HomeMy WebLinkAbout20233499.tiffNotice of Final Reading of Ordinance
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-16 was introduced on
first reading on December 4, 2023, and a public hearing and second reading was held on
December 20, 2023. A public hearing and final reading was completed on January 8, 2024, with
changes being made as listed below, and on motion duly made and seconded, was adopted. The
effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.weld.gov). Email messages sent to
an individual Commissioner may not be included in the case file. To ensure inclusion of your
email correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2023-16
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public
Works of the Weld County Code
Effective Date: January 19, 2024, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: January 11, 2024
Published: January 14, 2024, in the Greeley Tribune
Changes Made to Code Ordinance 2023-16 on Final Reading
Amend Sec. 8-1-30. Snow removal priorities, to read as follows:
A. — No change.
B. Communications Command and control.
Remainder of section — No change.
Amend Sec. 8-1-50. Response plan for extreme snow and ice events, to read as follows:
The following policy sets in place criteria for managing snow and ice removal efforts on
the County roadway network during extreme weather events.
A. Weather event definitions. Snow events are categorized using a storm level scale based
on reports from the field as to the severity of conditions, as well as other methods,
including forecasts, satellite images, weather stations and common sense. With the vast
expanse of Weld County, storm levels may vary depending on conditions in that area. The
levels of storms are defined below:
Remainder of section — No change.
Amend Sec. 8-2-20. Improvements Agreements, to read as follows:
Depending on the land USE project, there are several different types of possible
Improvements Agreements that may be required. It is the intent that Improvements Agreements
will be in place prior to final approval of the use. Construction of any safety improvements are
intended to be completed prior to operation or issuance of building permit(s).
Remainder of section — No change.
Delete Sec. 8-5-40.
Delete Sec. 8-5-50.
Delete Sec. 8-5-60.
Amend Sec. 8-5-40. Vested right.
Remainder of section — No change.
Amend Sec. 8-6-150. Road maintenance acceptance policy for public roads, to read as
follows:
Persons desiring to obtain County maintenance of public roads shall first address such
request to the Board of County Commissioners for its consideration at one (1) of its regularly -
scheduled business meetings. The person making the request shall be responsible to pay the
entire cost of notification to owners and/or occupants of lands lying adjacent to the roadway. Such
notification shall include a description of the request and shall set forth the time and place of the
Board consideration. County maintenance of public roads may occur only if authorized by
resolution of the Board of County Commissioners. Before a public road may be authorized by the
Board for maintenance, the road must meet the following minimum conditions:
A. thru E. — No change
F. The following shall be the minimum acceptable standards before a road is accepted for
maintenance:
1. — No change.
2. Borrow ditches shall be a minimum of twenty-four (24) inches deep with 4:1 side
slopes and graded to provide adequate drainage on a case -by -case basis.
3. All driveway side road borrow ditches shall be sufficient to carry the five-year storm
or be a minimum of a fifteen -inch -diameter culvert or culvert size based on the
upstream and downstream culvert size as determined by the Director of Public
Works. Crossroad drainage structures shall be sufficient to carry the ten-year
storm or be a minimum of a fifteen -inch culvert as determined by the Director of
Public Works.
4. — No change.
5. A minimum of four (4) inches of compacted surface gravel in accordance with
Table 9-12 of the Weld County Engineering and Construction Criteria found in
Appendix 8-Q.
Remainder of section — No change.
Amend Sec. 8-11-110. Revegetation, to read as follows:
A. Weld County utilizes the information provided in the Revegetation Chapter of the MHFD
Manual (Volume 2), and the Best Management Practices Chapter of the MHFD Manual
(Volume 3). Weld County has recommended seed mixes that are applicable to specific
areas of the County. These seed mixes can be found in the Weed Management Section
of the Weld County Public Works Website. Noxious weeds shall be controlled on site,
pursuant to Chapter 15, Articles I and II, of the Weld County Code.
Remainder of section — No change.
Amend Sec. 8-12-40. Definitions, to read as follows:
For the purpose of this Article, the following terms, phrases, words and their derivations
shall have the meanings given herein:
Right-of-way (ROM): means a strip of land that is dedicated or granted to, and accepted
by, Weld County for transportation purposes, such as a roadway or highway, whether maintained
or non -maintained by Weld County. The term is used as both singular and plural.
Remainder of section — No change.
Amend Sec. 8-12-60. Application review, Grading Permit issuance, permit expiration and
permit extension, to read as follows:
A. and B. — No change.
C. Permit Limitations. A Weld County Grading Permit requires the Permit Holder to meet
certain permit specifications and general engineering standards. Weld County shall be
responsible for ensuring compliance with such specifications and standards. The issuing
and granting of the Grading Permit shall not be construed to be a permit for, or an approval
of, any violation of any of the provisions of this Article or of any Federal, State or County
regulations. Additionally, the issuance of the Grading Permit shall not be construed as the
approval or issuance of any necessary permits referred to in this Code.
Remainder of section — No change.
Amend Sec. 8-12-80. Permit Holder's general responsibilities, to read as follows:
A Permit Holder is responsible for the following items. Additional requirements and more
detailed information are shown in the Special Provisions of the Grading Permit.
A. — No change.
B. Other Permits. The Permit Holder shall secure all permits required by federal, state and
local agencies. Permit Holder may need to provide additional documentation in order for
the County to make a determination if a grading permit is required.
Remainder of section — No change.
Amend Sec. 8-12-90. Inspections, to read as follows:
A. — No change.
B. It shall be the responsibility of the Permit Holder to notify the County when work is ready
for inspection. Weld County requires that every request for inspection be received at least
forty-eight (48) hours before such inspection. Such requests may be made by telephoning
or emailing the Department of Planning Services. The presence of County employees on -
site shall not guarantee or qualify the Permit Holder's performance. The Weld County
Grading Permit must be available on -site for review by County staff. Failure to comply may
result in suspension of the Grading Permit.
C. To ensure compliance with this Article, the County may make, or require, inspections
and/or testing of any work as deemed necessary. Work performed without required
inspections shall be subject to removal and replacement at the Permit Holder's expense,
regardless of the quality of the work. Any inspection required outside of the normal working
hours will be paid for by the Permit Holder. Certain types of work may require continuous
inspection. When such projects exceed the County's ability to provide ample inspection,
the Permit Holder will incur the cost for providing a private inspection firm to conduct
inspections as needed. This third -party inspector will be appointed by the County prior to
issuance of the Grading Permit.
Amend Sec. 8-12-120. Failure to comply with terms of grading permit, to read as follows:
A. — No change.
B. The Permit Holder shall prevent releases of sediment and water from construction sites
that have the potential to cause damage to private property or County -maintained
infrastructure. In the event that construction activities result in erosion or sediment and
water discharges causing damage, the Permit Holder shall immediately attempt to prevent
further harm, by installing or replacing appropriate control measures and by correcting any
unsatisfactory work.
Remainder of section — No change.
Amend Sec. 8-12-130. Permit suspension or revocation, to read as follows:
A. — No change.
B. The grading permit will be suspended should the County determine that the Permit Holder
has committed a substantial breach of the terms or conditions of any statute, ordinance,
rule, or regulation, or any condition of the Grading Permit itself. Weld County will notify the
Permit Holder of the Grading Permit suspension by either phone, or in writing, and
mandate that the Permit Holder remedy the violation. The demand shall state that
continued violations may be cause for revocation of the Grading Permit. Further, a
substantial breach shall allow the County to place additional or revised conditions on the
Grading Permit.
Remainder of section — No change.
Amend Sec. 8-13-60. Application review, Right -of -Way Use Permit issuance, permit
expiration and permit extension, to read as follows:
A. Review Process. The application and other data filed by an applicant for a Right -of -Way
Use Permit shall be reviewed by the Department of Public Works. The application may
also be reviewed by other departments or agencies to verify compliance with any
applicable laws. If the Department of Public Works finds that the work described in an
application for a Right -of -Way Use Permit conforms to the requirements and regulations
set forth in this Article, meets the requirements defined in the Weld County Engineering
and Construction Criteria Manual (Appendix 8-Q) or other pertinent laws regulations or
ordinances, and that all required fees have been paid, a Right -of -Way Use Permit shall be
issued to the applicant. Criteria upon which the Right -of -Way Use Permit shall be
considered include, but are not limited to, the following:
1. — No change.
2. Constructability: All construction, maintenance or excavation within the County
road right-of-way must be able to be performed according to general construction
practices.
Remainder of section — No change.
Amend Sec. 8-13-140. Enforcement, to read as follows:
A. — No change.
B. Criminal Penalties.
1. It is unlawful to occupy, construct or excavate within any Weld County road
right-of-way or encroach upon any County road right-of-way, unless a Right -of -
Way Use Permit is first issued. Any person, firm or corporation violating any
provision of this Article is guilty of a Class 2 petty offense, which, upon conviction
thereof, shall be punishable by a fine of three hundred dollars ($300.00) or by
imprisonment in the County jail for not more than ten (10) days, or by both such
fine and imprisonment, for each separate violation. Each day during which such
violation continues shall be deemed a separate offense.
Remainder of section — No change.
Amend Sec. 8-14-30. Regulation of access onto County roadways, to read as follows:
A. thru C. — No change.
D. Emergency Access. Police, fire, ambulance and other emergency providers may have
direct access to County roadways, on a case -by -case basis in the interest of public safety.
If allowed, the emergency access is not intended to be used as a primary access
access ble to the general public. The emergency access may be exempt from the
minimum spacing criteria and shall be signed as emergency access only, gated and
include a Knox box, or other types of safety improvements. In no way shall the emergency
access be in a location that poses a safety risk or jeopardize the public health, safety, and
welfare of public and private property.
Remainder of section — No change.
Amend Sec. 8-14-90. County authority, to read as follows:
Notwithstanding the issuance of any access permit or the construction of any access,
Weld County reserves the right to make any changes, additions, repairs, conditions, and
relocation or closure of any part of an access within the County road right-of-way at any time,
including, but not limited to, in connection with the relocation, reconstruction, widening and
maintaining of the road or road right-of-way, without compensating the owner of the access for
the damages b or destruction of the access.
Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
I, the undersigned agent, of said County of Weld,
being duly sworn, say that I am an advertising
clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
14th day of January A.D. 2024 and the last
publication thereof: in the issue of said newspaper
bearing the date of the 14th day of January A.D.
2024 has been published continuously and
uninterruptedly during the period of at least six
months next prior to the first issue thereof
contained said notice or advertisement above
referred to; that said newspaper has been admitted
to the United States mails as second-class matter
under the provisions of the Act of March 3,1879,
or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
nLit
l(:cjitent
Subscribed and sworn to before me
this 19VA day of January, 2024 in
the County of Weld, State of Colorado.
Acct #:1099690
AD #: 2028851
Cost: $176.25
No ry Public
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031985
MY COMMISSION EXPIRES July 31, 2025
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2623-T6 was introduced on
first reading on December 4, 2023, and a public hearing and second reading was held on Decem-
ber 20, 2023. A public hearing and final reading was completed on January 8, 2024, with changes
being made as listed below, and on motion duly made and seconded, was adopted: The effective
date of said Ordinance is listed below. Any backup material, exhibits or information previously
submitted to the Board of County Commissioners concerning this matter may be examined in the
office of the Clerk to the Board of County Commissioners, located within the Weld County Admin-
istration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00.;
p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weld.
goo). Email mottoges sent to an individual Commissioner may not be included m the case file. To
ensure inclusion o your email correspondence into the case file, please send a copy to egesick@
weld.gov.
Ordinance No. 2023-16
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public
Works of the Weld County Code
Effective Date: January 19.2024, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
'Dated: January 11, 2024
Published: January 14, 2024, in the Greeley Tribune - 2028851
Changes Made to Code Ordinance 2023-16 on Final Reading
Amend Sec. 8-1-30. Snow removal priorities, to read as follows:
A.- No change.
B. Communications Command and control.
Remainder of section - No change.
Amend Sec. 8-1-50. Response plan for extreme snow and ice events, to read as follows:
The following policy sets 10 place criteria for managing snow and ice removal efforts on the Coun-
ty roadway network during extreme weather events.
A. Weather event definitions. Snow events are categorized using a storm level scale based on
reports from the field as to the severity of conditions, as well as other methods, including fore-
casts, satellite images, weather stations and common sense. With the vast expanse of Weld Coon-
ty, storm levels may vary depending on conditions in that area. The levels of storms Oct defined
below:
Remainder of section - No change.
Amend Sec. 8-2-20. Improvements Agreements, to read as follows:
Depending on the land USE project, there are several different types of possible Improvements
Agreements that may be required. It is the intent that Improvements Agreements will be in place
prior to final approval of the use. Construction of any safety improvements are intended to be
completed prior to operation or issuance of building permit(s).
Remainder of section - No change.
Delete Sec. 8-5-40.
'Delete Sec. 8-5-50.
Delete Sec. 8-5-60.
Amend Sec. 8-5-40. Vested right.
Remainder ofsection - No change.
Amend Sec. 8-6-150. Road maintenance acceptance policy for public roads, to read as follows:
Persons desiring to obtain County maintenance of public roads shall first address such request to
the Board of County Commissioners for its consideration at one (1) of its regularly -scheduled
business meetings. The person making the request shall be responsible to pay the entire cost of
notification to owners and/or occupants of lands lying adjacent to the roadway. Such notification
shall include a description of the request and shall set forth the time and place of the Board con-
sideration. County maintenance of public roads may occur only if authorized by resolution of the
Board of County Commissioners. Before a public road may be authorized by the Board for mainte-
nance, the road must meet the following minimum conditions:
A. thru E. - No change
IF. The following shall be the minimum acceptable standards before a road is accepted for
maintenance:
1. - No change.
2. Borrow ditches shall be a minimum of twenty-four (24) inches deep with 4:1 side slopes and
graded to provide adequate drainage on a case -by -case basis.
r 3. All driveway side road borrow ditches shall be sufficient to carry the five-year storm or be a
minimum of a fifteen -inch -diameter culvert or culvert size based on the upstream and down-
stream culvert size as determined by the Director of Public Works. Crossroad drainage structures
shall be sufficient to carry the ten-year storm or be a minimum of a fifteen -inch culvert as deter-
mined by the Director of Public Works.
4.- No change.
5. A `I'd"
ium fn
four (4) inches of compacted surface gravel in accordance with Table 9-10 of
the ld County Engineering and Construction Criteria found in Appendix 8-Q.
Remainder of section - No change.
Amend Sec. 8-11-110. Revegetation, to read as follows:
A. Weld County utilizes the information provided in the Revegetation Chapter of the MHFD Man-
ival (Volume 2), and the Best Management Practices Chapter of the MHFD Manual (Volume 3).
Weld County has recommended seed mixes that are applicable to specific areas of the County.
'These seed mixes can be found in the Weed Management Section of the Weld County Public
'Works Website. Noxious weeds shall be controlled on site, pursuant to Chapter 15, Articles I and
II, of the Weld County Code.
Remainder of section - No change.
Amend Sec. 8-12-40. Definitions, to read as follows:
For the purpose of this Article, the following terms, phrases, words and their derivations shall
have the meanings given herein:
Right-of-way (ROW): means a strip of land that is dedicated or granted to, and accepted by, Weld
County for transportation purposes, such as a roadway or highway, whether maintained or non -
maintained by Weld County. The term is used as both singular and plural.
Remainder of section - No change.
-.. •�••� •u.....y rc.u.,a nuance, perm. enararm. ana perm.,
extension, to read as fol ows:
A. and B. - No change.
C. Permit Limitations. A Weld County Grading Permit requires the Permit Holder to meet cer-
tain permit specifications and general engineenng standards. Weld County shall be responsible
for ensuring compliance with such specifications and standards. The issuing and granting of the
Grading Permit shall not be construed to be a permit for, or an approval of, any violation of any of
the provisions of this Article or of any Federal, State or County regulations. Additionally, the issu-
ance of the Grading Permit shall not be construed as the approval or issuance of any necessary
permits referred to In this Code.
Remainder of section - No change.
Amend Sec. 8-12-80. Permit Holder's general responsibilities, toread asfollows:
A Permit Holder is responsible for the following items. Additional requirements and more detailed
information are shown in the Special Provisions of the Grading Permit.
A.- No change.
B. Other Permits. The Permit Holder shall secure all permits required by federal, state and local
agencies. Permit Holder may need to provide additional documentation in order for the County to
make a determination if a grading permit is required.
Remainder of section - No change.
Amend Sec. 8-12-90. Inspections, to read as follows:
A. - No change.
B. It shall be the responsibility of the Permit Holder to notify the County when work is ready for
inspection. Weld County requires that every request for inspection be received at least forty-eight
(48) hours before such inspection. Such requests may be made by telephoning or emailing the De-
partment of Planning Services. The presence of County employees on -site shall not guarantee or
qualify the Permit Holder's performance. The Weld County Grading Permit must be available on -
site for review by County staff. Failure to comply may result in suspension of the Grading Permit.
C. To ensure compliance with this Article, the County may make, or require, inspections and/or
testing of any work as deemed necessary. Work performed without required inspections shall be
subject to removal and replacement at the Permit Holder's expense, regardless of the quality of
tez vtiorPAny inspection required outside of the normal working hours willbe paidfor by the Per-
mit Holder. Certain types of work may require continuous inspection. When such projects exceed
the County's ability to provide ample inspection, the Permit Holder will incur the cost for provid-
ing a private inspection firm to conduct inspections as needed. This third -party inspector will be
appointed by the County prior to issuance of the Grading Permit.
Amend Sec. 8-12-120. Failure to comply with terms of grading permit, to read as follows:
A. - No change.
B. The Permit Holder shall prevent releases of sediment and water from construction sites that
have the potential to cause damage to private property or County -maintained infrastructure. In
the event that construction activities result in erosion or sediment and water discharges causing
damage, the Permit Holder shall immediately attempt to prevent further harm, by installing or re-
placing appropriate control measures and by correcting any unsatisfactory work.
Remainder of section - No change.
Amend Sec. 8-12-130. Permit suspension or revocation, to read as follows:
A.- No change.
B. The grading permit will be suspended should the County determine that the Permit Holder
has committed a substantial breach of the terms or conditions of any statute, ordinance, rule, or
regulation, or any condition of the Grading Permit itself. Weld County will notify the Permit Holder
of the Grading Permit suspension by either phone, or in writing, and mandate that the Permit
Holder remedy the violation. The demand shall state that continued violations may be cause for
Irevocation of the Grading Permit. Further, a substantial breach shall allow the County to place ad-
ditional or revised conditions on the Grading Permit.
Remainder of section - No change.
Amend Sec. 8-13-60. Application review, Right -of -Way Use Permit issuance, permit expiration and
permit extension, to read as follows:
A. Review Process. The application and other data filed by an applicant fora Right -of -Way Use
Permit shall be reviewed by the Department of Public Works. The application may also be re-
viewed by other departments or agencies to verify compliance with any applicable laws. If the De-
partment of Public Works finds that the work described in an application fors Right -of -Way Use
Permit conforms to the requirements and regulations set forth in this Article, meets the require-
ments defined in the Weld County Engineering and Construction Criteria Manual (Appendix 8-O1
or other pertinent laws regulations or ordinances, and that all required fees have been paid, a
Right -of -Way Use Permit shall be issued to the applicant. Criteria upon which the Right -of -Way
Use Permit shall be considered include, but are not limited to, the following:
1.- No change.
2. Constructability: All construction, maintenance or excavation within the County road right -
Remainder
1. It is unlawful to occupy, construct or excavate within any Weld County road right of way or
encroach upon any County road right-of-way, unless a Right -of -Way Use Permit is first issued.
Any person, firm or corporation violating any provision of this Article is guilty of a Class 2 petty
offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars
($300.00) or by imprisonment in the County jail for not more than ten (10) days, or by both such
fine and imprisonment, for each separate violation. Each day during which such violation contin-
ues shall be deemed a separate offense.
Remainder of section - No change.
Amend Sec. 8-14-30. Regulation of access onto County roadways, to read as follows:
A. thru C. - No change.
D. Emergency Access. Police, fire, ambulance and other emergency providers may have direct
access to County roadways, on a case -by -case basis in the interest of public safety. If allowed, the
emergency access is not intended to be used as a primary access accessible to the general public.
The emergency access may be exempt from the minimum spacing criteria and shall be signed as
emergency access only. acted and include a Knox hex- nr ether tvnac of cafaty imnrrn,Pmontc Cr,
Amend Sec. 8-14-90. County authority, to read as' follows:
Notwithstanding the issuance of any access permit or the construction of any access, weld Coun-
ty reserves the right to make any changes, additions, repairs, conditions, and relocation or clo-
sure of any part of an access within the County road right-of-way at any time, including but not
limited to, in connection with the relocation, reconstruction, widening and maintaining 01 the road
or road right-of-way, without compensating the owner of the access for the damages to or de-
struction of the access.
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-16 was introduced on
first reading on December 4, 2023, and a public hearing and second reading was held on
December 20, 2023, with no change being made to the text of said Ordinance. A public hearing
and third reading is scheduled to be held in the Chambers of the Board, located within the Weld
County Administration Building, 1150 O Street, Greeley, Colorado 80631, on January 8, 2024. All
persons in any manner interested in the next reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations
in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weld.gov). Email messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your email
correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2023-16
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public
Works of the Weld County Code
Date of Next Reading: January 8, 2024, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: December 20, 2023
Published: December 24, 2023, in the Greeley Tribune
a-oo2& - 3Rg
Notice of Second Readiry of Ordinance
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2023-16 was introduced on first reading on December 4,
2023, and a public hearing and second reading was held on De-
cember 20. 2023 with no change being made to the text of said
Ordinance. A ubtic hearing and third reading is scheduled to be
held in the Chambers of the Board, located within the Weld
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Aaent , being first duly sworn
under oath, states and affirms as follows:
1. He/she is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Greeley Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks in Weld County and
meets the legal requisites fora legal newspaper
under Colo. Rev. Stat. 24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Greeley Tribune
in Weld County on the following date(s):
Dec 24. 2023
y
Subscribed ands rn to me beforee m
day of�
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
MY COMMISSION EXPIRES July 31, 2025
(SEAL)
Account: 1099690
Ad Number: 2024620
Fee: $17.00
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-16 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
December 4, 2023. A public hearing and second reading is scheduled to be held in the Chambers
of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley,
Colorado 80631, on December 20, 2023. All persons in any manner interested in the reading of
said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weld.gov). Email messages sent to an
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Ordinance No. 2023-16
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public
Works of the Weld County Code
Date of Next Reading: December 20, 2023, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: December 5, 2023
Published: December 10, 2023, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2023-16
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8
PUBLIC WORKS, OF THE WELD COUNTY CODE
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
2023-3499
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code 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 Chapter 8 of the Weld County Code be, and hereby is,
repealed and re-enacted, with amendments, to read as follows.
CHAPTER 8
PUBLIC WORKS
ARTICLE I - Snow and Ice Policy
Amend Sec. 8-1-20. Snow watch plan.
A. During normal working hours, sanding and/or plowing operations may be initiated by the
Director of Public Works or the on -duty Snow Boss.
B. In order to ensure that sanding/plowing operations are initiated in a timely manner at other
than normal working hours, feedback regarding road conditions by Sheriffs Office
Deputies and any other agency, including the Colorado State Patrol, shall be sent to the
Weld County Regional Communications Center (WCRCC). The WCRCC shall then notify
the scheduled on -duty Snow Boss. The Snow Boss shall then initiate sanding/plowing
operations accordingly.
Amend Sec. 8-1-30. Snow removal priorities.
A. Priorities: Clearing of roads shall occur according to the following order of priority:
1. thru 6. — No change.
7. Collector roads.
8. Local roads, including subdivisions and unincorporated towns.
B. Command and control.
1. — No change.
2. Control of operations shall be exercised at the Public Works Department
Operations Center (PWDOC). Communications between Snow Boss and
operators shall be according to the following methods: 1) County Radio System;
2) cell phone; 3) CB radio. The Director of Public Works shall be in charge of snow
removal operations and shall staff the PWDOC as necessary to carry out
operations efficiently. This authority shall be delegated to the assigned Snow
Bosses.
3. Any calls for emergency services received at the PWDOC shall be forwarded to
the appropriate agency.
4. All incoming calls regarding snow removal or emergencies shall be routed to the
PWDOC from dispatch or in-house Public Works staff.
C. Operations.
1. — No change.
2. If weather information indicates that operations are anticipated in advance of the
approaching storm, the Director of Public Works shall direct specific operators to
be at work and ready to commence operations as soon as practical. If more than
two (2) days of continuous operations are anticipated, no operator shall work more
than twelve (12) hours in a day without approval of the Director of Public Works.
3. Status of all snow removal operations shall be maintained at the PWDOC. Reports
shall be made to the Public Works Emergency Notification Group intermittently
throughout the snow event. These reports shall be directed by the Director of
Public Works or on -duty Snow Boss.
4. — No change.
5. If an abandoned vehicle is blocking the roadway, the operator shall radio in the
location, license plate number and description of the vehicle to the PWDOC. The
PWDOC shall contact the Regional Communications Center, informing the
Dispatcher that a hazard exists and the vehicle should be removed from the
County road right-of-way. Dispatch shall contact the Weld County Sheriffs Office
for appropriate action.
6. No school property or private roads or driveways off the County rights -of -way shall
be cleared by County equipment, with the following exceptions:
a. If requested in writing, by a school district, and approved in advance by the
Board of County Commissioners.
b. — No change.
7 Plow trucks shall primarily be used to remove snow and ice on paved roads and
have designated routes or zones but may be assigned otherwise as needed.
8. Repair and maintenance of all Public Works equipment shall be furnished by the
Weld County Department of Fleet Services during a snow event. Personnel shall
be on standby or on duty, as directed by the Director of Fleet Services.
9. — No change.
D. Planning and preparation.
1. All supervisors of units providing snow removal are responsible for ensuring that
equipment is ready and personnel are briefed on their duties. Prior to a snow event,
each piece of equipment shall be inspected with its plow and spreader to ensure
readiness. All other equipment, such as tire and tow chains, route maps and
vehicle lights, shall also be inspected at this time.
2. Fuel stocks at outlying satellite facilities shall be monitored by the individual zone
operators immediately prior to a snow event and status reported to Fleet Services.
If a fuel delivery is necessary during a snow event, the Snow Boss may direct the
delivery route be cleared on a priority basis.
Amend Sec. 8-1-40. Contracting for additional resources.
In cases of EXTREME EMERGENCY and where County resources cannot maintain safe
traveling conditions, it may be necessary to obtain additional equipment from Contractors.
A. Authorization for contract.
1. — No change.
2. The Director of Public Works or authorized agent of the Board of County
Commissioners shall follow the emergency procurement process in Chapter 5 of
the Weld County Code.
B. Contracted equipment command and control. Control of contractor equipment shall be
exercised through the PWDOC. The Director of Public Works or the on -duty Snow Boss
shall coordinate and control the efforts of all contractor equipment.
C. Operations.
1. County and contracted workforces shall be employed to maximize the efficiency of
the snow removal operation. Contracted equipment may be paired with County
equipment to take advantage of County radio control.
2. As soon as it is apparent that County forces can manage resources for the
remaining snow event, the Director of Public Works shall terminate contractor
operations.
3. — No change.
4. Contractors shall submit invoices to the Department of Public Works to receive
payment for time and costs.
Amend Sec. 8-1-50. Response plan for extreme snow and ice events.
The following policy sets in place criteria for managing snow and ice removal efforts on
the County roadway network during exteme weather events.
A. Weather event definition. Snow events are categorized using a storm level scale based
on reports from the field as to the severity of conditions, as well as other methods,
including forecasts, satellite images, weather stations and common sense. With the vast
expanse of Weld County, storm levels may vary depending on conditions in that area. The
levels of storms are defined below:
1. Level 1: Extreme weather conditions. Snow removal efforts shall cease, and
equipment shall retreat to designated recovery stations located throughout the
County for further instructions and redeployment as conditions warrant. Level 1
may be declared by the on -duty Snow Boss with the concurrence of the Director
of Public Works, the Commissioner Coordinator or Alternate Commissioner
Coordinator for Public Works. When redeployed, resources shall be committed to
predetermined priority snow routes. Notification of a Level 1 Condition or any road
closures shall be communicated to the Regional Communications Center and the
Public Works Emergency Notification List.
2. Level 2: Snow Removal Operations shall focus on snow removal priorities as
identified in Section 8-1-30(A). Some roads may be closed and traffic rerouted so
snow removal vehicles can operate unimpeded by traffic. The on -duty Snow Boss
shall refer to Section 8-1-30 of this Code.
3. Level 3: Snow Removal Operations shall focus on all roads. The effort and
resources expended shall vary depending on accumulation and drifting conditions.
The on -duty Snow Boss shall refer to Section 8-1-30 of this Code.
Sec. 8-1-60. No waiver of governmental immunity.
No term or condition set forth in this Article shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as applicable.
Furthermore, nothing set forth in this Article shall be construed as creating a duty of care upon
any individual or party.
Add Sec. 8-1-70. No expectation of service to any specific person or property.
The provisions stated in this Article are not intended to, nor shall they, create in any
specific person or property a right to expect a certain level of service, even if such level of service
is described herein.
Amend ARTICLE II — Improvements Agreements
Sec. 8-2-10. Reserved.
Sec. 8-2-20. Improvements Agreements.
Depending on the land use project, there are several different types of possible
Improvements Agreements that may be required. It is the intent that Improvements Agreements
will be in place prior to final approval of the use. Construction of any safety improvements are
intended to be completed prior to operation or issuance of building permit(s).
A. An Improvements Agreement reference may be used interchangeably and include but is
not limited to immediate off -site and/or on -site improvements, future triggered
improvements, and road maintenance criteria. (All categories may or may not include a
proportional share based on locations and existing background traffic.)
B. Agreement Types include:
1. Improvements Agreement (IA). This agreement is for projects that include future
triggered improvements. Typically includes a standard road maintenance section
for items such as dust suppressant or pavement damage repair. If applicable, will
include a proportional share component for any future improvements done by the
County on the haul or travel route.
2. Offsite Improvements Agreement (OFFSIA). These agreements include immediate
off -site improvements. Immediate safety improvements may include but are not
limited to, adding auxiliary lanes, intersection improvements, paving of gravel road,
or widening of a road. These agreements will require project and warranty
collateral and will also include all components described in the improvements'
agreements.
3. On -Site Improvements Agreement (ONSIA). These agreements require immediate
on -site improvements intended for public use but privately maintained, which may
include but are not limited to, dedication of rights -of -way for public use,
construction of an internal roadway, and/or construction of irrigation or stormwater
ponds.
4. Road Maintenance Agreement (RMA). A Road Maintenance Agreement includes
items addressing routine road maintenance, including but not limited to, dust
suppressant if on a gravel road and pavement damage repair if on a paved road.
There will also be a proportional share component for typical road maintenance
improvements performed by the County specifically identified to the haul and travel
routes related to the project.
5. Road Maintenance During Construction (RMCA). These agreements are similar to
the Road Maintenance Agreement but are limited in time. Often used for
transmissions lines, solar energy facilities and other land use projects where the
heavy traffic impact on the roads is limited to the construction of the facility/use.
These agreements will still include a proportional share component for routine road
maintenance improvements performed by the County on the haul and travel routes
related to the project. Pre and post construction inspections are required for these
agreements.
Sec. 8-2-30. Collateral.
A. Improvements Agreements requiring collateral as financial assurance that the obligations
of the Agreement will be completed (including, but not limited to, Subdivision and
Development Improvements Agreements for major and minor subdivisions and
Development Improvements Agreements for Planned Unit Developments) shall generally
conform to this Article II.
B. The County requires applicants to provide acceptable collateral to guarantee all of their
obligations under the associated Improvements Agreement in the following forms: (1)
Project Collateral for completion of all improvements described in the Improvements
Agreement; and (2) Warranty Collateral to ensure all public improvements uphold their
functionality during the warranty period.
C. All references to "Acceptance of Improvements" shall refer to the County confirming
completion of the improvements according to the accepted Construction Plans. By
accepting any improvement, the County does not thereby accept it for purposes of future
maintenance, nor does the County accept any present or future responsibilities or
obligations relative to the improvements.
D. The Board of County Commissioners reserves the right to reject collateral that it deems
inappropriate or insufficient.
E. Release of collateral is the sole discretion of the Board.
Sec. 8-2-40. Acceptable types of collateral.
The three (3) types of collateral listed below are acceptable to the County:
A. An irrevocable letter of credit from a federal- or state -licensed financial institution that has
at least a three -star rating given by Bauer Financial consistent with a sample form supplied
by the County. The Board may require the applicant to obtain replacement collateral if the
rating of the financial institution providing the collateral drops below this level, which shall
be submitted within sixty (60) days of the Board's notice to the applicant that the rating
has fallen and that the collateral must be replaced. The applicant may not terminate
existing collateral until replacement collateral has been secured.
1. The letter of credit shall provide for payment upon demand to the County if the
applicant has not performed the obligations specified in the Improvements
Agreement and the issuer has been notified of such default or if, after the County
has received notice that the letter will not be renewed as set forth below, the
County notifies the issuer that the applicant has not provided adequate
replacement collateral and the County intends to demand payment, regardless of
whether applicant is then in default.
2. The issuer of the letter of credit shall guarantee that, at all times, the unreleased
portion of the letter of credit shall be available to the County for the purpose of
completing the uncompleted improvements enumerated in the Improvements
Agreement.
3. The letter of credit must stipulate that it will automatically renew and shall remain
in full force and effect until released by action of the Board, or until after the Board
has received a minimum of sixty (60) days' written notice from the issuer of the
letter of credit of the pending expiration. The notice shall be sent by certified mail
to the Clerk to the Board.
B. A surety bond given by a corporate surety authorized to do business in the State and
having at least a B+ rating given by A.M. Best. The Board may require the applicant to
obtain replacement collateral if the rating of the financial institution providing the collateral
drops below this level, which shall be submitted within sixty (60) days of the Board's notice
to the applicant that the rating has fallen and that the collateral must be replaced. The
applicant may not terminate existing collateral until replacement collateral has been
secured.
C. A cash deposit made with the Board.
Sec. 8-2-50. Project Collateral.
A. The value of Project Collateral submitted to the County must be equivalent to one hundred
twenty-five percent (125%) of the value of the improvements identified on the accepted
Construction Cost Estimate exhibit to the Improvements Agreement.
B. The Project Collateral shall be submitted with a signed Improvements Agreement
including all required exhibits. The complete submittal is subject to final approval by the
Board and shall be recorded at the Office of the Clerk and Recorder by the Clerk to the
Board upon approval.
C. Unless otherwise set forth in the Improvements Agreement Construction Schedule exhibit,
the improvements shall be completed within three (3) years of execution of the
Improvements Agreement. Otherwise, the Board, at its discretion, may make demand on
all or a portion of the collateral and complete the improvements or partially complete the
improvements, which may include, at the Board's discretion, contracting to have the work
completed by a third party.
D. Project Collateral may be provided separately for on -site and off -site Improvements.
Sec. 8-2-60. Release of Project Collateral.
A. Upon completion of the improvements in accordance with the Improvements Agreement,
the developer shall notify Weld County, so staff may inspect the improvements.
B. Following preliminary approval by County staff, the developer shall present a Statement
of Substantial Compliance signed and stamped by a Colorado Professional Engineer
licensed to do business in the state and a request for release of collateral. The Statement
of Substantial Compliance shall certify the work has been completed in substantial
compliance with approved plans and specifications, or that any material deviations have
received prior written acceptance from the County, and the engineer or his or her
representative has made regular on -site inspections during the course of construction and
the construction plans utilized are the same as those accepted by the County.
C. "As -built" plans are required for all public improvements, which may include but are not
limited to, public rights -of -way, permanent easements, or on -site drainage features. As -
built" plans shall be stamped by a Colorado Professional Engineer licensed to do business
in the state certifying the project is in substantial compliance with the plans and
specifications and shall be submitted at the time the letter requesting release of collateral
is submitted.
D. For improvements to public rights -of -way or permanent easements, materials test results
must be submitted for all phases of the project, as per the Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing, and
inspections found in the CDOT Materials Manual.
E. If applicable, a letter of acceptance of maintenance and responsibility identifying all
improvements are in place and in accordance with the approved plans submitted from the
appropriate utility company, fire, water, and/or other special district, and/or municipality for
any utilities and improvements shall be submitted with the request for release of collateral.
F The written request for release of Project Collateral shall be accompanied by Warranty
Collateral in accordance with Section 8-2-70, Warranty Collateral, below.
G. County staff shall schedule the request for consideration by the Board at a regularly
scheduled public Board meeting and notify the applicant of the hearing date and time. The
Project Collateral shall be released after final written acceptance by the Board.
Sec. 8-2-70. Warranty Collateral.
A. Warranty Collateral shall be in an amount equal to fifteen percent (15%) of the value of
the improvements as shown in the Improvements Agreement, excluding improvements
fully accepted for maintenance by the responsible governmental entity, special district, or
utility company.
B. The warranty period shall be two (2) years from the date of the Board's consent to release
the Project Collateral.
Sec. 8-2-80. Release of Warranty Collateral.
A. Following the conclusion of the warranty period, the applicant shall submit a written
request for release of the Warranty Collateral to Weld County.
B. County staff shall inspect the improvements. If the improvements need mitigation or
repairs are required, said work must be completed prior to release of the Warranty
Collateral. In the event an applicant fails to adequately repair improvements associated
with the Improvements Agreement, the County shall have the authority to pursue, at its
sole discretion, Warranty Collateral to the extent necessary to complete the repairs in
order to preserve public interest.
C. If no improvements require mitigation or repairs, County staff shall schedule the request
for consideration by the Board at a regularly scheduled public Board meeting and notify
the applicant of the hearing date and time. The Warranty Collateral shall be released after
final written acceptance by the Board.
Sec. 8-2-90. Proportional Share Process for Improvements Agreements.
A. The proportional share process is an important tool used by the County to identify the
shared cost of safety improvements for existing and new development to mitigate impacts
to the county road system.
B. Weld County uses the Equivalent Single Axle Load (ESAL) methodology when calculating
an Improvements Agreement proportional share. The ESAL methodology is a national
standard for normalizing traffic counts to reflect the actual damage caused by large
vehicles. The purpose of the methodology is to create the most reasonable and fair
method for analyzing traffic data and the impacts to county infrastructure.
C. Weld County maintains a current list of approved and recorded Improvements
Agreements. Annually, the Improvements Agreement haul, or travel routes are evaluated
to determine which roads will have proportional share costs for Weld County identified
projects the next calendar year and therefore, what owners/land use permits will be
affected so they can be notified in advance.
D. Once the Improvements Agreement permit holders are identified, Development Review
sends a courtesy letter notifying them of the anticipated proportional share associated with
their use. This letter is meant to be general in nature and will not contain specific costs or
percentages associated with the required contributions. It is meant to give permit holders
preliminary notice that a project will be occurring in the upcoming calendar year.
E. On or before December 31 of the year prior to the Weld County identified projects, the
permit holder will receive another letter giving the proportional share percentage with
supporting documentation. An estimated cost will also be provided at this time.
F Permit holder shall have the opportunity to review supporting documentation, review,
comment and supplement the County's data, collection methodology and determinations.
If the project is completed by the Public Works Department, the proportional share will be
based on materials only. If the work is completed by a private contractor, the cost will be
based on both materials and labor.
G. The final cost will be based on actual costs of the work performed and will be invoiced to
the permit holder at the completion of the project.
H. The County's criteria for calculating the ESAL proportional share is identified in Appendix
8-Q.
ARTICLE III - Culverts
Add Sec. 8-3-10. Purpose.
For the purpose of this Article, culverts may refer to, road culverts, driveway/access
culverts, cross culverts, irrigation culverts, and similar structures that convey and maintain the
natural flow of water carried in the roadside ditches.
Amend Sec. 8-3-20. Installation of access culvert.
A. The property owner shall pay the costs for materials for new road access culverts
whenever the installation of a culvert is made necessary by the creation of a new access
from private property to a County road, by any alteration of the natural flow of water across
private property by the owner, or for any other reason created by any owner of private
property. The culvert shall be installed according to Appendix 8-Q of the Weld County
Engineering and Construction Criteria as to size and location in the County rights -of -way
or other County property in which such culverts may be installed. Consideration of culvert
sizing shall be based on the existing upstream and downstream culvert diameter size. The
culvert size will be determined in accordance with standard engineering practices by
Public Works Operations at the time of culvert installation. The property owner shall be
responsible for cleaning the borrow or roadside ditch to the extent required to
accommodate the road access culvert and ensure proper drainage.
B. Property owner/user shall submit a Culvert Installation Form to Public Works for invoicing
of the materials of the culvert installation. Property owner/user shall provide payment prior
to culvert installation. The application form is available at Public Works.
Amend Sec. 8-3-30. Maintenance.
After county acceptance of the culvert installation, Weld County shall be responsible for
the maintenance and repair of the road access and/or any related culvert. In the event of an
emergency or if a hazardous situation is observed or detected, the property owner shall be notified
and requested to provide an immediate remedy to the situation. If the property owner fails to react,
the County shall correct the hazardous situation and may bill the property owner for all incurred
expenses.
Add Sec. 8-3-40. Maintenance of irrigation structures.
The County's duty to maintain culverts, bridges or similar structures used for irrigation
purposes shall be in accordance with the following statutory requirements:
A. Section 43-5-305(1), C.R.S., which states as follows:
"Any person or corporation owning or constructing any ditch, race, drain, or flume in, upon,
or across any highway shall keep the highway open for safe and convenient travel by
constructing culverts, bridges, or similar structures over such ditch, race, drain, or flume.
When any ditch is constructed across, in, or upon any highway, the person owning or
constructing such ditch shall construct a culvert, bridge, or similar structure long enough
to conduct the water from shoulder to shoulder from such road or highway or of such
greater length as the Board of County Commissioners having jurisdiction thereover may
require, plans for the culvert, bridge, or similar structure having been approved in advance
by the Board of County Commissioners. The Board of County Commissioners shall
maintain the culvert, bridge, or similar structure after construction, in accordance with the
provisions of Section 37-84-106, C.R.S."
B. Section 37-84-106, C.R.S., which states as follows:
"All bridges constructed over any ditch, race, drain, or flume, crossing any public highway,
street, or alley, after construction, shall be maintained by and at the expense of the county
or municipality in which the ditch, race, drain, or flume may be situated."
C. In the event of an emergency or if a hazardous situation is observed or detected, the
County shall notify the property owners/users to request the irrigation water be shut off in
conjunction with property owners/users schedule, in order to perform emergency repairs.
If Public Works identifies this road as an essential travel or haul route, or inadequate
detour route availability and the property owner/users fails to react, the County shall
correct the hazardous situation and may bill the property owner/user for any incurred
expenses.
Amend Sec. 8-3-50. County Authority.
Remainder of Section — No change.
ARTICLE IV - Use of Borrow or Roadside Ditches
Add Sec. 8-4-10. Purpose.
Borrow or roadside ditches are intended to intercept surface water from agricultural fields
or residential property. Roadside ditches are not intended to accommodate forced point source
discharges. Tailwater ditches are not recognized as part of Weld County's conveyance system.
Amend Sec. 8-4-20. Responsibilities.
Whenever possible, the county shall try to separate agricultural farming operations out of
the county road right-of-way, especially when located in a municipal separate storm sewer
systems (MS4) area. Persons in the County who are currently using borrow/roadside ditches
along County rights -of -way for agriculture uses, whether the consent to such uses was originally
given expressly or implied, must adhere to the following conditions:
A. thru C. — No change.
D. Tailwater shall be controlled to prevent erosion and sedimentation of the borrow ditches.
Add Sec.8-4-30. Maintenance.
A. Public works prioritizes and maintains Roadside Ditches on a case -by -case basis, as
needed, to remove sediment, debris, trash, or other encumbrance that may be impeding
the proper flow of water. Landowner's or tenant's may contact Public Works to request an
inspection of a Roadside Ditch. Public Works personnel will inspect and schedule the
Roadside Ditch to be cleaned, if deemed necessary. In the event drainage water overflows
a Roadside Ditch, Public Works personnel will inspect the Roadside Ditch and determine
if action, such as ditch cleaning, is required or if the event produced excessive runoff
beyond the capacity of the drainage system.
B. Roadside ditches are intended to carry stormwater from county roads to natural drainage
basins. The amount of stormwater a roadside ditch carries varies. For planning purposes,
Weld County never assumes a roadside ditch can carry more water than five (5) cubic feet
per second (cfs).
C. Nonexclusive License Agreements (NELA's) for private irrigation structures located in
county rights -of -way shall be done by separate Agreement on a case -by -case basis where
the Board grants a nonexclusive license to access, construct, operate, and/or maintain
privately owned equipment within county road right-of-way/property.
Amend Sec. 8-4-40. Violations.
If the Board of County Commissioners determines that users are violating the above -
stated conditions, the Board may consider the revocation of its prior consent, whether express or
implied. The revocation of consent may be entered by resolution of the Board of County
Commissioners, following notice to the owner and user (if the user can be determined), and a
hearing held pursuant to the procedures for adjudicatory type hearings. The Director of Public
Works shall have the burden of showing, by a preponderance of evidence, that the owner and
user have failed to comply with Section 8-4-20 herein.
ARTICLE V - Cattle Guards
Amend Sec. 8-5-10. Purpose.
Person includes any individual, business or corporation, who is not a landowner, must
demonstrate authority to act on behalf of the landowner prior to coordination with the county on
the installation of cattle guards. Cattle guards are intended to restrict the movements of livestock
and are not intended to be used for drainage and utility purposes.
Amend Sec. 8-5-20. New installations/Relocation.
Any person in the County who wishes to install a cattle guard on any County road may do
so only upon the following conditions:
A. Property owner/User shall submit a Cattle Guard Installation/Relocation Form to Public
Works for invoicing of the cost of the materials of the Cattle Guard installation/relocation.
Property owner/User shall provide payment prior to Cattle Guard installation/relocation.
The application form is available at Public Works.
B. The entire cost of installation or relocation of a cattle guard is paid by the person making
the request, with the County doing the installation/relocation, or by requester with the
County's written approval. Weld County will be responsible for maintenance and cleaning
of Cattle Guards after installation is completed.
C. The Department of Public Works shall be notified prior to installation/relocation of a cattle
guard. An invoice will be sent and payment received in accordance with the written
agreement form attached in Appendix 8-C of this Chapter, the Department of Public Works
must receive the form at least thirty (30) days prior to the date of the installation/relocation.
D. The agreement between the Department of Public Works and the person making the
request, detailing the rights and obligations concerning the cost of the Cattle Guard shall
be signed by the person making the application. Maintenance and repair of the cattle
guards, shall be Weld County responsibility.
E. Any cattle guard which is installed in County road rights -of -way must comply with any and
all standards required by the Department of Public Works, including but not limited to, the
County's Specifications for Cattle Guard Installation.
Amend Sec. 8-5-30. Maintenance.
A. Any person who benefits from any cattle guard located upon any maintained County road
has the responsibility to periodically inspect for maintenance, proper function and inspect
for cleaning. The person must notify Public Works within the same five (5) working days
in which the person obtains the knowledge of the need for maintenance.
Cattle guard maintenance includes but is not limited to, the removal of all sand, dirt, silt
and other solid debris which renders the cattle guard ineffective. The county deems a
cattle guard -cleaned when the space within the cement box and below the grate of the
cattle guard are free of debris.
Cattle Guard maintenance requests may be completed by the County within thirty (30)
days of the request.
B. The maintenance of any cattle guard on any maintained County road shall be the
responsibility of the County.
C. In the event a Cattle Guard is deemed, by the County, to be beyond maintenance or repair,
the County shall replace the cattle guard at the county's expense.
Delete Sec. 8-5-40. Reserved.
Delete Sec. 8-5-50. Reserved.
Delete Sec. 8-5-60.Reserved.
Amend Sec. 8-5-70. Vested right.
No portion of these policies shall be considered to have vested any person with the right
to a particular size of cattle guard. The County, upon a determination that road improvement or
widening is necessary, may require replacement of existing cattle guards. The county is
responsible for Cattle Guard costs.
ARTICLE VI - Miscellaneous Provisions
Amend Sec. 8-6-10. Gravel pits.
The County shall obtain all required state and federal permits for Public Works operations.
A. Gravel obtained from County permitted gravel sites shall not be sold or used for other than
governmental purposes, except by specific authorization of the Board of County
Commissioners.
B. The County will acquire, in its name, all gravel mining permits for gravel mining on County -
owned property. When the property is not owned by the County, the issue of the obligation
to obtain, maintain and pay the costs of permits shall be addressed contractually.
Delete Sec. 8-6-20.Reserved.
Delete Sec. 8-6-30.Reserved.
Delete Sec. 8-6-60. Reserved.
Amend Sec. 8-6-70. Satellite Facility use.
Gravel Road operators may park personal vehicles in satellite facilities while performing
road maintenance work for the County. Any personal use of satellite facilities by County
employees or any other individual except as specified above is prohibited.
Amend Sec. 8-6-80. Satellite Facilities utilities and rents.
When the County owns the satellite facility and a trailer pad, that item associated with the
satellite facility will be provided at no cost. Other than as specifically stated herein, utilities of gas
and electricity shall not be provided to any grader operator in the County. Each operator will be
responsible for his or her own gas and electricity.
Amend Sec. 8-6-100. Gravel road fugitive particulate emissions policy and procedure.
A. General. Growth throughout the County has led to increased vehicular traffic on all
roadways under the County's jurisdiction, as a result a fugitive dust application may also
be required for detour routes, or any other reason deemed appropriate by Public Works.
B. Fugitive dust applications may be required if increased traffic on unpaved County roads
has resulted in dissatisfaction with the levels of fugitive particulate emissions caused by
vehicles traveling those roadways. The County must also make reasonable efforts within
budgetary constraints to comply with regulations established by the State Air Quality
Control Commission regarding this issue. In an effort to reasonably comply with air quality
regulations, the policies and/or procedures set forth in this Section will be adhered to when
considering requests for fugitive dust abatement.
C. Responsibility for fugitive dust. The County -maintained roadway segments with Annual
Average Daily Traffic (AADT) volumes exceeding two hundred (200) vehicles per day
should be treated to inhibit fugitive dust at the expense of the County subject to available
budgetary appropriations. The process for the determination of qualifying AADT volumes
will be as outlined in Subsection D below. Roadway segments with AADT volumes below
two hundred (200) vehicles per day may also be treated for fugitive dust at the expense
of property owners in accordance with Subsection F of this Section.
D. Procedures for determination of traffic volumes in conjunction with fugitive dust issues.
1. Routine counts. Traffic counts will be taken as needed on gravel roadway
segments in areas of the County which are determined by the County to have
significant growth trends.
2. — No change.
3. Traffic count procedure. If the AADT count exceeds two hundred (200) vehicles
per day, the roadway segment will be recounted in ninety (90) calendar days using
the methods noted above to confirm the original count. If this count is significantly
below the two hundred (200) vehicles per day AADT, the roadway may not be
treated by the County for fugitive dust control. When the County determines the
use of weekend or partial weekend counts could assist in establishing a
representative average daily traffic count when factored with weekday counts, the
seventy -two-hour count may include those time periods.
D. Determination of fugitive dust control mitigation. When a roadway segment meets the
criteria for County mitigation, the County may, when practical and within budgetary
constraints, select one (1) of the following alternatives to mitigate fugitive dust:
1. — No change.
2. Full depth treatment using dust control agents using no more than two (2)
applications per year at the County's discretion.
3. Recycled asphalt treatment up to eight -inches (8") and may also include a dust
control agent, per Public Works discretion.
4. Asphalt or concrete paving, based upon qualification though the Capital
Improvement Project prioritization process.
5. Speed limit reductions.
Delete 5. Periodic watering.
The mitigation alternative and time of implementation will be based on budget and
seasonal constraints. The County will confirm the need for continued mitigation on roadway
segments by conducting traffic counts using the procedures noted above and maintaining
historical traffic count records. Should the AADT on a road segment fall below two hundred (200)
vehicles per day, dust control mitigation may be discontinued by Public Works.
E. Private application. The County has no objection to individuals applying dust control
chemicals to County roads at their own expense, provided that they agree to the following
conditions:
1. — No change.
2. Private application shall not include used oil applications.
3. Dust control chemicals must be applied in such a manner that will not contaminate
any roadside ditches. Therefore, any materials which may wash from the roadbed
will not be suitable.
4. — No change.
5. All dust control agents used on County roads shall be approved for use by the
Department of Public Works.
6. — No change.
7. All private application must be applied by a Weld County approved vendor, who
must obtain a county right-of-way use permit.
Amend Sec. 8-6-110. Survey monuments.
A. — No change.
B. In order to avoid having surveyors dig holes in paved road intersections to locate the
monuments, the monument should be enclosed in a box which is kept at least one -quarter
inch (1/4") below the roadway surface.
1. thru 5. — No change.
C. For gravel roads, the monument shall be located at least one (1) foot below the roadway
surface.
D. On concrete paved roadways the monuments shall be surface mount type CDOT class
section 629, type 5 (Brass) and shall be recessed 1/2" below the surface.
Amend Sec. 8-6-130. Trees in rights -of -way.
A. — No change.
B. It is the policy of the County that when trees on private property begin to obstruct visibility
on County roads, the property owner shall be given notice to trim the trees within a
reasonable time.
Remainder of section — No change.
Delete Sec. 8-6-140. Reserved.
Sec. 8-6-150. Road maintenance acceptance policy for public roads.
Persons desiring to obtain County maintenance of public roads shall first address such
request to the Board of County Commissioners for its consideration at one (1) of its regularly -
scheduled business meetings. The person making the request shall be responsible to pay the
entire cost of notification to owners and/or occupants of lands lying adjacent to the roadway. Such
notification shall include a description of the request and shall set forth the time and place of the
Board consideration. County maintenance of public roads may occur only if authorized by
resolution of the Board of County Commissioners. Before a public road may be authorized by the
Board for maintenance, the road must meet the following minimum conditions:
A. and B. — No change.
C. The width of the road right-of-way shall not be less than sixty (60) feet.
D. The road shall serve a minimum of five (5) legal lots, which must be developed with
residential, commercial or industrial improvements to be considered for acceptance.
Properties abutting the intersection of the road under consideration for acceptance and an
existing publicly maintained road do not count toward the required five (5) lots.
E. Any new road width shall be a minimum of twenty-six (26) feet of graveled surface or meet
the minimum design guidelines for the anticipated traffic on the roadway segment being
considered.
F. The following shall be the minimum acceptable standards before a road is accepted for
maintenance:
1. — No change.
2. Borrow ditches shall be a minimum of twenty-four (24) inches deep with 4:1 side
slopes and graded to provide adequate drainage on a case by case basis.
3. All driveway side road borrow ditches shall be sufficient to carry the five-year storm
or be a minimum of an fifteen -inch -diameter culvert or culvert size based on the
upstream and downstream culvert size as determined by the Director of Public
Works. Crossroad drainage structures shall be sufficient to carry the ten-year
storm or be a minimum of a fifteen -inch culvert as determined by the Director of
Public Works.
4. The Department of Public Works shall test and inspect the roadbed subgrade for
structural adequacy and acceptable materials, in accordance with the most current
versions of the CDOT Field Materials Manual, reference CP 23, and the Standard
Specifications Book SECTION 203 EXCAVATION AND EMBANKMENT.
5. A minimum of four (4) inches of compacted surface gravel in accordance with
Table 9-12 of the Weld County Engineering & Construction Criteria found in
Appendix 8-Q.
G. There shall be no fences or other obstructions within county road right-of-way. If cattle
have cross -access to the roadway, a cattle guard shall be installed in accordance with
Article V above.
H. If a fence exists along the section line on which the road is to be built, relocation of the
fence to the county road right-of-way lines shall be the responsibility of the sponsor(s) of
the roadway project.
Reimbursement by the persons requesting authorization of County maintenance of public
roads shall be made for acreage within the county road right-of-way included in an
adjacent property Conservation Reserve Program (CRP) crop or which has an
unharvested annual crop demolished by the roadway construction project.
Remainder of section — No change.
Amend Sec. 8-6-170. Obstructions within county rights -of -way.
The County reserves the right to maintain its road rights -of -way without obstructions
located thereon. Obstructions include, but are not limited to, fences, trash cans, gates,
landscaping materials, irrigation structures, and any structure that does not meet the intent of
being constructed with breakaway materials, regardless of whether or not they are physically
located on the traveled portion. Obstructions shall be removed from the County road rights -of -
way upon request by the Department of Public Works. The total expense of the removal of any
obstruction from a County road right-of-way will be paid by the person who installed the
obstruction, or by the person exercising ownership or control over the obstruction. In the event
such person does not remove the obstruction as requested, the County will remove the
obstruction and bill the person responsible for the obstruction for any expenses incurred in its
removal. This Section shall not alter any rights, responsibilities and/or penalties regarding the act
of obstructing highways as set forth in Sections 18-9-107 and 43-5-301, C.R.S.
Delete Sec. 8-6-180. Reserved.
Amend ARTICLE VII - Signs and Pavement Markings
Sec. 8-7-10. Purpose.
The County's roads require certain pavement markings and signs per the Manual on
Uniform Traffic Control Devices, and Colorado state statute. The pavement markings and signs
are to serve the public interest in traffic safety.
Sec. 8-7-20. Sign policy.
A. The County sign shop shall produce signs for County -maintained roads in subdivisions,
unincorporated areas and historic townsites; where the signs are produced pursuant to a
separate intergovernmental agreement with a governmental agency; and for non -County -
maintained roads upon request and payment of the cost of the (blue) signs by the persons
making such requests.
B. All signs placed in the County rights -of -way must conform to the Manual on Uniform Traffic
Control Devices (MUTCD). No signs, except those installed by the County, shall be
located within County rights -of -way and all signs adjacent to rights -of -way must meet
applicable building and zoning codes.
Sec. 8-7-30. Memorial signs.
A. The memorial sign must be requested by the victim's family or other sponsor with the
consent of the victim's family through an application. Upon submittal of a Roadside
Memorial Sign Application with fee to the Department of Public Works, the County shall
review application for acceptance. The application form is available at Public Works.
1. If accepted, the Department of Public Works shall construct, install, and maintain
the requested roadside memorial sign for four (4) years after the date of
installation. After four (4) years, the sign shall be removed and held for a period
of thirty (30) days to provide the applicant the opportunity to pick up the removed
sign for keeping. Signs not claimed within the thirty (30) day period will be
recycled.
2. If the application is not accepted by the County, the fee shall be returned to the
applicant. No private installation or maintenance of roadside memorial signs is
allowed.
B. These memorial signs shall consist of two (2) sign panels measuring standard dimensions
in accordance with the MUTCD.
1. There are four (4) alternative messages for the top sign panel. These messages
correspond with the type of accident or situations that occurred during the accident.
The four (4) messages are:
a. "Please Drive Safely" — this is the most common message used for these
signs.
b. "Please Ride Safely" — this message is for accidents involving motorcycles
or bicycles.
c. "Please Buckle Up" — this message is for accidents involving victims who
were not wearing their safety restraints.
d. "Don't Drink and Drive" — this message may only be used for fatal
alcohol/drug (DUI) related accidents where there has been a conviction of
the driver involved in the fatal crash who was in violation of Colorado DUI
laws, or a toxicology report showing the victim driver to have been in
violation of Colorado's DUI laws.
2. The bottom sign panel will include the message "In Memory Of' and the victim's
name as shown in the application. The bottom sign panel can show multiple
names if there were multiple victims in the accident and each of those victims'
immediate family gives permission for the names to be added in the application.
C. Memorial signs shall only be installed by the County on County -maintained rights -of -way.
The Department of Public Works shall install the sign as close as possible to the location
given in the application. If that location conflicts with existing signs or creates an unsafe
condition, the sign will be moved to where it can be installed safely. If the roadway is
annexed by a local municipality after installation, the applicant will be required to receive
permission from that municipality for the sign to remain; otherwise, the County will remove
the sign if requested by the annexing agency and return it to the applicant. Removed
signs shall be held for a period of 30 days to provide the applicant the opportunity to pick
up the removed sign for keeping. Signs not claimed within the thirty (30) day period will
be recycled.
D. The applicant shall submit a fee, as determined by the Board of County Commissioners,
to help cover the sign's material cost, installation, maintenance, and removal by the
County. In a multiple -fatality crash, the fee may be split equally between those families
who want their family members' names on the sign. Once removed, each separate family
may receive a sign to keep if requested. Removed signs shall be held for a period of 30
days to provide the applicant the opportunity to pick up the removed sign for keeping.
Signs not claimed within the thirty (30) day period will be recycled.
E. This section is considered to be the County's permitting system for roadside memorial
signs and is in lieu of the procedural requirements of Section 43-2-149, C.R.S.
ARTICLE VIII - Transportation Planning
Add Sec. 8-8-10. General.
Transportation planning for Weld County is a continuing, cooperative, and comprehensive
process that includes the development of planning documents, working with regional agencies,
securing funding for transportation projects, and reviewing safety data. Weld County collaborates
with many different regional agencies in order to plan and implement needed improvements to
the transportation system. Planning of the roadway network with respect to functional
classification, alignment, and intersection/access spacing is developed through transportation
planning. Weld County will continue to build and maintain a safe and reliable transportation
system through prudent transportation planning.
Add Sec. 8-8-20. Purpose.
The purpose of this Article is to identify transportation planning policies, as well as the
guiding technical documents for Weld County for the basis of formulating transportation planning
related policies.
Amend Sec. 8-8-30. Weld County Transportation Plan and Functional Classification Map.
A. The Weld County Transportation Plan, as amended ("Transportation Plan"), is intended
to summarize existing transportation conditions, recommend policy, funding and roadway
development for the County over a twenty -five-year planning horizon. The Transportation
Plan will serve an integral part in the decision -making process for County staff and elected
officials. The Transportation Plan will also be an extension of the Comprehensive Plan
focusing on basic travel characteristics unique to the County. The Transportation Plan is
found in Appendix 8-N of this Chapter and is intended to be used in concert with Chapter
22 of this Code. It is recommended to update this plan when updating the Comprehensive
Plan.
B. The Functional Classification Map is a component of the Transportation Plan and is the
process by which County roads are grouped into classes according to the character of
service provided. Grouping the roads into classes identifies the required minimum width
of future road right-of-way and locations for future road right-of-way reservation. The
Transportation Plan recommends the Functional Classification Map be reviewed every
two to three years, and can be amended by the Board of County Commissioners, as
needed. A link to the Functional Classification Map is found in Appendix 8-O of this
Chapter.
C. The minimum road right-of-way widths are as follows, unless shown otherwise on the
Functional Classification Map found in Appendix 8-O of this Chapter:
1. Arterial: 140 feet. Arterials may include planned roundabouts or other traffic
features that necessitate expanded road right-of-way width as shown in arterial
studies adopted by the Board of County Commissioners by resolution.
2. Collector: 80 feet.
3. Local: 60 feet. All roads maintained by Weld County have a minimum of 60 feet of
road right-of-way.
4. Minimum road right-of-way widths for "Arterials Not Constructed" shown on the
Functional Classification Map are found in project identifications and/or designs
approved by resolutions of the Board of County Commissioners by resolution.
5. Minimum road right-of-way widths for Weld County four -lane controlled -access
highways detailed in C.R.S. Section 43-2-110 are identified in approval
documents.
D. Where road right-of-way has not been dedicated or otherwise acquired by the County, but
the County maintains a public road, the width of the prescriptive road right-of-way, which
includes the entire area necessary for maintenance by the County, shall be a minimum of
60 feet (30 feet from either side of the center of the road).
E. Weld County identifies primary and secondary roadway classifications, as required by
C.R.S. §43-2-101. Each year, the Weld County Department of Public Works submits a
map to CDOT showing the Weld County Primary and Secondary Road System and the
total miles of public roads maintained by Weld County and eligible for participation in the
HUTF, pursuant to the requirements of C.R.S. §43-2-110(1).
Delete Sec. 8-8-40. Reserved.
ARTICLE IX - Municipal Separate Storm Sewer System
Amend Sec. 8-9-50. Definitions.
For the purpose of this Article, the following terms, phrases, words and their derivations
shall have the meanings given herein:
Construction dewatering permit means the Colorado Discharge Permitting System
(CDPS) General Permit COG080000, Construction Dewatering Discharges, which is regulated by
the Colorado Department of Public Health and Environment, Water Quality Control Division.
Add Development area means the area of land disturbance, including past and future
phasing. When multiple lots are involved, such as a subdivision of land, the potential cumulative
land disturbance will be considered the development area for the purposes of drainage design.
Stormwater means any surface flow, runoff and drainage occurring during or following any
form of natural precipitation event and resulting therefrom and consisting entirely of water from
natural precipitation events including snowmelt.
Remainder of section — No change.
Amend Sec. 8-9-80. Pre -construction.
A. — No change.
B. Pre -construction requirements. The following documents are required to be submitted and
accepted by the Department of Public Works prior to any land -disturbing activity that will
disturb greater than or equal to one acre of land. Applicable land -disturbing activity
includes the total disturbed area, either planned or potential, from a common plan of
development or sale. The Department of Public Works shall determine applicable sites
and required documentation necessary to comply with MS4 Permit requirements.
1. thru 4.b. — No change.
c. Drainage report; identifying the following components: site drainage;
design details for permanent control measures; narratives for non-
structural control measures, if applicable; and corresponding calculations
used in determining compliance with the "Base Design Standards" of the
MS4 permit.
"Base Design Standards" are detailed in the Weld County Engineering and
Construction Criteria Manual (Appendix 8-Q, Sec. 6.2.6.2 — Permanent
Water Quality Control Measure Design).
d. thru f. — No change.
C. Enforcement. Failure to comply with this Section is a violation of this Article and
enforcement procedures shall be pursued as detailed in Section 8-9-130. Additionally, a
`hold' may be placed on the applicable parcel(s), which prevents future permitting of the
site until requirements are met.
Amend Sec. 8-9-90. Construction activity.
A. thru B.2.b. — No change.
Delete c. Indicator inspection:
c. Inactive site inspection: An inactive site inspection is conducted at least
every ninety (90) days. Inactive site inspections are reserved for sites
pending final stabilization, and all construction activity has been completed.
Detailed inspection procedures can be found in the Weld County Engineering and
Construction Criteria Manual (Appendix 8-Q, Sec. 6.2.5.1 — Stormwater
Inspections).
C. — No change.
D. Enforcement. Failure to comply with this Section is a violation of this Article and
enforcement procedures shall be pursued as detailed in Section 8-9-130. Additionally, a
`hold' may be placed on the applicable parcel(s), which prevents future permitting of the
site until requirements are met.
Amend Sec. 8-9-100. Post -construction.
A. Purpose. The purpose of this Section is to require the implementation and maintenance
of permanent control measures to ensure post -construction requirements of the MS4
permit are met. All control measures shall be selected, installed, implemented and
maintained in accordance with good engineering, hydrologic and pollution control
practices. This Section applies to all land -disturbing activities commencing after July 1,
2019.
B. Post -construction requirements. The following requirements are applicable to sites for
which construction activity will create a disturbed area greater than or equal to one acre
and sites which will have a cumulative disturbed area greater than or equal to one acre
during future phasing. The requirements are applicable to individual sites as well as sites
that are part of a larger common plan of development or sale. For subdivisions, the
potential development area will be considered unless otherwise platted. The Department
of Public Works shall determine applicable sites and required procedures and
documentation necessary to comply with MS4 permit requirements.
1. Permanent control measures.
a. — No change.
b. "Base design standards" can be found in the Weld County Engineering and
Construction Criteria Manual (Appendix 8-Q, Sec. 6.2.6.2 - Permanent
Water Quality Control Measure Design).
c. — No change.
2. As -built submittal.
a. After construction of drainage is complete, a certified as -built drawing,
signed and stamped by a Professional Surveyor and licensed Professional
Engineer in the State of Colorado, shall be submitted to the Department of
Public Works.
3. Final inspection and acceptance.
a. After receiving the as -built, the County shall inspect the site to verify
compliance with the Drainage Report, Drainage and Access Easements,
Long -Term Operation and Maintenance Plan, and other submitted
documentation. If the Department of Public Works determines the site has
met the requirements of this Section, the site will be allowed to obtain a
Certificate of Occupancy (CO). Otherwise, the parcel will remain on hold
until all requirements have been met.
4. Post -acceptance oversight.
a. Inspections of permanent control measures. Inspections shall be
conducted at least every five (5) years, or an alternative frequency
determined by the Department of Public Works, to ensure adequate long-
term operation and maintenance of permanent control measures. The
County Inspector shall verify the permanent control measure with the
as -built and long-term operation and maintenance plan. If the inspector is
unable to visually verify adequate functioning and maintenance of the
permanent control measure, additional requirements may apply. Additional
requirements may be avoided by installing structural components, such as
a concrete trickle channel, which allows visual verification of adequate
functioning and maintenance.
4.b. thru 5. — No change.
C. Exemptions.
1. — No change.
2. A list of allowable exemptions under the MS4 permit can be found in the Weld
County Engineering and Construction Criteria Manual (Appendix 8-Q, Sec. 6.2.6.1
— Exemptions). The most common exemptions are as follows:
a. Large -Lot Single -Family Sites: A single-family residential lot, or agricultural
zoned lands, greater than or equal to 2.5 acres in size per dwelling and
having a total lot impervious area of less than 10 percent. A total lot
imperviousness greater than 10 percent may be allowed when a study
specific to the watershed demonstrates the expected soil and vegetation
conditions are suitable for infiltration/filtration of the WQCV for the site. The
maximum total lot impervious covered under this exclusion shall be 20
percent.
b. Undeveloped Land: Sites with land disturbance to undeveloped land (land
with no human -made structures such as buildings or pavement) that will
remain undeveloped.
c. Above Ground and Underground Utilities: Activities for installation or
maintenance of underground utilities or infrastructure that does not
permanently alter the terrain, ground cover, or drainage patterns from those
present prior to the construction activity. This exclusion includes, but is not
limited to, activities to install, replace, or maintain utilities under roadways
or other paved areas that return the surface to the same condition.
D. Enforcement.
1. Failure to comply with this Section is a violation of this Article and enforcement
procedures shall be pursued as detailed in Section 8-9-130. Additionally,
noncompliance may result in an `MS4 hold' and may be placed on the applicable
parcel(s), which prevents future permitting of the site until the parcel(s)
requirements are met.
Amend Sec. 8-9-130. Enforcement procedures.
A. — No change.
B. Informal notice of violation. Except where a threatened discharge exists and/or emergency
suspension is necessary, the Department of Public Works shall attempt to provide an initial
informal notice to a person violating this Article. Such notice shall specify the location, type
and severity of the violation and request that such person take immediate action to
address the violation. Notices of violation are followed by compliance inspections to
ensure the violation has been resolved. Failure to correct the violation within the specified
time may result in a formal notice of violation. In the event reasonable efforts to
communicate the informal notice to such person are unsuccessful, a formal notice of the
violation shall be issued by the Department of Public Works.
Causes for informal notices of violation include, but are not limited to:
1. Minor issues of improper handling, storage or disposal of potential stormwater
pollutants;
2. and 3. — No change.
C. Formal notice of violation. If the violation for which informal notice was given has not been
resolved within fourteen (14) days of such notice, and no plan for corrective action has
been communicated, and except where emergency suspension is necessary, the
Department of Public Works shall provide a formal notice of violation to persons violating
this Article. Formal notices of violation are also issued for recurring violations and/or
violations more severe in nature. Notices of violations are followed by compliance
inspections to ensure the violation has been resolved. Recurring violations may result in
fees being assessed in accordance with Section 8-9-140 and/or enforcement methods
being pursued in accordance with Section 8-9-150.
Causes for formal notices of violation include, but are not limited to:
1. thru 9. — No change.
Such notice shall describe the nature of the violation and may require without limitation:
1. thru 4. — No change.
If abatement of a violation and/or restoration of affected property are required, the notice shall set
forth a reasonable deadline within which such remediation and/or restoration must be completed.
The written notice of violation shall be served by email or hand delivery or by certified mail, return
receipt requested.
Remainder of section — No change.
ARTICLE XI - Storm Drainage Criteria
Division 1- General Provisions
Amend Sec. 8-11-10. Intent.
A. The intent of the chapter is to provide minimum standards to preserve and protect the
public health, safety and general welfare in the unincorporated lands of the County,
pursuant to authority granted by Part 4 of Article 15 of Title 30, and Article 35 of Title 30,
C.R.S.
Remainder of section — No change.
Amend Sec. 8-11-20. Definitions.
For the purpose of this article, the following terms, phrases, and words and their
derivations shall have the meanings given herein:
Retention pond/Stormwater Infiltration facility: A flood control feature designed to
temporarily store stormwater runoff and reduce peak flows. Retention ponds return water to the
watershed through infiltration into the ground.
Remainder of section — No change.
Amend Sec. 8-11-30. Adoption of storm drainage standards.
A. The Mile High Flood District's "Urban Storm Drainage Criteria Manual," (MHFD Manual)
consisting of Volume 1, Volume 2, and Volume 3, as currently published or hereafter
amended, is hereby adopted by reference, with the amendments and additions which are
set forth herein. All references to "District" or "The District" within the MHFD Manual shall
be replaced with "Weld County". All facilities for stormwater management on properties
located within the unincorporated lands of the County, whether public or private, shall be
designed and constructed in accordance with such criteria, unless a master drainage plan
specific to the area of the site has been approved by the County.
B. The criteria and procedures contained in this article are intended to supplement the MHFD
Manual in ways specific to Weld County. In the case of a conflict between the MHFD
Manual and the supplemental criteria and procedures in this article, such supplemental
criteria and procedures shall take precedence over the MHFD Manual.
C. Further guidance for stormwater design and construction shall be in accordance with
Chapter 5 of the Weld County Engineering and Construction Criteria.
Amend Sec. 8-11-40. Drainage policy.
A. — No change.
B. For new development, un-detained discharges to roadside ditches located in the County
road right-of-way are prohibited.
C. and D. — No change.
E. Weld County shall review and approve new development in accordance with the storm
drainage criteria of this article.
F. — No change.
G. Irrigation ditches shall not be used as outfall points for stormwater runoff from Uses by
Special Review, Site Plan Reviews, Subdivisions, Planned Unit Developments, or
WOGLAs unless such use is approved, in writing, by the ditch owner(s). Water quality
treatment may be required.
H. An as -built survey of stormwater facilities shall be provided if requested by Weld County.
Add Sec. 8-11-45. Exceptions.
A. Exception criteria. Exceptions to stormwater detention shall not jeopardize the public
health, safety, and welfare of public and private property. No stormwater detention will be
required for sites that meet any of the following conditions. Requirements of the Municipal
Separate Storm Sewer System (MS4) areas remain applicable. Weld County will confirm
if the development qualifies for an exception based upon the information provided by the
applicant. Exception requests shall be supported with an approved drainage narrative,
which must describe the following minimum criteria:
1. The exception being requested for consideration.
2. Any existing and proposed improvements to the property.
3. thru 8. — No change.
B. Exceptions. Uses that can be excepted from stormwater detention are limited to the
following:
1. thru 5. — No change.
6. Gravel pits if the stormwater drains into the gravel pit. Releases from the site shall
comply with the Weld County Engineering and Construction Criteria, including
dewatering. Topographical information shall be provided.
7 Residential developments with no historic flooding where all the following
conditions exist. This exception shall be supported by calculations provided by the
Applicant. Additional information may be requested and will be signed and
stamped by a Colorado Licensed Professional Engineer:
a. Nine (9) lots or fewer.
b. The minimum lot size is equal to, or greater than, three (3) acres per lot.
Delete c. Downstream roadway criteria are not exceeded.
c. The total post -development imperviousness for the rural residential
development does not exceed ten percent (10%), assuming that all internal
roads and driveways are paved.
8. Development of sites where the change of use does not increase the
imperviousness of the site. Note: This exception cannot be applied to sites where
impervious surfaces were added for, or in conjunction with, a business that is/was
operating in violation and/or without the required Weld County land use permit.
9. A parcel of land or project site where the "total developed stormwater runoff' from
the 100 -year, 1 -hour storm is less than, or equal to, five (5) cfs. The "total
developed stormwater runoff' includes cumulative runoff from the proposed project
site plus runoff from any previously developed project site on the subject parcel.
A project site is the area of land that lies within the project's limits of disturbance
during construction. This exception shall be supported by calculations signed and
stamped by a Colorado Licensed Professional Engineer.
10. In -fill development parcels with total area less than, or equal to, one (1.0) gross
acre.
11. An individual parcel with an unobstructed flow path and no other parcel(s) between
the channel within a Federal Emergency Management Administration (FEMA)
regulatory floodplain and the project.
12. A parcel greater than one (1) gross acre and less than, or equal to, five (5) gross
acres in size is allowed a onetime exception for a new four thousand (4,000) sq.
ft. of 100% impervious area or equivalent imperviousness. (See Appendix 8-Q in
the Weld County Engineering and Construction Criteria Manual for impervious
value percentages).
13. A parcel greater than five (5) gross acres in size is allowed a onetime exception
for a new nine thousand (9,000) sq. ft. of 100% impervious area or equivalent
imperviousness. (See Appendix 8-Q in the Weld County Engineering and
Construction Criteria Manual for impervious value percentages).
14. No change.
Amend Sec. 8-11-50. Rainfall.
The designer shall use the most appropriate and best available data for the project area
in determining the rainfall quantities. The applicant shall utilize local rainfall data from the National
Oceanic and Atmospheric Administration (NOAA) unless otherwise approved by Weld County.
The use of synthetic rainfall distribution data is not permitted.
Amend Sec. 8-11-60. Runoff.
A.
The Rational Method should not be used to determine runoff for basins larger than one
hundred sixty (160) acres. In areas located in the southwest portion of Weld County,
where areas are larger than one hundred sixty (160) acres SWMM is required.
Delete B.
Amend Sec. 8-11-70. Street drainage for use by special review, commercial, industrial,
planned unit development and residential subdivisions.
A. — No change.
B. Inlets.
1. The design guidelines provided in the streets/inlets/storm sewers chapter of the
MHFD Manual (Volume 1) should be used when designing stormwater inlets. The
standard inlets permitted for use in Weld County streets/roads are shown in the
following table:
Remainder of 1. and 2. (including both tables) — No change.
C. Pipes.
1. The design guidelines provided in the streets/inlets/storm sewers chapter of the
MHFD Manual (Volume 1) should be used when designing stormwater pipes.
Remainder of section — No change.
Amend Sec. 8-11-80. Major drainage.
A. — No change.
B.
Open Channel Design Principles.
1. Grass -lined open channels conveying less than fifty (50) cfs may reduce the
minimum 1.0 -foot freeboard requirement to the freeboard required to convey 1.33
times the 100 -year design flow. The reduced freeboard may only occur if a 1.0 -
foot minimum freeboard is not physically possible, and calculations are submitted
and accepted by Weld County.
2. Generally, channels and swales should be no steeper than 4:1. If steeper slopes
are required due to site constraints, the design engineer shall address how the
channel will be maintained.
Amend Sec. 8-11-90. Culverts in County road right-of-way.
A. Sizing.
1. The applicant shall contact Weld County to determine which types of storm sewer
pipes are permissible for use in County road rights -of -way or public drainage
easements.
2. — No change.
B. Materials. Culverts that are to be installed in a County road right-of-way that is routinely
burned must be made of either concrete or metal. Pipes made of flammable materials
(such as PVC or HDPE) will not be allowed in County road rights -of -way that are subject
to weed burning.
Amend Sec. 8-11-100. Storage.
A. Detention Criteria.
1. and 2. — No change.
3. Off -site flows can be routed over the spillway or routed around the site.
Delete a.
Delete b.
4. The elevation of the top of the detention pond embankment, except at the spillway,
must be a minimum of 1 -foot of freeboard above the 100 -year water surface
elevation in the detention pond.
5. Outlet structures should be sized and structurally designed to release at no more
than the 1 -hour, 5 -year historic release rate in urbanizing drainage areas and 1 -
hour, 10 -year historic release rate in non -urbanizing drainage areas without
structural or hydraulic failure. Historic is defined as an undeveloped site with a
2.0% imperviousness. The outlet pipe must contain a minimum of two concrete
cutoff walls embedded a minimum of eighteen (18) inches into undisturbed earthen
soil. The cutoff walls must be a minimum of eight (8) inches thick. The outlet pipe
bedding material must consist of native earthen soil, not granular bedding material,
to at least the first downstream manhole or daylight point.
6. — No change.
7. A concrete cutoff wall eight (8) inches thick, three (3) feet deep, and extending a
minimum of five (5) feet into the embankment on each side of the emergency
spillway opening, is required on all privately -maintained detention ponds and
regional detention ponds. The concrete cutoff wall permanently defines the
emergency spillway opening. The emergency spillway elevation must be tied back
into the top of the embankment using a maximum slope of 4:1.
8. and 9. — No change.
B. Retention Criteria.
1. thru 3. — No change.
4. The design of the retention facility must provide evidence that the pond will drain
in accordance with C.R.S. 37-92-602(8), as amended, when only draining through
the bottom of the pond (side slopes cannot be used in the calculation). A retention
pond that can cause injury to water rights or is in violation of state or federal law
will not be accepted.
C. Erosion Protection Design Criteria. Erosion protection for storage facilities must be
designed to prevent erosion and ensure that the sediment does not leave the site or impact
downstream properties. It will be necessary to leave erosion control measures in place
until one season of growth and the site reaches final stabilization (70% vegetative cover).
The Control Measures/BMPs outlined in the MHFD Manual (Volume 3) should be used.
Amend Sec. 8-11-110. Revegetation.
A. Weld County utilizes the information provided in the Revegetation Chapter of the MHFD
Manual (Volume 2), and the Best Management Practices Chapter of the MHFD Manual
(Volume 3). Weld County has highly recommended seed mixes that are applicable to
specific areas of the County. These seed mixes can be found in the Weed Management
Section of the Weld County Public Works Website. Noxious weeds shall be controlled on
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
B. Seeding and Planting. In addition to the site preparation guidelines outlined in the
revegetation chapter of the MHFD Manual (Volume 2), if mulching with straw, the straw
must be free of seeds and weeds.
Amend Sec. 8-11-120. Stormwater quality.
A. A water quality feature improves the quality of stormwater runoff resulting from the
impacts of site development. A water quality feature can be an existing low spot on a
property that naturally collects water, or it can be an area on a property that has been
excavated to capture stormwater runoff. The required water quality capture volume of a
feature is based on the site's size and imperviousness. A properly sized feature will
capture and hold stormwater runoff for the period of time necessary for contaminants to
settle out before stormwater runoff is allowed to exit the site.
B. An accepted methodology for a water quality feature design can be found in the MHFD
Manual, Volume 3, Best Management Practices.
Remainder of section — No change.
Amend Sec. 8-11-130. Control measures.
Weld County uses the Control Measures/BMPs that are outlined in the MHFD Manual
(Volume 3) Best Management Practices.
Amend Sec. 8-11-140. Maintenance.
A. Culverts located outside of County -maintained road rights -of -way are not maintained by
Weld County. The owners of those culverts are responsible for their maintenance. Culverts
that are part of a subdivision drainage plan are maintained by the respective homeowner's
association. Those culverts should be maintained and cleaned out annually, per the
drainage report maintenance plan, or on an as -needed basis to ensure proper drainage
of the subdivision.
B. thru D. — No change.
E. Areas designated for stormwater storage, retention, or detention are not to be used for
storage of materials, building, or parking, or modified without approval from Weld County.
Amend Sec. 8-11-160. Stormwater drainage criteria variances.
The variance procedure is intended to address cases of hardship. Relief from the
provisions of this article may not be granted when the hardship is brought about solely through
the actions of the appellant. No relief may be granted when the result of granting the requested
relief is detrimental to the public health, safety, and general welfare or when the relief is contrary
to the purpose and intent of this article. In granting any variance, Weld County may prescribe
appropriate conditions and safeguards in conformity with this article. Violation of such conditions
and safeguards, when made a part of the terms under which the variance is granted, shall be
deemed a violation of this article.
The variance request shall be stamped and signed by a professional civil engineer
licensed to practice in the State of Colorado. Requests will be reviewed by the proper Weld County
designee. In order to be granted, the variance request must meet the criteria as specified in
Chapter 12 of the Weld County Engineering and Construction Criteria (Appendix 8-Q of the Weld
County Code).
Delete A. thru E.
Remainder of section — No change.
ARTICLE XII - Grading Permit Policy
Amend Sec. 8-12-10. General.
The Grading Permit is a tool to ensure that the County has reviewed proposed grading
plans and erosion and sediment control practices for planned construction activities with the goal
of avoiding potential damages and risks to the public. A Grading Permit grants the Permit Holder
permission to conduct construction activities within the requirements of applicable state
regulations and provides the County with sufficient oversight to minimize the potential for offsite
damages. In addition, construction activities in the County must be compliant with applicable state
regulations regarding releases of sediment and water from construction sites. This policy shall
apply within all unincorporated areas of the County as of the effective date of this Article.
Amend Sec. 8-12-20. Purpose.
This Article recognizes the importance of protecting the health, safety and welfare of the
public, safeguarding County infrastructure, and the protection of water quality and private property
rights. This Article describes the minimum requirements for prevention of detrimental or negative
impacts to County water quality and damages to private property and County infrastructure by
construction activities within the County. The goals are:
A. thru C. — No change.
Add D. To identify and eliminate any preventable damages to County infrastructure caused by
construction activities.
Add E. To ensure compliance with all Federal, State, and County laws and regulations pertaining
to grading and water quality.
Amend Sec. 8-12-30. Grading Permit.
A. Issuance of Grading Permit. A Grading Permit shall be issued only in compliance with the
rules and regulations set forth in this Article. In no event shall construction be allowed or
permitted if it is detrimental to the public health, welfare and safety or the grading and/or
sediment and erosion control plans indicate that the construction activities will be out of
compliance with Federal or State laws and regulations.
B. - No change.
C. No Work Without Permit. No person or entity may surface disturb, grade, construct or
excavate over one (1) acre of nonexempted ground without first having obtained a Grading
Permit from Weld County. In addition, no person or entity may grade, excavate, construct
or leave disturbed and unstabilized over one (1) acre of nonexempted ground beyond the
date or dates specified in the Permit unless: (1) the person or entity requests a written
extension before the expiration of the initial Permit; and (2) a new Permit or extension is
granted. It is a violation of this article to perform this work without a permit.
D. Exemptions. The following land disturbance activities are permissible without obtaining a
Grading Permit, unless otherwise located within a designated Municipal Separate Storm
Sewer Systems (MS4) area. The Department shall determine if the exemption is in
accordance with the County's MS4 permit. Other permits, such as right-of-way, flood
hazard or OWTS, may still be required.
1. thru 4. — No change.
5. County capital improvement or County maintenance projects within a road right-
of-way and temporary construction easements (TCE).
6. — No change.
7. Maintenance and resurfacing of existing streets/roads, parking/outdoor storage
areas, runways, and sidewalks/trail systems.
8. Performance of emergency work necessary to prevent or mitigate an immediate
threat to life or property when an urgent necessity arises. The person performing
such emergency work shall promptly notify Weld County of the problem and work
required. Any person performing such emergency work shall immediately notify
Weld County of the situation and the actions taken. The Weld County Public Works
and/or Planning Services Director may, however, require such person to obtain a
Grading Permit to implement remedial measures to minimize erosion resulting
from the emergency.
9. and 10. — No change.
11. Land disturbance associated with the construction of natural surface trails may be
exempted by Weld County except within designated MS4 areas, provided that the
procedure outlined in this Article is completed prior to commencement of any trail
construction. If exempted, the land disturbance associated with the construction of
natural surface trails shall generally conform with the performance standards of
this Article.
Amend Sec. 8-12-40. Definitions.
For the purpose of this Article, the following terms, phrases, words and their derivations
shall have the meanings given herein:
Add Construction dewatering permit: means the Colorado Discharge Permitting System
(CDPS) General Permit COG080000, Construction Dewatering Discharges, which is regulated by
the Colorado Department of Public Health and Environment, Water Quality Control Division.
Add Construction stormwater permit: means the Colorado Discharge Permitting System
(CDPS) General Permit COR400000, Stormwater Discharges Associated with Construction
Activity, which is regulated by the Colorado Department of Public Health and Environment, Water
Quality Control Division.
Right-of-way (ROW): means a strip of land that is dedicated or granted to and accepted
by Weld Couonty for transportation purposes, such as a roadway or highway, whether maintained
or non -maintained by Weld County. The term is used as both singular and plural.
Add Stormwater construction permit: is the state -issued permit for construction activity
disturbing one (1) acre or more, including disturbance less than one (1) acre but is part of a larger
common plan of development or sale.
Amend Sec. 8-12-50. Grading Permit application.
A. Complete Application Required. Applicants shall file a complete application for a Grading
Permit. Based upon the information provided in the application, additional submittals may
be required by Weld County if sufficient information was not provided for review of the
application. An application shall be considered complete if it is submitted in the required
form, includes all mandatory information, including all supporting materials specified by
application, and is accompanied by the applicable fee. If an application is determined to
be incomplete, Weld County shall provide notice to the applicant, along with an
explanation of the application's deficiencies. No further processing of the application shall
occur until the deficiencies are corrected in a future resubmittal. An application which is
determined to be incomplete may, or may not, retain its same processing cycle.
B. A complete application will typically include civil engineering drawings signed and sealed
by a registered Civil Engineer in the State. The drawings shall include a grading plan (with
existing and proposed contours, spot elevations, and earth balance when requested), and
a drainage plan. In addition, a Sediment and Erosion Control Plan that shows the location
and types of control measures to be utilized at the site shall be provided. Typical control
measure installation details and maintenance notes should also be on the drawings.
C. — No change.
Amend Sec. 8-12-60. Application review, Grading Permit issuance, permit expiration and
permit extension.
A. Review Process. The application and other data filed by an applicant for a Grading Permit
shall be reviewed by Weld County. The application may also be reviewed by other
departments or agencies to verify compliance with any applicable laws. If Weld County
finds that the work described in an application for a Grading Permit conforms to the
requirements and regulations set forth in this Article and meets the requirements defined
in the Weld County Engineering and Construction Criteria Manual (Appendix 8-Q) or other
pertinent laws regulations or ordinances, and that all required fees have been paid, a
Grading Permit shall be issued to the applicant. Criteria upon which the Grading Permit
shall be considered include, but are not limited to, the following:
1. thru 3. — No change.
B. Changes in a Weld County Grading Permit. AWeld County Grading Permit shall not be
changed, modified or altered without written authorization from the County. All work shall
be done in conformance with the Permit issued.
C. Permit Limitations. An Weld County Grading Permit requires the Permit Holder to meet
certain permit specifications and general engineering standards. Weld County shall be
responsible for ensuring compliance with such specifications and standards. The issuing
and granting of the Grading Permit shall not be construed to be a permit for, or an approval
of, any violation of any of the provisions of this Article or of any Federal, State or County
regulations. Additionally, the issuance of the Grading Permit shall not be construed as the
approval or issuance of any necessary permits referred to in this Code.
D. Indemnification. Every Weld County Grading Permit issued shall include the following
language: "Permit Holder, its agents, employees, subcontractors, contractors and assigns
hereby agree to hold Weld County, Colorado, the agencies thereof and their officers and
employees harmless from any and all loss and damage or any claims which may arise out
of, or be connected with, the construction within the area covered by this permit; excluding
any such loss and damage or any claims (including consequential damages) which may
be caused solely by the negligence of Weld County, the agencies thereof or its officers
and employees."
E. — No change.
F. Permit Expiration. Every Weld County Grading Permit shall expire one (1) year from the
issuance of the permit. If the permit has expired, the Grading Permit must be reissued by
the County before work can begin or be resumed. Prior to the expiration or closure of the
Grading Permit, the disturbance shall be stabilized, and non -permanent control measures
shall be removed.
G. Permit Extension. Any Permit Holder with an unexpired Grading Permit may apply, in
writing, for an extension of the time within which work may begin under that Grading Permit
if the Permit Holder is unable to begin or complete work within the time required for good
cause, and that the cause is acceptable to Weld County. There may be an extension fee
assessed to cover administrative costs.
Amend Sec. 8-12-80. Permit Holder's general responsibilities.
A Permit Holder is responsible for the following items. Additional requirements and more
detailed information are shown in the Special Provisions of the Grading Permit.
A. Control Measures. The Permit Holder shall ensure that all erosion and sediment control
measures shown on the accepted plans are correctly installed and maintained.
B. Other Permits. The Permit Holder shall secure all permits required by federal, state and
local agencies. Written documentation from an outside agency stating that the grading
activities do not require an agency permit shall be provided to the County when requested.
C. — No change.
D. Surety. If deemed necessary by Weld County, the Permit Holder shall provide a surety
bond and/or other security for the total amount required to stabilize, restore or reclaim the
disturbed ground to prevent erosion and/or release of sediment, excessive storm water
and/or pumped water discharges to surface waters from the construction area. Said
security shall remain in effect for a period of twenty-four (24) months after all completion
of construction and establishment of erosional stability. The amount of the security shall
be sufficient to stabilize a disturbed site to prevent releases of sediment and water from
construction sites and protect the health, safety and welfare of the public. The amount
shall be based on cost estimates of site restoration provided by the applicant and accepted
by the County. Whether or not covered by surety, the Permit Holder shall reimburse the
County for any and all expenses incurred by the County within twenty-four (24) months
after completion of any work as a result of, or related to, failure by the Permit Holder to
perform all installation, construction, maintenance or other work pursuant to the Grading
Permit, in a workmanlike manner.
E. — No change.
F. Traffic Control. Construction activities impacting the County rights -of -way shall not
interfere with movement of traffic or compromise public safety. A County Right -of -Way
Use Permit may be required in addition to a Grading Permit.
G. Emergency Conditions. When a condition arises where emergency work must be
performed, the applicant shall immediately notify the County of the emergency event, type
and extent of work. Within two (2) business days after the occurrence of the emergency,
the applicant shall apply for the necessary permits, pay the associated fees and fulfill the
rest of the requirements necessary to comply with the Grading Permit for the actions the
applicant took in response to the emergency.
H. — No change.
I. Site Stabilization, Restoration and Cleanup. The Permit Holder shall assume all
responsibility for stabilizing the permitted site to prevent erosion and discharges of
sediment. The Permit Holder shall also assume all responsibility for removing all debris
associated with the construction activities in the County rights -of -way and all non-
permanent control measures. If, upon inspection, the County determines that there is risk
of erosional damage, or sediment discharges or debris has not been removed from the
County rights -of -way, the County shall notify the Permit Holder of the violation of the
Grading Permit conditions. The Permit Holder, upon notification from the County, shall
correct all work to the extent necessary. The work shall be completed within the time
period specified in the notice from the County. If the Permit Holder fails to establish site
stability or restore the rights -of -way in the manner and to the condition required, the
County may perform the restorations. In that event, the Permit Holder shall pay to the
County, within thirty (30) days of billing, the cost of restoring the County rights -of -way.
Remainder of section — No change.
Amend Sec. 8-12-90. Inspections.
A. Inspections during the construction period may be made by the County to ensure that work
is progressing in compliance with the Grading Permit. It shall be the responsibility of the
Permit Holder to provide safe access to the work site for the County and to all others, as
authorized by law, for inspection at all reasonable times during the execution and upon
completion of the work. At the time of inspection, the County may order the immediate
termination of any work which involves the unauthorized exportation of material, or which
poses, or is causing, a serious threat to the life, health, safety or well-being of the public.
B. It shall be the responsibility of the Permit Holder to notify the County when work is ready
for inspection. Weld County requires that every request for inspection be received at least
forty-eight (48) hours before such inspection. Such requests may be made by telephoning,
or emailing the Department of Planning Services. The presence of County employees on -
site shall not guarantee or qualify the Permit Holder's performance. The Weld County
Grading Permit must be available on -site for review by County staff. Failure to comply may
result in suspension of the Grading Permit.
C. To ensure compliance with this Article, the County may make, or require, inspections
and/or testing of any work as deemed necessary.Work performed without the required
inspections shall be subject to removal and replacement at the Permit Holder's expense,
regardless of the quality of the work. Any inspection hours required outside of the normal
working hours will be paid for by the Permit Holder. Certain types of work may require
continuous inspection. When such projects exceed the County's ability to provide ample
inspection, the Permit Holder will incur the cost for providing a private inspection firm to
conduct inspectons as needed. This third -party inspector will be appointed by the County
prior to issuance of the Grading Permit.
Amend Sec. 8-12-110. Appeal of denial of Grading Permit.
If an application for a Grading Permit is denied by the County, or if the applicant objects
to any of the terms or conditions of a permit thereby placed by the County, the applicant has the
right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal
procedures set forth in Section 2-4-10 of this Code.
Amend Sec. 8-12-120. Failure to comply with terms of grading permit.
A. The issuance of the Grading Permit based on plans, specifications or other data shall not
prevent the County from requiring the correction of errors in the plans, specifications and
other data, or from stopping excavation or construction operations being conducted in
violation of this Article or any other state or County regulations. Failure of the applicant to
comply with any of the terms and conditions of the Grading Permit shall be sufficient cause
for cancellation of the Grading Permit.
B. The Permit Holder shall prevent releases of sediment and water from construction sites
that have the potential to cause damage to private property or County -maintained
infrastructure. In the event that construction activities result in erosion or sediment and
water discharges causing damage, the Permit Holder shall immediately attempt to prevent
further harm, by installing or replacing appropriate control measures and correct any
unsatisfactory work.
C. Right -of -Way Damage. The Permit Holder shall correct any unsatisfactory work. Actions
to remedy unsatisfactory work may include the patching and/or the removal and
replacement of defective pavement. Other actions may be required. If the Permit Holder
fails to restore the County rights -of -way in the manner and to the condition required by the
Department of Public Works, or fails to satisfactorily and timely complete all restorations
required by the Department of Public Works to a same or better condition, or in a timely
manner, the County shall have the right to perform the restorations at the expense of the
Permit Holder.
Amend Sec. 8-12-130. Permit suspension or revocation.
A. The County may deny, revoke or suspend any Grading Permit in order to protect the public
health, safety and welfare. Permit Holders hold Grading Permits as a privilege. The County
reserves the right to revoke any Grading Permit without a fee refund when the Permit is
issued in error, based on incorrect information provided by the applicant, or when the
Permit is issued in violation of any provisions of this Article.
B. The grading permit will be suspended should the County determines that the Permit
Holder has committed a substantial breach of the terms or conditions of any statute,
ordinance, rule, or regulation, or any condition of the Grading Permit itself. Weld County
will notify the Permit Holder of the Grading Permit suspension by either phone, or in
writing, and mandate that the Permit Holder remedy the violation. The demand shall state
that continued violations may be cause for revocation of the Grading Permit. Further, a
substantial breach shall allow the County to place additional or revised conditions on the
Grading Permit.
C. Within twenty-four (24) hours of receiving notification of the suspension, the Permit Holder
shall contact the County with a plan of correction which must be accepted. The Permit
Holder's failure to contact the County, to submit an acceptable plan, or to reasonably
implement the accepted plan shall be cause for immediate revocation of the Grading
Permit and termination of work. Upon revocation of the Grading Permit, the Permit Holder
will be required to re -apply for a new permit and will be charged for any additional fees
that may be applicable.
Amend Sec. 8-12-140. Penalties.
A. Violations and Penalties. The County, through the Departments of Planning Services and
Public Works or other County departments so authorized, may enforce this Article through
methods included in this Article or through other methods adopted by the Board of County
Commissioners.
Remainder of section — No change.
ARTICLE XIII - Right -of -Way Use Permit Policy
Amend Sec. 8-13-10. General.
The County strives to keep its road right-of-way in a state of good repair and free from
unnecessary encumbrances. The Right -of -Way Use Permit is a tool to regulate and permit the
use of Weld County's public road right-of-way by private companies, municipalities and/or special
district constructing and burying lines either crossing or running parallel within Weld County road
right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of
"public utilities" that are defined in C.R.S. § 40-1-103 and are "domestic or foreign electric light
power, gas, or pipeline companies" holding current Certificates of Public Convenience and
Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities,
water districts, and water and sewer districts; for transmission lines or pipelines used solely for
agricultural purposes; for fresh water above -ground transfer pipelines; and for lines in non -
maintained road right-of-way if approved by Weld County based upon locational factors, such as,
surrounding population density, topography, or if the road right-of-way provides access to a
recorded exemption lot, and with Permittee's agreement to move the line at its sole expense if
Weld County or an annexing municipality intends to improve the road right-of-way; or if authorized
by the Board of County Commissioners in an appeal of the denial of a Right -of -Way Use Permit
application, pursuant to Section 8-13-110, below. Public road right-of-way subject to regulation
by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained road
right-of-way, and all public drainage easements. A Right -of -Way Use Permit grants the Permittee
and its Contractors permission to occupy designated County road right-of-way. The Permit
authorizes excavation, surveying, and/or construction of facilities within the County road right-of-
way and provides for their subsequent restoration upon completion of the Project. This Policy
shall apply within all unincorporated areas of the County.
Amend Sec. 8-13-20. Purpose.
This Article recognizes the importance of protecting the health, safety and welfare of the
traveling public, maintaining efficient traffic flow and preserving the integrity of Weld County's road
right-of-way.
Amend Sec. 8-13-30. Regulation of work in county road right-of-way.
A. Issuance of Right -of -Way Use Permit. A Right -of -Way Use Permit shall be issued only in
compliance with the rules and regulations set forth in this Article. In no event shall
construction within the County road right-of-way be allowed or permitted if it is detrimental
to the public health, welfare and safety.
B. Right -of -Way Use Permit Necessary. A Right -of -Way Use Permit is required for
occupying, constructing, maintaining or excavating facilities within, and for encroaching
upon, any County road right-of-way.
C. No Work Without Right -of -Way Use Permit. No person or entity may occupy, construct,
perform maintenance or excavate within any County road right-of-way or easement, or
encroach upon any County rights -of -way or easement, without first having obtained a
Right -of -Way Use Permit from the Department of Public Works. In addition, no person or
entity may excavate, construct, perform maintenance or occupy the County road
right-of-way beyond the date or dates specified in the permit unless: (1) the person or
entity requests a written extension before the expiration of the initial permit, and (2) a new
permit or extension is granted.
Amend Sec. 8-13-40. Definitions.
For the purpose of this Article, the following terms, phrases, words and their derivations
shall have the meanings given herein:
Permittee means the owner, operator, person and/or entity constructing, excavating or
occupying the County road right-of-way who has obtained a permit pursuant to this Article.
Right -of -Way (ROM) means a portion of land that is dedicated or granted to and accepted
by Weld County for transportation purposes, such as a roadway or highway whether maintained
or non -maintained by Weld County. The term is used as both singular and plural.
Remainder of definitions — No change.
Amend Sec. 8-13-50. Right -of -Way Use Permit application.
Complete Application Required. Applicants shall file a complete application for a
Right -of -Way Use Permit. Based upon the information provided in the application, additional
submittals may be required by the Department of Public Works if sufficient information was not
provided for review of the application. An application shall be considered complete if it is submitted
in the accepted form, includes all mandatory information, including all supporting materials
specified by application. If an application is determined to be incomplete, the Department of Public
Works shall provide notice to the applicant, along with an explanation of the application's
deficiencies. No further processing of the application shall occur until the deficiencies are
corrected in a future resubmittal. An application which is determined to be incomplete may or may
not retain its same processing cycle. The Right -of -Way Use Permit is found in Appendix 8-P, the
terms and conditions of which are incorporated into this Article.
Amend Sec. 8-13-60. Application review, Right -of -Way Use Permit issuance, permit
expiration and permit extension.
A. Review Process. The application and other data filed by an applicant for a Right -of -Way
Use Permit shall be reviewed by the Department of Public Works. The application may
also be reviewed by other departments or agencies to verify compliance with any
applicable laws. If the Department of Public Works finds that the work described in an
application for a Right -of -Way Use Permit conforms to the requirements and regulations
set forth in this Article, meets the requirements defined in the Weld County Engineering
and Construction Criteria Manual (Appendix 8-Q) or other pertinent laws regulations or
ordinances, and that all required fees have been paid, a Right -of -Way Use Permit shall be
issued to the applicant. Criteria upon which the Right -of -Way Use Permit shall be
considered include, but are not limited to, the following:
1. Safety: Occupation, construction, maintenance or excavating within the County
road right-of-way must not create a safety hazard to the travelling public.
2. Constructability: All construction or excavation within the County right-of-way must
be able to be performed according to general construction practices.
B. — No change.
C. Permit Limitations. An approved Right -of -Way Use Permit requires the Permittee to meet
certain permit specifications and general engineering standards when working within the
Weld County road right-of-way. The Department of Public Works shall be responsible for
ensuring compliance with such specifications and standards. Reasonable care should be
used to avoid damaging the existing roadway and/or County road right-of-way. The issuing
and granting of the Right -of -Way Use Permit shall not be construed to be a permit for, or
an approval of, any violation of any of the provisions of this Article or of any regulations of
the County.
D. Indemnification. The Permittee, its agents, employees, subcontractors, Contractors and
assigns, hereby agrees to hold Weld County, Colorado, the agencies thereof and their
officers and employees harmless from any and all loss and damage or any claims which
may arise out of, or be connected with, the construction, installation, maintenance,
alteration, removal or presence of the lines installed and/or constructed herein referred to
or any work or facility connected therewith, within the area covered by this permit;
excluding any such loss and damage or any claims (including consequential damages)
which may be caused solely by the negligence of the County, the agencies thereof or its
officers and employees. The Permittee fully understands that all line installation,
construction, maintenance and relocation will be performed at no expense whatsoever to
the County.
E. Permit Expiration. Every issued Right -of -Way Use Permit shall expire if the work
authorized by the permit has not substantially begun within three (3) months from the date
of the permit issuance or if the construction of work authorized by the permit is suspended
or abandoned for a period of one (1) year at any time after the work has begun. Before
work can begin or be resumed, a new permit must be applied for and reissued by the Weld
County Department of Public Works.
F. Permit Extension. Any Permittee with an unexpired Right -of -Way Use Permit may apply,
in writing, for an extension of the time within which work may begin or be completed under
that permit if the Permittee is unable to begin and complete work within the time required
for good cause, and that the cause is acceptable to the Weld County Department of Public
Works. If Permittee does not apply prior to the Permit expiring, the Permittee shall reapply
for a new Permit. Projects in progress under and expired Permit shall suspend work until
a new permit is issued. There shall be an extension fee assessed to cover administrative
costs.
Amend Sec. 8-13-70. County authority.
A Right -of -Way Use Permit is considered to be a license for use of the County road right-
of-way. The Department of Public Works shall have the authority to suspend work, wholly or in
part, because of the failure of the Permittee to properly execute the work in accordance with this
Article. Weld County, notwithstanding the issuance of any permit or construction in Weld County
road right-of-way, reserves the right to make any changes, additions, repairs or required
relocation of any facilities within the dedicated road right-of-way at any time including, but not
limited to, in connection with the relocation, reconstruction, widening and maintaining roads or
road right-of-way, without compensating the owner.
Amend Sec. 8-13-80. Permittee's general responsibilities.
The Permittee is responsible to comply with all of the terms and conditions set forth in this
Article and the Right -of -Way Use Permit found in Appendix 8-P.
Amend Sec. 8-13-90. Inspections.
A. Inspection of work performed within Weld County road right-of-way, pursuant to an
approved Right -of -Way Use Permit, is required. Inspections during the construction period
will be made by the Weld County Department of Public Works to ensure that work is
progressing in compliance with the Permit. If at any time during an inspection it is
determined work is out of compliance with the Permit or there is a safety concern, a stop
work order shall be enforced until compliance has been returned. It shall be the
responsibility of the Permittee to provide safe access to the work site for the Department
and to all others, as authorized by law, for inspection at all reasonable times during the
execution and upon completion of the work. At the time of inspection, the Department may
order the immediate termination of any work which poses a serious threat to the life,
health, safety or well-being of the public.
B. It shall be the responsibility of the Permittee to notify the Department of Public Works when
work is ready for inspection. The Department requires that every request for inspection be
received at least forty-eight (48) hours before such inspection. Such requests may be
made by telephoning, or emailing the Department. The presence of Department
employees on -site shall not guarantee or qualify the Permittee's performance. The
approved permit must be available on -site for review by Department staff. Failure to
comply will result in suspension of the Permit.
C. — No change.
Amend Sec. 8-13-100. Administrative fee.
All required fees shall be paid in full prior to Permit issuance. The fee schedule for Right -
of -Way Use Permits shall be as determined by resolution of the Board of County Commissioners
and shall be shown on the permit. If the applicant objects to the denial of a permit application by
the Weld County Department of Public Works, or objects to any of the terms or conditions of a
permit thereby placed by the Department, the applicant has the right to appeal the decision to the
Board of County Commissioners, in accordance with the procedures detailed in Section 12-4-110,
below.
Amend Sec. 8-13-110. Appeal of denial of Right -of -Way Use Permit.
Remainder of section — No change.
Amend Sec. 8-13-120. Failure to comply.
A. — No change.
B. The Permittee shall correct any unsatisfactory work including, but not limited to, defects in
removal, replacement or patching. If the Permittee fails to restore the Weld County road
right-of-way in the manner and to the condition required by the Weld County Department
of Public Works or fails to satisfactorily and timely complete all restorations required by
the Department, the County shall have the right to perform the restorations at the expense
of the Permittee.
C. Weld County reserves the right to require relocation of any facilities within the dedicated
road right-of-way at any time without compensating the owner. If the Contractor or
Permittee does not perform the required relocation within four (4) months of notification
from the Weld County Department of Public Works, no new permits will be issued from
the Department of Public Works for the contractor until the relocation has been
accomplished.
Amend Sec. 8-13-140. Enforcement.
A. — No change.
B. Criminal Penalties.
1. It is unlawful to occupy, construct or excavate within any Weld County road
right-of-way or encroach upon any County right-of-way, unless a Right -of -Way Use
Permit is first issued. Any person, firm or corporation violating any provision of this
Article is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be
punishable by a fine of three hundred dollars ($300.00) or by imprisonment in the
County jail for not more than ten (10) days, or by both such fine and imprisonment,
for each separate violation. Each day during which such violation continues shall
be deemed a separate offense.
Remainder of section — No change.
ARTICLE XIV - Road Access Policy
Amend Sec. 8-14-10. Intent of road access policy.
This Article XIV is established for the safe and efficient movement of traffic while allowing
reasonable and safe access to properties. It is necessary to protect the public health, safety and
welfare to maintain conventional traffic flow along with unobstructed roadside drainage and to
protect the functional integrity (safety, mobility, and capacity) of County roadways. Access
management is an important tool in transportation planning, which identifies the safety, spacing
and location of driveways, median openings, and the interconnectivity of road classifications to
maintain the access and mobility function of collector and arterial roads. This Article XIV shall
apply to all accesses utilizing County rights -of -way within the unincorporated area of Weld County.
Amend Sec. 8-14-20. Purpose and intent.
The purpose of access management is to manage the safety of existing and proposed
accesses adjacent to land uses on County roads to ensure that safety, capacity, and function are
preserved and a reduction in conflict points occurs. This Article XIV describes the minimum
requirements for the design, construction and maintenance of accesses onto Weld County road
rights -of -way and requires the issuance of an access permit prior to construction.
Amend Sec. 8-14-30. Regulation of access onto County roadways.
A. Access to a Single Parcel. Each parcel shall be limited to one (1) safe access point for
safe ingress and egress, which may be an existing or new shared access, except if allowed
pursuant to Subsection E., below.
B. Access Permit Required. An access permit shall be required for any of the following:
1. Constructing a new safe access onto a County road right-of-way,
2. Reconstructing, paving, altering, relocating, or enlarging an existing access
location,
3. Changing the use or type of traffic of any existing access location, or
4. Increasing the amount of traffic using an existing access location.
C. Issuance of Access Permit. Access Permits shall be issued only in compliance with the
rules and regulations set forth in this Article XIV. In no event shall an access be allowed,
or permitted, if it is detrimental to the public health, welfare, and safety. No such work shall
commence prior to the issuance of an Access Permit.
D. Emergency Access Allowed. Police, fire, ambulance and other emergency providers may
have direct access to County roadways, on a case -by -case basis, if no other access is
permitted. If allowed, the emergency access shall be gated and include a Knox box, or
other types of safety improvements.
E. Additional Access. Additional accesses to a parcel may be allowed if the applicant
demonstrates a need for more than one access, the proposed accesses comply with the
spacing criteria for that road, and no other safety concerns exist (e.g. sight distance
concerns). If a new access is requested that does not meet the spacing criteria to a legal
parcel where an existing access already exists, the additional access shall not be
approved unless the denial of the new access would create undue hardship on the
property owner, as determined by Weld County. Whenever multiple accesses to a single
legal parcel exist, and additional accesses are requested, one (1) or more existing
accesses must be removed, minimizing new accesses, and utilizing existing accesses.
F. Access Permit a Condition of Building Permit.
1. When a new or upgraded access locationis to be constructed in conjunction with
any construction authorized by a building permit, the issuance of an access permit
shall be a condition for obtaining a building permit for such construction.
2. When the property owner intends to use a Historical Access Location in
conjunction with any construction authorized by a building permit, the property
owner shall apply for a new access permit for any existing access location never
previously permitted. Unless otherwise required by this Article XIV, such access
permit shall not require the closure, relocation, upgrade, or any other physical
change to the Historical Access Location and shall be for the purpose of identifying
the Historical Access Location. In that circumstance the property owner shall not
be charged an access permit application fee.
G. Definitions.
Access means the physical location where vehicles enter onto a maintained County road
right-of-way.
Change in Type of Traffic means a change to the type of vehicles that use the existing
access location, including but not limited to, a change from passenger vehicles to semi -
trucks, or a change from agricultural equipment to passenger vehicles.
Change of Use means a change in how a parcel that accesses onto a County road
right-of-way is used, regardless of whether the parcel is within the unincorporated part of
the County. Change of Use includes the construction of additional principal structures
(e.g. homes, offices, etc.), the increase of intensity of an existing use (e.g. expansion of
an existing business, etc.), change in zoning, change in lot lines, creation of new parcels,
and other land use changes. Change of Use does not include construction of accessory
structures, remodeling of existing structures that does not increase traffic to the site, or
similar changes.
Historical Access Location means an unpermitted access that was constructed and in -use
prior to the date that this Access Code was originally approved, July, 1, 2010. Unless
there is a safety concern, Historical Access Locations may continue to be used in the
manner they were historically used prior to that date. Any Change of Use, Change in Type
of Traffic, increase in amount of traffic, or change to the physical location of the Historical
Access Location (e.g. enlarging, reconstructing, paving, or otherwise altering) shall require
a new access permit.
Illegal Access means an unpermitted access that has been constructed or used when
otherwise required to obtain an access permit. Illegal Accesses do not include Historical
Access Locations that are used in the manner they were historically used prior to the
original approval of this Access Code.
H. Access Approval as a Condition of a Land Use Case. When an existing, or shared access
is to be utilized in conjunction with a land use case, the plat map shall identify the
preliminary approved access location prior to recording the plat. The property owner shall
apply for an access permit when ready to construct the access and may be required to
enter into an improvements and road maintenance agreement.
I. — No change.
Table 1 — Minimum Access Spacing Criteria (Feet) — No change.
Add J. Closure/Upgrade/Relocation of Accesses Presenting Safety Concerns. Weld County has
the authority to order an existing access location (whether permitted, historical, or illegal)
to be closed, upgraded, or relocated whenever it determines that a significant safety
concern exists. Such action shall be made at the property owner's expense.
Amend Sec. 8-14-40. Access permit application process.
A. Submittal Requirements; Complete Application. An application for an access permit shall
be considered complete if it is submitted on the required form, includes all mandatory
information, including all supporting materials and is accompanied by the applicable fee.
The application must be signed by the property owner or, if applicable, an authorized
agent. Written authorization to act on the property owner's behalf may be accepted if the
access application is not signed by the property owner. If an application is determined to
be incomplete, the Department of Planning Services shall provide written notice to the
applicant, along with an explanation of the application's deficiencies. No further processing
of the application shall occur until the deficiencies are corrected in a future resubmitted
application. An application which is determined to be incomplete may or may not retain its
same processing cycle.
B. Subdivision or Common Development Plan Access. Upon approval Weld County may
require one (1) access permit at the location where the proposed common development
plan or subdivision accesses to the County road to reduce the administrative burden on
staff and applicants requesting permits concurrently for multiple lots. Such "development
access" is subject to a development review application.
C. — No change.
D. Review Process. The application and information provided by an applicant for an access
permit shall be reviewed by Weld County. The application may be reviewed by multiple
departments or agencies to verify compliance with any applicable laws and codes. If Weld
County finds the information and supporting documentation in the application for an
access permit conforms to the policies and requirements set forth in this Article XIV, meets
the requirements defined in the Weld County Engineering and Construction Criteria, as
shown in Appendix 8-Q, or in other pertinent laws, regulations or ordinances, and that all
required fees have been paid, an access permit shall be issued to the applicant.
E. Changes in Approved Permit. An approved permit shall not be changed, modified or
altered without written authorization from Weld County. All work shall be done in
conformance with the approved permit.
F. Permit Limitations. An approved access permit expires after one (1) year from its date of
issuance and requires the permit holder to meet the specifications and general
engineering standards of the Weld County Engineering and Construction Criteria, as
shown in Appendix 8-Q. The proper Weld County staff shall be responsible for ensuring
compliance with such specifications and standards.
Remainder of section — No change.
Amend Sec. 8-14-50. Permit holder's general responsibilities.
A permit holder is responsible to comply with the general provisions of this Code, including
temporary accesses permits issued for the following items: Additional requirements and more
detailed information are shown in the special provisions of the access permit.
A. — No change.
B. Traffic Control. Access construction activities should not interfere with traffic on County
roadways. If interference with traffic is necessary, a traffic control plan shall be submitted
to, and approved by, the Department of Public Works as part of a Right -of -Way Permit
application. All traffic control shall conform to the most current version of the Manual on
Uniform Traffic Control Devices standards, which is available for review on the Federal
Highway Administration website. All regulatory signs require approval of the Board of
County Commissioners. If applicable, the permit holder shall be required to install all
necessary signage and shall bear all expenses for the fabrication and installation of road
name signs, permanent barricades, and signs required as part of a development project
(e.g., one way, no parking, no outlet, stop sign, speed limit, etc.).
C. — No change.
D. Tracking control. Permanent vehicle tracking controls provide stabilized site access where
vehicles exit a location onto a paved road. Vehicles are required to perform a complete
revolution of at tires prior to entering a County -maintained roadway. Effective vehicle
tracking control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial,
or high traffic volume accesses shall provide permanent tracking control devices, which
include, but are not limited to, double cattle guards or a paved (asphalt/concrete) tracking
pad extending three hundred (300) feet into the site to mitigate impacts to the paved road,
including damages and/or offsite tracking of mud or other materials. Requests for
temporary tracking control techniques must be approved by Weld County prior to
installation. Temporary tracking control shall be used during construction unless
permanent tracking control is installed ahead of construction activities; such devices
include, but are not limited to, crushed natural aggregate (recycled crushed concrete or
asphalt shall not be used for any vehicle tracking pads) along with a geotextile fabric or
pre -fabricated vehicle tracking pads with approved dimensions. Use -by -right permitted
agricultural accesses are exempt from tracking control requirements. Tracking control is
required for construction of accesses to prevent tracking from the site onto paved public
roadways. The permit holder may be held financially responsible for damage to the
roadway resulting from inadequate tracking control. All tracking control devices and
designs must be in accordance with the Weld County Engineering and Construction
Criteria, Appendix 8-Q.
E. Access Construction, Restoration and Clean-up. The permit holder is responsible for
installation of the correct culvert size(s), materials, and the cost of installation for new
access culverts whenever the installation of a culvert is made necessary by the creation
of a new access from private property to a county roadway. Accesses should be
constructed in a manner that minimizes erosion and does not result in disposition of silt
and debris upon the county roadway or roadside ditches. Accesses which slope down
toward the County road will be constructed to assure that water does not run onto or
across the traveled public way. This may include designing the crown, borrow ditches,
pans, or other elements so that they direct water to the existing drainage facilities along
the road. The permit holder shall assume all responsibility for removing all debris
associated with the access construction activities and restoring the County roadway to
pre-existing conditions. The access permit may allow construction of the access without
the need for obtaining a separate Right -of -Way Use Permit pursuant to this Chapter.
Installation of commercial/industrial access(es) may require a traffic control plan to be
approved with the access permit. the permit holder, upon notification from the
Departments of Public Works and/or Planning Services, shall correct any items not
consistent with the approved access permit within fourteen (14) days. If the permit holder
fails to restore the road right-of-way in the manner and to the condition required by the
Departments, the County may remove the access or perform the restorations and invoice
the permit holder for the expense(s) incurred by the County.
F. Access Sight Distance. Sight distance is essential to protect the traveling public at all
access points along County roadways. Sight distance is the length of roadway that is
clearly visible to the driver and is dependent upon the height of the driver's eye above the
road surface, the specified object height above the road surface, and the height of sight
obstructions within the line of sight. The minimum sight distance available on a roadway
must be sufficient to enable a vehicle traveling at or near the design speed to stop before
reaching a stationary object. In evaluating the overall performance of a roadway, both the
horizontal and vertical sight distances must be considered. When items such as walls,
buildings, bridge piers, cut slopes, or vegetation growth are near the roadway on the inside
of a curve, they can block a driver's view of the road ahead. If they are too close, the driver
will not have sufficient distance along the curved roadway to stop when a hazardous
condition comes into view. The minimum requirements and technical criteria for sight
distance are in the Weld County Engineering and Construction Criteria Manual, Appendix
8-Q.
Amend Sec. 8-14-60. Variance from specific access permit requirements.
A property owner may request a variance from specific requirements set forth in this Article
XIV. Weld County will consider requests for variances on a case -by -case basis. Requests for
variances may be submitted in a written letter to Planning Services addressing the hardship or
justification for the variance and supporting documentation to explain why they cannot comply
with the requirements of this Article or as outlined in the Weld County Engineering and
Construction Criteria, Appendix 8-Q. Requests will be reviewed and acted upon by the Planning
Services Director or designee to ensure they will adequately protect the public health, safety, and
welfare. Weld County staff will respond with an approval or denial in writing within thirty (30) days
of receipt of the variance request.
Amend Sec. 8-14-70. Appeal of denial of access permit.
If an access permit is denied by Weld County staff, or the applicant objects to any of the
terms or conditions of a permit thereby placed by the County, the applicant has the right to appeal
the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set
forth in Section 2-4-10 of this Code.
Amend Sec. 8-14-80. Enforcement.
A. Violations and Penalties. The County, through the Department of Planning Services or
other departments so authorized, may enforce this Article XIV through methods included
in this Section, or through other methods adopted by the Board of County Commissioners.
B. Criminal Penalties.
1. — No change.
2. Whenever the Department of Public Works and/or Planning Services, through one
(1) of its employees, has personal knowledge of any violation of this Article XIV, it
shall give written notice to the violator to correct such violation within sixty (60)
days after the date of such notice. Should the violator fail to correct the violation
within such sixty (60) day period, the Departments of Public Works and/or Planning
Services may request that the Sheriffs Office issue a summons and complaint to
the violator, stating the nature of the violation with sufficient particularity to give
notice of said charge to the violator. The summons and complaint shall require that
the violator appear in court at a definite time and place stated therein to answer
and defend the charge. One (1) copy of said summons and complaint shall be
served upon the violator by the Sheriff's Office in the manner provided by law for
the service of a criminal summons. One (1) copy each shall be retained by the
Sheriff's Office and Department of Planning Services and one (1) copy shall be
transmitted to the Clerk of the Court. The County may install barriers across or
remove any access not conforming to this Article XIV during the pendency of the
enforcement action.
3. and 4. — No change.
C. thru E. — No change.
F. Inspections. The Departments of Public Works and/or Planning Services or other County
departments may conduct an inspection of each access that is the subject of the access
permit to ensure full compliance with all provisions of this Article XIV and the terms of the
permit.
G. — No change.
H. Access Permit Issued Erroneously or Upon Incorrect Information. Any access permit
which has been issued in error or on the basis of incorrect information supplied by the
permit holder, shall be considered void. In the event an access permit is void, no refund
of permit fees shall be made unless the access permit was issued in error by Weld County
staff.
Notice Regarding Illegal Access. For an illegal access, the property owner shall be sent
written notice of any illegal access location or use. The owner shall be given sixty (60)
days notification of pending actions, after which the County may install barriers across, or
remove, any access not conforming to this Article XIV. Any access, driveway or curb -cut
being constructed within County road right-of-way without an approved access permit shall
be required to stop work immediately and apply for an access permit. If the permit is
approved, work may continue subject to the conditions of the permit. If the permit is denied,
any work that has been completed must be removed and the road and drainage facilities
returned to pre-existing conditions acceptable to the Department of Public Works and
Planning Services, upon completion of any appeal or the time for appeal pursuant to the
provisions of Section 8-14-70, above.
Amend Sec. 8-14-90. County authority.
Notwithstanding the issuance of any access permit or the construction of any access,
Weld County reserves the right to make any changes, additions, repairs, conditions, and
relocation or closure of any part of an access within the County road right-of-way at any time,
including, but not limited to, in connection with the relocation, reconstruction, widening and
maintaining of the road or right-of-way, without compensating the owner of the access for the
damages to or destruction of the access.
Amend Sec. 8-14-100. Access Control Plans (ACP's), and additional techniques and
requirements for access on County roads.
A. and B. — No change.
C. Access Control Techniques. A reduction in accesses onto a County road will improve
traffic flow, operations, and safety of the traveling public. To reduce the number of existing
access points, applicants may be required to implement the following access control
techniques to reduce conflicts while maintaining adequate access to adjacent land uses.
1. Elimination. Applicants may be required to eliminate accesses identified as unsafe
locations, where there are more than two (2) existing accesses for a parcel, or do
not meet spacing requirements identified in the Weld County Engineering and
Construction Criteria Manual (Appendix 8-Q).
C.2. thru D. — No change.
E. Auxiliary Turn Lanes. Auxiliary lanes maintain the safety, traffic flow, and operation of a
roadway or access. Auxiliary lanes are required when unique location factors exist such
as roadway speed and traffic density, access volume, the volume of commercial trucks,
the influence of nearby accesses, existing auxiliary lanes close to the proposed access,
nearby traffic control devices, available stopping sight distance, and other topographic or
roadway design factors. When applicable, the access permit holder is responsible for
design, installation, any road right-of-way acquisition needed to accommodate the
required lane width. Required auxiliary turn lanes must be installed according to the
following traffic triggers:
1. thru 3. — No change.
4. A left turn acceleration lane with transition taper may be required if it would benefit
the safety and operation of the roadway. A left turn acceleration lane is generally
not required when the acceleration lane would interfere with the left turn ingress
movements to any other access. Further auxiliary lane design criteria can be found
in the Weld County Engineering and Construction Criteria Manual (Appendix 8-Q).
F Closure or Elimination of access. When an access is closed, abandoned or eliminated the
permit holder shall assume all responsibility for any activities related to the
closure/elimination and reclamation of access points stipulated to be removed. In the
event the issuance of an access permit requires an existing access point to be "closed
and reclaimed" it shall be completed by the stipulated date on the permit. If the county is
closing an access, the property owner will be notified in writing, prior to the closure
occurring of the date the County will close the access. Closure and reclamation activities
may include, but are not limited to, reestablishing the profile of the burrow ditch, removing
any culverts and gates in the fencing adjacent to the maintained road right-of-way, and
attempting to reseed the affected area located in the road right-of-way with natural
vegetation to the satisfaction of the Department of Public Works and Planning Services.
G. Roadway Improvements. Projects with high traffic/trip generation or safety concerns may
require public improvements; including but not limited to, auxiliary lanes, such as
acceleration and deceleration lanes, exclusive left or right-hand turn lanes, or a traffic
signal, in accordance with the Weld County Engineering and Construction Criteria Manual,
as shown in Appendix 8-Q. If these types of roadway improvements are required, the
permit holder will be responsible to enter into an improvements agreement with collateral.
The agreement shall be approved by the Board of County Commissioners.
Remainder of section — No change.
ARTICLE XV - Transport Permits
Amend Sec. 8-15-40. General provisions.
A. thru B.6. — No change.
B.7. Travel routes may require build outs of turning radii or other road improvements
necessary to accommodate movement of the Vehicle/Load. A Right -of -Way Use
Permit may be applicable.
Remainder of section — No change.
Amend Sec. 8-15-50. Transport permits types.
The following Transport Permits are available as determined by the Department of Public
Works for the movement of Extra -legal Vehicles and Loads on roadways under Weld County
jurisdiction:
A. thru E. — No change.
Delete F.
Amend Sec. 8-15-60. Transport permits application information.
A. The Maximum Limits authorized for Annual Extra -legal Vehicles or Loads are as follows:
1. — No change.
2. Seventeen (17) feet in Width.
Remainder of section — No change.
Amend Sec. 8-15-70. Transport permit application process.
A. - No change.
B. Submittal Requirements. Applicant must submit a complete application form, required
submittals, and fee to the Department for review. Required submittals may include, but
are not limited to:
1. Route survey and axle configuration drawing.
B.2. thru E. — No change.
F Permit Expiration.
1. — No change.
2. Oil Rig Permits expire five (5) days from the date of issuance.
Remainder of section — No change.
ARTICLE XVI - Vacation of Road Right -of -Way by Board of County Commissioners
Amend Sec. 8-16-30. Vacations of public road rights -of -way not within historic townsites
or subdivisions.
A. Complete petitions for vacation of public road rights -of -way not within historic townsites or
subdivisions accepted by the Department of Public Works shall include:
1. A complete Petition Application signed by the petitioner with an accurate legal
description of the road right-of-way requested to be vacated.
2. and 3. — No change.
4. A list of all adjacent property owners within 500 feet or landowners who are not
directly adjacent, but may be affected due to usage of the road right-of-way.
A.5. thru B. — No change.
C. Within six (6) weeks of the petition being received, and at least ten (10) days prior to the
meeting at which the Board of County Commissioners is to consider vacating any public
road right-of-way, the Clerk to the Board shall mail notice of the meeting to all persons
owning land adjacent to the roadway to be vacated, including any landowner who the
Department of Public Works reasonably determines may use the road right-of-way
proposed to be vacated to access their property. This notice shall not be required if the
public road right-of-way has not been used as a roadway for at least twenty-one (21) years
or since it was established. Inadvertent errors by the Department of Public Works in
determining who should receive such notice, or by the Clerk to the Board's Office in
sending such notice, shall not create a jurisdictional defect in the process, even if such
error results in the failure of a property owner to receive such notification.
Remainder of section — No change.
Amend Sec. 8-16-40. Requirements.
A. — No change.
B. The Board of County Commissioners may approve or deny any request to vacate public
road right-of-way as it determines to be in the best interests of the County. The Board may
consider any information or evidence it determines appropriate, including, but not limited
to, the following, to be provided by the Department of Public Works:
1. — No change.
2. Whether the road right-of-way is a maintained or non -maintained public road, and
3. — No change.
4. Whether there is enough information to determine if the public needs this road
right-of-way in the future for items such as utility easements, etc. A title
commitment or land survey plat may be required.
Remainder of section — No change.
Appendix 8-A Reserved — NO CHANGE.
Appendix 8-B Road Access Sketches — ATTACHED.
Appendix 8-C Cattle Guards — ATTACHED.
Appendix 8-D Dust Controls and Seasonal Adjustment Factor — ATTACHED.
Appendix 8-E Weld County MS4 Area —ATTACHED.
Appendices 8-F — 8-J. Reserved — NO CHANGE.
Appendix 8-K 1-25 Corridor Plan — ATTACHED.
Appendix 8-L Roadside Memorial Sign Application — NO CHANGE.
Appendix 8-M Memorial Signs — NO CHANGE.
Appendix 8-N Transportation Plan — NO CHANGE.
Appendix 8-0 Functional Classification Map — NO CHANGE.
Appendix 8-P Right -of -Way Use Permit — ATTACHED.
Appendix 8-Q Weld County Engineering and Construction Criteria — ATTACHED.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by 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.
Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
I, the undersigned agent, of said County of Weld,
being duly sworn, say that I am an advertising
clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
10th day of December A.D. 2023 and the last
publication thereof: in the issue of said newspaper
10th day of December A.D. 2023 has been
published continuously and uninterruptedly during
the period of at least six months next prior to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions
of the Act of March 3, 1879, or any amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
Agent
Subscribed and sworn to before me
this /) ` L VA —day of December, 2023 in
the County of Weld, State of Colorado.
14/40„4„
Acct#:1099690
Ad #: 2021694
Cost: $223.47
MELISSA L NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20064049936
MY COMMISSION EXPIRES DEC. 11, 2026
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Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
I, the undersigned agent, of said County of Weld,
being duly sworn, say that I am an advertising
clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
10th day of December A.D. 2023 and the last
publication thereof in the issue of said newspaper
10th day of December A.D. 2023 has been
published continuously and uninterruptedly during
the period of at least six months next prior to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions
of the Act of March 3, 1879, or my amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
Subs ribed and sworn to before me
this / day of December, 2023 in
the County of Weld, State o C► irado.
Acct#:1099690
Ad #: 2021695
Cost: $223.47
MELISSA L NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20064049936
MY COMMISSION EXPIRES DEC. 11, 2026
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'
202a
Pg01NMtl GMWy�ab�r December Io. .20219,5 roe z as
Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
I, the undersigned agent, of said County of Weld,
being duly sworn, say that I am an advertising
clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
10th day of December A.D. 2023 and the last
publication thereof: in the issue of said newspaper
10th day of December A.D. 2023 has been
published continuously and uninterruptedly during
the period of at least six months next prior to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions
of the Act of March 3, 1879, or any amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
Agent
Subscribe and sworn to before me
this 1141-- day of December, 2023 in
the County of Weld, State of Colorado.
Acct#: 1099690
Ad #: 2021698
Cost: $223.47
G��
of Public
MELISSA L NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20064049936
MY COMMISSION EXPIRES DEC. 11, 2026
ronwwpYmmgq 1 wammW r.pwaw mMss w teamem aM w,kr wm tmmrmipn anew. m'k wb
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�m.p.11ID. PwPow. r�o,.�....A.......r....e..........e
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pre wNol wllnoul IM requires
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ore MDrnmamr rvnplr mmHuam akx
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IWlrvcpon CdeN Mmwal I« MgrW«k
le. NOMarge.
Amato $tt. i11�60. Rtlnhll.
ibe amipmr sAMI ate roe meU asm4Nk wtl k[I avalhbb ash for IAe project area In
aklmmbp Vw mblaY gwnllVee, ibe applkaN sNY al=so bml nlNall ab Irom IAe NMlorel
Ormanlc aM AMpsDAuk Mmwshetlm (NOMI uMeu oNerwlu apprwe0 by Web Gounry.
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Amens 6m.inso. R•nMl.
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NMntl siM n6D1 azma. m area b[aIW m IM mnuwksl Durum pl web town, dome area
are tl10arlAan one Aunaletl slaty (Ifip) ores 6WMM h ruullM.
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AmeM kt.:::,. 81nW aGmq Ix um M sabot "" `"modal, IekGal.
awael unV anMmnl aM InlaarYYl wbtllyhicm.
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use In WWO GamlyareaUroNsamshsm N IAe bkwi^p labb.
Remdmer of I. aM R. (Y Judnp bDN bYasl -ND [Nips.
bnaWeks prmsaE in Ika:ymsAnblLU«msewers WDbro11M MHfO Wnwl
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it
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fiat. 0-12110. ApOul el anlYl pl pntllep Pormll.
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em d aM IMI mmlruclbn. d enmDrotl. Np kM
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Nye W mnlWq picas Aadn: srlprm IM
IMwelN minimum 1.61"1 Aa GemNmtlOnambmpperMf mesa Ne WbMO DbcAaspe PerMMIp SyUem ILDP6) AmaMke.i
Is IM IODymr subs Bw. Gmual Perml L060PW W. Gpshuctbn oevmterbp Olsclwgs, wnM b rwumM Dy Vw A me Lousy
amknd pt�lypoWbb. MbMO MDMmenl of WblkfWMaM EMlpnmenl. Water ouafNGONrd ONhlpn. nbnn. mbryl
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brepuhlM W W Cclomm Omanmenl pl Publt IVaN aM Fnvlrpnmenl, WabrOWlycenVol
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rep.
e kdimn UWlmnlri Wetl CeunrymalamlW wniN yps of UOrm sewer pNlesw Aipafuywry(RDWy rIlWrkasNp of MnaxW baMkaletl or pnnW to aM aukpha by Web
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a. Mlellak. Guprerb NaNnlo kN¢Nuea NaCounn rmO npAlolwry Wlle muxneyburrca
mud k mass of ellAer mnerele «meld Pige maa of Ihmmabb makrlak I¢ucA a[ PVG or AM 6romma(a maWpim permN' It ik [ble-Is¢uetl permit for mnclsutllpn acllWy
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WenNncHIW.
aM z.-xp W^q.
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bh a.
bb b.
maYvadon olVk lap of Vk alwkn antl emknnmem ntwl u Ne cpllNny, muss
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NKWMry aWpnM to relmsa al ro more Nan W GW Dlpviae rods to roe aDpfuN. Nepp NN w npkWbn of Neappfimlbnk afmklkbs.
bw aMnwe acts aM trod«. IONiwa nislpa Np luakr pmcttsvwdNe apptlmlion WYunon.orekAcbndmarems7:oz lWure
. wllkW elrvcbael ar lryOnuk lWule. NlsloM rttwmlNlMapDYmVm wnkA la=IpIIMWtlbbe lropmpblemry. arms na, rehln Msame
K ImpeMou¢mu. TAe oulbl plq moat conkin plmeslnp ry¢!.
reatleaaminlmum of egMoan II0l Intake Iola B.AmmDMle appllmlbn wYl Nplmly lncWa cMlenpinmAwamdwc sMNa antl Wabtl by
Oea mNlmumd MMlp)mcAec INPY.lAe0ua1 ampluerk CNll Enpinal^IM fide. my araWws sNYlncWaapMlnp DMn (tats skiing
WnnM mil. rem prmpm MMmp mabriM. Ip« arowppmeammmrs. apaMMlbes. anemM kbkewnen rwuama,aMaanwgpbn.
pdN. N soared. a SUNnmI Ntl Froden Cmuol Pbn Nat snpv5 tla kmibn ktl hDa d aMlol
s Ip M uDNza aI1M Ub sNl k OswNetl. Typical e«md meows baMRlbn alNk
Nrm lJl kel aaD.aM eN•MNpamidmum Dl aM malntelMnu notes slmutl du ken IAe aMWnq.
ollAeelrwmency apldwyo0eninp.la mqulretlro c.-NptNnce.
eplonN eemmbn porAs. Tree mrorele culoX waY
Wnlnp. its emupemy [pikwey elwalbn must be Ameetl Bat. 8-1360. Appllmllon mlM. kMbp Permll htuens. OermD esPlndpn antl
lamnlmumabpe pl4l. PermlleMmlpn.
A. Revd Pmrsss. ik ap=aAm aN sins sore like W an applkml for a GMbq PemAl
aNp k rMewetl by Web LpuW. me appkatln maY ak0 k rMeaei Hy dkr agaWnm
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Voll 1p.Rsepele8pn.
W uliktt Nelnlalmakn DIwbMInIM RavpeMllon GA
BM WNpelrcaX Prar3trs CNDIer of Hk MHFD M
emnunentlee awe reds HW ve roWmeb le sow
r abeweewel stn•e of
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ka by meuapplkanl. a W:m IAe PamH b ksuM In
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w Ne Lounry to 01.
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WI Ne man k azupbde to Wets MUW. iron maY k an ehrcbn lee assesse0lo wooer
mentl 6m. Lll�l]o. CpnMl muures. MmWlmrative msm. Amenl6tt. S1NO.OeRNVpm.
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k Id lMVmalnlawke.DUNMalNl me pan A. CenNol Meows. me PemN fbmer We swore WI atl uo¢Im na nalmenl mnh01
rsgctlm MmkNRMs ua0dalbn. TAese es aAww W NeazceplM pWs Ne mlrady In6hka Na maIVMInM. flgAIUFNHy IROW) mess a poNOA el MM tlW ! aOkalM of prMIM N ana auepba W
mudy, per IM amlMpe noon mdnlenarlm a. 011kr PoMIu. ik Permll Xda« WII secure all grmlls rmuiretl by IWeal, stale antl bml Wele Couny Ire Mnsgrblro^ Dulpss, such u a rmtlway or Mgwry '';. mai^Idme m
amore OllM ¢nbavmipp. apencb[.wrubnaowmenmimbpmmDumaagky ronllplNlNepmamp miNlMs ap rot wmmamlamea byweb agony iMlemrl[nna as bolo ¢mpulu ana Dwml.
rewln m agnpV Derma sNN k wpYNM b roe coons woes rzgwdM.
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k rskm WN[IwbM AmeM 6s.1115e. RIptlaDWaYD
ran ma0 apblalraY
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M In IAh Mlcb. In ne avant sM1aY mnsVucllDn
Iq mnMannlsaV:menmllolAep YCAWIA.
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p arson « aN
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aM Wlepuwes wore nba a w
eeemeaawphnmdmis ankb.
iN Wnawa rewM snail k cbmpetl aN Upnetl by a prvls4mwl OWII npineer YcanW lA
pIaGM In nk Sble Dl Mbna.flewshw=be mkwW W Np proper Wetl Cpunry aei2r:s.
In pros b k aa^IM, IM mlknu rewsl nmsl owl roe aliens s speGlma In CM1aplm Ix d
tlwµala MWN bmirlmabb me CaWruMm CrnublAppaNN 8-001 Ise Web Cmnrycedel.
Mole A.Inry E.
RemalntlerolsMbn-NoclMnpe.
Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
I, the undersigned agent, of said County of Weld,
being duly sworn, say that I am an advertising
clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
10th day of December A.D. 2023 and the last
publication thereof: in the issue of said newspaper
10th day of December A.D. 2023 has been
published continuously and uninterruptedly during
the period of at least six months next prior to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions
of the Act of March 3, 1879, or any amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
Agent
Subscribe and sworn to be ore me
this 1fit•-•day of December, 2023 in
the County of Weld, State of Colorado.
Acct#: 1099690
Ad #: 2021699
Cost: $223.47
ot Public
MELISSA L NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20064049936
MY COMMISSION EXPIRES DEC. 11, 2026
wnp^uep nomww 9 and DI Inawn m d dlWlro de roB. e.
a vNn Fmutllo IN VrvNinp Dublc. arolnp, dung In bl llnd,ndllon of dwd
D�illmpwddrrarmnwNtlnlM County llpmalwmv mpdMmbN tlae rol mcbae cdwvnma�n�i an �t
p to dM
ulddbuNwpncMu. Oar llol'dlw mlkm
M dDlo[atl
of m
AmeN 6d. }1980. PermlBeeV 0evenl ntdv[IBllllld.
TM PermilleeY IdpodibblodmDN'^INNoI IM lame+ntldntliliona[N lo[Ih In Iha Mile
aN the fllOnpol�WaY Utt Pelmp IOYntl In ApPentllx 9-P.
e.
on,
u
12-4110. eeaw
mentl'le }1}110.AddlNtlenlaldfliB .""Yee Polmll
flemaGNer olsalbn-NO W^Ba.
L
Ia lM conlldld unllllM re
C.1,011Eliv
Man me
oDwaY
lowllon, INANinp dal d fmlNtl a t.�mge Isom patsdpd Ilmbles IOMdmWucYe, oI a
DMroefmm rolbuNmldWDmmllo prr�snp rveMtles.
Lname DI Ummuns acMlld In nmv appeal INI auysee onl0a Cd^"maAllp ul a
vcautu lep. norms. oYAus, dal. nor
n dYNro eulnuc, eN.l. cured In
IIMI area red manors. cnanpe N Ns+
IemNWiro N dYnro aIDnNId oral
taeyYav<zz mans an undmmNazmdllW naz oed mNrvtlNmlW Nwn oYarwm noudtlro DleelblVq um"a,.....r-.�_-
mbNmmmmdduv dlmN lkdl Mrteasd tlo dtlmDa xdolNalAa+ss Lmawd semar.pw^,omppabn daln wdtl or me nor
uv0 in Ne mamwr IM wm hNaMalN uMtl maid m IM oT ap , vl orb pM 8.16iD. a0vm.
AaueGotle. Amen1 Sec. B-14Be. Nuny aulberlry.
uoMlm[lamhp Iro Idnamm d ad actors worn m Ine dnsnvWmn of a^y aae
x. etas[ wDID.+I m a cmmm�on of a Iua Use cw. wad d mnnNm. of snu.tl admw N to m.Y. mn mange+, amnaM. Iepan, dnalbm, aN x
upfdi m conlaanon wiN a hn0 me vu. IM pal mep shNrvpNim ulmlury Lpunry Iedrvd IN �laz ema[s wpNn m WurM Ida rpMelway m ant Ilme.l
apDldxOaues6lpvlial pBDslo luusdnplM DYl.lee WnRMownnr nN an Mda+menY or cbsundaM dsl _
'wBm ldhrowdmnlM auu[wldYMmmbmmdmi wIBmNN m.Wd^dcno^wnn ub,Wocabn.xxn^s dlN a+du�IM aa^a
ant map mabYnmamdmnt nu mN d rlNeoDraay. rMmVl mmd^vIYN IM owdr
I.-xomaroc tlmuceMn N w mss.
➢bY 1-NIBIn1Ym kede 6/BNnp Eelbtla IPetll-No uellpe.
Atltl J. CbsuNUpOmtltlPebdlbn of Ac[essd Pro6enllp Salery Concemc. Wetl Gouny haz Amevtl Sat. 8-14108
bm4 uDBmtledtlo IYWbtl whermv 11 M1es InYMSI Na�:IsW^xbnlldlMey nsswmin�alaMts. Aaq B.'nNechnpe.
c. Aids unud TecMNNes. A INuclim a mdssd
Im�1 wNm
py IM Dmmll notlu.
1 cermu Ida maY N
mM�Auess Pamk maY ee issuN aW In compfama wIN Na mid
n INS MYb NN In ro deal [Nlld�a � M�ap�mm. enulp
mk lyu. walla¢: ant vbry. No
Pump. vNels may nave
rutl. PoFc0. art, ambuame ant oNw emmoemy pIo
r: un 0tletl ant I eSa Nnox ed.sol olhor N� no eMalelY
nbul xaasd 10 a part., may .011.0.
Y 11h apPpcaN Oemon6ltNd
VdIN In mnjudlbn with airy
d d acaa pemnl slut M a
M aDplovN dmx mall Irol De pNnpN, mNil'mtl a aMntl
mm Wetl faunry.AYwoN snail he Oow In dnbrmm wiln Ne
ImaN Goys pump expVd Aber au It) YW Imm M MY of
mV nobler to mel Ine [peeSwpod aN D.Iwal arobttlmp
n FroimedN ant fgdmmd EIi1eM, m shown a ApwnNx
„.�, .Mu N IdpoMNb Nr <unxro mmDknu wsN [rem
1.
[pon0 Win an anDmul m Elea.. wiEnp
Yvul.
IN 6d.1A410.6YPaN vl OevlvlNassen PermH.
suN pumpYMAIN OI WtlO LounNe LounN'Ne apppmm nac lho lb tlappulnb
oN10od vl a Pemul In°IeGY plaDstl M
FYDn m the BwN of Cmmy CommYsbneh. In wda0. u116aYm IM appal psameMms vl
h in $xlbn 2A-10 oI1Ws LUM.
en1 Bd.B�1B-00. Fnlertemul.
JbaOad dtl Penabas. IM County. Nroupn Vm OepNmeN N Pldnap BeMum or Dore¢
dtlnl'ImO, may ¢Norte NY kMk %N Nmupn m1hNs imJutletl in Na
nor, ..INvmh olMrmNhN[NODIN by Yw Boutl of WunlY CommYsbinm.
B.Dav�l pursuant b the DloNsbdo
onlo a Cowtly ION MY NvNow Inxa
INDce me nnmMl DI emNw arceu
I.u..am conpol etl.Ilparlo
dlnaD u undle baron,
.I. or tlD nor mdl sPdmB
awmnlow cxmtla NanuN
IN ImdlGon YPd maY N mpultN II F woutl oenenl me
way. A kF lam ac[obnGM hne a pnenl4 nol IeOuintl
m wllh IM1e aF Nm Inmess mopemenls to arcy o0rer
Qoulsmlm do N IroN b Ire wen upnn rmpbdtYY ane
Ne
o aNnDe.
amlN
Inalpmxblds.
.� may ndba aatl dh a mmYm IN: m ovd ION ImDldmronN ^ecusaly
adnl d N,e VmkVAON. A PbhloPWaa Utt Pump mry N aPdlddt.
01 01 vlasdM�-No Wnd.
Amentl Sd.1�16�60. Tmnuox pem16 NPea.
Im i°,4FmimlulfamebpalVmicbsanOLoatlslunmaGwaYsuntlrt WeNCvunNlun!atlw0iotn.
A MUE-Mo dmnd.
}16-6o. Lnmpotl pemib appllbllov lNvsmaBan.
um Llmn¢aulnonzN id MnvalENm�bpal Vehbbs of Ldtle aee as lopows:
pa
II>f bN In WNN.
Iakbn-Nomdd.
}10. Tndpetl pump appllulloa paocc.
No.
1:`,:tmenm. APDBvnI must su gelOuilN suGmlimb mayllncicltlo. Gut an nol
area Id to de pepuhuenl Im Ievgw
smndl[ of Puek Wotk arNOI NannYm Sembes or Dryer Cdny
an lMDemon of exh dfass lhmis lM suelul ollneauase pemillo
Ilhap pmvlblod of Nis Mbb NN area lne alms of Ne pemll.
Its eepin liw Ihl tlms boor are Mle of Ysuance.
xlbn-Nodunpe.
nl � Vaalld of Ywtl BlpmaDVNY by Burl N WuN Cemmbaleum
ac. 616-10. VaaLlua N peYlic mat rlpMalaaY vvl uiNln alWsic lowndlea ar
mr wmaMn a wek mN Igms41«ay rol wimm numnc mwuMs DI
py Ina pewYmnl of PudiD WOIMs maY ilba0e.
i BppfuYd sbnN b/ IM peelionel wlln an ac[umh bdl MunOMn of
IevudlN bM raMletl.
y apDlde m Mrry and Iwue4 to uaWe WnM rwY
' emc of the Gouny iM Boartl maY comitlar
IDIODnale,lmlutlinp, Ml rem Ymlhtllo, IM1e ldpunp.
WONa.
red Ne ION Ibhwl-eaY Y a mainbiMO or rommaYabutl Wefc Intl. aN
maroe.
Nm YNIe'Y eroVYn'mbmuBon NtlWlN Ptlnb dmemllmenla YrW svlvey Dlal may
me IOI hems sum as alYly eaumenlz, a c.
,mtl.
E0.
nselaEovl olumitl.
factor-ABTMHED.
CHANGE.
ion ClileM-AIiACNEO.
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