches from the final plat border
7 2 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, as shown on this plat,
under the name and style of and do hereby dedicate to the
Board of County Commissioners, public, school district, owners and future
owners of this subdivision all ways, public rights -of -way, easements, parks
and open space, and other public rights -of -way and easements for purposes
shown hereon
Executed this day of A D , 19_
(Owner, Mortgagee, or Lienholder)
State of Colorado
ss
County of Weld
The foregoing dedication was acknowledged before me this day of
,19
My commission expires
Notary Public
Witness my hand and seal
7 2 7 13 2 Surveying Certificate
1, , 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
42 173-E October 6, 1997
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
,AD, 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 this Ordinance
7 2 9 The following final plat supporting documents shall be submitted as part of a final plat
application
7 2 9 1 An erosion control plan, if required as a result 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
43 173-E October 6, 1997
7 2 10 A certificate from the County Treasurer showing no delinquent taxes for the final plat area LI
7 2 11 A title commitment or a title opinion covering all public dedications
7 2 12 A warranty deed, if required, deeding to the appropriate entity any lands to be used for the
benefit of the public or owners and future owners of this subdivision
7 3 Final plat processing and review procedure ; L
7 3 1 If the final plat application complies with the approved preliminary plan application, the L
planner shall notify the Clerk to the Board to schedule a Board heanng date not more than) L
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 complete application has been
submitted
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 H
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 L.
first class not less than ten (10) days before the scheduled public hearing
7 3 4 The planner shall post a sign on the property under consideration of a major subdivision j
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 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
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 1 ,`
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7 3 4 4 The applicant's name
7 3 4 5 The acreage of the parcel under consideration Li
'7 3 4 6 The type of request
7 3 5 The Clerk to the Board shall arrange for legal notice of the Board hearing published in the
newspaper designated by the Board for publication of notices The date of publication shall
be at least ten (10) days prior to the hearing
44 173-E October 6, 1997
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736 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
7362 Compliance with the Weld County Comprehensive Plan and the zone district
in which the proposed subdivision is located
7363 That comments received from referral agencies have been addressed, if
applicable
7364 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
7365 That, if a public sewage disposal system is proposed, provision has been
made for the system and, if other methods of sewage disposal are
proposed, evidence that such systems will comply with state and local laws
and regulations which are in effect at the time of submission of the
subdivision
7366'
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 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 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 6 9 The subdivision will not cause an unreasonable burden on the ability of local
governments or districts to provide fire and police protection, hospital, solid
waste disposal, and other services
7 3 6 10 The subdivision will not cause air pollution violations based on Colorado
Department of Public Health and Environment standards
7 3 6 11 - The subdivision conforms to the subdivision design standards of 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 consider the
recommendation of the Department of Planning Services, the facts presented at the public
hearing, and the information contained in the official record, including the planner's case
file
45 173-E October 6, 1997
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
the zone 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 water supply that
is sufficient in terms of quantity, dependability and quality to
provide water for the subdivision including fire protection
7 3 7 1 5 That, if a public sewage disposal system is _proposed,
provision has been made for the system and, if other
methods of sewage disposal are proposed, evidence that
such systems will comply with state and local laws and
regulations which are in effect at the time of submission of
the subdivision
7 3 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
7 3 7 1 9 The subdivision will not cause an unreasonable burden on
the ability of local governments or districts to provide fire and
police protection, hospital, solid waste disposal, and other
services
7 3 7 1 10 The subdivision will not cause air pollution violations based
on Colorado Department of Public Health and Environment
standards
7 3 7 1 11 The proposed subdivision conforms to the subdivision design
standards of Section 10
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
46 173-E October 6, 1997
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7 3 8 The Board's final decision will be by resolution A record of such action and a copy of the
resolution will be kept in the files of the Clerk to the Board The planner shall record an
approved final plat and resolution with the County Clerk and Recorder
7 3 9 No final plat shall be considered approved and eligible for recording until the Board has
approved a subdivision improvements agreement
The Board may, without a hearing or compliance with any of the submission, referral, or review
requirements of this ordinance, approve a correction plat if the sole purpose of such correction plat
is to correct one or more technical errors in an approved plat The correction plat shall be consistent
with the approved final plat Section 7 shall be followed when proposing other changes to a recorded
final plat
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4T 173-E October 6, 1997
SECTION 8 RESUBDIVISIONS
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8 1 The resubdivision process is used to propose changes to an approved or recorded subdivision plat,
map, plan, or unincorporated community legally filed .prio'r to adoption of any regulations controlling
subdivisions The resubdivision section decides three procedures for proposing changes to lots, lot
lines, streets, areas reserved for public use; and utility and drainage easements The minor
resubdivision process is described in Section 8 2 The resubdivision process for'changes to lot lines
only is described in Section, 8 3 The resubdivision process for the purpose of redesign, addition of
new lots, or vacation of all or a portion of a subdivision is described in Section 8 4
8 2 The minor resubdivision process permits the vacation of certain roads, streets, or alleys A minor
resubdivision proposal with complex parcel configurations, ownership patterns, or which_ cannot
comply with Section 8 2 1 through 8 2 3 shall be required to use the resubdivision procedure
described in Section 8 4 The minor resubdivision process shall be used when the following
conditions apply
8 2 1 There is right-of-way shown on an approved plat or map that has not been used for its
-intended purpose for the last 21 years or since the recording of the approved plat
8 2 2 Seventy (70) percent of the landowners adjacent to the proposed right-of-way vacation
waive any objection to the vacation by signing a petition
8 2 3 The vacation shall only be permitted when it is compatible with the surrounding area and
uses, is consistent with efficient and orderly development, is consistent with the Weld
County Comprehensive Plan, and does not deprive,any parcel of adequate access to a
public road or street right-of-way
8 2 4 The vacation of any right-of-way may require the reservation of an easement for public
utility or drainage purposes in order,to meet the easement requirements of Section 10 6
8 2 5 - The following information shall be submitted as part of the minor resubdivision application
8 2 5 1 An application form provided by the planner
8 2 5 2 A certified list of the names, addresses, and the corresponding parcel
identification numbers assigned by the Weld County Assessor to the owners
of property adjacent to the road, street, or alley considered for vacation
The list shall be compiled from the records of the Weld County Assessor,
title company, or an attorney If the list was assembled from the records of
the Weld County Assessor, the applicant shall certify the list was assembled
within thirty (30) days of the application submission date
8 2 5 3 A petition signed by seventy (0) percent of the property owners adjacent to
the property under consideration
8 2 5 4 , A written explanation of the application and reason for proposing the right-
of-way vacation
8 2 5 5_ A written statement explaining all lots and parcels adjacent to the proposed
Tight -of -way vacation meet the utility easement standards of Section 10 5 of
this Ordinance
48 173-E October 6, 1997
8 2 5 6 Minor resubdivision map requirements
8 2 5 6 1 The dimensions of the minor resubdivision map shall be
twenty-four (24) inches by thirty-six (36) inches or eighteen
(18) inches by twenty-four (24) inches
8 2 5 6-2 The minor resubdivision map shall be drawn at a suitable
scale The sketch shall include the proposed right-of-way
vacation, the resulting lot configuration, the location and
measurements of all utility easements and drainage features
A poorly drawn or illegible sketch is, sufficient cause for its
rejection
8 2 6 Minor resubdivision review procedure
8 2 6 1 Upon receipt of a complete minor resubdivision application, the planner will
schedule the request before the Board within 30 days In the event a utility
easement is affected, the planner shall schedule the request on the first
available Utilities Coordinating Advisory Committee meeting before
presenting the request to the Board
8 2 6 2 The planner shall give notice of the application for a minor resubdivision and
the meeting date to those persons listed in the application as owners of
property adjacent to the vacation property under consideration The notice
shall be mailed, first class, not less than ten (10) days before the scheduled
meeting
8 2 6 3 A recommendation for the application shall be prepared by the planner The
recommendation shall address all aspects of the application including its
conformance to Section 8 2 1 through 8 2 4 of this Ordinance
8 2 6 4 The Board shall consider all aspects of the application, including its
conformance to Sections 8 2 1 through 8 2 4, and the recommendation from
the planner If the Board approves the request, a copy of the application
and sketch shall be kept on file with the Clerk to the Board The Board's
resolution and minor resubdivision map shall be recorded in the office of the
Weld County Clerk and Recorder
8 3 Resubdivision process for changes to lot lines only This process is not to be used for lot line
changes that create additional lots, affect existing road rights -of -way, or affect approved subdivision
drainage easements
8 3 1 The following information shall be submitted as part of the resubdivision process for lot
lines only
8 3 1 1 An application form provided by the planner
8 3 1 2 A copy of a deed or legal instrument identifying the applicant's interest in the
property under consideration If an authorized agent signs the application
for the fee owner(s), a letter granting power of attorney to the agent from the
property owner(s) shall be provided
49 173-E October 6, 1997
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A letter explaining the lot line revision request and how the revision complies
with the approved final plat The letter -shall also address how the lot line
revision complies with the adopted rules, regulations, and ordinances
currently in force and affecting the subdivision
8 3 1 4 A copy of the approved recorded' plat showing the property under
consideration for the resubdivision
8 3 1 5 A resubdivision plat map The resubdivision plat 'map shall be prepared in
accordance with Section 7 2 6 through 7 2 11 of this ordinance, except it
shall show only the property under consideration for the resubdivision If a
utility easement is affected by a lot line revision, the easement shall be
shown on the resubdivision plat map in accordance with this ordinance
8 3 2 Review procedures for resubdivisions, lot lines only
8 3 2 1 Upon receipt of a complete resubdivision application, the planner will
schedule the request before the Board within 30 days
8 3 2 2 In the event a utility easement is affected, the planner shall schedule the
resubdivision request on the first available Utilities Coordinating Advisory
Committee meeting before presenting the request to the Board
The planner shall prepare a recommendation for use by the Board The
recommendation shall address
8 3 2 3 1 How the lot line revision complies with the approved recorded
final plat
83232 How the application ,complies with the adopted rules,
regulations, and ordinances currently in force and affecting
the subdivision
8 3 2 4 The Board shall review the request and the staff recommendation and make
a decision on the resubdivision In making a decision, the Board shall
consider if the resubdivision request complies with the approved final plat
and if it complies to the adopted rules, regulations, and resolutions currently
in force and affecting the subdivision If the Board determines the request -
complies with the applicable requirements, it shall endorse the resubdivision
plat as provided in Section 7 3 8 of this Ordinance
8 4 Resubdivision process for the purpose of redesign, addition of new lots, or vacation of all or portions
of a subdivision shall follow the -submittal requirements -provided in Section 7 The planner shall also
refer the, application to appropriate referral agencies and notify the Clerk to the Board to schedule a
Board hearing date not more than sixty (60) days after the complete application has been submitted
The resubdivision utility map and plat shall show only the property under consideration for the
resubdivision If an application -requirement is not applicable to the proposed resubdivision, it may
be waived by the planner
8 4 1 In addition to the requirements of Section 7, the following application information shall be
submitted
50 173-E October 6, 1997
8 4 1 1 A resubdivision application form provided by the planner Th.s replaces the
final plat application form
8 4 1 2 A letter explaining the resubdivision request The letter shall explain how
the proposed resubdivision complies with the approved final plat The letter
shall also explain how the resubdivision complies with the adopted rules,
regulations, and ordinances currently in force and affecting the subdivision
8 4 1 3 A copy of the recorded final plat
8 4 1 4 All public easements or rights -of -way proposed to be vacated shall be
identified and shown in hatch line form, on the resubdivision plat to be
recorded A legal description shall also be provided for any public easement
or right-of-way not parallel to a lot line,
842 A resubdivision application shall be processed and reviewed by the planner and Board in
accordance with Sections 73 through 74 of this Ordinance
843 No lot or parcel shall be created that is less than the minimum lot size standards set forth
in Section 10 5 of this Ordinance
844 Drainage easements or rights -of -way designed to accept drainage shall not be changed
unless supported by a drainage plan and complete engineering data for the affected
subdivision
85 The ,Board may, without a hearing or compliance with any of the submission, referral, or review
requirements of this Ordinance, approve a correction plat if the sole purpose of such correction pldt
is to correct one or more technical errors in an approved plat The correction plat shall be consistent
with the approved resubdivision plat
51 173-E October 6, 1997
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SECTION 9 CONFORMANCE WITH EXISTING COUNTY LAND USE REGULATIONS
9 1 Land being subdivided shall conform with the Comprehensive Plan, Zoning Ordinance, and other
ordinances, resolutions; and regulations in effect in the County All plans of streets or highways for
public use, and all plans, plats, plots, and replats of land laid out in subdivision or building lots, and
the streets, highways, alleys, or other portions of the same intended to be dedicated to public use or
the use of purchasers or owners of lots fronting thereon -or adjacent thereto, shall be submitted to the
proper Board for review and subsequent approval, conditional approval, or disapproval
, - 9 2 Acceptance of dedication of proposed streets, street rights -of -way, or public land in an approved plat,
can be made only by the Board The approval of a plat shall not be deemed as acceptance of
dedicated streets or public lands for maintenance The dedication of any of these lands for public use
of any nature withimWeld County "shall be accepted by the Board only by specific action
9 3 The Board shall have the power to bring an action to enjoin any subdivider from selling, agreeing to
sell, or offering to sell subdivided land before a Final Plat for such'subdivided land has been approved
by the Board as provided in Section 30-28-110(4), CRS
, 9 4 The subdivider, applicant, or owner shall submit a subdivision improvements agreement agreeing to
construct the required improvements as shown in the application, plans, plat, and other supporting
documents The agreement shall be made in conformance with the Weld County policy on collateral
for improvements The agreement shall be approved by the Board prior to recording the final plat or
resubdivision plat, if applicable
9 5 If the subdivision is located in a planned drainage basin pursuant with Section 30-28-106(3)(d), CRS,
the subdivider, applicant, or owner may be responsible for an equitable contribution of the total costs
of the drainage basin facilities 'The contribution of a subdivision may be calculated on a per acre
' basis and secured in accordance with the Weld County Policy 'on Collateral for Improvements
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52 173-E October 6, 1997
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 hazardous conditions such as landslides, mud flows,
rockfalls, snowdrifts, possible mine subsidence, shallow water table, open
quarries,_ foods, and polluted or nonpotable water supply shall be identified
and shall not be subdivided until the hazards have been eliminated or will be
eliminated'by the subdivision and construction plans
10 1 1 3 Provision shall be made to preserve groves of trees, streams, unusually
attractive topography,rand other desirable natural landscape features
10 1 1 4 A subdivision shall be designed in such manner as to be coordinated with
adjoining subdivisions with respect to the alignment of street rights -of -way,
utility and drainage easements, and open spaces
101 1 5 All subdivision designs shall 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 planned streets,
topographic conditions, public convenience and safety, and in relation to the
proposed use of land to be served Streets shall be extended to the
boundaries of each building site, except where such extension is prevented
by topography, other physical conditions, or where the connection of streets
with existing or probable future streets is deemed unnecessary for the
advantageous development of adjacent properties` All building sites shall
have access to a public street
10 2 1 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 be
subject to approval by the Board
53 173-E October 6, 1997-
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10 2 1 5 Alleys -- Service access to the interior of blocks may be permitted upon
approval of the Board
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
10 2 1 7 2 Collector
10 2 1 7 3 Arterial
60 feet
80 feet
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 with an average daily traffic
count greater than 1,250 vehicles is determined on an individual project
basis
10 2 1 10 Improvements to the state highway system are determined by the Colorado
Department of Transportation
10 2 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 11 2 The subdivider obtains for the County a dedication from the
abutting landowner of the other one-half of the street
10 2 1 11 3 The subdivider obtains from the abutting landowner,
municipality, or County, an agreement in a form satisfactory
to the Board which guarantees the cost of the improvements
and construction of the same on the half street within a time -
suitable to the Board
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
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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 centerline of the third
shall be offset at least three hundred (300) feet and subject to approval of
the Board This requirement shall not apply to the alignment of opposing
cul-de-sac streets
10 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 of street
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, 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 published by 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 service
roads - _
10 2 7 Railroad Right -of -Way -- Where a subdivision borders a railroad right-of-way, arterial, or
collector street, a landscaped buffer area of not less than twenty (20) feet may be required
for adequate reduction of noise pollution
10 3 Sidewalks. Curbs, and Gutters -- Sidewalks shall be constructed within a subdivision where required
by the Board Sidewalks shall be a minimum four (4) feet in width Curbs and gutters shall be
constructed as required by resolution of the Board
55 173-E October 6, 1997
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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 be provided through blocks or lots where needed
for adequate pedestnan circulation Improved walks of not less than four (4) feet in width
shall be placed within the pedestrian rights -of -way
10 4 Block Standard --The length, width and shape of a 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
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 No single 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 lot shall 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
56 173-E October 6, 1997
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 may be required Public utility installations shall be located to permit
multiple installations within the easements to avoid cross connections, minimize trenching,
and adequately separate incompatible systems '
10 7 Sanitary Sewage Disposal Requirements
10 7 1 The proposed subdivision shall comply with the sanitary sewage disposal requirements of
the underlying zone district Plans for the proposed subdivision shall be referred to the
Weld County Health Department for review The Health Department may require the
applicant to submit additional engineering or geological reports or data and to conduct a
study of the economic feasibility of the sewage treatment work prior to making a
recommendation No sewage disposal system plan shall receive the approval of the Board
-unless the Health Department has made a favorable recommendation Appeal of an
unfavorable Health Department recommendation shall be in accordance with the
procedures set out in Section 3 11 of the Weld County Individual Sewage Disposal
Regulations
10 8 Water Supply -- Water -supply systems shall be provided consistent with the standards of the
requirements of this Ordinance and the underlying zone district
10 8 1 Public Water Supply 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 irs proposed, the applicant shall provide
a certified letter from the State Engineer stating that proper water rights
have been acquired, or a proper nontnbutary 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 outlets of sufficient
size and number to furnish an adequate water supply for each lot in the
subdivision
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
57 173-E October 6, 1997
10 8 2 2 Where water supply systems are proposed for individual lots, a geologic
report shall be submitted and shall contain a specific section on ground
water geology prepared by a qualified ground water geologist or engineer
stating the following
10 8 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
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 Any expected significant problems of a long-term supply,
including but not limited to, pollution or long-term
maintenance of such wells or systems
10 8 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 subdivision application shall be referred to the applicable fire district for
review and recommendation regarding minimum fire protection requirements The planner,
'Planning Commission, and Board shall consider the recommendation of the fire district
10 10 Irrigation Ditch Requirements
10 10 1 An existing irrigation ditch may be incorporated within the design of the proposed
subdivision The function of the irrigation ditch shall not be impaired The proposed
subdivision application shall be referred to the applicable ditch company for review and
recommendation regarding minimum requirements for protecting the ditch The planner,
Planning Commission, and Board shall consider the recommendation of the ditch company
10 11 Sketch Plan Storm Drainage Requirements
10 11 1 A sketch plan drainage report shall be submitted with the sketch plan application submittal
The sketch plan drainage report shall be prepared by a registered professional engineer
licensed in Colorado The report shall be properly certified and signed by such engineer
10 11 2 The purpose of the sketch plan drainage report is to identify and define conceptual
solutions to existing problems or problems that will occur on -site and off -site as a result of
the proposed subdivision
10 11 3 The sketch plan drainage report shall be in accordance with the following outline and
contain the applicable information listed Failure to comply with the provisions of this
section may result in the report being rejected for review
58 173-E October 6, 1997
1011 31 The general legal description for the proposed subdivision shall be
described ,
10 11 3 2 The general location of the proposed subdivision with respect to adjacent
public or private roads shall be described
10 11 3 3 The names of any developments,within 1/2 mile surrounding the proposed
subdivision shall be described
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10 11 3 4 A general description of the proposed subdivision property including
10 11 3 4 1 Area in acres
10 11 3 4 2 Ground cover (type of trees, shrubs, vegetation)
10 11 3 4 3 General topography
10 11 3 4 4 General soil conditions
10 11 3 4 5 Irrigation ditches or laterals
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
10 11 3 6 The _drainage facility design concept and details for the proposed
subdivision, including
10 11 3 6 1 A discussion of compliance with off -site runoff considerations
10 11 3 6 2 A discussion of anticipated and proposed drainage patterns "
10 11 3 6 3 A discussion of the content of tables, charts, figures, plates
or drawings presented in the report
59 173-E October 6, 1997
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10 11 3 7
10 11 3 8
10 11 3 6 4 A presentation of existing and proposed hydrologic conditions
with approximate flow rates entering and exiting the proposed
subdivision with all necessary preliminary calculations
10 11 3 6 5 A presentation of approach to accommodate drainage
impacts or existing or proposed improvements and facilities
10 11 3 6 6 A presentation of proposed drainage facilities with respect to
alignment, material, and structure type
10 11 3 6 7 A discussion of maintenance access and any other aspect of
the preliminary design
All criteria, master plans, and technical information used in support of the
drainage facility design concept shall be referenced
A general location map shall be provided in sufficient detail to depict general
drainage patterns and identify drainage flows entering and leaving the
proposed subdivision The map shall be at a scale of 1 inch equals 1000
feet to 1 inch equals 8000 feet The map shall identify any major
construction (e g, development, irrigation ditches, existing detention
facilities, culverts, and storm sewers) that shall influence or be influenced by
the proposed subdivision
10 11 3 9 A drainage plan map of the proposed subdivision at a scale of 1 inch equals
20 feet to 1 inch equals 200 feet may be included to better identify existing
and proposed conditions on or adjacent to the proposed subdivision
10 12 Storm Drainage Requirements
10 12 1 The purpose of the drainage report is to update the concepts and to present the design
details for the drainage facilities presented in the sketch plan drainage report
10 12 1 1 The drainage report shall be submitted with the preliminary plan and final
plat application submittals The drainage report shall be prepared by a
registered professional engineer licensed in Colorado The report shall be
properly certified and signed by such engineer
10 12 1 2 , The drainage report shall contain all components of the sketch plan
drainage report plus additional necessary information relating to design of
specific facilities associated with the proposed subdivision Such additional
information shall include the following
10 12 1 2 1 All criteria, master plans, and technical information used for
report preparation and design shall be referenced
10 12 1 22
A discussion of previous drainage studies (i e , sketch plan
drainage report, project master plans) for the proposed
subdivision in question that influence or are influenced by the
drainage design and how the previous studies will affect
drainage design for the site.
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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 The drainage facility design concept and details 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, plats, or drawings
presented in the report
10 12 2 4 A discussion of detention storage and outlet design when applicable
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 flows entering and leaving the proposed subdivision The
map scale shall be 1 inch equals 1000 feet to 1 inch equals 8000 feet The map shall
identify any major construction (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 drainage plan map of the proposed subdivision at a scale from one inch equals 20 feet
to one inch equals 200Ifeet shall be included The drainage plan map shall show the
following ,l
,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 locations
shall also be included
10 12 4 5 Overall drainage area boundary and drainage sub -area boundaries relating
to, the proposed subdivision
10 12 4 6 Proposed type of street flow (i e , vertical or ramp curb and gutter), roadside
ditch, gutter flow directions, and cross pans
61 173-E October 6, 1997
10 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 flows 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 4 10 Path(s) chosen for computation of time concentration
10 12 4 11 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
10 13 Storm Drainage 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 as part of
the submittal information Weld County, does not publish technical data or storm drainage
design manuals
10 13 2 All subdivision plats shall include an adequate storm drainage system design before any
such plat is recorded
10 13 3 The design and operation of a proposed subdivision shall ensure the following
101331
Historical flow patterns and runoff amounts will be maintained in such a
manner that will reasonably preserve the natural character of the area and
prevent property damage of the type generally attributed to runoff rate and
` velocity increases, diversions, concentration and/or unplanned ponding of
storm runoff
10 13 3 2 Runoff volumes and peaks within the proposed subdivision site and in areas
affected by runoff will not exceed the runoff levels attributable to the site in
its natural state
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10 13 3 3 The development will not impede the flow of natural water courses
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10 13 3 4 All low points within the proposed subdivision site are ensured adequate Li
drainage
10 13 3 5 Any drainage system proposed as part of any subdivision proposal is based
on -consideration of the drainage basin as a whoEe 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 Li
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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
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 Design Storm Period
Residential
Open Space
Commercial
Public Buildings
Industrial
Road Crossings Conducting Drainage
Local Road
Collector Road
Arterial Road
5 years
5 years
10 years
10 years
10 years
10 years
25 years
50 years
Natural Drainage '25 years
910 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 Id exceed the quantity
and rate of a 5 -year storm falling on the undeveloped site
10 14 Airport Overlay District Requirements If a subdivision or portion of a proposed subdivision is located
in an airport overlay district area, all applicable regulations of the Weld -County Zoning Ordinance shall
be met
10 15 Flood Hazard Overlay District Requirements If a subdivision or portion of a proposed subdivision is
located in a flood hazard overlay district area, all applicable regulations of the Weld County Zoning
Ordinance shall be met
10 16 Geologic Hazard Overlay District Reouirements If a subdivision or portion of a proposed subdivision
is located in a geologic hazard overlay district area, all applicable regulations of the Weld County
Zoning Ordinance shall be met
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10 17 Planned Unit Development Overlay District Requirements If a subdivision or portion of a proposed L i
subdivision is located in a planned unit development overlay district area, all applicable regulations of the Weld County Zoning Ordinance shall be met f
10 18 Public Sites and Open Spaces
10 18 1 The Board of County Commissioners may require the dedication, development, or
reservation of parcels within a subdivision or PUD plan for parks, greenbelts, or other
necessary public purposes The type of use, lot size, and residential density shall be
considered when determining parcels for necessary public purposes
10 18 1 1 The required acreage as may be determined according to Section 10 18 of
this Ordinance shall be dedicated to a public agency for one or more
essential public purposes Any area so dedicated shall be approved by the
proper public agency and shall be maintained by the public agency
10 18 1 2 The required acreage as determined according to Section 10 18 of this
Ordinance may be reserved through deed restrictions as open area, the
maintenance of which shall be ensured by specific obligations in the deed
of each lot within the subdivision
10 18 1 3 In lieu of land, there may be required a payment to the County in an amount
equal to the market value of the required acreage at the time of final plat
submission of the required acreage as determined according to Section
10 18 Such value shall be determined by a competent land appraiser
chosen jointly by the Board and the subdivider The amount collected shall
be deposited in an escrow account to be expended for parks at a later date
10 18 1 4 The amount of land that may be required for public dedication, reservation,'
or as a measure of money to be paid in lieu of such dedication or
reservation, shall be determined as follows
10 18 1 4 1 For residential subdivisions, the required acreage shall equal the expected
population multiplied by 10 5 and divided by 1000
10 18 1 4 2 Expected population shall be determined by multiplying the total number of
units proposed for the subdivision by the average number of inhabitants per
unit in existing subdivisions of a similar character or by using U S Census
population per household statistics
10 19 School District Requirements -- A residential subdivision application shall be referred to the applicable
school district for review and recommendation regarding school district requirements The
Department of Planning Services, Planning Commission, and Board of County Commissioners shall
consider the recommendation of the school district
10 20 Underground Utilities
10 20 1 All electric and communication utility lines and services and all street lighting circuits shall
be installed underground, except for the following
10 20 1 1
Transformers, switching boxes, terminal boxes, meter cabinets, pedestals,
ducts and other facilities necessarily appurtenant to,such underground and
street lighting facilities
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64 173-E October 6, 1997 ��
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 It shall not be necessary to remove or replace existing utility facilities used
or useful in serving the subdivision
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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
65 173-E October 6, 1997
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SECTION 11 RULES AND REGULATIONS FOR EXEMPTIONS
11 1 Exemption from Definition of Subdivision or Subdivided Land
11 1 1 The Board hereby determines that land divisions which_ meet the requirements for
exemption in this Section 11 are not within the purposes of Article 28 of Title 30 of CRS as
amended, Pursuant to subsection (1'0)(d) of 30-28-101 of CRS as amended, such land
divisions are exempt from the definition of "subdivision" or "subdivided land" and from
following the complete regulations, requirements and procedures set forth in these
Subdivision Regulations The land divisions shall follow the procedures in this Section 11
Exemptions approved pursuant to this Section 11 shall be referred to as "Recorded
Exemptions" and "Subdivision Exemptions"
11 1 2 Owners of land are eligible to apply 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 for considering 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 be scheduled before the Board in a public hearing The
Board will consider the application and take final action on the Recorded Exemption
request
11 2 Recorded Exemption
11 2 1 The recorded exemption is a subdivision process used to divide a lot, not located in an
approved subdivision, into two separate lots Examples of when a recorded exemption
application may be submitted include creating a lot in the agricultural zone district for a
single family residential building site, separating existing improvements from agricultural
land, and creating a lot in a commercial or industrial zone district for existing or future
development
11 3 Submittal Requirements The following information shall be completed and submitted to the
Department of Planning Services as part of the recorded exemption application
11 3 1 A recorded exemption application form provided by the planner
11 3 2 A copy' of a deed or legal instrument'identifying the applicant's interest in the property
under consideration
11 3 3 A certificate of conveyances form provided by the planner
11 3 4 A water supply statement The statement will include evidence that a water supply of
0 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
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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
66 173-E October 6, 1997
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11 3 6' A description of how the property is being used When the parcel(s) is located in the
agricultural zone district, the description shall include approximate acreage of prime and
nonprime farmland as defined in the Weld County Comprehensive Plan, number and types
of livestock and any existing improvements such as the principal residence, -labor home,
mobile home, manufactured home, barn, outbuildings, irrigation ditches, and oil well u,
production facilities on the property
11 3 7 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 i'
will be created
11 3 9 A statement explaining how the proposal is consistent with the Weld County
LjComprehensive Plan and any adopted municipal plan, and any approved
intergovernmental agreement(s), if applicable
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11 3 10 A statement explaining how the proposed uses will be compatible with existing surrounding �J
land uses
11 3 11' A statement explaining how the proposal is consistent with the intent of the district it is j
located within as expressed 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 I of this Ordinance
11 3 13 A recorded exemption sketch map drawn at a suitable scale on a sheet of paper 8-1/2 by I {
11 inches The sketch map shall be legible and include the following information b
11 3 13 1 The boundary of the proposed recorded exemption property y
11 3 13 2 The boundaries of all lots created by the proposed recorded exemption U
11 3 13 3 A north arrow
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11 3 13 4 The location of all existing and proposed driveways and accesses
associated with either lot
11 3 13 5 The name of any existing roads or highways abutting the proposed recorded U
exemption property
11 3 13 6 All existing structures on the proposed recorded exemption property This _i
includes principal and labor homes, mobile homes, manufactured homes,
outbuildings, pens, irrigation ditches, and oil well production facilities
11 3 13 7 All easements or rights -of -way located on the proposed recorded exemption
property
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11 3 13 8 All unique physical characteristics of the proposed Recorded Exemption L
property including but not limited to, substantial groves of vegetation, severe
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topographical conditions, substantial irrigation canals and water bodies
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11 4 Duties of the Department of Planning Services
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11 41 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
:11411
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) days
may be deemed a favorable response All referral agency review comments
are considered recommendations to Weld County The authority and
responsibility for approval and denial of a recorded exemption application
rests with Weld County The referral agencies include
1141 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
11 4 2 The planner shall prepare a staff recommendation within forty-five (45) 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 efficient and orderly development as
expressed in Section 1 3 of this Ordinance
68 173-E October 6, 1997
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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 4 2 6 The Board's decision shall consider the
recommendation of the planner, referral agency responses, the application case file, and
facts presented at the public hearing The Board shall approve the recorded exemption
application unless it finds the applicant has not met one or more of the standards of
Section 11 5 1 through 11 5 6 The applicant shall demonstrate
11 5 1 1 Conformance with the Weld County Comprehensive Plan Urban Growth
Boundary Policies and Goals and an adopted intergovernmental
agreement(s) when the recorded exemption application is located within a
specified Intergovernmental boundary area(s)
Compatibility with the existing surrounding land uses
Consistency with the intent of the district the recorded exemption is located
within as expressed in the Weld County Zoning Ordinance
Consistency with the purpose of Section 1 3 of this Ordinance
Compliance with the recorded exemption standards set forth in Section 11 8
of this Ordinance
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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 Ordinance 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 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
69 173-E October 6, 1997
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11 6 Recorded Exemption Resolution
11 6 1 A resolution setting forth the decision of the Board shall be drafted and signed A record
of such action and a copy of the resolution will be kept in the files of the Clerk to the Board
The Board shall also authorize the Chairman to sign the plat required in Section 11 7 of
this Ordinance -
11 7 Recorded Exemption Plat
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 sheet such as cronar or mylar or other
product of equal 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 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 "sticky -
back", adhesive film, or Kroylettering tape The drawing shall be at
sufficient scale to show all necessary detail
11 7 1 3 A photo mylar copy or diazo sensitized mylar copy of the original ink
drawing may, be submitted The material shall be at least three (3) mils or
greater in thickness
11 7 1 4 The plat submitted will contain the original signatures and seals of all parties
required to sign the, plat If a photo mylar copy or diazo sensitized mylar
copy is submitted, ,the original signatures and seals shall be contained
thereon
11 7 1 5 The plat shall be titled, "Recorded - Exemption No " The
Department of Planning Services shall fill in the appropriate number
11 7 1 6 The plat and legal description shall include all contiguous land owned by the
_applicant, or, as provided in accordance with Section 11 8 7 of this
Ordinance -
11 7 1 7 The plat need not show the bearings, lengths, and curve data for any lot in
excess of 35 acres created through a recorded exemption procedure
provided the lot can be described without completing a boundary survey
Any lotto be created through a recorded exemption procedure which is less
than 35 acres in size shall show the bearings, lengths, and curve data of the
lot lines If both lots to be created through a recorded exemption procedure
are less than 35 acres, then the bearings, lengths, and curve data shall be
shown around the perimeter of both lots A boundary survey- shall be
required around the perimeter of both lots A boundary survey shall be
70 - 173-E October 6, 1997
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required for any irregular shaped lot which does not have a natural
boundary and cannot be accurately described without standards for land
surveys and plats in Title 38, Article 51, Colorado Revised Statutes
11 7 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 The map shall also include the location of all
proposed existing accesses
11,7 1 9 The plat shall include an accurate drawing of the approved lots
11 7 1 10
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Two (2) -lot Recorded Exemption The smaller parcel shall be
designated Lot A and the larger parcel Lot B The acreage
for Lots A and B shall be given The acreage for Lot A shall
be accurately surveyed and the drawing shall include
bearings, distances, and curve data for all lines of Lot A,
which shall be referenced to two (2) public land survey
monuments of record Lot B shall also be surveyed, if
required by Section 11 7 1 7 of this Ordinance, unless it is 35
acres or greater and the approximately dimensions for the
boundary of Lot B can be given Existing public rights -of -way
providing access to both lots shall be shown
11 7 1 9 2 Three (3) -lot Recorded Exemption The two (2) smaller
parcels shall be designated Lot A and Lot B The acreage for
Lot A and Lot B shall be accurately surveyed and the drawing
shall include bearings, distances, and curve data for all lines
of Lot A and Lot B, which shall be referenced to two (2) public
land survey monuments of record The one (1) larger parcel
shall be designated Lot C Lot C shall also be surveyed, if
required by Section 11 7 1 7 of this Ordinance, unless the
approximate dimensions for the boundary of Lot C can be
given Existing public rights -of -way providing access to all
lots shall be shown
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, and 38-53-104
All work shall comply with the requirements of the "Bylaws And Rules of
Procedure of the State Board of Registration for Professional Engineers And
Professional Land Surveyors" and the "Rules of Professional Conduct of the
State Board of Registration for Professional Engineers and Professional
Land Surveyors - Board Policy Statements "
71 173-E October 6, 1997
11 7 1 12
The plat shalt 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) understand this property is located in the (fill in the correct zone
district) zone district and is also intended to provide areas for the conduct
of other uses by right, accessory uses, and uses by special review
(Signature) (Signature)
The foregoing certification was acknowledged before me this day of ,
,AD, 19_
My Commission'Expires
Notary Public
Witness my hand and seal
11 7 1 12 2 Surveying Certificate example
a Registered th
of Colorado, do hereby certify that
Professional this RecordeLandd SurveyoEtir in on pleatState
was
prepared under my personal supervision, and that this platxempis an accurate
representation thereof I further certify that the survey and this plat complies
with all applicable rules, regulations, and laws of the State of Colorado,
State Board of Registration For Professional Engineers And Professional
Land Surveyors, and Weld County
Registered Land Surveyor Date
Colorado Registration #
11 7 1 12 3 Board of County Commissioners Certificate example This
certificate is used only when the Recorded Exemption is
approved by the Board In a public hearing
This plat is accepted and approved for filing
Chairman, Board of County Commissioners
ATTEST
- Weld County Clerk to the Board
By Dated
Deputy Clerk to the Board
72 173-E October 6, 1997
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 ,AD, 19_
My Commission expires
Notary Public
Witness my hand and Seal
11 7 1 12 5 Easement Certificate example This certificate shall be used
when any easement crosses any of the proposed lots of the
Recorded Exemption The plat shall also identify the
benefitted lot and purpose of the easement
I (we) do hereby dedicate, for the benefit of the property(ies) shown or
described hereon, easements for the purposes shown or described hereon
(Signature) (Signature)
11 8 Recorded Exemption Standards A recorded exemption application shall comply with all of the
following standards
11 8 1 The water supply for all lots as proposed by the recorded exemption application is
adequate in terms of quality, quantity, and dependability
11 8 2 An adequate sewer service is available to serve the uses permitted on both proposed lots
The sewer service shall comply with the requirements of the applicable zone district and
the Weld County Health Department
11 8 3 An adequate legal access exists for all 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
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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), or a parcel otherwise
recognized as a complete quarter section, a portion of the lot equal to the minimum lot size
(80 acres) may be used in the recorded exemption application The three (3) -lot recorded
exemption -application shall include the total contiguous land ownership equal to no less
than twice the minimum lot size (160 acres) in the A (Agricultural) zone district, or is a
parcel otherwise recognized as a complete quarter section The fact that the applicant has
conveyed, within the last calendar year, land which would have been considered
contiguous had it been retained, may be considered as evidence of an intent to evade the
purpose provisions of Sections 1 3 and 11 2 1 of this Ordinance
11 8 8 The proposed recorded exemption is not part of a recorded exemption approved within the
last ten (10) years This provision shall not apply in any commercial or industrial zone
district
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 The proposed recorded exemption does not evade the statement of purpose as set forth
in Section 1 3 of this Ordinance
11 9 Three (31 -Lot Recorded Exemption
11 9 1 Owners of land are eligible to apply for a three (3) -lot recorded exemption only when there
is at least twice the contiguous minimum lot size (160 acres) in the A (Agricultural) zone
district
11 9 2 A three (3) -lot recorded exemption consisting of three parcels, two of which are parcels
less than 35 acres in size, may be established in the A (Agricultural) zone district when
total contiguous ownership is equal to at least twice the minimum lot size and if the largest
resulting parcel is at least 120 acres in size
11 9 3 The three (3) -lot recorded exemption process is described in Section 11 3 through 11 8 of
this Ordinance
11 10 Recorded Exemption Correction
-11 10 1 The Board or planner may approve a correction to a recorded exemption The correction
shall only address technical errors where such correction is consistent with the approved
plat and application Technical errors include, but are not limited to, correcting scrivener
errors on the plat and correcting survey errors
74 173-E October 6, 1997
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11 10 1 1 A reconfiguration correction may be approved by the Board or planner when
the parcels of the existing recorded ,exemption are reconfigured in a way
which does not substantially change the number of total acres in the original
recorded exemption, and creates no additional parcels
11 10 1 2 The date for calculating compliance with the timing provisions of Section
11 8 8 shall be the date of the most recent previous recorded exemption
associated with the parcel not the date of the correction
11 11 Recorded Exemption Amendments (with no time change)
11 11 1 Any change to a previously approved recorded exemption which is not a correction as
defined in Section 11 10 of this Ordinance, shall be processed as a new recorded
exemption, if eligible The date for calculating compliance with the timing provisions of
Section 11 8 8 shall be the date of the most recent previous recorded exemption
associated with the parcel only in the following instances
11 11 1 1 Where a boundary change results in the expansion of Lot A into Lot B
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whereby not creating an additional building site or changing the exterior
boundary of Lot B
11 11 1 2 Where previous approval of a recorded exemption included more than the
minimum lot size required in the affected zone district, the applicant is
eligible to apply to decrease Lot B to the minimum lot size required subject
to the limitations of Section 11 8 7 of this Ordinance
11 12 Recorded Exemption Amendments (with time change)
11 12 1 Any change to a previously approved recorded exemption which is not specifically defined
in Section 11 10 1 of this Ordinance, shall be processed as a new or amended recorded
exemption, if eligible The date for calculating compliance with the timing provisions of
Section 11 8 8 shall be the date of the recording of the amended plat
11 13 Subdivision Exemption
11 13 1 Intent The Subdivision Exemption is intended for the division of a parcel or interest in a
parcel which does not result in the creation of a new residential or permanent building site,
for adjustment of property lines between two contiguous parcels, creation of lots for the
purpose of financing, or for the temporary use of a parcel for public utility facilities
11 13 2 The Board delegates the authority and responsibility of considering and approving
Subdivision Exemptions with an administrative review process to the planner The planner
shall approve the request for Subdivision Exemption unless it finds that the applicant has
not met one or more of the standards of Section 11 17 1 1 through 11 17 1 4 If the planner
determines that the applicant has not met the standards of Section 11 15 1 1 through
11 15 1 4 the request will be scheduled -before the Board in a public hearing The Board
will consider the application and take final action on the Subdivision Exemption request
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75 173-E October 6, 1997
1114 General
11 14 1 A Subdivision Exemption shall only be applicable when at least one parcel involved in any
boundary exchange or in a temporary use location is less than 35 acres or results in being
less than 3 acre
11 14 2 When used in conjunction with a Recorded Exemption whose request is to remove existing
residential improvements from a parcel, the Subdivision Exemption may be utilized to
request separation of additional existing residential improvements from either of the two
habitable Recorded Exemption parcels A minimum of two habitable residential
improvements re required before an existing residential improvement can be removed from
a parcel
11 14 3 No lot which is part of an approved subdivision plat or any map or plan filed in the records
of the Weld county Clerk and Recorder prior to adoption of any regulations controlling
subdivisions, or part of any Minor Subdivision, shall be redivided or changed in any manner
by the Subdivision Exemption procedure Such platted lots may only be resubdivided or
changed by utilizing the applicable resubdivision process
11 14 4 Lots created for the purpose of mortgaging a dwelling unit shall not result in the creation
of a lot to be sold separately Upon termination of the mortgage arrangement, the lot shall
cease to exist The lot shall not be less than one ace in size
11 15 Submission Requirements The applicant shall submit the following on the form provided by the
Department of Planning Services
11 15 1 Name, address, and telephone number of the fee owner(s) of the property involved
11 15 2 General legal description of the total property involved
11 15 3 Total acreage of the total property involved
11 15 4 Existing land use of the total property involved
11 15 5 Existing land use of the adjacent properties
11 15 6 Signatures of the fee owner(s) or their authorized agent
11 15 7 The applicant shall submit the following written and supporting information
11 15 7 1 A detailed description of the request and its purpose and benefits
11 15 7 2 Where an authorized legal agent signs the application for the fee owner(s),
a letter granting power of attorney to the agent from the property owner(s)
must be provided
11 15 7 3 Copy of a deed or 'other appropriate legal instrument by which the
applicant(s) obtained interest in the property under consideration
11 15 7 4 Complete and accurate legal descriptions of the parcel(s) being created or
exchanged, and new parcels which will result upon approval of the request
76 173-E October 6, 1997
11 15 8 The applicant shall submit the following map information The size of map shall be either
eight and one-half (8-1/2) inches by eleven (11) inches or eight and one-half (8-1/2) inches
by fourteen (14) inches
11 15 8 1 Plot plan of the property or properties involved showing the proposed
situation graphically
11 15 9 If any such Subdivision Exemption is approved, a plat as described below shall be
submitted to the Department of Planning Services to be recorded in the office of the Weld
County Clerk and Recorder
11 15 9 1 The plat shall be prepared by a registered land surveyor in the State of
, Colorado
11 15 9 2 The plat shall be delineated in non -fading permanent black ink on a
dimensionally stable polyester sheet such as cronar or mylar or other
product of equal quality, three mils or greater in thickness The size of each
sheet shall be either eighteen (18) inches in height by twenty-four (24)
inches in width, or twenty-four (24) inches in height by thirty-six (36) inches
in width No mixing of sheet sizes is allowed No plat submitted shall
contain any form of stick -on -type of material such as, but not limited to,
"sticky -back", adhesive film, or kroy lettering tape The drawing shall be at
a scale sufficient to show all necessary detail
11 15,9 3 A photo mylar copy or diazo sensitized mylar copy of the original ink
drawing may be submitted The material shall be at least 3 mils or greater
in thickness
11,15 9 4 The plat submitted will contain the original signatures and seals of all parties
required to sign the plat If a photo mylar copy or diazo sensitized mylar
copy is submitted, the original signatures and seals shall be contained
thereon
11 15 9 5 The plat shall include a complete and accurate legal description of the
parcel(s) being created or exchanged, and new parcels which will result All
proposed and existing accesses for each parcel shall be shown -
11 15 9 6 All work shall comply with the requirements of Section 38-50-101,
38-51,101, 38-51-102, 38-53-103, and 38-53,104, CRS
11 15 9 7 All work shall comply with the requirements of the "Bylaws and Rules of
Procedure of the State Board of Registration for Professional Engineers and
Professional Land Surveyors" and the "Rules of Professional Conduct of the
State Board of Registration for Professional Engineers and Professional
Land Surveyors - Board Policy Statements"
11 15 9 8 A signed copy of all Colorado Land Survey Monument Records for indicated
"Aliquot Corners" (Section 38-53,102(2), CRS) will be submitted with the
Subdivision Exemption Plat If any "Aliquot Corner" indicated on the plat is
substantially as described in an existing monument record previously filed,
and in the appropriate records of the Clerk and Recorder's, a copy of that
monument record and a letter of certification stating that it is as described
on the Colorado Land Survey Monument Record shall be submitted
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11 15 9 9 The plat shall bear the following certifications
I (we) being the sole owner(s) in fee of the
above described property do hereby request a Subdivision Exemption on
the land as shown hereon
(Signature)
The foregoing certification was acknowledged before me this day of
,A,D, 19_
If)
11 15 9 10
My commission expires
Notary Public
Witness my Hand and Seal
Registered Land Surveyor's Certificate example
Surveyor's Certificate
, a Registered Professional Land Surveyor in
the State of Colorado, do hereby certify that this Subdivision Exemption plat
was prepared under by personal supervision, and that this plat is an
accurate representation thereof I further certify that the survey and this plat
complies with all applicable rules, regulations, and laws of the State of
Colorado, state Board of Registration for Professional Engineers and
Professional Land Surveyors, and Weld County
11 16 Duties of the Department of Planning Services
11 16 1 The planner shall have the responsibility for processing and approving all applications for
Subdivision Exemptions as delegated by the Board The planner shall also have the
responsibility of ensuring that all application submittal requirements are met prior to
initiating any official action as listed below
11 16 2 Set a, Board hearing only if the planner determines that the applicant has not met the
standards of Section 11'17 1 1 through 11 17 1 4
11 16 3 Refer the application to any agencies or individuals whose review the Department of
Planning Services or the Board of County Commissioners deems necessary
11 16 4 When, in the opinion of the planner, an applicant has notmet the standards of Section
11 15 1 1 through 11 15 1 4 a hearing shall be scheduled before the Board The staff shall
prepare a recommendation for use by the Board addressing all aspects of the application
its conformance with the Weld County Comprehensive Plan, master plans of affected
municipalities, sound land use planning practices, comments received from agencies to
which the proposal was referred, and standards contained in Section 11 regarding
Subdivision Exemptions
11 16 5 Submit to the Board for review any plat required in 11 15 9 of this Section which does not
comply with the approved subdivision exemption
78 173-E October 6, 1997
11 16 6 Submit to the Weld County Clerk and Recorder for recording plats of approved actions
required in Section 11 15 9
11 17 Duties of the Board of County Commissioners
11 17 1 When, in the opinion of the planner, an applicant has not met the standards of Section
11 17 1 1 through 11 17 1 4, the Board shall hold a public hearing to consider the
application and to take final action thereon In making its decision, the Board shall consider
the recommendation of the planner, the facts presented at the public hearing, and the
information contained in the official record The official record shall include the planner's
case file The Board shall approve the request unless it finds the applicant has not met one
or more of the standards or conditions of this Section 11 17 The applicant has the burden
of proof to show the standards and conditions of Section 11 17 are met The applicant
shall demonstrate the following
11 171 1 The proposal is consistent with the policies of the Weld County
Comprehensive Plan
11 17 1 2 The boundary change or temporary use location which would be allowed on
the subject property by granting the request will be compatible with the
surrounding land use
11 17 1 3 In those instances when used pursuant to Section 11 14 2, the request is
the best alternative to dispose of existing improvements in conjunction with
the companion Recorded Exemption
11 17 1 4 A lot being created for the purpose of financing will not result in the creation
of a lotto be sold, shall be at least one acre in size, and will no longer exist
upon termination of the financing arrangements
11 17 2 Upon the Board making its final decision, a resolution setting forth that decision will be
drafted and signed A record of such action and a copy of the resolution will be kept in the
files of the Clerk to the Board and the Board shall arrange for the Office of the Weld County
Clerk and Recorder to record the resolution
11 18 Correction to a Subdivision Exemption The planner or Board may, without a hearing or compliance
with any of the submission, referral, or review requirements of this Ordinance, approve a correction
to a Subdivision Exemption if the sole purpose of such correction is to correct one or more technical
errors in the legal description and where the correction is consistent with the approved exemption
11 19 Amendments Any change to a previously approved Subdivision Exemption which is not a
"correction" assdefined in Section 11 18 above shall follow the procedures of Section 11 13
79 173-E October 6, 1997
SECTION 12 UTILITIES AND IMPROVEMENTS
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12 1 The following improvements shall be constructed at the expense of the subdivider as stipulated in the
subdivision improvements agreement by the Board
12 1 1 Road grading and surfacing
12 1 2 Curbs, if required
12 1 3 Sidewalks, if required
12 1 4 Sanitary sewer laterals, where required
12 1 5 Storm sewers or storm drainage systems, as required
12 1 6 Water distribution systems, where applicable
12 1 7 Street signs at all street intersections
12 1 8 Permanent reference monuments and monument boxes
12 1 9 Street lighting, if required
12 1 10 Landscaping, where required
12 1 11 Underground electric and communication utility lines and services, and all street lighting
circuits, as required
12 1 12 Other facilities and requirements as may be specified in this Ordinance by the Board
80 173-E October 6, 1997
SECTION 13 IMPROVEMENTS AGREEMENT
13 1 Contract No Final Plat shall be approved by the Board until the subdivider has submitted a
subdivision improvements agreement or a contract approved by the Board agreeing to construct the
required improvements as shown in plans, plats and supporting documents Any such agreement
or contract shall be made in conformance with the Weld County Policy on Collateral for
Improvements
13 2 Off -Site Improvements The subdivider, applicant, or owner shall install off -site road improvements
as provided in this section when it has been determined by the Board that the road facilities providing
access to the subdivision are not adequate in structural capacity, width, functional classification to
support the traffic requirements of the uses of the subdivision
13 2 1 The subdivider, applicant, or owner shall enter into an off -site improvements agreement
prior to recording the final plat when the subdivider, applicant, or owner expects to receive
reimbursement for part of the cost of the off -site improvements
13 2 2 The off -site improvements agreement shall contain the following
13 2 2 1 The legal description of the property to be served
13 2 2 2 The name of the owner(s) of the property to be served
13 2 2 3 A description of the off -site improvements to be completed by the
subdivider, applicant, or owner
13 2 2 4 The total cost of the off -site improvements
13 2 2 5 The total vehicular trips to be generated at build -out by the subdivision, or
resubdivision, as specified by the "ITE Trip Generation Manual", or by
special study approved by the Board
13 2 2 6 A time period for completion of the off -site improvements
13 2 2 7 The terms of reimbursement
c.
13 2 2 8 The current address of the person to be reimbursed during the term of the
agreement
13 2 3 Any off -site improvements agreement shall be made in conformance with the Weld County
Policy on Collateral for Improvements
13 2 4 If the subdivider, applicant, or owner fails to comply with the improvements agreement, he
or she forfeits the opportunity to obtain reimbursement under this section
13 2 5 When it is determined by the Board that vehicular traffic from a subdivision or resubdivision
will use a road improvement constructed under an existing improvement agreement, the
subsequent subdivider, applicant, or owner shall reimburse the original subdivider,
applicant, or owner, for a portion of the original construction cost In no event shall the
original subdivider, applicant, or owner collect an amount which exceeds the total cost of
improvements less the pro rate share of the total trip impacts generated by the original
development Evidence that the onginal subdivider, applicant, or owner has been
reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the
planner prior to recording the final subdivision or resubdivision plat
81 173-E October 6, 1997
13 2 6 The amount of road improvement cost to be paid by the subsequent subdivider, applicant,
or owner of a subdivision or re6ubdivision using the road improvements constructed under
a pnor improvement agreement will be based upon a pro rate share of the total trip impacts
associated with the number and type of dwelling units and square footage and type of
nonresidential developments intended to use the road improvement The amount of road
improvement cost shall also consider inflation as measured by the changes in the Colorado
Construction Cost Index used by the Colorado Department of Transportation The cost of
road improvements may be paid by cash contribution to the prior subdivider, applicant or
owner or by further road improvements which benefit the prior subdivider, applicant, or
owner's property This decision shall be at the sole discretion of the board based upon the
need for further off -site road improvements
13 2 7 The trip generation rate manual published by the Institute of transportation Engineers (ITE)
shall normally be used for calculating a reasonable pro rate share of the road improvement
construction cost for all subdivisions or resubdivisions A special transportation study shall
be used for land uses not listed in the ITE Trip Generation Manual Any question about the
number of trips a subdivision or resubdivision will generate shall be decided by the County
Engineer
13 2 8 The term for which the subdivider, applicant, or owner is entitled to reimbursement under
the off -site improvements agreement, entered into between the subdivider and the county,
is ten years from the date of execution of a contract for road improvements
13 2 9 This provision is not intended to create any cause of action against Weld County or its
officers or employees by any subdivider, applicant, or owner for reimbursement, and in no
way is Weld County to be considered a guarantor of the monies to be reimbursed by the
subsequent subdividers, applicants, or owners
82 173-E October 6, 1997
SECTION 14 VARIANCES
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14 1 Hardshp The board may permit a variance as may be reasonable,and within the general purpose
and intent of the rules, regulations, and standards established by this Ordinance The subdivider
should clearly demonstrate that physical conditions pertaining to the parcel make literal enforcement
, of one or more of the provisions of this Ordinance impracticable or will exact undue hardship
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SECTION 15 VIOLATIONS AND PENALTIES
15 1 Any subdivider, or agent of a subdivider, who transfers or sells or agrees to sell or offers to sell any
subdivided land before a final plat for such subdivided land has been approved by the board and
recorded or filed in the office of the County Clerk and Recorder shall be guilty of a misdemeanor and
shall be subject to a fine not to exceed five hundred dollars<for each parcel or interest in subdivided
land which is sold or offered for sale All fines collected shall be credited to the General Fund of the
-County
15 2 The Board shall have the power to bring an action to enjoin any subdivider from selling, agreeing to
sell, or offering to sell subdivided land before a final plat for such subdivided land has been approved
by the Board
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15 3 Building permits for construction on land divided in an illegal manner subsequent to the adoption of
this Ordinance shall not be issued unless reviewed and approved by the Board No building permit
shall be approved by the Board unless all of the following can be shown
15 3 1 The parcel shall be accessible from an existing public road
15 3 2 The parcel will have access to an adequate water supply
15 3 3 The parcel will have access to an adequate means for the disposal of sewage
15 3 4 The_ issuance of the building permit will not change the essential character of the
neighborhood
15 3 5 The procedure defined in this Section is not being utilized for the purpose of evading the
requirements and intent of the Weld County Subdivision Ordinance
15 3 6 The owner does not own a parcel of land adjacent to the subject parcel
84 173-E October 6, 1997
SECTION 16 FEES
16 1 Fees for all Subdivision applications provided for in this Ordinance shall be established by resolution
of the Board in conjunction with a heanng process that will consist of a ten(10) day public notice prior
to the Board's hearing Notice of said hearing is to be published once in the newspaper designated
by the Board for publication notices
16 2 Review fees charged by a State agency for the review of any subdivision application shall be made
payable, by check or money order, to the State reviewing agency in the amount set by State law The
fee shall be paid at the time the application is submitted for consideration by the planner Failure to
pay said fee shall result in the subdivision application being considered an incomplete application and
will not be assigned a case number or hearing date until the fee is paid
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SECTION 17 VESTED PROPERTY RIGHTS
17'1 Pupose The purpose of this section is to provide the procedures necessary to implement the
provisions of Article 68 of Title 4, CRS, as amended
17 2 Vested property right --duration - termination A property right which has been vested as provided
for in this section shall remain vested for a period of three years This vesting period shall not be
extended by any amendments to a site specific development plan unless expressly authorized by the
Board
17 3 Notice and hearing No site specific development plan shall be approved until after a public hearing,
preceded by written notice of such hearing Such notice may, at the County's option, be combined
with the notice required for the Subdivision Final Plat or with any other required notice Interested
persons shall have an opportunity to be heard at the hearing
17 4 Approval - effective date - amendments A site specific development plan shall be deemed approved
upon the effective date of the Board's final or conditional approval action In the event amendments
to a site specific development are proposed and approved, the effective date of such amendments,
for purposes of duration of a vested property right, shall be the date of the approval of the original site
,specific development plan, unless the Board specifically finds to the contrary and incorporates such
finding in its approval of the amendment
17 4 1 The Board of County Commissioners may approve a site specific development plan upon
such terms and conditions as may reasonably be necessary to protect the public health,
safety, and welfare The conditional approval shall result in a vested property right,
although failure to abide by such terms and conditions will result in a forfeiture of vested
property rights
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17 5 Development agreements The Board of County Commissioners may enter into development
agreements with landowners providing that property rights shall be vested for a period exceeding
three years where warranted in light of all relevant circumstances, including but not limited to, the size
and phasing of the development, economic cycles, and market conditions Such development
agreements shall be adopted as legislative acts subject to referendum as provided for in the Weld
County Home Rule charter
17 6 Notice of approval Each map, plat, or other document constituting a site specific development plan
shall contain the following language "Approval of this plan may create a vested property right
pursuant to Article 68 of title 24, CRS as amended " Failure to contain this statement shall invalidate
the creation of the vested property right In addition, a notice describing generally the type and
intensity of use approved, the specific parcel or parcels of property affected and stating that a vested
property right have been created shall be published once, no more than 14 days after approval of the
site specific development plan, in the newspaper designated by the Board of County Commissioners
for publication of notices
17 7 Payment of costs In addition to any and all other fees and charges imposed by this Ordinance, the
applicant for approval of a site specific development plan shall pay all of the County's costs resulting
from the site specific development plan review, including publication of notices, public hearing and
review costs
86 173-E October 6, 1997
17 8 Other provisions unaffected Approval of a site specific development plan shall not constitute an
exemption from or waiver of any other provisions of this Ordinance pertaining to the subdivision,
development, or use of property The establishment of a vested property right shall not preclude the
application of ordinances or regulations which are general in nature and are applicable to all property
subject to land use regulations by a local government including, but not limited to, building, fire,
plumbing, electrical, and mechanical codes
17 9 Limitations Nothing in this section is intended to create any vested property right, but only to
implement the provisions of Article 68 of Title 24, CRS, as amended In the event of the repeal of said
Article or a judicial determination that said Article is invalid or unconstitutional, this section shall be
deemed to be repealed, and the provisions hereof no longer effective
87 173-E October 6, 1997
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