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HomeMy WebLinkAbout20242786.tiffWELD COUNTY CODE ORDINANCE 2024-17 ID IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS 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 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of the County of Weld, State of Colorado, that Chapter 24 Subdivisions of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 24 SUBDIVISIONS ARTICLE I — General Provisions Amend Sec. 24-1-40. Definitions. For the purposes of Chapters 24 and 27, the following words and phrases shall have the meanings stated in this Section: Delete Utilities Coordinating Advisory Committee: ARTICLE III — Subdivision Design Standards Amend Sec. 24-3-60. Easement standards. A. Fifteen -foot (15) feet minimum drainage and utility easements are required adjacent to public road rights -of -way,, PAGE 1 2024-2786 ORD2024-17 B Twenty -foot (20) feet minimum drainage and utility easements are required along internal lotlot lines and shall be apportioned equally on abutting properties_, unless otherwise justified by l purposes. C Ten -foot (10') feet -minimum drainage and utility easementseasements are required along justified by the Utilities Coordinating Advisory xteri-or lots requires fifteen ('15) feet. exterior lot lines_; D Easements shall be designed to provide efficient installation of utilities and drainage swales. Proposed easements may be modified by the Utilities C Committee. Public utility installations shall be located to permit multiple installations within the easements to avoid cross connections. minimize trenching and adequately separate incompatible systems. Add E For Resubdivision applications, the Director of Planning Services may reduce the required easement widths from those shown in Subsections A through C of this Section, or eliminate the required easements entirely, based on existing easements in the Subdivision or Historic Townsite and referral comments from utility companies. Amend Sec. 24-3-180. Underground utility requirements. All electric and communication utility lines and services and all street lighting circuits shall be installed underground, within easements. The following items are excluded but shall not be located within a sight distance triangle: A. thru D. — No change. Delete E. E. Deviations from the requirements shah be permitted only with the approval of the Utilities Coordinating Advisory Committee. ARTICLE V — Minor Subdivision Amend Sec. 24-5-70. Final plan procedure. A. The Minor Subdivision Final Plan application shall be processed according to the following procedure: 1. thru 3. — No change. Delete 4. and renumber remainder of Section. No other changes. 4. meeting prior to the Board of County Commissioners hearing. The Utilities Coordinating Advisory Committee shal review the Final Plan for compliance with PAGE 2 2024-2786 ORD2024-17 ARTICLE VI - Rural Land Division Amend Sec. 24-6-60. Final plan procedure. A. The Rural Land Division Final Plan application shall be processed according to the following procedure: 1. thru 3. — No change. Delete 4. and renumber remainder of Section. No other changes. In the event the application includes a drainage and/or utility easement which deviates from Subdivision of the Weld County Code, the Department of Planning Services shall schedulee Rural Land Division Final Plan utility design on the first available Utilities Coordinating Advisory Committee meeting prior to the Board of County Commissioners hearing. No Utilities Coordinating Advise Committee is required if --the proposal adheres to the easement standard criteria. The Planner may schedule--a-Utilities Coordinating Advisory Committee if deemed necessary. ARTICLE IX — Resubdivision Amend Sec. 24-9-40. Procedure. A Resubdivision application shall be processed according to the following procedure: Delete D. and renumber remainder of Section. No other changes. D- In the event a utility easement is affected, the Department of Planning Services shall schedule the Resubdivision request on the first available Utilities Coordinating Advisory Committee meeting before receiving County approval. 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. PAGE 3 2024-2786 ORD2024-17 The above and foregoing Ordinance Number 2024-17 was, on motion duly made and seconded, adopted by the following vote on the 20th day of November, A D , 2024 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Kevin D Ross, Chair Weld County Clerk to the Board Perry L Buck, Pro-Tem BY Deputy Clerk to the Board Mike Freeman APPROVED AS TO FORM Scott K James County Attorney Lori Same Date of signature First Reading October 21, 2024 Publication October 26, 2024, in the Greeley Tribune Second Reading November 6, 2024 Publication November 9, 2024, in the Greeley Tribune Final Reading November 20, 2024 Publication November 23, 2024, in the Greeley Tribune Effective November 28, 2024 PAGE 4 2024-2786 ORD2024-17 Hello