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Home My WebLink About952050.tiffAR24667L2 ORDINANCE NO. 173-C IN THE MATTER OF AMENDMENTS TO ORDINANCE N0. 173, WELD COUNTY SUBDIVISION ORDINANCE, REVISING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority, under the Weld County Home Rule Charter and State statute, including Article 28 of Title 30 CRS, to adopt subdivision regulations for the unincorporated areas of the County of Weld, State of Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 173, Weld County Subdivision Ordinance, establishing a comprehensive revision of the subdivision regulations for unincorporated areas of the County of Weld, and has adopted amendments in Ordinance No. 173-A and Ordinance No. 173-B, and WHEREAS, said Ordinance No. 173 is in need of revision and clarification with regard to procedures terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 173, as amended, are repealed and re-enacted, with amendments, and the various sections are revised to read as follows: 2466712 B-1521 P-508 12/07/95 04:32P PG 1 OF 76 REC DOC Weld County CO Clerk & Recorder 0.00 952050 0RD173 RE: ORDINANCE NO. 173-C PAGE 2 1.3 Statement of Purpose: The purpose of this Ordinance is to achieve orderly and efficient development by: 1.3.1 Assisting orderly and integrated development; 1.3.2 Promoting the health, safety, and general welfare of the residents of the County; 1.3.3 Ensuring conformance of land subdivision plans with the public improvement plans of the County and its various municipalities; 1.3.4 Ensuring coordination with public municipal improvement, plans and programs; 1.3.5 Encouraging well -planned subdivisions by establishing adequate standards for design and improvement; 1.3.6 Improving land survey monuments and records by establishing standards for surveys and plats; 1.3.7 Safeguarding the interests of the public, the homeowner, and the subdivider; 1.3.8 Securing equitable handling of all subdivision plans by providing uniform procedures and standards; 1.3.9 Preventing loss and injury from fire in wooded terrain; 1.3.10 Preserving agricultural land and promoting its most productive agrarian use; 1.3.11 Ensuring irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses; 1.3.12 Preserving natural vegetation and cover and promoting the natural beauty of the County; 1.3.13 Preventing and controlling erosion, sedimentation, and other pollution of surface and subsurface water; 1.3.14 Preventing flood damage to persons and properties and minimizing expenditures for flood relief and flood control projects; 1.3.15 Restricting or regulating building in flood hazard overlay district areas, shorelands, areas covered by poor soils, or in areas poorly suited for building or construction; 2466712 8-1521 P-508 12/07/95 04:32P PG 2 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 3 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; 2.13 "M" A Minor Subdivision is a procedure for subdividing a tract of land being divided into no more than five (5) lots. MANUFACTURED HOME: A single family dwelling which is practically or entirely manufactured in a factory; is not less than twenty-four feet in width and thirty-six feet in length; is installed on an engineered permanent foundation in compliance with ANSI A-1987. Manufactured Home Installations. Appendix a has brick, wood, or cosmetically equivalent exterior siding and a pitched roof; and is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. 5401 et seq, as amended. SECTION 3: MAJOR SUBDIVISION AND MINOR SUBDIVISION PROCESS Major Subdivision Process 3.1 The major subdivision process is comprised of a four -step review and approval process. The first step is the sketch plan submittal process. Copies of the sketch plan are sent to referral agencies for review and comment. A public meeting may be scheduled by a municipality if it is within three (3) miles of the subdivision site or if the subdivision is within an urban growth boundary as defined and adopted in any approved intergovernmental agreement. There are no public hearings scheduled by the planner for this step. The sketch plan process includes an administrative review by the planner. After a complete application is received, the sketch plan review should be completed within forty-five (45) days. The planner should be consulted for the correct application fee. The sketch plan is explained in Section 5 of this Ordinance. 3.2 The second step is the change of zone process found in Section 21 of the Weld County Zoning Ordinance. After a complete application is received, the change of zone process should be completed within 120 days. The planner should be consulted for the correct application fee. 2466712 B-1521. P-508 12/07/95 04:32P PG 3 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 4 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. SECTION 4: MINOR SUBDIVISIONS Minor Subdivisions 4.1 The minor subdivision procedure is a process for development and review of subdivisions proposing a maximum of five (5) lots. The minor subdivision process utilizes the minor subdivision sketch plan application process and the minor subdivision final plat process of this Section. 2466712 B-1521 P -50R 12/07/95 04:32P PG 4 OF 76 352050 )RD173 RE: ORDINANCE NO. 173-C PAGE 5 4.1.1 The minor subdivision process shall not be used to further subdivide lots previously approved as a subdivision. The minor subdivision process shall not be used to resubdivide or change any lot which is part of an approved or recorded subdivision plat or any map or plan filed in the records of the Weld County Clerk and Recorder prior to the adoption of this Ordinance controlling subdivisions. The resubdivision requirements shall be followed when proposing other changes to a recorded minor subdivision final plat. 4.1.2 The minor subdivision process shall not be used to 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. 2466712 B-1521 P-508 12/07/95 04:32P PG 5 OF 76 952050 ORD173 RE: ORDINANCE -NO. 173-C PAGE 6 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. A.2.8 Any floodplain, geologic hazard, or airport overlay district areas identified in the Weld County Zoning Ordinance that are located within the proposed minor subdivision. -4.2.9 A report identifying the geologic characteristics in the area of the proposed minor subdivision. The report shall indicate if the proposed minor subdivision will be affected by any geologic characteristics. An application for a minor subdivision shall include a soils andgeological 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. 2466712 13-1521 P-508 12/07/95 04:32P PG 6 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C P-AGE7 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 shallbe twenty- four inches by thirty-six (24" x36"). 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 minorsubdivision, township, range, section, quarter section, and lot numbers. 4.2.12.2 The layout of lots, outlots, roads, accesses, utility easements, and open space scaled to the nearest foot. 4.2.12.3 Existing topographic contours at ten (10) foot intervals drawn from available data, such as the United States Geological Survey (USGS) maps. 4.2.12.4 Soil types by boundary, accompanied by a description of the soil type as prepared by the Soil Conservation Service. 4.2.12.5 Floodplain and geologic hazard areas, existing structures, utility lines, ditches, streams, lakes, drainage ways, vegetative cover, -oil and gas production facilities, and any other structure or feature located within the proposed minor subdivision. 4.2.13 Any other information determined to be reasonably necessary by the Department of Planning Services that will aid in the review of the Minor Subdivision Sketch Plan application. 4.3 Minor Subdivision Sketch Plan Processing and Review Procedure. The planner shall be responsible for processing all Minor Subdivision Sketch Plan applications in the unincorporated areas of Weld County. The Department shall also have the responsibility of ensuring all application submittal requirements are met prior to processing the application. Once a complete application is submitted, the planner shall: 4.3.1 Refer the application to appropriate referral agencies, when applicable for review and comment. The agencies shall respond within twenty-one (21) days after the mailing of the application by the County. The failure of any agency to respond 246671.2 R-1527. P--508 12/07/95 04:32P PG 7 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 8 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 Countyare 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{wrpose of the meeting will be toadvise the applicant of -any problems discovered _during the review of the minor subdivision sketch plan application, discuss commentsand 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 minorsubdivision final -plat application. 4.3.3 -Prepare a recommendation for the applicant addressing all aspects of the application including: 4.3.3.1 Preliminary determination as -to whether the proposed -minor subdivision complies with the requirements of the Weld County Zoning and this Ordinance for review and approval. 4.3.3.2 Comments received from referral agencies. 4.3.3.3 Comments received fromsurrounding property owners and owners and lessees of the mineral estate. 4A Minor Subdivision Change of Zone -- Second Step. An applicant shall submita complete change of zone application following the procedures found in Section 21 of the Weld County Zoning Ordinance. After a complete application is received, the change of zone process should be completed within 120 days. The planner should be consulted for the 'correct application fee. 4.5 Minor Subdivision Final Plat -- Third Step. An applicant -shall submit a complete minor subdivision final plat application with the required number -of application copies and application fee to the planner. The required number of application copies shall be determined by the planner. The following information shall be submitted as part of a minor subdivision final plat application. 4.5.1 A minor subdivision final plat application form provided by the planner. 2466712 B -i521 T-508 12/07/95 04:32P PG 8 OF 76 352050 ORD173 RE: ORDINANCE NO. 173-C PAGE 9 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-ofall 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 ,4 description of the type of uses proposed for the -subdivision. 4.5.4 a summarycf any concerns identified during the minor subdivisionsketch plan application process with an explanationcf how the concerns will be -addressed or resolved. 4.5.5 The total number of lots proposed. 4.5.5 a description of the minor subdivision circulationsystem, 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,cr park within the proposed minorsubdivision. 4.5.8 If the applicant is to dedicate land for schools, roads, parks, cr 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 watersupply of sufficient quality, quantity, and dependability will be available to serve the proposed minorsubdivision including fire protection. Buch evidence may include, but shall notice limited to the following: -evidence of -ownership or use of existing waterTights; 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 minorsubdivision. If water is to be supplied by a water district, municipality, or other agency, a -copy -ofa contract, or sometangibleguarantee, shall be submitted. 2466712 B-1521 -P-508 12/07/95 04:32P PG 9 OF 76 52050 ORD173 RE: ORDINANCE NO. 173-C PAGE 10 4.5.1D A description of the proposed sewage disposal system. The description shall include an -estimate -of the total numberof gallons per day of sewage to be treated by public sewer or the suitability of another means of disposal if public sewer is not required. A copy of a contract or other tangible -guarantee providing for -adequate -sewage treatment by a public -sewage treatment agency shall be submitted if public sewage treatment isproposed. 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 theproposed minorsubdivision. 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 -ofan agreement s(gned by theapplicant 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 easementor 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 ofthis Ordinance. 4.5.18 A -minor subdivision final plat drainageTeportshall be prepared in compliance with the -requirements of Section 1D.12 and 10.13 of this Ordinance. 4.5.19 A certified list of the names, addresses, and the corresponding parcel identification -numbers ass ned by the Weld County Assessor to the owners -of property of the surface -estate within five hundred (500) feet of the property subject to theapplication. The source of such list shallbefrom the records of the Weld County Assessor, oran ownership update -from a title abstract company or attorney derived from suchTecords 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 shalloertify that such list was assembled within thirty (30) days of the application submission date. 2466712 B-1521 P-508 12/07/95 04:32P PG 10 OF 76 52050 ORD173 RE: ORDINANCE NO. 173-C PAGE 11 4.5..20 A certified list of the names and addresses of mineral owners and lessees of mineral owners having an interest in thesubject property. The list shall reflect the names of mineral owners -and lessees -as they -appear on the platsnf record in the Weld County Clerk and Recorder's Office and the -most recent- addresses as they appear in the telephone directory or other-directorynfxgeneral 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 sheetsuch as Droner, mylar, nr other product of equal quality, three millimeters Dr greater in thickness. The size of each sheet shall be twentyfour (24) inches in -height by thirty-six (36) inches in width. No minor subdivision final plat submitted shall contain any form of stick -nn type material such as, but not limited to, "sticky -back" or adhesive film, kroy lettering, or tape. The drawing shall beat a scale of one (1) inch equals one- -hundred (100) feet (1" =100'). 4.5.21.2 -A photo mylar copy or diazo sensitized mylar copy of the-orginal 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 diazosensitized mylar copy is submitted, the originalsignatures and -seals-must benontained thereon. 4.5.21.4 If a minor subdivision requires more than two (2) sheets, a map showing the relationship of the individual sheets shall be required. 4.5.215 All work shall comply with theTequirements of C.R.S. 3830-101, 38-51-101,-38-511D2, 38:53-103, and 38-53-1D4. 4.5.21.6 All workshall comply with the requirements of the "Bylawsand 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." 2466712 B-1521 P-508 12/07/95 04:32P PG 11 OF 76 952050 ORD 173 RE: ORDINANCE NO. 173-C PAGE 12 4.5.21.7 The minor subdivision plat shall be referenced to at least -two (2) public land survey monuments of record in accordance with C.R.S. 38-53-102 (7). 4.5.21.8 The surveyor making a plat shall certify on the plat that it conforms with all applicable rules, regulations, and laws of the State of Colorado, -State Board of Registration -for Professional Engineers and Professional Land -Surveyors, and Weld County. 4.5.21.9 The surveyor shall -affix his or her name, seal and date of certification as prescribed in the "Bylaws And Rules of Procedure of the St -ate Board -of Registration for Professional Engineers And Professional Land Surveyors." 4:5.21.1D The basis of bearings, north arrow, minor subdivision name, date, total acreage, total number 9f lots, name and address -of the owner(s) of record, legal description, stated scale, and graphic scale. 4:5.21.11 The bearings, distances, and curve -data ofell perimeter boundary lines shall be indicatedeutside the boundary line, not inside, with the lot dimensions. When the plat is bounded by an irregular shore line or a body of water, thebearings and distances of a closing meander traverse shall be given and a notation made that the plat includes all land to the water's edge or otherwise. 4.5.21.12 Lots shall be numbered consecutively. Bearings and lengths shall be _given for all lot lines, except for interior lot lines where the bearings and lengths are the same as both end lot lines. All dimensions of irregularly shaped lots shall be indicated. All lot lines intersecting a curveshallstate 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 platshall include the radius of curve, central angle, chord distance, and bearing. 4.5.21.15 Any parcel that is excepted -from the minor subdivision shall be marked, "not included in this minor subdivision." The boundaries of an -excepted parcel shall be identified bybearin-gs and distances. 2466712 8-1521 P-508 12/07/95 04:32P PG 12. OF 76 352050 ORD173 RE: ORDINANCE NO. 173-C PAGE 13 4.5.21.1E All streets shall be designated and identified by bearings and dimensions. All -street namesshallte shown. 4.5.21.17 All easements thatare not parallel toa lot line shall be -designated and identified by bearings and dimensions. 4.5.21.1E The location of easements along lot lines for water, sewer, electric, -gas, telephone, and any _other utilities within the proposed -minor subdivision. Utility -easements shall be designed to meet Weld County Subdivision Ordinance requirements. 4.5.21.1'9 All land within the boundaries of the minor subdivision shall be -accounted for eitheras lots, easements, rights -of -way, private street, or public area. 4.5.21.20 The -following -certificates and seals shall 'be placed 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-ofxertain lands in Weld County, Color -ado, 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 nameand style of and do hereby dedicate to the public, -school district, owners and future owners_of this minorsubdivisionall ways,ipublicTights-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 Toe this day of ,19 My commission expires 2466712 B-1521 P-508 12/07/95 04:32P PG 13 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 14 Notary Public Witness my hand and Seal 4.5.21.20.2 Surveying Certificate: , a Registered Professional Land Surveyor in the -State of Colorado -do hereby certify that the surveyTepresented by this plat was made under my personalaupervisionand 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 Engineersand Professional Land Surveyors, -and Weld County. By: Registeredland Surveyor Date 4.21.203 Certificate ofAppravaliby 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 theToads and rights -of - way for maintenance by Weld County. The construction, maintenance, snow removal, and all other matters pertaining to or affecting the Toads and rights -of -way are the sole responsibility of the land owners within the minor subdivision. Witness my -hand and the corporate sealaf Weld County this day of A.D. 19 Chairman, Board of County Commissioners ATTEST: Weld County Clerk to the Board By: Dated: Deputy Clerk to the Board -4.5.22 An erosion controlplan, if requiredas a result -of a minoraubdivision sketch plan requirement. 2466712 B-1521 P-508 12/07/95 04:32P -PG 14 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 15 -4.5.23 Minor Subdivision road plans. -A completeestimate of costsshall accompany the road plan. All wad plan information -shall becompleteand 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 platarea. 4.5.25 A title commitment ore title opinion covering allpublic dedications. 4.5.26 A warranty deed, if required, deeding -to the appropriate -entity any lands tome used for the benefit of the public or owners and -future _owners of the minor subdivision. 4.6 MINOR SUBDIVISION FINAL PLAT PROCESSING AND REVIEW PROCEDURE. The planner shall be -responsible for processing all -minor subdivision final plat applications in the unincorporated areas of Weld County. The planner shall also have the responsibility of ensuring allapplicationsubmittal requirements -are met prior to processing the application. Once a complete application is submitted: 4.6.1 Theiplanner shall schedule a PlanningCommission meeting date -not more than forty-five (45) days after the complete application -has been submitted unless the applicantagreesor requests a hearing date -more than forty-five (45) days after submittal. 4.6.2 The planner shall schedules 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 fora 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, firstclass, not less than ten (1D) 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 ownersand 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 The planner shall post a sign on the property _underconsideration fora minor subdivision final plat. The sign shall be posted adjacent -to and visible from a 2465712 _B-1521 P-608 12,/07[95 04:32P PG 15 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 16 publicly maintained Toad 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 in the property and a second sign shall be posted where a driveway (access drive) intersects a publicly maintained road right-of-way. TheDepartment 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 The acreage of the parcel under consideration. 4.6.5.6 Themumber 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. 4.6.7 The planner shall Refer the application to referral agencies, whenapplicable, 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 bea-avorable 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 reviewsand comments -and may solicit additional information if such information issieemed necessary. The reviews and comments submittedby 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: 2466712 B-152.1 P-508 12/07/95 04:32P PG 16 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 17 4.6.8.1 Conformance to the Weld County Zoning and this Ordinance for review and approval. 4.6.8.2 Comments received from referralegencies. 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 totonsider the minor subdivision application. The Planning Commissionshall provide_a recommendation to the Board concerning the minor subdivision applic-ation. The Planning Commission's recommendation shall include whether the applicant has demonstrated that the standards of Sections 4:6.9.1 through 4.6.9.15 have been or will be met. The applicant has the burden of proof to show the standards of Sections 4.6.-9.1 through 4.6.9.16 are met. The applicant-shall_demonstrate: 4.6.9.1 Compliance with the Weld County Comprehensive Plan and the zone district in which the proposed use is located; 4.6x9.2 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 fireiprotection; 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 Tegulations which are in effect at the time of submission of the minorsubdivision; 4.685 That all -areas of the minor subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions nave teen identified by the -subdivider and that the proposed uses of these areas are -compatible with such conditions; 4.6.9.6 That streets within the minor subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the minor subdivision. All roads within the minor subdivision shall be a minimum of eighteen (18) feet in width and shall have a minimum depth of four (4) inches of gravel base; 2466712 B-1521-508 12/07/95 04:32P PG 17 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 18 4.6.TJ.7 That off -site street or highway facilities providing access to the proposed minor subdivision are adequate in functional classification, width, and structuraloapacity to meet the traffic requirements of the minorsubdivision; 4.6.9.8 That the construction, maintenance, snow removal, and other matterspertaining to oraffecting the road andTights-of-way for the min -or subdivision are the sole responsibility of the land owners within -the minor subdivision; 4.6.9.9 That the minor subdivision is Tot part of or contiguous with a previously recordedsubdivision or unincorporated townsite; 4.6.9.10 That there will be no on -street parking permitted within the minor subdivision; 4.6.9.11 That no additional access to a county, state, or federal highway will be created; 4.6.9.12 That the ingress -and egress to all lots within the minor subdivision willtbe to an internal road circulation system; 4.6.9.13 That -facilities providing drainage and stormwater management are adequate; 4.6.9.14 That the maximum number of lots within the minor subdivision will not -exceed five (5) lots; and 4.6.9.15 That the minorsubdivision will not causean unreasonable burden on theability of local governments or districts to provide fireand police protection or other -services. 4.6.9.16 The subdivision will not have an undue adverseeffecton 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. 24667'!2 B-1521 -P-508 12/07/95 04:32P PG 18 OF 76 952050 ORD17B RE: ORDINANCE NO. 173-C PAGE 19 4.6.11 Theplannershall 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 beensubmitted to the Clerk to the Board. 4.6.12 The Clerk to the Board shall give noticenf 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 notificationshall be mailed, first class, mot less than ten (10) days before the scheduled public hearing. 4.6.13 The Clerk to the Board shall give notice of -the application for a minor subdivision final plat and the Board% public hearing date to those persons listed in the applic-ation as owners and lessees of the -mineral estate on ior under the parcel under consideration. The notification shall be -mailed, -first class, not less than ten (10) slays before the scheduled public hearing. 4.6.14 The planner shall post a sign on the property under consideration iof 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 maintainedtoad right-of-way, one sign shall be posted in the mostprominent place on the property and -a second sign shall be posted where a driveway (access drive) intersectsapublicly maintained road right-of-way. The DepartmentbfPlanning Services shall certify that thesign has been posted for the ten (10) days preceding the hearing date. Each signshall show the following information: 4.6.14.1 The assignedapplication number. 4.6.14.2 The date, time, and place of the public hearing. 4.6.14.3 The phone number and location Af the Department of Planning Services. 4.6.14.4 The applicants name. 4.6.14.5 Theacreagevf the parcel under consideration. 4.674.6 The -umber 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 dateiofpublication shall be at least ten (10) days prior to the hearing. 2466712 B-1521 P-508 12/07/95 04:32P PG 19 OF 76 952050 ORD173 RE: ORDINANCE ND. 173-C PAGE 20 4.6.16 TheBoardshall hold a public hearing to consider theapplicationand 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 -he planner's case file, and whether theapplicant has -demonstrated that the standards of Sections 4.-6.16.1 through 4.6.16.1 -5 -have been or will be met. The -applicant has the burden of proof to show that the standards _of Sections 4.6.16.1 through 4.6.16.15 are met. The -applicant shall demonstrate: 4.6.16.1 Compliance with the Weld County Comprehensive Plan -and the zone district in which the proposed use is located; 4.6.16.2 That provisions have been made to preserve prime agricultural lands; 4.6.16.3 That provisions have been made for a public watersupply-fhat is sufficient in terms of quantity, dependability, and quality to -provide water for the minorsubdivision including -fire protection; 4.6.16.4 That, if a public sewage disposalsystem is proposed,provision has been made forthe system and, if other methods of sewagexdisposal are proposed, evidence that such -systems willcomply with state and local laws and regulations which are in effect -at the time of submission of the -minor subdivision; 4.6.166 That all areas of the minor subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions Have teen identified by the subdivider and that the proposedjisescf these areas are compatible with such conditions; 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 roads within the minor subdivision-shallbe a minimum of eighteen (1-8) feet in width and shall have a minimum depth of four (4) inches of graveltase; 4.-6.16.7 That off -site street or highway -facilities providing access to the proposed minor subdivisionare adequate in functional classification, width, and structural capacity to meet the traffic -requirements of the minor subdivision; 2466712 B71521 P-508 12/07/95 D4:32P PG 20 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 21 4.6.16.8 -That the iconstruction, 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 minorsubdivision; 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 willbe 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 providingidrainageend stormwater managementare 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 Thatthe minor subdivision will not ceuseen unreasonable burden on the ability of local governments or districts to provide fire and police protection -or otherservices; 4.6.17 The Board's final decision will be by resolution. A record of such action -and a copy of -the resolution will be kept in the -files of the Clerk to the Board. The planner shall record an approved minor subdivision final plat and the Board's resolution with the County Clerk and Recorder. 4.6.18 No minor subdivision final plat shall be considered approved and eligible for recording until the Board has approved a subdivision improvements agreement. 4.6.19 The subdivision will not have anwndue adverse effectnn wildlife and its habitat, thepreservation of agricultural land, and historical sites. SECTION 3: MAJOR SUBDIVISION S -KETCH PLAN -- FIRST STEP 2466712 B-1521 P-508 12/07/95 -04:32P PG 21 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 22 -5.1 An applicant shall submit a completesketch plan application with the required number of application copies and processing fee to the planner. The required number of application copies shall be determined by the planner. 5.2 The following completed information and maps are required. 5.2.1 -A sketch plan application form. 5.2.2 A copy of a -deed -or legal instrument identifying the applicant's interest in -the property under consideration. Ifan authorized agent -signs the application forthe 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 watersystem proposed for the subdivision. 5.2.5 A description of the type of sewer system'proposed for the subdivision. 5.25 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 ere referenced in Section 10 of -this Ordinance. 5.2.8 Any floodplain, geologic hazard, andairportoverlay 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 preparediby 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 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 theaproposed subdivision. 2466712 8-1521 P-08 12/07/95 04:32P PG Z2 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 23 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 approvedty the planner, _composed of one or more sheets with an outer dimension nftwenty-four by thirty-six inches (24" x 36")showing the following items. -5.2.11.1 The location of the proposed subdivision and its property boundaries. 5.2.11.2 The existing street and highway systems within five hundred (500) feet of the boundaries of the proposedsubdivision. 5.2.11.3 All unimproved orproposed public rights -of -way within five hundred (500) feet of the boundaries of the proposedsubdivision. 5.2.11.4 All public sewer, water, and storm drainage systems within five hundred (500) feet of the proposed subdivision. 5.2.11.5 Title, scale, north arrow, and date. 5.2.12 A sketch_plan map -shall be drawn at ascale of not less than one - inch equals two hundred feet (1" =200'). Variations from this scale will be acceptable in largeacreage subdivisions, provided the -map isxlearly legible and approvedbythe planner. The dimensions of the sketch plan map shall be twenty-four inchesty thirty-six (24" x 36"). If a subdivision Tequires 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 individualsheets shall be provided. The sketch plan unapshall include the following information. 5.2.12.1 Title, scale, northarrow, name of the subdivision, township, range, section, quarter section, block and lot numbers. 5.2.12.2 The layout -of blocks, lots, outlots, roads, accesses, utility easements, and open space scaled -to the nearest foot. 5.2.12.3 Existing topographic contours at ten (10) -foot intervals drawn from available data, such as the United States Geological Survey (USGS) maps. 5.2.12.4 Soil types by boundary, accompanied by a description of the soil type as prepared by the Soil Conservation Service. 2466712 B-1-521 P--508 12/07/95 04:32P -PG 23 OP 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 24 5.2.12.5 Floodplain and geologic hazard areas, existing structures, _utility lines, ditches, streams, lakes, drainage ways, vegetative cover, oil and gas production facilities, and any other structure or feature located within the proposed subdivision. 5.2.12.6 Any other information determined to beieasonably necessary by the Department of Planning Services that will aid in the review of the sketch plan application. 5.3 Sketch plan processing and review procedure. 5.3.1 The planner shall be responsible for processing all sketch plan applications in the unincorporated areas of Weld County. The Department -shall also have the responsibility of ensuring all application submittal requirements are met priorto processing the application. Once a -complete application is submitted, the Department -shall: 5.3.1.1 Forward a copy of the sketchplanapplication 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 applic-ation has beensubmitted. The purpose of the meeting will be to advise theapplicant of anyproblems discovered during the review of the sketch plan application, discuss comments and issues raised by referral agencies, and toTeview 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. SECTION 6: MAJOR SUBDIVISION PRELIMINARY PLAN -- STEP THREE 6.1 An -applicant -shall submit a complete preliminary plan application with the required number of application copiesand application fee -to the planner. The required number of application copies shall be determined by the planner. 2466712 B-1521 P-508 12/07/95 04:32P PG 24 OF 76 352050 ORD173 RE: ORDINANCE NO. 173-C PAGE 25 6.2 The following information shall be submittedas 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 planarea. 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 baseand surface, width and depth of borrow ditches, curb and gutter, valley pan, and vehicle parking arrangement. The circulation system shall include a_description of any sidewalks, bikepaths, or trails. 6.2.3.5 A statement describing the ownership, function, and maintenance of any school site, open space, or park within the proposed subdivision. 6.2.3.6 A description of the proposed water system accompanied by an estimate of the total gallons of water per day required for domestic use and emergency fire protection. 2466712 B-1521 P-508 12/07/95 04:32P PG 25 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 26 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 waterevailable 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 sewersystem. 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 treatedty public sewer or the suitability of another means of disposal, if publicsewer 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 waterservice 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 2466712 B-1521 P-508 12/07/95 04:32P PG 26 OF 76 952050 .3RD173 RE: ORDINANCE NO. 173-C PAGE 27 Teport 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 thatsuch list was assembled within thirty (30) days of the application submission date. 6.2.7 A certified list of the names and addresses of mineral owners and lessees of mineral owners having an interest in the property under consideration. The list shall reflect the names of mineral owners and lessees as they appear on the plats or records in the County Clerk and Recorder's _Office and as they appear in the telephone directory or other directory of general use in the area of the property or on the tax records of the County. 6.2.8 Preliminary plan vicinity map requirements. 6.2.8.1 The dimensions of the vicinity map shall be twenty-four (24) inches by thirty (36) inches. Thescale 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. 6.2.8.2.1 The perimeter outline _of the proposed subdivision. The location of all existing and proposed accesses to the proposed subdivision. 2466712 B-1521 P-508 12/07/95 04:32P PG 27 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 28 6.2.8.2.2 The location and name of all roads and highways within five hundred (500) feet of the perimeter of the proposed subdivision. 6.2.8.2.3 The perimeter outline and identification of subdivisions, zone districts, and any special districts within five hundred (500) feet of the perimeter of the proposed subdivision. 6.2.9 Preliminary plan plat requirements. 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 sc-ale 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 informationshall be shown on the preliminary plan plat map. 6.2.9.2.1 The basis of bearings, north arrow, subdivision name, total acreage, -and legal description of the proposed subdivision. 6.2.9.2.2 Lots and blocks shall be numbered consecutively. Lot dimensions shall be -scaled to the nearest foot. The area of each lot shall be shown in square feet, if less than one acre. If lots are greater than one acre, the area shall -be shown in acres. 6.2.9.2.3 Thestreet layout for the subdivision. All streets shall be named. 6.2.9.2.4 The layout of future streets adjacent to the subdivision shall be shown in aidashed-line. 2466712 B-1521 P -50R 12/07/95 04:32P PG 28 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 29 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. 6.2;9.2.7 A utility service statement block shall appear on the preliminary plan plat map. The block shall identify each utility company, special district, _or municipality intended to service the subdivision. The block shall include: 6.2.9.2.7.1 The name -of the utility company. 6.2.9.2.7.2 A dated signature and statement from the representative of the utility company indicating one of the following: 6.2;9.2.7.2.1 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: 2466712 R-1521 P-508 12/07/95 04:32P PG 29 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 30 6.3.1.1 The planner shall schedule a Planning Commission meeting date not more thansixty (60) days after the complete application has been submitted. 6.3.1.2 1 -he planner shall schedule a hearing before -the Utilities Advisory Coordinating Committee. This hearing will be held prior to the Planning Commission meeting. 6.3.1.3 Theplanner 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 thescheduled public hearing. 6.3.1 A 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. 6.31.5 The planner shall post a -sign on theproperty 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 sgn shall beposted in the most prominent -place on the property and a second sign shallibe 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 (1D) days preceding the hearing date. Each signshallshow the following information. 6.3.1.3.1 The assignedpreliminary plan application numbers. 6.3.1.52 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. 2456712 B-1521 P-508 12/07/95 04:32P PG 30 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 31 6.3.1.5.5 The acreage of the parcel under consideration. 63.1.5.6 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 beat least ten (10) days prior to the hearing. 6.3.1.7 The planner shall refer the application to referral agencies, when applicable, for reviewand comment. The agencies shall respond within twenty-one (21) days after the mailing of the applicationby the County. The failureDfany agency to -respond within twenty-one (21) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicitedby Weld County are intended to provide the County with information about the proposed preliminary plan. The Planning Commission and Board may -consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the County. The authority -and responsibility for making the decision to approve or deny the request -for a preliminary plan rests with the Board. The preliminary plan referral agencies include: 6.3.1.7.1 The Planning Commissioner 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 CountyEnvironmental 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. 2466712 B-1521 P-508 12/07/95 04:32P PG 31 OF 76 952050 DRD173 RE: ORDINANCE NO. 173-C PAGE 32 63.1.7.7 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 andapproval. 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. 6.3.1.9 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 6.3.1.9.12 are met. The applicant shall demonstrate the following: 2466712 B-1521 P-508 12/07/95 04:32P PG 32 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 33 6.3.1.9.1 That the proposed subdivision is located within an _Urban Growth Boundary -area as defined and adopted in any approved intergovernmental agreement(s), or as defined in the Weld County Comprehensive Plan; 6.3.1.9.2 Compliance with the Weld County Comprehensive Plan and the zone district in which the proposed subdivision is located. 6.3.1.9.3 Comments received from referral agencies have been addressed, if applicable. 6.3.1.94 That definite provision has been -made for a water supply that is sufficient in terms of quantity, dependability and quality to provide water for the subdivision, including fire protection. 6.3.1.9.5 That, ifs 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 ofsubmission of thesubdivision. 6.3.1.9.6 That streets within the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic needs of the subdivision in accordance with the requirements set forth in Section 10 of this Ordinance. 6.3.1.9.7 That off -site street or highway facilities providing access to the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. 6.3.1.9.8 That facilities providing drainage and stormwater management are adequate. 6.3.1.9.9 The subdivision will not cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, hospital, solid waste disposal, and other services. 246n712 13-1.521 P-508 12/07/95 04:32P PG 33 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 34 6.3.1.9.10 The subdivision will not cause air pollution violations based on Colorado Department of Public Health and Environment standards. 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 Set a Board public hearing to take place not more than thirty (30) days afterTeceipt 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 thescheduled 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 An 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 &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 2466712 B-1521 P-508 12/07/95 04:32P PG 34 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 35 that the standards of 6.3.15.1 through 6.13.5.12 are met. The applicant shall demonstrate the following: 6.14.1 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 fora public supply that is sufficient in termsbf quantity, -dependability, and quality to provide water for the subdivision, including fire protection. 6.3.4.5 That, if a public sewage disposal system is proposed, provision has been made for the system and, if other methods of sewage disposal areproposed, evidence that such systems will comply withstate and local laws and regulations which are in effect at the time of submission of -the subdivision. 6.3.4.6 That streets within the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements needs of the subdivision in accordance with the requirements set forth in Section 10 of the Ordinance. 6.3.4.7 That off -site street or highway facilities providing access to the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. 6.3.4.8 That facilities providing drainage and stormwater management are adequate. 6.3.4.9 The subdivision will not cause an unreasonable -burden -on the ability of local governments or districts to provide fire and policeprotection, hospital, solid waste disposal, and other services. 2466712 B-1521 -P-508 12/07/95 04:32P PG 35 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 36 6.3.4.10 The subdivision will not cause air pollution violations based on Colorado Department of Public Health and Environment -standards. 6.3.4.11 The subdivision conforms to the subdivision design standards of Section 10. 6.3.4.12 The subdivision will not have an undueadverse effect on wildlife and its habitat, the preservation of agricultural land, and historicalsites. 63.4.13 The Board of County Commissioners' -final decision will be 'by resolution. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. SECTION 7: MAJOR SUBDIVISION FINAL PLAT -- 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 finalplat. A final plat shall -be submitted for approval within nne (1) year of the date a preliminary plan has been approved by the Board of County Commissioners. No final plat submission shall be accepted after expiration of the one (1) year period unless an extension of time has been granted 'by the Board. An extension of time may be granted by the Board _upon written request of the subdivider within one (1) year of the date of approval of the preliminary plan. Any plat submittedafter expiration of the approval period withouta time extension shall beprocessedasa new preliminary plan application. The final plat shall conform to the approved preliminary plan. The Board may approve a modified final plat if changes reflect improvements in design or changes have occurred to surrounding land uses or the -environment since the time of the preliminary plan approval. 7.2 The following information shall be submitted as part of a final plat application. 7.2.1 A final plat application form provided by the planner. 7.2.2 A copy of a title commitment issued by a title insurance company ora title opinion by an attorney licensed to practice in the State of Colorado. The commitment or opinion shall set forth the names of all owners of property. The commitment or opinion shall include a list of all mortgages, judgments, liens, easements, 2466712 R-1521 P-508 12/07./95 04:32P PG 36 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 37 contr-acts, 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 theapplication, theBoard may require them to join in and approve it. The title commitment or opinion shall be completed within thirty (30) days prior to the application submission date. 7.2.3 On separate sheets attached to the final plat application form, the following information is required: 7.2.3.1 A description of the type of _uses proposed for the subdivision. 7.2.3.2 A summary of any concerns identified during the preliminary plan application process with an explanation of how the _concerns will be addressed or resolved. 7.2.3.3 The total number of lots proposed. 7.2.3.4 A description of the subdivision circulation system, including sidewalk width, road width, type and depth of road surface, curb -and gutter, valley pan, or width and depth of borrow ditches, and vehicle parking arrangement. 7.2.3.5 A statement indicating if_on-street parking will be permitted within the proposed subdivision. 7.2.3.6 A statement describing the ownership, function, and maintenance of any school site, open spaces, or park within the proposed subdivision. 7.2.3.7 If the applicant is to_dedicateland-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 246671.2 B-1521 P-508 12/07/95 04:32P PG 37 OP 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 38 and estimated yield of claimed water rights; amenability ofexisting rights to change in use; evidence that a public or private water supply is available. Theamount of water available foriise 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 otheragency. 7.2:3.11 A_description of the proposed sewer system. The description shall include an estimate of the total number of gallons perday 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-apublic-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. 7.2.3.17 Proof of an -existing easement or dedicated right-of-way when it is contiguous to an easement or right-of-way of the proposed subdivision. 7.2.3.18 A proposed subdivision improvements agreement executed by the applicant. The agreement formsare provided by the planner. The 2466712 8-1521 P-508 12/07/95 04:32P PG 38 OF 76 952050 DRD173 RE: ORDINANCE NO. 173-C PAGE 39 agreement shall be made in accordance with the Weld County policy on collateral for improvements. 7.2.3.19 If applicable, an -off -site road improvements agreement executed by the -applicant. The agreement shall be in accordance with Section 13.2 of this Ordinance. 7.2.3.20 A drainage report shall be prepared in compliance with the requirements of Section 10.12and 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 Theiplat shall be delineated in nonfading permanent black ink on -a dimensionally -stable polyestersheetsuch 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 sc-ale of one (1) inch equals one -hundred (100) feet (1" = 100'). 7.2.6.2 A photo mylar copy or diazosensitized mylar copy of the original ink drawing, three (3) millimeters or greater in thickness, may be submitted. 2466712 -B-1521 P-508 12/07/95 04:32P PG 39 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 40 7.2.6.3 The final plat submitted shall -contain the original signatures and seals -of all parties required. If a photo mylar copy or diazo sensitized mylar copy is submitted, the original signatures and seals must be contained thereon. 7.2.6.4 If a subdivision requires more than two (2) sheets, a map showing the relationship of the individual sheets shall be required. 7.2.6.5 All work shall comply with the requirements of C.R.S. 38-50-101, 38-51-101, 38-51-102, 38-53-103, and 38-53-104. 7.2.6.6 All work shall -comply with the requirements of the "Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors" and "Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors -Board Policy Statements." 7.2.6.7 The subdivision plat shall be referenced to at least two (2) public land survey monuments of record in accordance with C.R.S. 38-53- 102 (7). 7.2.6.8 A signed copy of all Colorado Land Survey Monument Records for indicated "Aliquot Corners" will be submitted with the final plat in accordance with C.R.S. 38-53-102 (2). If an "Aliquot Corner" indicated on the final plat is substantially as described in an existing record previously filed and in the -appropriate records of the Clerk and Recorder, a copy of that monument record and a letter -of certification stating that it isas described thereonshall 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. 2466712 B-1521 P-508 12/07/95 04:32P PG 40 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 41 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, legalsiescription, 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 givenand 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 thebearings 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 radiusef curve, central angle, -chord distance, -and bearing. 7.2.7.6 Any parcel that is excepted from the subdivision shall be marked, "not included in this subdivision". The boundaries of an excepted parcel shall be identified by bearings and distances. 7.2.7.7 All streets, walkways, -and alleys -shall be designated and identified by bearings and dimensions. All street names shall be shown. 7.2.7.8 All easements that are -not parallel to a lot line shall be designated and identified by bearings and dimensions. 7.2.7.9 The location of -easements along lot lines for water, sewer, electric, gas, telephone, and any other utilities within the proposed subdivision. Utility easements shall be designed to meet this Ordinance requirements. 2466712 B-152.1 P-508 12/07/95 04:32P PG 41 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 42 7.2.7.10 ,4 utility service statement block shall appear on the final plat map. The block shall identify each utility company, special district, or municipality intended to provide service to the proposed subdivision. The block shall include: 7.2.7.10.1 The name of each utility service company. 7.2.7.10.2 A dated signature and statement from the representative of the utility company indicating_one of the following: 7.2.7.10.2.1 Service is available. 727.10.2.2 Service is available, subject to the following specific conditions. 7.27.10.2.3 Service is not available for the proposed subdivision. 7.2.7.11 All land within the boundaries of the subdivision shall be accounted for either as lots, easements, rights -of -way, private street, alley, walkway, trail, or public area. 7.2.7.12 If a -final -plat is revised, a copy of the original final plat shall be provided -for comparison purposes. 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 AD., 19 (Owner, Mortgagee, or Lienholder) 2466712 B-1521 P-508 12/07/95 04:32p PG 42 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 43 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: 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:hecking. I further certify that the survey and this plat complies with all applicable rules, regulations, and laws of the State of Colorado, State Board of Registration For Professional Engineers and Professional Land Surveyors, and Weld County. By: Registered Land Surveyor Date 7.2.7.13.3 Certificate of Approval by the County Commissioners: This plat is approved by the Board of County Commissioners of Weld County, State of Colorado. Approval of this plat does not constitute acceptance of any dedication. Witness my hand and the corporate seal of Weld County this day of A.D., 19 Chairman, Board of County Commissioners ATTEST: Weld County Clerk to the Board 2466712 8-1521 P-508 12/07/95 04:32P PG 43 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 44 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 belated and -bear the signature and seal of the engineer. The road plans shall include the following minimum data. 7.2.9.2.1 Plans and profiles (to suitable scale) of all roads to be improved. 7.2.9.2.2 Typical cross section (to suitable scale) of roads, culverts, and bridges, if applicable. 7.2.9.2.3 Typical road section, including pavement design supported by soil reports, test results, and computations. 7.2.9.2.4 Typical or specific details of road intersections and cul- de-sacs. 7.2.9.2.5 A complete estimate of costs shall accompany the road plan. 7.2.9.2.6 All road plan information shall be complete -and sufficient for review -by the County Engineer. 7.2.10 A certificate from the County Treasurer showing no delinquent taxes for thefinal plat area. 7.2.11 A title commitment or a title opinion covering all public dedications. 2466712 B-1521 P-508 12/07/95 04:32? PG 44 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 45 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. 7.3.1 If the final plat -application complies with the approved preliminary plan application, the planner shall notify the Clerk -to the Board -to schedule a Board hearing date not more than) 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% public hearing date to those persons listed in the application as owners of property located within five -hundred (500) feet of the parcel under consideration. The notification shall -be mailed first class not less than ten (10) days before the scheduled public hearing. 7.3.3 The Clerk to the Board shall give notice of the application for a final plat and the Board's public hearing date to those persons listed in the application as owners and lessees of the mineral estate on or under the parcel under consideration. The notification shall be mailed first class not less than ten (10) days before the scheduled public hearing. 7.3.4 The 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 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) daysipreceding the hearing date. Each sign shall show the following information. 7.3.4.1 The assigned final plat application number. 7.3.4.2 The date, time, and place of the public hearing. 7.3.4.3 The phone and location of the Department of Planning Services. 7.3.4.4 The applicants name. 2466712 8-1521 P-508 12/07/95 04:32P PG 45 OF 76 )52050 RD173 RE: ORDINANCE NO. 173-C PAGE 46 7.3.4.5 The acreage of the parcel under consideration. 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. 7.3.6 The planner shall prepare _comments for use by the Board addressing all aspects of the application including the following: 7.3.6.1 That the proposed subdivision is located within an Urban Growth Boundary _area as defined _and adopted in any approved intergovernmental agreement(s), or as defined in -the Weld County Comprehensive Plan. 7.3.6.2 Compliance with the Weld County Comprehensive -Plan and the zone district in which the proposed subdivision is located. 7.3.6.3 That comments received from referral agencies have been addressed, if applicable. 7.3.6.4 That definite -provision has been made for a water supply that is sufficient in terms of quantity, dependability, and quality to provide water for the subdivision including fire protection. 7.3.6.5 That, if a publicsewage disposal system is proposed, provision has been made for the system and, if other methods of sewage disposal areproposed, evidence that such systems will comply with state and local laws -and regulations which are in effect at the time of submission of the subdivision. 7.3.6.6 That streets within the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. 7.3.6.7 That off -site street 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. 2466712 B-1521 P-508 12/07/95 04:32P PG 46 OF 76 .352050 ORD173 RE: ORDINANCE NO. 173-C PAGE 47 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 localsgovernments 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 toxonsider the application and to take final action thereon. In making a decision on the final plat application, the Board shall consider the recommendation of the Department of Planning Services, the facts presented at the public hearing, and the information contained in the official record, including the planner's case file. 7.3.7.1 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), oras 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 2466712 B-1521 P-508 12/D7/95 04:32P PG -47 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 48 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. 7.3.71:6 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 An 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. 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 2466712 B-152.1 P-508 12/07/95 04:32P PG 48 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 49 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 asubdivision improvements agreement. 7.4 The Board may, without a hearing or compliance with any of the submission, referral, or review requirements of this ordinance, approve a correction -plat if the sole purpose of such correction plat is to correct one or more technical errors in an approved plat. The correction plat shall be consistent with the approved final plat. Section 7 shall be followed when proposing other changes to a recorded final plat. SECTION 10: DESIGN -STANDARDS 10.1 All subdivisions, except minor subdivisions, approved by the Board shall comply with the followingstandards. 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, mudilows, rockfalls, snowdrifts, possible mine subsidence, shallow water table, open quarries, floods, and polluted or nonpotable water supply shall be identified -and shall not be subdivided until the hazards have been eliminated or will be eliminated by the subdivision and construction plans. 10.1.1.3 Provision shall be made to preserve groves of -trees, streams, unusually attractive topography, and 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, utilityand drainage easements, and open spaces. 10.1.1.5 All subdivision designs shall be certified by a registered professional engineer licensed in the State -of Colorado. 2466712 8-1521 P-508 12/D7/95 04:32P PG 49 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 50 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-CountyTegulations. 10.2.1.4 Intersections --A local street shall not intersect an arterialstreet. 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 approvalby-the Board. 10.2.1.5 Alleys -- Service access to the interior of blocks maybe permitted upon approval of theDoard. 10.2.1.8 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 BO feet 10.2.1.7.2 Collector 80 feet 10.2.1.7.3 Arterial 100 feet 2466712 8-1521 P-508 12/07/95 04:32P PG 50 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 51 10.2.1.8 County Streets shall have the following minimum lane and shoulder width: 10.2.1.8.1 Street Lane Width Shoulder Width 10.2.1.8.2 Local 10 feet to 11 feet .. 4 feet 10.2.1.8.3 Collector 12 feet 6 feet 10.2.1.8.4 Arterial 12 feet 8 feet 10.2.1.9 Lane and shoulder widths for an arterial street withan average daily traffic count greater than 1,250 vehicles is determined on an individualproject 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 theBoard. 10.2.1.11.4 The subdivider guarantees the construction of the improvements on the half -street serving the subdivision. ¶0.2.1.12 Dead-end Streets (not cul-de-sacs) -- Dead-end streets shall not be permitted. 102.1.13 Cul-de-sac Streets -- Permanent cul-de-sac streets serving no more than twenty (20) lots may be permitted 2466712 8-1521 P-508 12/07/95 04:32P PG 51 OF 76 2050 vrrD173 RE: ORDINANCE NO. 173-C PAGE 52 and must -be provided with a right-of-way turnaround of sixty-five (65) feet radius or more and the -outside curb or pavementedge radius must be fifty (50) feet or more. 10.2.1.14 Number of Streets at Intersection -- No more than two streets shall intersectat one point. 10.2.1.15 Angle of Street Intersections--Btreetsshall 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-ofstreet names within the area. 10.2.3 Geometric Design Standards -- Geometric design for streets and roads shall be in accordance with A Policy on the Geometric Design of Highways and Streets published by the American Association of -State Highway and Transportation Officials. Specific-ations, standards, or design criteria published by other governmentalagencies, 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 -- Structuralcapacityshall 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. 2466712 B-1521 P-508 12/07/95 04:32P PG 52 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 53 10.2.5 Design Traffic Information -- Traffic count information and projections for use in geometric and road design shall be in accordance with the Trio Generation Manual _published by the Institute of Transportation Engineers. 10.2.6 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, 9r 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. 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 pedestrian 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 10.51 All buildable lots within a subdivision shall meet the minimum regulations established by Weld County, the State of Colorado, and the Federal Government. 2466712 B-152.1 P-508 12/07/95 04:32P PG 53 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 54 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. 10.3.3 The minimum area and dimensions of all lots shall conform to the requirements of the applicablezone district. 10.5A 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 Lotsshall not be less than thirty (30) feet in width at the front property lines. 10.5.9 Double frontage and reverse -frontage lots shall not be permitted except where essential to provide separation of residential properties from -arterial streets or commercial uses. 10.5.10 A flag lot configuration shall be avoided when possible. The minimum width of a flag lot appendage shall be thirty (30) feet. 10.6 Easement Standards 10.6.1 Easements -shall follow rear and side lot lines whenever practical and shall have a minimum total width of twenty (20) feet apportioned equally on -abutting properties. 10.6.2 Where front line easements are required, a minimum of fifteen (15) feet shall be allocated -as -a utility easement. 10:6.3 Easements shall bexdesigned 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 2466712 B-1521 P-508 12/07/95 04:32P PG 54 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 55 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 works prior to making a recommendation. No sewage disposal system -plan shall receive theapproval of the Board unless the Health Department has made a favorable recommendation. Appeal of an unfavorable Health DepartmentTecommendationshall be in accordance with theprocedures set out in Section 3.11 -of the Weld County Individual Sewage Disposal Regulations. 10.8 Water Supply -- Water supplysystems shallbe 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 is proposed, the applicant shall provide a certified letter from the State Engineer stating that proper waterTights have been acquired, or a proper nontributary source is reasonably available for the future use,prior to approval of the subdivision. 10.8.1.3 The central water supply system shall contain mains and 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 installsuch facilities, -or shall require by -deed restriction or otherwiseasa condition of -the sale of each lot that the facilities be installed by thepurchaser of said lot at the time the principal building is constructed. 10.8.2.2 Where water supply systems are proposed for individual lots, a geologic report shall be submitted and shall contain a specific section on ground water geology prepared by a qualified _ground water geologist or engineer stating the following: 2466712 B-1521 P--508 12/07/95 04:32P -PG 55 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 56 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 orsystems. 10.8.22.3 Compliance with Colorado Revised Statutes. 10.8.2.2.4 The expected depth to usable water. 10.8.22.5 The expected quality of the anticipated water. 10.8.2.2.6 Any expected significant problems of a long-term supply, including but Tot limited to, pollution or long-term maintenance of such wells or systems. 10.82.2.7 The anticipated _cumulative effect of such water use on other vested water rights in the area. 10.-82.2.8 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 subdivisionapplicationshall 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 1D.11.1 A -sketch plan drainage report shall be submitted with the -sketch plan application submittal. The sketch plan drainage reportshall be prepared by a registered 2466712 B-2521 P-508 12/07/95 04:32P PG 56 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 57 professional engineer licensed in Colorado. The -report shall beiproperly certified and signed by suchangineer. 10.11.2 The purpose of the sketch plan drainage report is to identify and define _conceptualsolutions to existing problems or problems that will -occur on -site and off -site as a result of the proposedsubdivision. 10.11.3 The sketch plan drainage report shall be in accordance with the following outline and contain the applicable information listed. Failure to comply with the provisions of this section may result in the report being rejected for review. 10.11.3.1 10.11.3.2 10.11.3.3 10.11.3.4 The general legal description -for the proposed subdivision shall be described. The general location of the proposed subdivision with respect to adjacent public or private roads shall be described. The names of any developments within 1/2 mile surrounding the proposed subdivision shall be described. A general descriptionDf the -proposed subdivisioniproperty 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. 2466712 B-1521 P-508 12/07/95 04:32P PG 57 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 58 10.11.3.5.2 A discussion of major basin drainage characteristics. 19.11.3.5.3 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. 19.11.3.5.5 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: 11.11.3.8.1 A discussion of compliance with off -site runoff considerations. 11.11.3.6.2 A discussion of anticipated and proposed drainage patterns. 10.11.3.B.3 A discussion of the content of tables, charts, figures, plates or drawings presented in the report. 10.11.3.6.4 A presentation of existing and proposed hydrologic conditions with approximate flow rates entering and exiting the proposed subdivision with all necessary preliminary calculations. 10.11.3.6.5 A presentation of approach to accommodate drainage impacts or existing or proposed improvements and facilities. 10.11.3.6.6 A presentation of proposed drainage facilities with respect toalignment, material, and structure type. 10.11.3.67 A discussion of maintenance access and any other -aspect of thepreliminary design. 10.11.3.7 All criteria, master plans, -and technical information used in support of the drainage facility design concept shall be referenced. 2466712 B-152:1 P-508 12./07/95 04:32P PG 58 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 59 10.11.3.8 A general location map shall be provided in sufficient detail to depict general drainage patterns and identify drainage flows entering and leaving the proposed subdivision. The mapshall be at a -scale of 1 inch equals 1O00 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 ofthe drainage report is to update the concepts and to present the design _details for the drainage facilities presented in the sketch_plandrainage 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 reportshall 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. 10.12.1.2.2 A discussion of previousuirainage studies (i.e., sketch plan drainage report, project master plans) for the proposed subdivision in question that influence or are influenced by the drainage design and how the previous studies will affect drainage design for the site. 10.12.1.2.3 A discussion of the drainage impact of site constraints such as streets, utilities, proposed and existing structures. 2466712 B-1521 P-508 12/07/95 04:32P PG 59 OF 76 952050 ORD173 RE: ORDINANCE NO.173-C PAGE 60 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 conc-ept 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, plates, or drawings presented in the report. 10.12.2.4 A discussion of detentionstorage and outlet design when applicable. 10.12.23 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 proposedsubdivision. 10.12.4 A drainage plan map of the proposed subdivision -at a -scale from one inch equals 20 -feet to one inch equals 200 feet shall be included. The -drainage plan map shall show the following: 10.12A.1 Existingand 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 irrigationxlitches, roadside ditches, drainage ways, gutter flow directions, -and culverts. 2466712 13-1521 P--5508 12/07/95 04:32P PG 60 OF 76 952050 ORD173 RE: ORDINANCE -NO. 173-C PAGE 61 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 Proposed -type of street flow (i.e., vertical or ramp curb and gutter), roadside ditch, gutter flow directions, and cross pans. 10.12.4.7 Proposed atorm-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 Designand 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: 2466712 B-1521 P-508 12/07/95 04:32P PG 61 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE -62 10.13.3.1 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. 10.13.3.3 The development will not impede the flow of -natural water courses. 10.13.3.4 All low {points within the _proposed subdivision site are ensured adequate drainage. 10.13.3.5 Any drainage system proposed as part of any subdivision proposal is based on consideration of the drainage basin as a whole and is capable of accommodating not only runoff from the proposed development, but also, where applicable, the runoff from areas adjac-ent to and "upstream" from the subdivision proposal. 10.13.3.6 Provision exists in the design or operation of any proposed drainage facilities to ensure suitable provisions for maintenance. Weld County does not maintain drainage facilities. 10.13.3.7 Where a subdivision proposal will cause the introduction of new pollutants into the runoff water, provision will be made for the storage, treatment, and removal of such pollutants. 10.13.4 The storm frequencies to be used in the design of storm drainage systems shall be obtained from the Design Storm Frequency Table listed below. 10.13.4.1 Design Storm Frequencies Land use Residential Open Space Commercial Public Buildings Industrial Design Storm Period 5 years 5 years 10 years 10 years 10 years Road Crossings Conducting Drainage 2466712 B-1521 P-508 12/07/95 04:32P PG 62 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 63 Local Road Collector Road Arterial Road Natural Drainaae 10 years 25 years 50 years 25 years 10.13.4.2 Storm drainage facilities designed in accordance with the above design storm frequencies will be flooded in the event of storms exceeding the return periods shown. In no -case -shall a 100 -year design storm frequency cause inundation to any structure -or pose a hazard. 10.13.4.3 All storm water detention facilities shall be designed to detain the storm water runoff from the fully developed subdivision froma 100 - year storm and release the detained water at a quantity and rate not to exceed the quantity and rate of a 5 -year storm falling on the undeveloped site. 10.14 Airport Overlay District Requirements. If-asubdivision 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 OverlayDistrict Requirements. If a subdivision or portion ofa proposed subdivision is located in a geologic hazard overlay district area, all applicable regulations of the Weld County Zoning Ordinance shall be met. 10.17 Planned Unit Development Overlay DistrictRequirements: If a subdivision or portion of a proposed subdivision is located in a planned unit development overlay district area, all applicable regulations of the Weld County Zoning Ordinance shall be met. 10.18 Public_Sites and Open Spaces 10.18.1 The Board -of County Commissioners may require -the dedication, development, or reservation of parcels within a subdivision or PUD plan -for parks, greenbelts, or other necessary public purposes. The type of use, lot size, and Tesidential density shall be considered when determining parcels for necessary public purposes. 2466712 8-1521 P-508 12/07/95 04:32P PG 63 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 64 10.18.1.1 The required acreage as may be determined according to -Section 10.18 of this Ordinance shall be dedicated to a publicagency 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- narket value of the required acreage at the time of final plat submission of the required acreage es _determined according to Section 10.18. Such value shall be determined bye 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 10.5end divided by 1000. 10.18.1.4.2 Expected population shallbe determined by multiplying the total numberof 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 ofPlanning 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: 2466712 8-1521 P-508 12/07/»5 04:32P PG 64 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 65 10.20.'1.1 Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground and street lighting facilities. 10.20.1.2 All facilities reasonably nec-essary 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. 10.20.1.5 Deviations from the requirements, other than those listed above, shall be permitted only with -the approval of the Board who shall make such approval only in cases of extreme difficulty: SECTION 11: RULES AND REGULATIONS FORFX-EMPTIONS 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 (1D)(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 2466712 B-1521 P-508 12/07/95 04:32P PG 65 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE B6 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 districtforexisting 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-exemptionapplication: 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 conveyancesform provided by the planner. 11.3.4 A water supply statement. The statement will include evidence that -a water supply of sufficient quality, quantity, end dependability will beevailable to serve the two proposed lots. A letter from a water district, municipality, or a well permit are examples -of -evidence for domestic use. The water supply statement should also contain the type and quantity -of irrigation water available to the site, if applicable. 11.3.5 A -statement -explaining that the proposed lots will have adequate means for the disposal _of sewage in compliance with the requirements of the underlying zone district and the Weld County Health Department. 11.3.6 A description of how the property is being used. When the parcel(s) is located in the agricultural 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 production facilities -on the property. 2466712 B-1521 P-508 12/07/95 04:32P PG -66 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 67 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 will be created. 11.3.9 A statement explaining how the proposal is consistent with the Weld County Comprehensive Plan and any adopted municipal plan, and any approved intergovernmental agreement(s), if applicable. 11.3.10 A statement explaining how the -proposed uses will be compatible with -existing surrounding land uses. 11.3.11 A statement explaining how the proposal is consistent with the intent ofthe district it is located within as expressed in the Weld County Zoning Ordinance. 11.3.12 A statement explaining how the proposal is consistent with the purpose of in Section 1.3 of -this Ordinance. 11.3.13 A recorded exemption sketch map drawn at a suitable -scale on a sheet of paper 8'/ by 11 inches. The sketch map shall be legible and include the following information: 11.3.13.1 The boundary of the proposed recorded exemption property. 11.3.13.2 The boundaries of the two lots created by the proposed recorded exemption. 11.3.13.3 A north arrow. 11.3.13.4 All existing and proposed driveways and accesses associated with either lot. 11.3.13.5 The name of any existing roads or highways abutting the proposed recorded exemption property. 11.3.13.6 All existing structures on the proposed recorded exemption property. This includes principal and labor homes, mobile homes, manufactured homes, outbuildings, pens, irrigation ditches, and oil well production facilities. 2466712 8-1521 -P--508 12/07/95 04:32P PG -67 OF 76 x52050 ORD173 RE: ORDINANCE NO. 173-C PAGE 68 11.3.13.7 All easements or rights -of -way located on the proposed recorded exemption property. 11.3.13.8 All unique physical characteristics of the proposed Recorded Exemption property including but not limited to, substantial groves of vegetation, severe topographical conditions, substantial irrigation canals and water bodies. 11.4 Duties of the Department of Planning Services 11.4.1 The planner shall be responsible for processing and approving recorded exemption applications as delegated by the Board. The planner shall also have the responsibility of ensuring all application submittal requirements are met prior to initiating any official action. Once a -complete application is submitted, the planner shall: 11.4.1.1 Send the application to referral agencies for review and comment. The agency shall respond within twenty-one (21) _days after the application is mailed. The failure -of any agency to respond within twenty-one (21) days may be deemed a favorable response. All referral agency review comments are considered recommendations to Weld County. The authority and responsibility for approval and denial of a recorded exemption application rests with Weld County. The referral agencies include: 11.4.1.1.1 The Planning Commission or governing body of any municipality or County within a three (3) mile radius of the parcel under consideration for the proposedTecorded 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 WQld 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 olTransportation. 11.4.1.1.6 Any irrigation ditch company with facilities on or adjacent to the parcel under consideration. 2466712 B-1521 P-508 12/07/95 04:32P PG 68 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 69 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 completeepplication. The planner's recommendation shall consider comments received from referral agencies to determine if the application complies with Section 11A.2.1 through 11.4.2Si 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 Ordinanc-e. 11.4.2.4 Consistency with the purpose of efficient and orderly development as expressed in Section 1.3 of this Ordinance. 11.4.2.5 Compliance with the recorded exemption standards set forth in Section 11.8 of this Ordinance. 11.4.2.6 Adequate provision for the protection of the health, safety, and welfare of the inhabitants of -the neighborhood and the County. 11.4.3 Theapproval-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 2466712 B-]523 P-508 12/07/95 04:32P PG 69 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 70 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 11.51 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). 11.5.1.2 Compatibility with the existing surrounding land uses. 11.5.1.3 Consistency with the intent of the district the recorded exemption is located within asexpressed in the Weld_CountyZoning Ordinance. 11.5.1.4 Consistency with the -purpose of Section 1.3 of this Ordinance. 11.5.1.5 Compliance with the recorded exemption standards set forth in Section 11:8 of this Ordinance. 11.5.1.6 Adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. 11.5.2 The approval by the Board of County Commissioners -may be -conditioned or restricted to carry out the intent of Section 1.3 -of this 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 shallbe met prior to recording the plat and restrictions may be enforced by means of notes on the plat. 11.5 Recorded Exemption Resolution 11.6.1 A resolution -setting forth the decision of theBoard shall be drafted and signed. A record of -such action -and -a copy ofthe 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 2466712 871521 P-508 12/07/95 04:32P PG 70 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 71 11.7.1 A recorded exemption plat shall be prepared -after -a recorded exemption -application is approved. The plat shallbe 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.platshall be prepared by registered land surveyor in the State of Colorado. 11.7.1.2 The.platshall bedelineated 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 "stickythack", adhesive film, or kroy lettering 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 beet least three (3) mils or greater in thickness. 11.7.1.4 The plat submitted will contain the originalsignaturesand seals of all parties required to sign the plat. If _a photo mylar-copy or diazo sensitized mylarsopy 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 curvedatator any lot in excess of 35 acres created through a recorded exemption procedure provided the lot can be described without completing a boundary survey. Any lot to be created through a recorded exemption procedure which is less than 35 acres in size shall show the bearings, lengths, and curve data of the lot lines. If both lots to be created through a recorded -exemption procedure are less than 35acres, then the bearings, lengths, and curve data shallbe shown 246h'12 B-1521 P-508 12/07/95 04:32P PG 71 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 72 around the perimeter of both lots. A boundary survey shall be required around the perimeter of both lots. A boundarysurvey shall be required for any irregular shaped lot which does not have a natural boundary and cannot be accurately described without standards for land surveys and plats in Title 38, Article 51, Colorado Revised Statutes. 11.7.1.8 The plai shall include a vicinity sketch map at a suitable scale. The map shall locate the recorded exemption lots with respect to adjacent roads and _other major land features. 11.7.1.9 The plat -shall include an accurate drawing_ofthe two (2) approved lots. The smaller parcelshall be designated "Lot-A"and the larger parcel "lot B". The acreage -for "Lot A" -and "Lot B" shallbe 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. "Lota" shall also be surveyed, if required by Section 11.7.6, unless it is 35 acres or_greater and the approximate dimensions for the boundary of Lot B cante given. Existing public rights -of -way providing access -to both lots shallbe shown. 11.7.1.10 All work -shall comply with the requirements of C.R.S.-Sections 38- 50-101, 38-51-1O1, 38-51-102, and 38-53-103, and 3853-104. 11.7.1.11 All work shall comply with the requirements of the "Bylaws And Rules of Procedure of the State Board of Registration for Professional Engineers And Professional Land Surveyors" and the "Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors - Board Policy Statements." 11.7.1.12 The platshall 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) 2466712 8-1521 P-508 12/07/95 04:32P PG 72 OF 76 _.12050 ORD173 RE: ORDINANCE NO. 173-C PAGE 73 The foregoing certification was acknowledged before me this day of A.D., 19 My Commission Expires: Notary Public Witness my Hand and Seal 11.7.1.12.2 Surveying Certificate example: I, a Registered Professional Land Surveyor in the State -of Colorado, do hereby certify that this Recorded Exemption plat was prepared under my personal supervision, -and that this plat is an accurate representation thereof. I further certify that the survey and this plat complies withallapplicable-rules,-regulations, and laws of the State ofC-olorado,5tate 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 Commissioner's Certificateax-ample: 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 theBoard 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. 246h7'12 B-1521 -P-508 12/07/95 04:32P PG 73 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 74 Department of Planning Services Director The foregoing certification was acknowledged before -me this , A.D., 19 My Commission expires: day of Notary Public Witness my hand -and Seal 11.7.1.12.5 Easement Certificate example: This certificate shall be used when any easementxrosses 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: 111.8.1 The water supply for both lots as proposed by the recorded exemptionapplication isadequate 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 £hall comply with the requirements of the applicable zone district -and the Weld County Health Department. 11.8.3 An adequate legal access exists for both proposed lots to a public road. All accesses shall be in accordance with Section 3 of the "Weld County Public Works Policies", Ordinance No. '180, as amended. 11.8.4 The proposed recorded exemption will comply with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations. 11.8.5 The minimum sizeof 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. 2466712 B-1521 P-508 12/07/95 04:32P PG 74 OF 76 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 75 11.8.6 The decision to approve a recorded exemption may be conditioned -to mitigate impacts or address concerns of referral agencies. Existingorfuture public rights - of -way shall te dedicated or reserved in conformance with the Weld County Comprehensive Plan and any adopted intergovernmental agreements, or master plans ofaffected 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 twic-e the minimum lot size (160 acres), a portion of the lot equal to the minimum lot size (80 acres) maybe used in the recorded exemption application. 11.88 The proposed recorded exemption is not part of an approved recorded exemption within the last ten (10) years. 11.8.9 The proposed -recorded exemption is not part -of an approved subdivision or recorded _subdivision plat or unincorporated -community legally filed prior to adoption of any-regulationsoontrolling subdivisions. 11.8.10 Theproposed recorded exemption does not evade the statement of purpose as set forth in section 1.3 of this Ordinance. 11.9 Recorded exemption correction 11.9.1 The Board or planner may approve a correction to a recorded -exemption. The correction shall only address technical errors where such correction is consistent with the approved plat and application. 11.10 Amendments 11.10.1 Any -change to a previously approved recorded exemption which is not a correction -as defined in Section 11.9ofthis Ordinance, shall be processed as a new recorded -exemption, if eligible. BE IT FURTHER ORDAINED ty the Board, if any _section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted -this Ordinance in each and every section, subsection, paragraph, sentence, clause,and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 2466712 x-1521 P-508 12/07/S5 04:32P PG 75 OF 75 952050 ORD173 RE: ORDINANCE NO. 173-C PAGE 76 BE IT FURTHER ORDAINED by -the Board this Ordinance shall become effective in accordance with the terms of Article III, §3 -14(2) -of the Weld County HorneRule 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 oneadditional application for a recorded exemption one parcel which has been a part of a recorded exemption which was approved or had an application pending as of October25, 1995. The above and foregoing Ordinance Number 173-C was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, AD.., 1995. � 1 ATTZST:1 Weltlt ou 'qY1 f �= Clerk to the Board A 0 0 Deputy Clerk t the Board APPROjIEP AS TO FORM: y Attorne First Reading: October 25, 1995 Publication: November 2, 1995 Second Reading: November 13, 1-995 Publication: November 16, 1995 Final Reading: November 27, 1995 Publication: November 30, 1-995 Effective: December 5, 1995 BOARD OF COUNTY COMMISSIONERS COUNTY, _CO OORAaO /c22 2 1/-74 (AYF) arbar� J, Kirkmeyer, Pro-Tem 2t (AYF) (AYF) Constance L. Harbert // w ) /a v K (NAY) Weboter 246671.2 B-1521 P-508 12/07/95 04:32P PG 76 OF 76 952050 ORD173 Hello