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Subdivision Ordinance
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COLORADO
Weld County, Colorado
December 5, 1995
qsez'7/r7
DOCUMENT
Ordinance #173
- Original Document
Ordinance #173-A
- Delete Section 11.3.4 and 11.3.5 (renumber Sections 11.3.6
through 11.4) and Section 11.4.2 and 11.4.3 (renumber
Sections 11.4.4 through Section 11.5), all of which require
notification to surrounding property owners and the owners
and lessees of mineral rights for recorded exemption
applications.
Ordinance #173-B
- Amend Sections 4.5.5, 4.5.14, 6.3.1.5, and 7.3.1.3, all of which
clarify the responsibility for posting a public hearing notice sign for
subdivision applications.
EFFECTIVE DATE
December 15, 1992
August 10, 1993
March 7, 1995
Ordinance #173-C December 5, 1995
- Complete rewrite of the following: Sections 1.3 through 1.3.16;
Section 3, 4, 5, 6, 7, and 10; and Section 11.1 through 11.10.
- Addition to Section 2.13.
- Throughout Ordinance, "Colorado Department of Health"
was changed to "Colorado Department of Public Health and
Environment" to accommodate that name change.
- Throughout Ordinance, inconsistencies between the use of "meeting"
and "hearing" were corrected to read Planning Commission meeting
and Board of County Commissioner hearing.
The following text incorporates the above -listed amendments.
SUBDIVISION Ordinance
TABLE OF CONTENTS'
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SECTION
PAGE
1 TITLE, AUTHORITY, JURISDICTION AND PURPOSES 1
_ , 2 DEFINITIONS , 4
3 MAJOR SUBDIVISION ANDMINOR SUBDIVISION PROCESS 10
4 MINOR SUBDIVISIONS 11
5 MAJOR SUBDIVISION SKETCH PLAN - FIRST STEP 26
6 MAJOR SUBDIVISION PRELIMINARY PLAN - THIRD STEP 29
7 MAJOR SUBDIVISION FINAL PLAT - FOURTH STEP 39
_8 ,_ RESUBDIVISIONS 50
9 - CO,NFORMANCE WITH EXISTING COUNTY LAND USE REGULATIONS 54
10 - DESIGN STANDARDS ' 55
11 _ RULES AND REGULATIONS FOR EXEMPTIONS - 69
12 UTILITIES AND IMPROVEMENTS 83
13 IMPROVEMENTS AGREEMENT 84
14 -VARIANCES ' 86
- 15' - VIOLATIONS AND PENALTIES - 87
16 FEES -88
17 VESTED PROPERTY RIGHTS 89
Ordinance 173C
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SECTION 1 TITLE, AUTHORITY, JURISDICTION AND PURPOSES
1 1 Title and Short Title
1 1 1 The title is an Ordinance establishing rules, regulations and standards governing
the subdivision of land within Weld County, setting forth the procedure to be followed by the
Board, Planning Commission,'and the planner in applying and administering these rules, '
regulations and standards, and setting forth the penalties -for the -Violation thereof as
established by the State of Colorado
1 1 2 The short title for this Ordinance shall be_known and may be cited as the "Weld
County Subdivision'Ordinance"
1`2 Authority. Jurisdiction' and Enforcement
1 2 1 Weld County is enabled bylaw to regulate -the subdivision of unincorporated land
within the county limits by 'virtue of Title 30, Article 28 of the Colorado Revised Statutes
1 2 2 ,- Any person, partnership, or corporation intending to subdivide land as defined in -
Section 2 of -this Ordinance shall submit plena and plats as required by and specified by this
Ordinance to the planner, the Planning 'Commission, and the Board for review and
approval
1 2.3 `Plan's and plats of proposed subdivision of 'land located within the planning
jurisdiction shall be submitted tothe planner, The -Planning 'Commission and the board for
review and approval, in accordance with the provisions of this Ordinance, before such plats
may be recorded with the Weld County Clerk and Recorder To ensure uniformity and
environmental protection, such plans and plats shall conform to and follow procedures and
standards as specified in this Ordinance
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1 24 The- planner- shall maintain -an adequatelynumbered 'filing system for all
subdivisions, including copies 'of all maps, -data, and actions A master location map (or
maps) referenced to the filing system shall be made available for public use add'
examination - ,
1 2 5 It shall be unlawful to file a subdivision plat with the County Clerk and Recorder
unless a notation has been made on the plat by theZoard certifying it has approved the plat"
in accordance with this Ordinance
1 2 6 The chief administrative officer for processing, reviewing andlevaluating proposed
subdivisions of land, and for advising the Planning Commission and the Board doncerning
their acceptance or denial, shall be the Planning Director, herein called the planner
1 2 7 The planner shall have the authority and shall be -required to review all subdivision
applications and shall advise prospective subdividers, the Planning Commission, and the
Board of County Commissioners of all instances where the Subdivision Ordinance appears
to be violated or misinterpreted
1 ' - Ordinance 173C
1 2 8 The-Deparment`of Planning Services' staff shall have the authority and shall be
required to make arwritten report on submitted subdivision applications -The report should ,
address adequacy of streets, lot sizes, and other public improvements The planner shall
comment upon those items that would improve the land use, traffic circulation, utility`
services, and environmental conditions for the future inhabitants of the subdivision The
staffs review may'mclude field inspection trips, an,evaluation of the proposed subdivision
in relation to -the Comprehensive Plan, Subdivision Ordinance, Zoning Ordinance, and an
evaluation of its impact on the a environment and all other- pertinent data regarding the
subdivision
1 2 9 The Board shall have the authority to require changes in the preliminary plan, final
plat, and resubdivision plat which more fully meet the purposes of the Subdivision,
Ordinance as set forth in Section ,1 3 of this Ordinance
-1 2 10 In reviewing subdivision plans, the planner, Planning Commission, and Board shall
not only insure that the intent and requirements of this Ordinance are followed, but shall -
also deterrriine'the extent to which the goals and policies embodied in the Comprehensive
Plan are met
1 3 Statement of Purpose The purpose of this, Ordinance is to achieve orderly and efficient
development by =
1 3 1 Assisting orderly and integrated development, '
1 3 2 Promoting the health; safety, and general welfare of the residents of the County,
1 3 3, Ensuring conformance of land subdivision plans with the public improvement plans
of the' County and+its enous' municipalities, '
1 3 4 Ensuring coordination with public municipal improvement plans and programs,,,
1 3-5, Encouraging well -planned subdivisions by establishing adequate standards for
design and -improvement, - -
1 3 6, Improving' land survey monuments and records by establishing standards for
surveys and plats, -
1 3 7 , Safeguarding the interests of the public, the homeowner, and the subdivider,
1 3 8 Securing equitable handling of all subdivision plans by providing uniform
procedures -and standards,
1'3 9 Preventing loss and injury from fire in wooded terrain,, -
1 3 10 - Preserving agricultural land and promoting its most productive agrarian use,
,1 3 11 Ensuring irrigation water currently associated with a farm or rural unit of land will
be retained for agricultural uses, '
2 Ordinance 173C
1 3 12 Preserving natural vegetation and cover and promoting_the natural beauty of the
County,
_1 3 13 Preventing,and controlling erosion, sedimentation, and other pollution ofeurface
and subsurface water,
1 3 14 Preventing flood damage to persons and properties and minimizing expenditures
for flood relief and, flood control projects,
1 3 15 Restricting or regulating building in flood hazard overlay district, areas, shorelands,
areas covered by poor soils,sor in areas poorly suited for building or construction,
1 3 16 Preventing joss and injury from land slides, mud flows, ;and other geologic
hazards, -
1 3 17 Providing adequate_space for future development of schools and parks to serve
the population,
1, 3 1'8 Ensuring the planning forand'provisions of an adequate and safe source of water
and means of sewage -disposal
3 Ordinance 173C
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SECTION 2 DEFINITIONS
21 "A"
Access - The place, means, or way vehicles or pedestrians shall,have safe, adequate, and
legal ingress and egress to a lot, trail, open space, off-street parking space or use
Applicant - The fee owner(s) of a parcel of land submitting an application for development
The•fee owner(s) may authorize an agent to sign an application by providing a letter
granting power/of attorney to the agent
A infer - A water -bearing layer of sand, gravel, or porous rock _
2 2 "B"
_ Board - The Board of County Commissioners of Weld ,County
23, „C" ,
Comprehensive Plan - The duly adopted Weld County Comprehensive_Plan-
Cul-de-sac - A local street that terminates in a vehicular turnaround
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Design Standards - Standards that set forth specific subdivision improvement requirements •
of the adopted Subdivision Ordinance -
Disposition - A contract for sale resulting in the transfer of equitable title to an interest in
subdivided land; an option to purchase' an- interest' in subdivided land, a lease 'or an
assignment of an interest in subdivided ,land, or any other conyeyance of an interest in
subdivided land which is not made pursuant to one of the -foregoing -
25 -"E"
Easement - A right to use land generally established in a real estate deed or on a recorded
' plat to permit the use of land by the public, a corporation, or particular person for.specified
• - uses ' - -
Evidence - Any map, stable, chart, contract, or any other document or testimony prepared
or certified by a qualified person to attest to a specific claim or condition, which evidence
must be' relevant and competent and must support the position, maintained by the
subdivider
2 6 "F"
Final Plat - A map and supporting materials of certain described land prepared in
accordance with the subdivision Ordinance as an instrument for'recording 'of real estate
interests with the County Clerk and Recorder '
4 - - Ordinance 173C
Floodplain - Any land area susceptible to being inundated by water from any source An
intermediate regional floodplain includes the land area which is- likely to be inundated by
water of an intermediate regional flood
2 7 "G"
2 8 J "H"
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Improvements Agreement - One or more security arrangements which may be accepted
by the Board of County Commissioners to secure the construction of off -site public
improvements or improvements within the proposed subdivision development Any such ,
agreement or contract shall be made in conformance with the Weld County Administrative
Policy on Collateral for Improvements
2 10 "J"
211 "K"
2 12 "L"
Landowner - Any owner of a legal or equitable interest in real property and includes the
heirs, successors, and,assigns of such ownership interests
Local Government - Any county, city and county, city, or town, whether statutory or home
rule, acting through its governing body or any board, commission, or agency thereof having
final approval authority over a Site Specific Development Plan, including without limitation
any legally empowered urban renewal authority
Lot - The basic development unit, an area with fixed boundaries, used or intended to be
used by one building and its accessory use(s), structure(s), and/or building(s) A lot shall
not be divided by any public highway, street, or alley A lot must meet the requirements of
the 'zoning district in which it is located and must have access to a public street or an
approved private street
2 13 "M"
Manufactured Home A single family dwelling which is practically,or entirely manufactured
in a factory, is not less than twenty-four feet in width and thirty-six feet in length, is installed
on an engineered permanent foundation in compliance -with ANSI A-1987, Manufactured
Home Installations, Appendix C,,has brick, wood, or, cosmetically equivalent exterior siding
and a pitched roof, and is certified pursuant to the "National Manufactured Housing
Construction and Safety Standards Act of 1974", 42 U S C 5401 et seq, as amended
Minor Subdivision - A Minor Subdivision is a procedure for subdividing a tract of land being
divided into no -more than five (5) lots
5 Ordinance 173C
Mobile or Manufactured Home Park --An area,under single ownership or control designed
_primarily for the rental of portions of the area for spaces for occupied,manufactured or
mobile homes A mobile or manufactured home park proposal` shall be,subrnitted and
processed according to the procedures and requirements of the Planned Unit Development
requirements; as described in the Weld County Zoning Ordinance
Mobile or Manufactured Home Subdivision r An area platted into lots according to the
- adopted County standards and procedures and designed'pnmarily for the sale of such lots
to individuals for permanent mobile or manufactured homes A mobile or manufactured
,home subdivision is a subdivision designed and intended primarily, for the sale of lots
Municipality - An incorporated city or town
2 14 "N"
2 15 "O" -
Off -Street Parking Space = A parking space provided in a parking lot, parking structure, or
private driveway for a motor vehicle that is not located on a dedicated street right-of-way
On -Street Parking Space - A parking space 'for a motor vehicle that is located on a
dedicated street right-of-way
216 "P"
Permanent Monument - Any structure perrnanently placed on or in the ground, including
those 'expressly placed for surveying reference
Planner - The chief administrative official employed_ by the Board as the Planning 'Director
Property - All real property subject to land -use regulation by a local government
PUD (Planned Unit Development) - A zoning district which includes -an area of land,
controlled by one or, more landowners, to be developed under unified control or unified plan
of development for a numberr, of dwelling units, commercial, educational, recreational, or
,industnguses, or any combination of the foregoing, the plan for -which may not correspond
in lot size, bulk, or type of use,' density, lot coverage, -open space, or other restriction to the
existing land -use regulations - -
Planning Commission - The Weld County Planning Commission -
-Preliminary Plan-- The map or maps of a proposed subdivision and specified supporting
materials, drawn and submitted in accordance with requirements -of this Ordinance, to
permit the evaluation of the proposal prior to detailed engineering and design - -
Private" Street - A right-of-way or easement in private -ownership, not dedicated or
maintained as a -public street which affords the principal means of access to one or more
lots and is -,not maintained by Weld County
9
6 - - Ordinance 173C
Public Water and Public Sewer - Transmission, storage, treatment, collection or distribution
facilities which are constructed, operated, or maintained by any group, organization, special
district, or municipality for the purpose of providing the members of the group, organization,
special district, or municipality with common water or sewer service facilities
2 17 "Q"
2 18 "R"
Resubdivision - A subdivision process used to propose a change in a map of an approved
or recorded subdivision plat or any change in a map or plan filed prior to adoption of this
Ordinance controlling subdivisions If the change affects any lot line, any street layout on
the map, or any area reserved for public use such as utility or drainage easements_ , the
resubdivision requirements shall be followed
Right-of-way - That portion of land dedicated to public use for street and/or utility purposes
Roadway - That portion of the street right-of-way designed for vehicular traffic
2 19 "S"
Site Specific Development Plan - A subdivision final plat, resubdivision, or minor subdivision
application which has been submitted to Weld County and receives final or conditional
approval,by the Board No other type of subdivision application shall be considered a Site
Specific Development Plan ,
Sketch Plan - The map or maps of a proposed subdivision and specified supporting
materials drawn and submitted in accordance with the sketch plan of this Ordinance
Street - A public or private -right-of-way or easement -providing vehicular and pedestrian
access to a lot, block, or parcel according to design standards and the classification table
listed below
County Road System - The chart listed below establishes minimum standards for new or rebuilt County roads These standards shall
be considered minimum unless more stringent standards are established by the Board of Commissioners or the Subdivision Ordinance -
Average Daily Pavement Number Land Shoulder Additional'
Classification Traffic Counts Type of Lanes Width Width Right-of-way Requirements
Local 0 - 60 Gravel 2 10' 3' 60'
Local 61 - 200 Gravel 2 11' 4' 60' Potential Dust
Abatement Program
Collector 201 - 650 Paved 2 12' 4' 80'
Arterial 651 - 1,250 Paved 2 12' 4' 100'
Arterial _ Over 1,250 Determined on an individual project basis
Weld County generally follows the published policies and standards set forth in the Colorado Division of Highways Roadway Design
Manual and the American Association of State Highway and Transportation Official's published policies on Geometric Design of Rural
and Urban Highways for new construction -
7 Ordinance 173C
Subdivider —or Developer - Any 'person, firm, partnership, joint venture, association or
corporation_ who shall' participate as owner, promoter, developer, or sales agent in the
planning, platting, development, promotion, sale or lease of a subdivision
Subdivision or Subdivided Land - Any parcel of land in the state which is to be usedfor
condominiums, apartments, or any other multiple -dwelling units, unless such land when
previously subdivided was accompanied by a filing which complied with these provisions
and with- substantially -the same density, 'or which is divided into two or more parcels,
separate interest, or interests in common, unless exempted under the preceding
paragraphs "Interests"`shall include any and all interests in the surface of land but exclude _
any, and all subsurface interests -
The terms "subdivision" and "subdivided land" shall not apply to any division 'of land which -
create parcels of land each of which comprise thirty-fiveor more acres of land and non of
which is intended for use by multiple owners
Unless the method of disposition is, adopted for the purpose of evading these regulations,
the terms "subdivision"-and{"subdivided land", as defined in this Section 2 19, shall not
apply -to any division of land -
(I) Which creates parcels of land, such that the, land area of each of the parcels,
- when divided by the number of interests' in any such parcel, results in thirty-five
or more acres per interest,
(LI) , Which could be created by any court in this state pursuant to the law of eminent_
_domain, or by operation of law, or by order of any court in this state -if the Board
of the county in which the property is situated is given,timely notice of any'such
pending action by the court and,given opportunity to join as a party in interest in
such proceeding for the purpose of raising -the issue of evasion prior to entry of
the court order, and, if the board does not file an_ appropriate pleading within
twenty days after receipt of such notice by the court, then such action may .
proceed before the court, - _
(III) Which is created by a lien,- mortgage, deed of trust, or any other security
instruments,' - -
(IV) , Which is created by,e security or unit of interest in any investment trust regulated-
- - - under the laws of this state or any other interest in an investment entity,
(V) - Which creates cemetery lots,
(VI)- Which creates an interest in oil, gas, minerals, or water which is severed,from the
surface ownership of real property,
(VII)
Which is created by the acquisition of an interest in land in the name of a husband
and wife or other persons in point tenancy or as tenants in,common, and any such , _
interest shall be deemed_as only one interest,, -
8 Ordinance 173C'
- (VIII) Which is created by the combination -of contiguous parcels of land into one larger
parcel ' If the resulting parcel is less than thirty-five acres in land area, only one
interest,in said land shall be allowed If the resulting parcel is greater than thirty-
five acres in land area, such land area, divided_by the number of interests in the
resulting parcel, must}result in thirty-five or more acres per, interest- Easements
and rights -of -way shall not be considered interests,`
(IX) Which,is is created by, a contract concerning the sale of land which 'is contingent
,upon the purchaser's obtaining approval to subdivide, pursuant to this article and
any applicable county regulations, the land which his is to acquire pursuant to the
contract, and
(X) Created by agreement to resolve uncertainty, doubt, or conflict regarding a
common boundary,' A boundary may be determined and permanently established
_ , by written agreement of all parties affected The agreement must be signed and
acknowledged, by each property owner as -required for conveyance of real estate
The agreement must be accompanied -by a plat showing the resolution of the
boundary in question , The plat and agreement, shall be recorded as an instrument
affecting real estate, and shall be,,binding upon heirs, successors, and assigns
The Board may, pursuant to rules and regulations or Ordinance, exempt from this definition
of the terms "subdivision" and,"subdivided land" any division of land if it determines that
such division is not within the purposes of this definition
2 20 "T"
221 "U"
2 22 "V"
Vested Property Right - The right to undertake and -complete the development and use of
property under the terms and conditions of a site specific development plan - --
223 "W'
2 24 "X"
2'25 „Y„'
2 26 "Z'
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9 Ordinance 173C
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SECTION 3 MAJOR SUBDIVISION AND MINOR SUBDIVISION PROCESS
Major Subdivision Process
3 1 The major subdivision process is comprised of a four -step review and approval process
The first step is the sketch plan submittal process Copies of the sketch plan are sent to referral
agencies for review and comment A public meeting may be scheduled by a municipality if it is
within three (3) miles of the subdivision site or if the subdivision is within an urban growth boundary
as defined and adopted in any approved intergovernmental agreement There are no public
hearings scheduled by the planner for this step The sketch plan process includes an
administrative review by the planner After a complete application is received, the "sketch plan
review should be completed within forty-five (45) days The planner should be consulted for the
correct application fee The sketch plan is explained in Section 5 of this Ordinance
3 2 The second step is the change of zone process found in Section 21 of the Weld County
Zoning Ordinance After a complete application is received, the change of zone process should
be completed within 120 days The planner should be consulted for the correct application fee
3 3 The third step is the preliminary plan submittal process Copies of the preliminary plan are
sent to referral agencies for review and comment A public meeting may be scheduled by a
municipality if it is within three (3) miles of the subdivision site or if the subdivision is`within an
urban growth boundary as defined and adopted in any approved intergovernmental agreement
The planner schedules separate public meetings before the Utility Coordinating Advisory
Committee and Planning 'Commission The Clerk to the Board schedules a public hearing before
the Board of County Commissioners After a complete application is received, the preliminary plan
review should be completed within sixty (60) days The planner should be consulted for the correct
application fee The preliminary plan is explained in Section 6 of this Ordinance
3 4 The fourth step is the final plat submittal process The Clerk to the Board schedules a
hearing before the Board of County Commissioners The final plat review process should be
completed within thirty (30) days, provided it complies with the approved preliminary plan The
planner should be consulted for the correct application fee The final plat is explained in Section
7 of this Ordinance
Minor Subdivision Process
3 5 The minor subdivision is subject to a three -step review and approval process The sketch
plan submittal is the first step and is described in Section 4 of tnis Ordinance After a complete
application is received, the sketch plan should be completed within forty-five (45) days
3 6 The second step is the change of zone process which is found in Section 21 of the Weld
County Zoning -Ordinance After a complete application is received, the change of zone process
should be completed within 120 days The planner should be consulted for the correct application
fee
3 7 The third step is the final plat submittal process and is described in Section 21 of the Weld
County Zoning Ordinance The final plat review process should be completed within sixty (60)
days The planner should be consulted for the correct application fees
10 Ordinance 173C
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SECTION 4 MINOR SUBDIVISIONS
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4`^1 The minor subdivision procedure is a process' for development and review of subdivisions
proposing a maximum of five,(5) lots The minor subdivision process utilizes the minor subdivision -
sketch plan application process and the minor subdivision final plat process of this Section
4 1 1-' The minor subdivision' process shall not be used 'to further subdivide lots
previously approved as a subdivision The minor subdivision process shall not be used to
resubdivide or change any lot which is part of an approved or recorded subdivision plat or
any map or plan filed in the records of the Weld County 'Clerk and Recorder prior to the
adoption of this Ordinance controlling subdivisions _ The resubdivision requirements shall
be followed when proposing other changes to a recorded minor subdivision final -plat
' 4 1 2 The minor subdivision process`shall not be used to circumvent this Ordinance by
using 'more than one minor subdivision to avoid following the major subdivision
requirements An application'for a minor subdivision will be presumed to circumvent this
Ordinance when the result of approval would be to create more than 5 (five) minor
subdivision lots on parcels under common ownership within a 1,320' (1/4 mile) radius of
each other
4 1 3 The Board may, without a hearing or compliance with any of the submission,
referral, or review requirements of this Ordinance, 'approve a minor subdivision correction
plat if the sole purpose of the correction plat is to_correct one ormo're technical errors in an
approved plat The correction plat shall be consistent with the approved minor subdivision
final plat The resubdivision requirements shall be followed when proposing other changes
to a recorded minor subdivision final plat -
4 2 Minor Subdivision Sketch Plan -- First Step' An -applicant shall submit a, complete Minor
Subdivision Sketch Plan application with the required number of application -copies and -application
fee to the planner The required number of application copies shall be determined by the
planner The following completed information and 'maps are required
4 2 1 - A Minor Subdivision) Sketch Plan application form
4 2 2 A copy of a deed or legal instrument identifying the applicant's interest in the
property under consideration If an _authorized agent signs the application for the fee
- owner(s), a power'of attorney to the agent from the property owner(s) shall be provided
4 2 3 - -A' description of the type of uses proposedfor the minor subdivision
4 2 4' - A' description 'of the type_ of public water ,system proposed for the minor -
subdivision -
4,2-5 A description of the' type of sewage disposal system proposed for the minor
subdivision
4 2 6 A sketch- plan drainage report 'shall be `prepared in compliance with the
requirements of Section1,0 0 11 of this Ordinance -
11 - Ordinance 173C
4 2 7 A description- of the width and type of surface 'of all streets proposed within the _
minor subdivision -
4 2 8 - Any floodplain, geologic hazard, or`airport overlay district areas identified in the
Weld County Zoning Ordinance that are located within the proposed minor subdivision
4,2 9 ' A report identifying the geologic characteristics in the area of the proposed minor
subdivision The report shall indicate if the proposed minor subdivision will be affected by _
any geologic characteristics An application for a minor subdivision shall include a soils -and -
geological 'investigation report identifying the suitability of the area for the -proposed
subdivision The reportshall be prepared by a professional engineer or geologist 'A copy
of the report will be reviewed by the Department of Natural Resources, Colorado Geological
Survey The Colorado Geological Survey charges -a separate review fee This review fee
must be, paid 'upon submittal of a minor subdivision application
4 2 10 A statement indicating' if a potential radiation hazard exists in the area of the
proposed ,minor subdivision _ -
4 2 11 ', A Minor SubdivisionSketch Plan,vicinity map shall be drawn at a scale of one -inch
equals six hundred feet (1" = 600'), unless otherwise approved by the planner, -composed -
of one or_ more sheets with an outer dimension of twenty-four by thirty-six inches (24" x
36") showing the following items _
4 2 11 1 , The location of the proposed -minor subdivision and its_property
boundaries
4 2 11 2 The -existing street and highway systems within five hundred (500)
feet of,the boundaries of the proposed minor subdivision
4 2 11 3` ` All unimproved orproposed public rights -of -way within five hundred
(500) feet of the boundaries of the proposed minor subdivision
4 2 11 4 All- public ,sewer, water, and storm drainage systems within five
"hundred (500) feet of -the proposed minor subdivision
4 2 11 5 ' Title,, scale, north arrow, and date
4 2 12 _ A minor- subdivision sketch plan map shall be drawn at a scale of not less than
one -inch equals two hundred,feet (1" = 200') Variations from this scale will be acceptable
in large acreage subdivisions,- provided the map is clearly legible and approved ,by the
planner ` The dimensions of the/sketch plan map shall be twenty-four inches by thirty-six
(24" x 36") , If a subdivision requires more than two sheets, a map showing the total
subdivision shall also be submitted at- an appropriate scale If multiple sheets are used, a
sheet index showing the relationship of the individual sheets shall be provided The minor
subdivision sketch' plan map shall include the following information
- 4 2 12 1, Title, scale, north arrow, name of the minor subdivision, township,
- range, section; quarter section, and lot numbers
12 Ordinance 173C,
4 2 12 2 The layout of lots, outlots, roads, accesses, utility easements, and
open space scaled to the nearest foot
4 2 12 3 Existing topographic contours at ten (10) foot intervals drawn from
available data, such as the United States Geological Survey (USGS) maps
4 2 12 4 Soil types by boundary, accompanied by a description of the soil type
as prepared by the Soil Conservation Service
4 2 12 5 Floodplain and geologic hazard areas, existing structures, utility
- lines, ditches, streams, lakes, drainage ways, vegetative cover, oil and gas
production facilities, and any other structure or feature located within the proposed
minor, subdivision
4 2 13 Any other information determined to be reasonably necessary by the Department
+�k of Planning Services that will aid in the review of the Minor Subdivision Sketch Plan
I application
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4 3 Minor Subdivision Sketch Plan Processing and Review Procedure The planner shall be
responsible for processing all Minor Subdivision Sketch Plan applications in the unincorporated
areas of Weld County The Department shall also have the responsibility of ensuring all application
submittal requirements are_met prior to processing the application Once a complete application
is submitted, the4plannerLsfall'
4 3 1 Refer the application to appropriate referral agencies, when applicable for review
and comment The agencies shall respond within twenty-one (21) days after the mailing
of the application by the County The failure of any agency to respond within twenty-one
(21) days may be. deemed to be a favorable response to the Department of Planning
Services The reviews and comments solicited by Weld County are intended to provide the
County with information about the proposed minor subdivision The Department of
Planning Services may consider all such review and comments and may solicit additional
information if such information is deemed necessary The reviews and comments
submitted by a referral agency are recommendations to the County
4 3 2 Schedule a meeting with the applicant within forty-five (45) days after a complete
application has been submitted The purpose of the meeting will be to advise the applicant
of any problems discovered during the review of the minor -subdivision sketch plan
application, discuss comments and issues raised by referral agencies, and to review the
minor subdivision final plat procedures A Minor Subdivision Sketch Plan application shall
be completed prior to submitting a minor subdivision final plat application
4 3 3 Prepare a recommendation for the applicant addressing all aspects of the
application including
-"'""c4-1 3T" relimmaryµ'det@rmiratlonh~-as t'or3wlie
';-subdivision'co plies`withJthe requirements"'oft the WE
{u;�=:Ordinancerfor review ;arid approvat, �" ,,
' 4 3 3 2 Comments received from referral agencies
13
Ordinance 173C
4 3 3 3 Comments received from surrounding property owners and owners
and lessees of the mineral estate
4 4 Minor Subdivision Change of Zone -- Second Step An applicant shall submit a complete
change of zone application following the procedures found in Section 21 of the Weld County Zoning
Ordinance After a complete application is received, the change of zone process should be
completed within 120 days The planner should be consulted for the correct application fee
4 5 Minor Subdivision Final Plat -- Third Step An applicant shall submit a complete minor
subdivision final plat application with the required number of application copies and application fee
to the planner The required number of application copies shall be determined by the planner The
following information shall be submitted as part of a minor subdivision final plat application
Li
4 5 1 A minor subdivision final plat application form provided by the planner
4 5 2 A copy of a title commitment issued by a title insurance company or a title opinion
by an attorney licensed to practice in the State of Colorado The commitment or opinion
shall set forth the names of all owners of property The commitment or opinion shall include
a list of all mortgages, judgments, liens, easements, contracts, and agreements of record
in Weld County affecting the property described in the application If the attorney's opinion
or title commitment discloses additional holders or owners of such mortgages, judgments,
liens, easements, contracts, or,agreements, not party to the application, the Board may
require them to join; in and approve it The title commitment or opinion shall be completed
within thirty (30) days prior to the application submission date
4 5 3 A description of the type of uses proposed for the subdivision
4 5 4 A summary of any concerns identified during the minor subdivision sketch plan
application process with an explanation of how the concerns will be addressed or resolved
4 5 5 The total number of lots proposed
4 5 6 A description of the minor subdivision circulation system, including sidewalk width,
school bus stops and turn around areas, road width, type and depth of road surface, curb
and gutter, valley pan, or width and depth of borrow drtches, and vehicle parking
arrangement
4 5 7 A statement describing the ownership, function, and maintenance of any school
site, open space, or park within the proposed minor subdivision
4 5 8 If the applicant is to dedicate land for schools, roads, parks, or other public
purposes, a letter of intent from the appropriate public agency stating it will accept the lands
to be dedicated
4 5 9 A water supply report The report will contain written evidence that a water supply
of sufficient quality, quantity, and dependability will be available to serve the proposed
minor subdivision including fire protection Such evidence may include, but shall not be
limited to the following evidence of ownership or use of existing water rights, historic use
and estimated yield of claimed water rights, amenability of existing rights to a change in
- 14 Ordinance 173C
use, evidence that a public water supply -is available The amount of water available for use
within'the minor subdivisiorOand-feasibility, of extending services `shall be identified, and
evidence concerning potability of the water supply for the proposed minor subdivision If
water 'is to be supplied by a water district, municipality, or -other agency, a copy of a
contract, or some tangible guarantee, shall' be submitted ,
4 5 10, A -description of the proposed sewage disposal system, The description shall
include an estimate of the total number of gallons per day of sewage to be treated by public
sewer or the suitability olanother means of 'disposal if public sewer Is not required A copy
of a contract or other tangible guarantee providing for adequate sewage treatment by a
public sewage treatment agency shall be submitted if public sewage treatment is proposed
4 5 11 'Letters from energy and utility suppliers indicating availability of services
4 5 12 Copies of any covenants, grants of easement, and restrictions imposed upon any
land, buildings, and structures within the proposed minor subdivision
4 5 13 A copy ,of:a ColoradoDepartment-of Transportation access permit if a road or
street within the proposed minor subdivision` intersects with a State Highway
4 5 14 If applicable, a copy of an agreement signed by the applicant and representative
of the, irrigation ditch: company The agreement shall specify the -maintenance of the ditch
4 5 15 Proof of an existing easement or' dedicated right-of-way when it is contiguous to ,
an easement or right-of-way of the proposed minor subdivision
4 5 16 A proposed subdivision improvements agreement executed by the applicant on
forms provided by the planner The agreement shall be made4_in accordance with the Weld
County Policy on Collateral for Improvements
4 5 17 If applicable, a proposed off -site road improvements' agreement executed by the
applicant The agreement shall be made in accordance with,Section 13 2 of this Ordinance
4 5 18`_ ,A minor subdivision final plat drainage report shall -be prepared in compliance with
the requirements of Section 10,12 and 10 13 of this Ordinance _
4 5 19 A certified list of the names, addresses, and the corresponding parcel identification
numbers assigned by the Weld County Assessor -to the owners of property of the surface
estate within five hundred (500) feet of the property subject to the application ' The source
of such list shall be'from the records'of the Weld County Assessor,, or an ownership, update
from a title abstract company or attorney derived from such records or from the records of
the Weld County Clerk and Recorder If the listwasassembled from the, records of the
Weld County Assessor, the applicant shall certify that such list was assembled within thirty
(30) days of the application submission date - -~
15 Ordinance 173C
4 5 20-, - A certified list of the names and addresses of mineral, owners and lessees of
mineral owners having an interest in the subject property ' The list shall reflect the names
of mineral owners andlessees as they appear on the plats of record in the Weld County
- Clerk and Recorder's_ Office and the most recent addresses as they appear in the telephone
directory or other directory of general use in -the area of the property or on the -tax records
of the County
` 4-5 21 Minor subdivision final plat map requirements`
4 5 21 1 _ The plat shall be delineated in non -fading permanent black ink on a
dimensionally stable polyester sheet such as cronar, mylar, or other product of
equal quality, three millimeters or greater in thickness -The size of.each sheet
shall be twenty-four (24) inches in height by thirty-six (36) inches in width No'
minor subdivision final plat submitted shall contain any form of stick -on type
"material such as, but not limited to; "sticky -back" or adhesive film, kroy_lettering,
or tape , The _ drawing shall be at a scale of one (1) inch equals one -hundred
(100) feet (1" _' 100') , _ - ,
4 5 21 2 A photo mylar copy or diazo sensitized mylar copy of the original ink
drawing, three (3) millimeters or greater -in thickness, may be submitted
' 4 5 21 3 : The minor subdivision final plat submitted shall,contain the original
- signatures -and seals of -all parties required If a photo mylar copy or diazo
sensitized mylar copy is submitted, the original signatures, and seals must be
contained thereon
:,--,4 5 21 4 If a minor subdivision requires more than two (2) sheets, a map
showing theerelationship of the individual sheets shall be required
4 5 21 5 _All work shall comply with the requirements of C R S 38-50-101,
38-51-101, 38-51-102, 38-53-103, and 38-53-104 - s-
,4 5 21 6, All work shall comply with the requirements of the "Bylaws and Rules
of Procedure of the State Board of Registration for Professional Engineers and
Professional Land Surveyors" and "Rules of Professional Conduct of the State
Board of Registration for Professional Engineers and Professional Land
Surveyors -Board Policy Statements " '
4 5 21 7 - _'The minor subdivision plat shall 'be referenced to at -least two (2)
public land survey_ monuments of record in/accordance with C R S 38-53-102 (7)
4 5 21 8 The surveyor Making a plat shall certify on the plat that it conforms ;
-with ,all applicable rules, regulations, and laws of the_State of Colorado,- State
Board of Registration for Professional Engineers ''and, Professional Land- -
Surveyors; and:Weld County
4 5 21 9 ' The surveyor shall affix his or her name, seal and date of -certification -
- as 'prescribed in_the "Bylaws And Rules of Procedure of the State Board of
Registration`foe Professional Engineers And Professional Land Surveyors " -
16' = Ordinance 173C
4 5 21 10 The basis of bearings,- north arrow, minor subdivision name, date,
total acreage, total number of lots, name and address of the owner(s) of record,
legal description, stated scale, and graphic scale
' 4 5 21 11 ,The bearings, distances, and curve data of all perimeter boundary
lines shall be indicated outside the boundary- line; not inside, with the lot
dimensions - When the plat is bounded by an irregular shore line or a,body of
water, the bearings and distances of aclosing meander traverse shall be given
and a notation made 'that the plat includes' all land to the water's edge or
otherwise _
4 5 21 12 Lots shall be numbered consecutively Bearings and lengths shall
be given -for all lot lines, except for interior lot lines where the bearings and lengths'
are the same as both end lot lines AIl_dimensions of irregularly shaped lots shall
be indicated All lot lines intersecting a curve shall state if they are radial or non -
radial lines Lengths shall be shown to` hundredths of a foot and angular
dimensions and bearings to seconds of arc
4 5 21 13 ' -The area of each lot ,shall be shown in acres
4 5 21 14 Curved boundaries and all curves on the final' plat shall include the
radius -Of curve, central angle, chord distance, and bearing
4 5 Z1 15 , . Any parcel that is excepted from the minor subdivision shall be
,marked, "not included in this minor subdivision " The boundaries of an excepted
parcel shall be identified by bearings and distances -
4 5 21 16 All streets shall be designated' and identified by bearings_ and -
dimensions All street names shall be shown -
4 5 21 17 All easements that are not parallel to a lot line shall be designated
and identified by bearings and dimensions
4 5 21 18 The location of easements along lot lines for water, sewer, electric,
gas, telephone, and any other utilities within the proposed minor subdivision
Utility easements shall be designed to meet Weld County Subdivision Ordinance
requirements
4 5 21 ,19. All land within the boundaries of the minor subdivision shall be
accounted for either'as lots, easements, rights -of -way, private street, or public
area
4 5 21 20 -The following certificates and seals shall be placed on the minor
subdivision, final plat Provision shall be made for all seals to be placed
approximately two (2)' inches from the minor subdivision final plat border
17
Ordinance 173C
4 5 21 20 1 Certificate of Dedication, Ownership, and Maintenance
Know all men by those present that being the Owner(s),
Mortgagee or Lienholder of certain lands in Weld County, Colorado
described as follows Beginning
containing acres, more or less, have by these presents laid out,
platted, and subdivided the same into lots, as shown on this plat, under the
name and style of and do hereby dedicate to the public, school
distract, owners and future owners of this minor subdivision all,ways, public
rights -of -way, easements, parks and open space, and other public rights -of -
way and easements for purposes shown hereon
Executed this day of A D , 19_
h •-"- K�% v`, r ,r 53Y t�. _ .., ie�: �t,.i" "�.-.et�.��• _ � -AOTNner yMortgageeTorzLienholder)
State of Colorado
ss
County of Weld
The foregoing dedication was acknowledged before me this day of
,19 _
My commission expires
Notary Public
Witness my hand and seal
4 5 21 20 2 Surveying Certificate
, a Registered Professional Land
Surveyor in the State of Colorado do hereby certify that the survey
represented _by this plat was made under my personal supervision and
checking I further certify that the survey and this plat complies with all
applicable rules, regulations, and laws of the State of Colorado, State Board
of Registration For Professional Engineers and Professional Land
Surveyors, and Weld County
By
Registered Land Surveyor Date
18 Ordinance 173C
4 5 21 20 3 Certificate of Approval by the County Commissioners
This plat is approved by the Board of County Commissioners of Weld
County, State of Colorado Approval of this plat does not constitute
acceptance of the,roads and rights -of -way for maintenance by Weld County
The construction, maintenance, snow removal, and all other matters
pertaining to or affecting the roads and rights -of -way are the sole
_ responsibility of the land owners within the minor subdivision
Witness my hand and the corporate seal of Weld County this day of
AD,19_
T.77, 2_.� fps iw,,, ,-'s-_�,_•r�,.......a.:- �..,r.'�f-R=�rT.,f .,
CliairmSri Board-ofiCounty-Commissioners„�
ATTEST
Weld County Clerk to the Board
By Dated
Deputy Clerk to the Board
4 5 22 An erosion control plan, if required as a result of a minor subdivision sketch plan
requirement
4 5 23 Minor Subdivision road plans A complete estimate of costs shall accompany the
road plan All road plan information shall be complete and sufficient for review by the
County Engineer
4 5 24 A certificate from the County Treasurer showing no delinquent taxes for the minor
subdivision final plat area
4 5 25 A title commitment or a title opinion covering all public dedications
4 5 26 A warranty deed, if required, deeding to the appropriate entity any lands to be
used for the benefit of the public or owners and future owners of the minor subdivision
p
I
'4 6 Minor Subdivision Final Plat Processing and Review Procedure The planner shall be
responsible for processing all minor subdivision final plat applications in the unincorporated areas
of Weld County The planner shall also have the responsibility of ensuring all application submittal
requirements are met -prior to processing the application Once a complete application is
Submitted
4 6 1 the planner shall schedule a Planning Commission meeting date not more than
forty-five (45) days after the complete application has been submitted unlessthe applicant
-agrees or "requests a hearing date more than forty-five (45) days after submittal
19 Ordinance 173C'
0
4 6 2 The.planner shall schedule a hearing before the Utilities A-dvisory Coordinating`
Committee - This hearing shall be held prior to the Planning Commission meeting
4 6 3 -The-planner shall give notice of the application for a minor subdivision final plat
ti and the Planning Commission public meeting date to those persons listed in the application _
as -owners of Property -located, within- five -hundred ''(500)- feet yof the parcel -under-_
consideration -Such notification _shall :be `mailed, first class, not less_ than ten (10) days
before the scheduled public hearing
_ 46.4 The planner shall give notice of the application for a minor subdivision final plat
- and -the Planning Commission public meeting -date to those persons'liste,d in the application
as owners and lessees of the, mineral; estate on or under_ the_ parcel under rconsideration
Such notification_ shall be mailed,' -first class, not -less than- ten (10) days before the
scheduled public�hearing
4 6 5 The planner shall post a sign on the property,under consideration, for a minor
subdivision final plat The sign shall be posted adjacent -to ,and visible from a -'publicly k
maintained Joad right-of-way In the event the property_ under,consideration is not adjacent-___
to a publicly maintained road right-of-way one -sign shallbe-posted in the -most prominent"
place on the property and a second sign shall be posted where a driveway. (access drive)
- intersects -a publicly` maintained road right-of-way The Department of:Planning Services -
shall certify -that the sign has been posted for the ten (10) days preceding the hearing date ,
Each sign -shall show the following information '
' 4 6 5 1-
- The assigned application number
4-,6 5 2 ` The date, time, and place of the public hearing
4 6 5_3 The -phone number and location of the Department of Planning
Services
4 6 5 4 " The applicant's name
A 6 5 5 The'acreage of the parcel underconsideration
4 6 5 6 ,The number of lots requested
_4 6 6 ` The planner shall arrange for legal notice of the Planning Commission meeting"
published in the newspaper designated by the Board for -publication -of notices The>date
of publication shall be at least ten -(10) days prior to the hearing "
4 6 7 - The planner shall Refer the application, to, referral agencies„when applicable, for
review and comment The agencies shall respond within twenty-one (21) days after the
- mailing of -the application by the County . The 'failure -of any agency to respond within
twenty-one (21) =days may be 'deemed -to be a favorable response to .the Planning
:Commission The reviews and comments solicited by Weld County are intended to provide
the County with information 'about- the, proposed minor _subdivision `The Planning
Commission and'; Board may- consider all such reviews and comments and may solicit
20 Ordinance 1.73C
additional information if such information is deemed necessary The reviews and
comments submitted by a referral agency are recommendations to the County The
authority and responsibility for making the decision to approve or deny the request for a
minor subdivision rests with the Board of County Commissioners
4 6 8 The planner shall prepare a recommendation for the Planning Commission
addressing all aspects of the application including
4 6 8 1 Conformance to the Weld County Zoning and this Ordinance for
review and approval
4 6 8 2 Comments received from referral agencies
4 6 8 3 Comments received from surrounding property owners and owners
and lessees of the mineral estate
4 6 9 The Planning Commission shall hold a meeting to consider the minor subdivision
application The Planning Commission shall provide a recommendation to the Board
concerning the minor subdivision application The Planning Commission's recommendation
shall include whether the applicant has demonstrated that the standards of this Ordinance,
Sections 4 6 9 1 through 4 6 9 16 have been or will be met The applicant has the burden
of proof to show the standards of this Ordinance, Sections 4 6 9 1 through 4 6 9 16 are met
The applicant shall demonstrate
4 6 9 1 Compliance with the Weld County Comprehensive Plan and the zone
district in which the proposed use is located,
4 6 9 2 That provisions have been made to preserve prime agricultural land,
4 6 9 3 That provisions have been made for a public water supply that is
sufficient in terms of quantity, dependability, and quality to provide water for the
minor subdivision including fire protection,
4 6 9 4 That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal are
proposed, evidence that such systems will comply with state and local laws and
regulation`s which are in effect at the time of submission of the minor subdivision,
4 6 9 5 That all areas of the minor subdivision which may involve soil or
topographical conditions presenting hazards or requiring special precautions have
been identified by the subdivider and that the propose d uses of these areas are
compatible with such conditions,
4 6 9 6 That streets within the minor subdivision are adequate in functional
classification, width, and structural capacity -to meet the traffic requirements of the
minor subdivision All roads within the minor subdivision shall be a minimum of
eighteen (18) feet in width and shall have a minimum depth of four (4) inches of
gravel base,
21 Ordinance 173C
4 6 9 7 That off -site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the minor subdivision,
4 6 9 8 That the construction, maintenance, snow removal, and other
matters pertaining to or affecting the o road and rights -of -way for the minor
subdivision are the sole responsibility of the land owners within the minor
subdivision,
S ` 6 9 9; ; ;1 That thre itmtrtar_, subdivision is not art of or corattquousxwith
' ,previpusly recorded�sybdiv ision-q) rji nincorporatedlOWnsite;-` - 4 6 9 10 That there will ,be no on -street parking permitted within the minor
subdivision,
4 6 9 11 That no additional access to a county, state, or federal highway will
be created,
4 6 9 12 That the ingress and egress to all lots within the minor subdivision
will be to an internal road circulation system,
46913
adequate,
That facilities providing -drainage and stormwater management are
4 6 9 14 That the maximum number of lots within the minor subdivision will
not exceed five (5) lots,
4 6 9 15 That the minor subdivision will not cause an unreasonable burden on
the ability of local governments or districts to provide fire and police protection or
other services, and
4 6 9 16 The subdivision will not have an undue adverse effect on wildlife and
its habitat, the preservation of agricultural land, and historical sites
4 6 10 The planner shall forward the official recommendation of the Planning Commission
and the information contained in the official record, including the planner's case file, to the
Clerk to the Board within ten (10) days from the Planning Commission meeting
4 6 11 The planner shall notify the Clerk to the Board to schedule a Board hearing date
not more than thirty (30) days after receipt of the Planning Commission recommendation
has been submitted to the Clerk to the Board
4 6 12 The Clerk to the Board shall give notice of the application for a minor subdivision
final plat and the Board's public hearing date to those persons listed in the application as
owners of property located within five -hundred (500) feet of the parcel under consideration
The notification shall be mailed, first class, not less than ten (10) days before the scheduled
public hearing
22 Ordinance 173C
4 6 13 The Clerk to the Board shall give notice of the application for a minor subdivision
final plat and the Board's public hearing date to those persons listed in the application as
owners and lessees of the mineral estate on or under the 'parcel under consideration The
notification shall be mailed, first class, not less,than an ten (10) days before the scheduled
public hearing
4 6 14 The planner shall post a sign on the."property under, consideration of a minor
subdivision final plat The sign shall be` posted' adjacent to and visible'from- a publicly
maintained road right-of-way !n -the event the property under consideration is not adjacent
to a publicly maintained road right-of-way, one sign shall be posted in the most prominent
place on the property ,and a second sign shall beposted where a driveway'(access drive)
intersects a publicly maintained road right-of-way The Department of Planning Services
shall certify that the sign has been posted for the ten (10) days preceding the hearing date
Each sign shall'show the following information - -
o
0
4 6 14 1 , _ The assigned application number
4 6 14 2 The'date, time, and place of the public hearing
4 6 14 3 ' The phone number and location of the Department of Planning
Services
4 6 14 4' The applicant's name
4 6 14 5 The acreage of the parcel under consideration
4 6 14 6 The number of lots
4 6 15 The Clerk tb 'the 'Board shall arrange for legal notice of the Board hearing
published in the newspaper designated by the Board for publication 'of notices The date -
of 'publication shall be at least ten (10) days prior to the hearing -
4 6 16 The Board shall hold a public hearing to consider the application and to take final
action In making a decision on the minor subdivision final plat application, the Board `shall
consider the recommendation of the Planning Commission, the facts presented at the public
hearing, the information contained in the official record including the planner's case file, and
whether the applicant has demonstrated ,thaf the standards of Sections 4 6 16 1 through
4 6 16'15 of this Ordinance have been or,will' be met The applicant has the burden of proof
to show that the standards of Sections 4'6 16 1 through 4 6 16 15 of this Ordinance are
met The applicant shall demonstrate _
4 6 16 1 Compliance with the Weld County Comprehensive Plan and the zone
' district in which the proposed use is located,
46162
lands,
That provisions have been made to preserve prime agricultural
23
Ordinance 173C
4 6 16 3 That provisions have been made for a public water supply that is
sufficient in terms of quantity, dependability, and quality to provide water for the
minor subdivision including fire protection,
4 6 16 4 That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal are
proposed, evidence that such systems will comply with state and local laws and
regulations which are in effect at the time of submission of the minor subdivision,
4 6 16 5 That all areas of the minor subdivision which may involve soil or
topographical conditions presenting hazards or requiring special precautions have
been identified by the subdivider and that the proposed uses of these areas are
compatible with such conditions,
4 6 16 6 That streets within the minor subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic requirements of the
minor subdivision All roads within the minor subdivision shall be a minimum of
eighteen (18) feet in width and shall have a minimum depth of four (4) inches of
gravel base,
4 6 16 7 That off -site street or highway facilities providing access to the
proposed minor subdivision are adequate in functional classification, width, and '
structural capacity to meet the traffic requirements of the minor subdivision,
4 6 16 8 That the construction, maintenance, snow removal, and other
matters pertaining to or affecting the road and rights -of -way for the minor
subdivision are the sole responsibility of the land owners within the minor
subdivision,
4 6 16 9 That the minor subdivision is not part of or contiguous with a
previously recorded subdivision or unincorporated townsite
4 6 16 10 That there will be no on -street parking permitted within the minor
subdivision,
4 6 16 11 That no additional access to a county, state, or federal highway will
be created,
4 6 16 12 That the ingress and egress to all lots within the minor subdivision
will be to an internal road circulation system,
4 6 16 13 That facilities providing drainage and stormwater management are
adequate for the minor subdivision,
4 6 16 14 That the maximum number of lots within the minor subdivision will
not exceed five (5) lots, and
24 Ordinance 173C
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4 6 16 15 That the minor subdivision will not cause an unreasonable burden on -
the ability of local governments or districts to provide fire and police protection or
other services
4 6 17 The Board's final decision will be by resolution A record of such action and a
copy of the resolution will be kept in the files of the Clerk to the Board The planner shall
record an approved minor subdivision final plat and the Board's resolution with the County
Clerk and Recorder
4 6 18 No minor subdivision final plat shall be considered approved and eligible for
recording until the Board has approved a subdivision improvements agreement
4 6 19 The subdivision will not have an undue adverse effect on wildlife and its habitat,
the preservation of agricultural land, and historical sites
25 Ordinance 173C
r
SECTION 5 MAJOR SUBDIVISION SKETCH' PLAN -- FIRST STEP
"5 1 An applicant shall submit 'a complete sketch plan application with the required number of
application copies and processing fee to the planner The required number of application copies
shall be ', determined by the planner
5'2 , The following completed information and maps are`required
5 2 1 -A sketch plan application form
5 2 2 A copy of a deed or legal instrument identifying the applicant's interest in the -
property ,Under consideration „If- anauthorized agent signs the application for the fee
owner(s), a power ,of attorney to the agent from the property owner(s) shall be provided
5 2 3 A description of the type of uses proposed for the subdivision
5 2 4, ,, ' A description.of the type ,of water system proposed for the subdivision
5 2 5' A description of the type of sewer system proposed for the subdivision',
5 2 6 A sketch, plan' drainage_`report shall be prepared in compliance -with the
requirements of Section 10 11 of this Ordinance,
5 2 7 A description of the ' width and type of surface of all streets and sidewalks
proposed within the subdivision Street design requirements are referenced in Section 10
of this Ordinance -
5 2 8 Any floodplain, geologic hazard, 'and airport overlay' district areas located within
the proposed subdivision identified in the Weld County Zoning -Ordinance -
5 2 9 A report identifying the geologic characteristics in- the area of the proposed
subdivision The report shall indicate if the proposed subdivision will, be affected by any
geologic characteristics An application for a, minor subdivision shall include a soils and
geological investigation report identifying the suitability of the area for the proposed
subdivision The report shall be prepared by a professional engineer or geologist A copy
of the deport will be reviewed by the Department of Natural Resources, Colorado Geological
Survey 'The Colorado Geological Survey, charges a separate review fee which must be
paid upon submittal of a minor subdivision application ,
'5 2 10' A statement indicating the existence of a potential radiation hazard in the area of
the proposed subdivision
5 2 11, ' A sketch plan vicinity map shall be drawn at a scale of one -inch equals six
hundred feet(1" = 600'), unless otherwise approved by the planner, composed of one or
more sheets with an outer dimension of twenty-four by thirty-six, inches (24" x 36") -showing
the following items
U
5 2 11 1 ' The location of the proposed subdivision_ and its property boundaries
26 Ordinance 173C
_ 5 2 11 2 The existing street and highway systems within five hundred (500) ,
feet of the boundaries of the proposed subdivision
5 2 11 3 All unimproved or proposed public rights -of -way within five hundred
(500) feet of the boundaries of the proposed subdivision
5 2 11 4- All' public sewer, water, and storm drainage systems' within five
hundred (500) feet of the proposed subdivision
5 2 11 5 Title, scale, north arrow, and date
5 2 12 A sketch plan map shall be drawn at a scale of riot less than one -inch equals two•
hundred feet (1't 200') Variations from this scale will be acceptable in large acreage
subdivisions, provided the map is clearly legible and approved by the planner -The.-
'dimensions of the sketch plan map shall be twenty-four inches_by thirty-six (24" x 36") If
a subdivision 'requires more than two sheets, a map showing the total subdivision shall
also be submitted at an appropnate scale If multiple sheets are 'used, a sheet index
showing 'the relationship of the individual sheets shall be provided ,The-sketch'plan map
shall include the following ,nformat,on
5 2 12 1 - Title, scale, north arrow, name of the subdivision, township, range,
section, quarter section,,block and lot numbers
-5 2 12 2 The layout of blocks, lots, outlots, roads, accesses, utility easements,_
and open space scaled to -the nearest foot -
5 2 12 3 Existing topographic contours at ten (10) foot intervals drawn from
available,data, such as the United States Geological Survey (USGS) maps
5 2 12 4 Soil types by boundary, accompanied by a description of the soil type
as prepared by the Soil Conservation Service
5 2 12 5 Floodplain and geologic hazard ,areas, existing structures, utility
lines, ditches, streams, lakes, drainage ways, vegetative cover, -oil and gas
production facilities, and any other structure or feature located within the proposed
subdivision
5 2 12 6 Any other information determined to be reasonably necessary by the
Department of Planning Services that will aid in the review of the sketch plan
application ,
5 3 Sketch plan processing`and review procedure
5 3 1 ' The planner shall be responsible for processing all sketch plan applications in the
unincorporated areas of Weld County ' The Department shall also have the responsibility
of ensuring all application submittal requirements are met prior to processing the
application Once a complete application is submitted, the Department shall
27 ` ' Ordinance 173C
5 3,1 1 Forward a copy of the sketch,plan application to appropriate referral
agencies for`review, and "
5 3 1 2 Schedule a rrmeeting with the applicant within forty-five (45) days after
a complete application has been submitted The purpose of the meeting will be
to advise the applicant of any problems discovered during the review -of the sketch
plan application, discuss comments and issues raised by referral agencies, and
to review the preliminary plan procedures` A, sketch _plan application shall be
completed prior to submitting a preliminary plan application
5-3 1 3 Major Subdivision Change of- Zone -- Second Step An applicant
shall submit a complete,change of zone' application following the procedures.in
Section" 21 of the -Weld- County Zoning Ordinance After a complete application
- is received; the -change of zone process should be completed within 120 days
The planner should be consulted for the correct application fee
28 Ordinance 173C
SECTION 6 MAJOR syBpivisioN PRELIMINARY PLAN -= THIRD STEP
6 1 An applicant shall submit a complete preliminary plan application with the required number
of application copies and application -fee to_the planner The required number of application copies
shall be determined by the planner -
6 2 The following information shall be submitted as part of the preliminary' plan application
- 6 2 1- A preliminary plan application form provided by the planner -
,- 6-2 2 A copy of a title commitment issued by a title insurancecompany or a title opinion
by an attorney licensed to practice in the State of Colorado The -commitment or opinion
shall set forth the names of all owners of property The -commitment or opinion shall' include
a list of all mortgages, judgments, liens, easements, contracts, and agreements of record
in Weld County,affecting the property described in the application if the attorney's opinion
or title, commitment discloses additional holders or owners of such mortgages, judgments,
liens, easements, contracts, or agreements, not party to the application, the Board may
require"them to join`in and approve it
6 2 2 1 -A Certificate from the County Treasurer showing no delinquent taxes
for -the preliminary plan area _
6 2 3 On a, separate sheet(s) of typing paper, 'attached to the preliminary plan -
application form, the following information i`s required -
6 2 3 1 ._A description of the types of uses proposed' for the subdivision
-6 2 3 2 - _ A summary of any concerns identified during the sketch plan
application process with an explanation of how the concerns will be addressed or
resolved -
6 2 3 3 The total number of lots proposed '
6 2 3 4 A description of the subdivision circulation system including road
width, type- and depth of road base and surface, width and depth of borrow
ditches, curb and gutter,--valley-pan, and vehicle parking arrangement The
circulation system shall include a description of any sidewalks, bikepaths, or trails
6 2 3'5 M A statement describing the ownership, function, and maintenance of
any school site, open space, or park within the proposed subdivision
6 2 3 6 - A description_ of the proposed water system accompanied by an
estimate, of -the total -gallons of water per day required for domestic use and
emergency fire protection
6 2 3 7 A water supply resource report The- report will contain ,written
evidence that adequate water,, service in terms of quality, _quantity and
dependability is available for the type of subdivision proposed Such evidence
may include, but shall not -be limited to the following Evidence -of ownership or
29 Ordinance 173C ,
- use -of existing and proposed water rights, histonc_use and estimated yield 'of
claimed water rights,'amenabilityyof-existing rights to a change in use, `evidence
that public or private water supply is available The amount of water available for
use within the 'subdivision and the feasibility, of extending services shall rbe
'identified `and evidence concerning ,potability ofythe-water supply -for then proposed
-subdivision- , , ,
6 2 3 8 A description of the'proposed sewer system The description shall
include an estimate of the composition of the sewage in terms of the average
pounds ,of biochemical oxygen demand per day --and total number of gallons per
- day of sewage -to be treated by, -public sewer or- the'` suitability of another means
of disposal, if public sewer is not required by the Weld County Zoning Ordinance
6-2 3 9 The proposed _method of- financing with an estimate of the,
infrastructure construction costs, related to the proposed_ subdivision- Cost
estimates' shall include, but not be 'limited to the"following
6 2 3 9 1 Streets and related facilities
6 2 3 9 2 Water distribution systems
6'2 3 9 3 Storm drainage facilities
6.2 3 9 4. Sewage collection 'systems
'6 2 3 9'5 'Other utilities and infrastructure as maybe required,
6 2 3 10 - A list of all municipal or quasi -municipal entities', public utilities, and
,water service providers located within five hundred,'(500), feet of the proposed
subdivision
6 2 4 ' A geologic report `,evaluating and predicting the impact, of geologic conditions
affecting the proposed subdivision The report shall .also include recommendations for
mitigating impacts 'affecting the proposed subdivision, if applicable The report shall include,
- a soil survey of the proposedtsubdivision,and a statement concerning suitability of soils �{
to'_suppor -proposed uses The'report shall be prepared by a qualified engineer or
geologist and include' information concerning depth to bedrock`, water table level,
erosion charactenstics;'unstable soils, and any other characteristics noted A copy of the
report will de -reviewed by the Department of_Natural Resources, 'Colorado Geological
Survey The. Colorado Geological Survey charges a separate review fee which must be
paid upon submittal -of the preliminary, plan- application
-6 2,5 A list of any -covenants, -grants of easement, and restrictions imposed' upon anyland, buildings; and `structures,within the proposed subdivision
6 2 6 A certified list of the names, addresses, and the corresponding, parcel identification
- numbers assigne&by the`Weld`County Assessor to the owners of property of the surface --
estate within five hundred (500) feet of the property subject tothe application _ The,source
'Of such list -shall be from the records of the -Weld County Assessor, oran ownership update -
`30 Ordinance 1730
from a title or abstract company or attorney derived_from such records, or from the records'
of the Weld County Clerk and Recorder If the list wasrassembled from the records of the
Weld County Assessor, the applicant shall certify that such list was assembled, within thirty
(30) days of the application submission date '
6 2 7 A certified list of the names and addresses of mineral owners and lessees of
mineral owners having an interest in the property -under consideration The list shall reflect
the names of mineral owners and,lessees as they 'appear on the plats or records in the
County Clerk and Recorder's Office and as they appear in the telephone directory or other
'directory of general use in the area of the property or on the tax records of the County
6 2'8 - Preliminary plan vicinity map requirements
6 2 8-1 The'dimensions of the vicinity map shall be twenty-four (24) inches
- by thirty (36) inches The scale shall be one inch equals 600 feet, unless
= otherwise approved by the planner A poorly drawn or illegible map is sufficient
' cause for its refection ,
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6 2 8 2 The following information shall be shown` on the vicinity map ,
6 2 8 2 1 The perimeter outline of the proposed subdivision The
location of all existing and proposed accesses to the proposed
subdivision
-6 2 8 2 2 'The location and name of all roads and highways within
five hundred (500) feet of the perimeter of the proposed_ subdivision
6 2 8 2 3 The perimeter outline and identification of subdivisions,
zone districts; and any special districts within five hundred (500) feet
of the perimeter of the proposed subdivision' ,
6 2 9 Preliminary plan plat requirements ,
6 2 9 1 The dimensions of the plat map shall be drawn on a sheet twenty-
four (24) inches by thirty-six (36) inches The preliminary plan shall be drawn at
a scale of one inch equals 200 feet, unless a variation from this scale is allowed
by the planning director or=designee due to the size of the proposed development
If a subdivision requires more than two .sheets, a map' showing the' total
subdivision shall also be submitted 'at an appropriate scale- If multiple sheets -are
used, a key showing the relationship of'the individual sheets shall be,required -
A poorly drawn or illegible map is sufficient cause for its rejection
6 2 9 2 The following_information shall be shown on the preliminary plan plat
map
6 2 9 2 1 The basis of bearings, north arrow, subdivision name,
- total acreage, and legal description of the proposed subdivision ,
31 Ordinance 173C
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6 2 9-2 2 Lots and blocks shall be numbered 'consecutively Lot
dimensions shall be scaled to the nearest foot The area of each'Iot
shall be shown in square feet, if less -than one acre If lots are
greater,than one acre, the area -shall be shown in acres
6 2 9 2 3 Thestreet layout for the subdivision All streets,shall be
named ,
`6 2 9 2 4 The layout of future streets adjacent to the subdivision
shall be shown in.a,dashed-line
6 2 9 2 5 Contours at ten (10) foot intervals for predominant
ground slopes -within the proposed subdivision between level and -
five percent (5%) grade - Contours at five (5) foot intervals for
predominant ground slopes over five percent (5%) grade- Contours
at one (1) foot intervals if the predominant ground slopes are level
Elevations shall be based on National Geodetic Survey Sea Level _,
data
6 2 9 2 6 ' The location, size, and use of all existing structures and
existing and proposed easements This includes easements for
water, sewer, electric, gas, and telephone lines It also includes„but,
is not limited to, irrigation ditches, water mains, and fire hydrants _
6 2 9 2 7 A utility service statement block shall appear on the
preliminary plan plat map The block shall, identify each utility
company, special district, or,municipality intended to 'service the -
subdivision The `block shall include
6 2 9 2 7 1' The name of the,utility company
6-2 9 2 7 2 A dated `signature and statement from the
representative of the utility company indicating one of
the following ' '
6 2 9`2 7 2 1' Service is available
6 2 9'2 7 2 2 Service is available, subject-
' to the following specific conditions -
6 2 9 2 7 2 3 Service is not available for.
the subdivision
6 2 10' . A drainage report shall- be, prepared in compliance with the requirements of
Sections 10 1`2 and 10 13 of this Ordinance
32 Ordinance 173C
6 3 Preliminaryplan processing and review procedure
6 3 1 , The planner shall be,responsible for processing all preliminary plan applications
in the unincorporated areas of Weld County The planner shall also have the responsibility
of ensuring _ all application submittal 'requirements are met prior -to processing the
application Once a complete application is submitted
6 3 1 1 The planner shall schedule a Planning Commission meeting date
not more than 'sixty (60)- days after the complete application has been
submitted
6 3 1,2 The planner shall schedule a hearing before ,the Utilities Advisory
Coordinating Committee ` This hearing will 'be held prior to the Planning -
Commission -meeting
6 3 1 3 - The planner shall give notice -of the application for a preliminary plan
and the Planning Commission public meeting date to -those persons listed in the
application as owners of property located within five -hundred (500) feet of the
parcel under consideration Such notification shall be mailed first class not less'
than ten' (10) days,before the scheduled public hearing
"6 3 1 4 , _ The planner shall give notice of the application for a preliminary plan
and the Planning Commission public meeting date to those persons listed in the -
application,as owners and lessees of the mineral estate,on or under the parcel _
under consideration Such notification shall be mailed first class not less than ten
(10) days before the `scheduled public hearing - - -
, 6 '3 1 5" The planner shall post a -sign on the property under consideration of '
a major subdivision final plat The sign shall be posted adjacent to and visible
from a publicly maintained_ road right=of-way In the event the property under
consideration_is not adjacent -to a publicly maintained road`right-of-way one sign
shall be posted 'in the ,most prominent place on the property and a second sign -
shall be posted where a driveway (access drive) intersects a publicly_maintained -
road right-of-way "The Department of Planning Services shall certify that the sign
-has been posted for the -ten (10) days preceding the hearing date Each sign shall
- show the following information
6 3 1 5.1 The assigned preliminary -plan application numbers
- _6 3 1 5 2 The date, time, and place of the public hearing' - ' -
6 3 1 5 3 The phone number and location,of the Department of
Planning Services
fi 3 1 5 4 The applicant's name ,
6_3 1 5 5 ` -The acreage of the parcel under consideration
6 3 1 5 6' The type of request
33 ' - - Ordinance\ 173C --
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6 3 1 6 The planner shall arrange for legal notice of the Planning
Commission meeting to be published in_the newspaper designated by the Board -
for publication of notices The date of publication shall be at least ten (10) days -
prior to the hearing
6 3 1 7 _ The planner, shall refer the application to 'referral agencies, ,when
'applicable, for -review and comment -The agencies shall respond within twenty-
one (21) days after the mailing of the application by the County The failure of any
agency to`respond within twenty-one (21) days may be deemed to be a favorable
response to the Planning Commission The reviews and comments solicited by
--Weld County are intended to provide the County with information about the
- proposed preliminary1plan The Planning Commission and Board mey,consider
all such reviews and comments and may solicit additional information'- if such
information'is deemed necessary The,reviews and comments subrrmitted by a- -
referral agency are recommendations 'to the County The authority and
responsibility for making the decision- to approve or deny, the request for a_ -
- preliminary,plan rests' with the Board `The, preliminary plan referral ,agencies
include r ' ` S , - S ^
6 3 1 7 1 The Planning Commission or governing body of any -
city, town, or county whose_boundaries are within a three (3) mile -
radius of the parcel under -consideration for a prelimmary,plan or if, .
the parcel under consideration for the preliminary plan falls within an
urban growth boundary as defined and adopted in any approved
intergovernmental agreement(s) - -
6 3 1 7 2 Weld County Environmental Protection Services
6 3 1 7 3", -Weld County PublicrWorks-Department
6 3 1 7 4 Colorado - Department of Public Health and
Environment - s
6 3 1 7 5 Weld County Extension Office
_ 6 3 1 7 6 Colorado Geological Survey
-6 3 1 7 7 Colorado Department of Transportation = ,
6 3 1 7 8 Colorado State Division of Wildlife
6 3 1 7 9 Colorado State Engineer, Division of Water Resources
6 3 1 7 10 Colorado State Oil and Gas Conservation Commission -
6 3 1 7 11 U S Army Corps of Engineers
6.3 1 7 12 U S ,Soil Conservation Service , ,
34
Ordinance 173C
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6 3 1 7 13 The appropriate school district
6 3 1 7 14 The appropriate fire district
6 3 1 7 15 Any irrigation ditch company with facilities on or
adjacent to the parcel under consideration
6 3 1 7 16 Any other agencies or individuals whose review the
planner, the Planning Commission, or the Board deems necessary
6 3 1 8 The planner shall prepare a recommendation for use by the
Planning Commission addressing all aspects of the application including
6 3 1 8 1 Conformance to the Weld County Zoning and this
Ordinance for review and approval
6 3 1 8 2 Comments received from referral agencies
6 3 1 8 3 Comments received from surrounding property owners
and owners and lessees of the mineral estate
6 3 1 9 The Planning Commission shall hold a meeting to consider the
preliminary plan application The Planning Commission shall provide a
recommendation to the Board concerning the preliminary plan application The
applicant has the burden of proof to show the standards of Section 6 3 1 9 1
through 6 3 1 9 12 of this Ordinance are met The applicant shall demonstrate the
following
6 3 1 9 1 That the proposed subdivision is located within an
Urban Growth Boundary area as defined and adopted in any
approved intergovernmental agreement(s), or as defined in the Weld
County Comprehensive Plan,
6 3 1 9 2 Compliance with the Weld County Comprehensive Plan
and the zone district in which the proposed subdivision is located
6 3 1 9 3 Comments received from referral agencies have been
addressed, if applicable
6 3 1 9 4 That definite provision has been made for a water
supply that is sufficient in terms of quantity, dependability and quality
to provide water for the subdivision, including fire protection
6 3 1 9 5 That, if a public sewage disposal system is proposed,
provision has been made for the system and, if other methods of
sewage disposal are proposed, evidence that such systems will
comply with state and local laws and regulations which are in effect
at the time of submission of the subdivision
35 Ordinance 173C
6 3 1 9 6 That, streets within _the subdivision are adequate in
functional classification,"width, and,structural capacity to meet the
-traffic needs of -the subdivision in accordance'with the requirements
set forth in Section '10 of this Ordinance- -; -
6 3 1 9 7 That Off -site -street or highway facilities providing access'
to. the subdivision aare-adequate'in functional classification, width,
and structural capacity_to meet: the traffic' requirements of the'
subdivision - _ , ' _ _ - -
,6 3 1 9 8 Thatfacilities providing, drainage and ,,stormwater'
management are._ adequate -
' -6 3 1 9 9, The subdivision will not cause an unreasonable burden_ '
on :the, ability of local_ governments or districts to provide fire and
police protection,.hospital,-eolidweste disposal, and.other'services
6 3 1-9 10 The subdivision will not cause air pollution' violations
based on Colorado'Department of Public Health and Environment
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6 3 1'9 11 _ The subdivision conforms to 'the subdivision design
standards of Section 10' of this Ordinance
6 3 1 9-1,2' The subdivision will not have an undue adverse effect
on wildlife and its habitat, -the preservation of agricultural land, and
historical sites . '
6 3 2, - The planner shall forward the official recommendation of the Planning Commission
and -the information,contairied in -the official record, including the planner's case file, to the
- Clerk to the Board within ten -(10) -days _
'6 3 3 _ The Clerk to Board of County Commissioriers,shall
6 3 3 1, Set a,Board public hearing to take place not'more than thirty (30)
days after -receipt of the-Planhing'Commission recommendation for consideration
of the proposed -preliminary plan -application -^r
'6-3,3 2, ' Arrange for legal notice of'the hearing to be published once in the
newspaper designated by the Board for publication of notices - The date of
publication shall beat least ten (10) days prior to the hearing M - -
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6-3 3 3. _ - . ,Give notice of the application for a preliminary plan and'the public
hearing date -to those persons listed in the application as owners of "property
'located vuithm five hundred (500)',feet"of the,parcel under consideration The
notification shall 'be `maiiled first-class not less -than ten (10) days before the
scheduled public hearing
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_Ordinance 173C
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6 3_3 4 Give notice -of the application for a preliminary plan and the public
hearing date to those persons -listed in the application as owners and lessees of
the mineral estate on or under the parcel under consideration The notification
shall be mailed first class not less than ten (10) days before the scheduled public
hearing
6 3 4 The Board shall hold a public hearing to consider the application and take final
action thereon In making a decision on the preliminary plan application, the Board shall
consider the recommendation of the Planning Commission, the facts presented at the public
hearing, and the information_ contained ,in the record, including the, planner's base file
The applicant has' the burden of proof` to show that the standards .of 6 3 3 5 1 through
6 3 3 5 12 are met ° The applicant shall demonstrate the following
6 3 4 1 That the proposed subdivision is located within an Urban Growth
Boundary area as defined and adopted in any approved intergovernmental
agreement(s), or as defined in the Weld County Comprehensive Plan
6 3 4 2 Compliance with the Weld County Comprehensive Plan and the zone
district in which the proposed subdivision is located
6 3 4 3 - That comments received from referral agencies have been
addressed, if applicable° --
6 3 4 4 That definite provision has been made°for a public supply that is
sufficient in terms_ of quantity, dependability, and quality to provide water for the
subdivision, including fire protection
6 3 4 5 That, if a public sewage disposal system is proposed, provision has
,been made for the system and, if other methods of sewage disposal are
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proposed, evidence that such systems will comply with state -and local laws and
regulations which are in effect at the time of submission of the subdivision
6 3 4 6 - That- streets within the subdivision are adequate in functional
classification, width, and structural capacity to meet the traffic requirements needs
of the subdivision in accordance with the requirements set forth in Section 10 of
the Ordinance ' -
6 3 4'7 - That off -site street, or highway- facilities- providing access to the
subdivision are adequate in functional classification, width, and structural capacity
to meet the traffic requirements of the -subdivision '
6 3 4 8 ' That facilitiee providing drainage and stormwater management are
adequate
6 3 4 9 - -The subdivision will not cause an unreasonable burden on the ability
of local governments or -districts, to provide fire and police protection, hospital,
solid waste disposals and other services
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37 Ordinance 173C
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6 3 4 10 The subdivision will not cause air pollution violations based on
Colorado Department of Public Health and Environment standards
6 3 4 11 , The subdivision conforms to the subdivision design standards of -
Section 1,0 of this Ordinance ,
6 3 4 12 The subdivision will not have an undue adverse effect on wildlife and
its habitat, the preservation of agricultural land, and historical sites
_ 6 3 4 13 The Board of County Commissioners' final decision will be by
resolution A record of such action and a copy of the resolution will be kept in the
'files of'the Clerk to the Board
38 `Ordinance 173C
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SECTION 7 MAJOR SUBDIVISION FINAL PLAT -- FOURTH STEP
7 1 An applicant shall submit a complete final plat application with the required number of
application copies and application fee to the planner The required number of application
copies shall be determined by the planner
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Preliminary plan approval must be obtained from the Board prior to submitting a final plat
A final plat shall be submitted for approval within one (1) year of the date a preliminary plan
has been approved by the Board of County Commissioners No final plat submission shall
be accepted after expiration of the one (1) year period unless an extension of time has
been granted by the Board An extension of time may be granted by the Board upon
written request of the subdivider within one (1) year of the date of approval of the
preliminary plan Any plat submitted after expiration of the approval period without a time
extension shall be processed as a new preliminary plan application
The final plat shall conform to the approved preliminary plan The Board may approve a
modified final plat if changes reflect improvements in design or changes have occurred to
surrounding land uses or the environment since the time of the preliminary plan approval
7 2 The following information shall be submitted as part of a final plat application
7 2 1 A final plat application form provided by the planner
7 2 2 A copy of a title commitment issued by a title insurance company or a title opinion
by an attorney licensed to practice in the State of Colorado The commitment or opinion
shall set forth the names of all owners of property The commitment or opinion shall include
a list of all mortgages, judgments, liens, easements, contracts, and agreements of record
in Weld County affecting the property described in the application If the attorney's opinion
or title commitment discloses additional holders or owners of such mortgages, judgments,
liens, easements, contracts, or agreements, not party to the application, the Board may
require them to join in and approve it The title commitment or opinion shall be completed
within thirty (30) days prior to the application submission date
7 2 3 On separate sheets attached to the final plat application form, the following
information is required
7 2 3 1 A description of the type of uses proposed for the subdivision
7 2 3 2 A summary of any concerns identified during the preliminary plan
application process with an explanation of how the concerns will be addressed
or resolved
7 2 3 3 The total number of lots proposed
7 2 3 4 A description of the subdivision circulation system, including sidewalk
width, road width, type and depth of road surface, curb and gutter, valley pan, or
width and depth of borrow ditches, and vehicle parking arrangement
39 Ordinance 173C
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7 2 3 5 A statement indicating if on -street parking will be permitted within the
proposed subdivision
7 2 3 6 A statement describing the ownership, function, and maintenance of
any school site, open space, or park within the proposed subdivision
7 2 3 7 If the applicant is to dedicate land for schools, roads, parks, or other
public purposes, a letter of intent from the appropriate public agency stating it will
accept the lands to be dedicated
7 2 3 8 A description of the proposed water system accompanied by an
estimate of the total gallons per day required to serve the subdivision
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7 2 3 9 A water supply resource report The report will contain written _
evidence that a water supply of sufficient quality, quantity, and dependability will
be available to serve the proposed subdivision Such evidence may include, but
shall not be limited to the following evidence of ownership or use of existing
water rights, historic use and estimated yield of claimed water rights, amenability
of existing rights to a change in use, evidence that a public or private water supply
is available The amount of water available for use within the subdivision,
feasibility of extending services, and evidence concerning potability of the water
supply for the proposed subdivision shall be identified
7 2 3 10 A copy of a contract or some tangible guarantee providing for a
common water supply if water is required to be supplied by a water district,
municipality, or other agency
7 2 3 11 A description of the proposed sewer system The description shall
include an estimate of the total number of gallons per day of sewage to be treated
by public sewer or the suitability of another means of disposal if public sewer is
not required
7 2 3 12 A copy of a contract or other tangible guarantee providing for
adequate sewage treatment by a public sewage treatment agency if public
sewage treatment is required
7 2 3 13 A statement explaining how recommendations of the Colorado
Geological Survey will be met
7 2 3 14 , A list of any covenants, grants of easement, and restrictions imposed
upon any land, buildings, and structures within the proposed subdivision
7 2 3 15 A copy of a Colorado Department of Transportation access permit
if a new street intersects with a State highway
7 2 3 16 If applicable, a copy of an agreement signed by the applicant and
representative of the irrigation ditch company The agreement shall specify an
agreed upon treatment of the ditch as provided in Section 9 of this Ordinance
40 Ordinance 173C
7 2 3 17 Proof of an existing easement or dedicated right-of-way when it is
contiguous to an easement or right-of-way of the proposed subdivision
7 2 3 18 A proposed subdivision improvements agreement executed by the
applicant The agreement forms are provided by the planner The agreement
shall be made in accordance with the Weld County policy on collateral for
improvements
7 2 3 19 If applicable, an off -site road improvements agreement executed by
the applicant The agreement shall be in accordance with Section 13 2 of this
Ordinance
7 2 3 20 A drainage report shall be prepared in compliance with the
requirements of Section 10 12 and 10 13 of this Ordinance
7 2 4 A certified list of the names, addresses, and the corresponding parcel identification
numbers assigned by the Weld County Assessor to the owners of property of the surface
estate within five hundred (500) feet of the property subject to the application The source
of such list shall be from the records of the Weld County Assessor, or an ownership update
from a title abstract company or attorney derived from such records or from the records of
the Weld County Clerk and Recorder If the list was assembled from the records of the
Weld County Assssor, the applicant shall certify that such list was assembled within thirty
(30) days of the application submission date
7 2 5 A certified list of the names and addresses of mineral owners and lessees of
mineral owners having an interest in the subject property The list shall reflect the names
of mineral owners and lessees as they appear on the plats of record in the County Clerk
and Recorder's Office and their most recent addresses as they appear in the telephone
directory or other directory of general use in the area of the property or on the tax records
of the County
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7 2 6 Final plat map requirements
7 2 6 1 ' The plat shall be delineated in nonfading permanent black ink on a
dimensionally stable polyester sheet such as cronar, mylar, or other product of
equal quality, three millimeters or greater in thickness The size of each sheet
shall be twenty-four (24) inches in height by thirty-six (36) inches in width No
final plat submitted shall contain any form of stick -on type material such as, but
not limited to, "sticky -back" or adhesive film, kroy lettering or tape The drawing
shall be at a scale of one (1) inch equals one -hundred (100) feet (1" = 100')
7 2 6 2 A photo mylar copy or diazo sensitized mylar copy of the original ink
drawing, three (3) millimeters or greater in thickness, may be submitted
7 2 6 3 The final plat submitted shall contain the original signatures and
"seals of all parties required If a photo mylar copy or diazo sensitized mylar copy
is submitted, the original signatures and seals must be contained thereon
41 Ordinance 173C
7 2 6 4 If a subdivision requires more than two (2) sheets, a map showing
the relationship of the individual sheets shall be required
7 2 6 5 All work shall comply with the requirements of C R S 38-50-101,
38-51-101, 38-51-102, 38-53-103, and 38-53-104
7 2 6 6 All work shall comply with the requirements,of the "Bylaws and Rules
of Procedure of the State Board of Registration for Professional Engineers and
Professional Land Surveyors" and "Rules of Professional Conduct of the State
Board of Registration for Professional Engineers and Professional Land
Surveyors -Board Policy Statements "
7 2 6 7 The subdivision plat shall be referenced to at least two (2) public land
survey monuments of record in accordance with C R S 38-53-102 (7)
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7 2 6 8 A signed copy of all Colorado Land Survey Monument Records for
indicated "Aliquot Corners" will be submitted with the final plat in accordance with
CRS 38-53-102 (2) If -an "Aliquot Corner" indicated on the final plat is
substantially as described in an existing record previously filed and in the
appropriate records of the Clerk and Recorder, a copy of that monument record
and a letter of certification stating that it is as described thereon shall be
submitted
7 2 6 9 The surveyor making a plat shall certify on the plat that it conforms
with all applicable rules, regulations, and laws of the State of Colorado, State
Board of Registration for Professional Engineers and Professional Land
Surveyors, and Weld County
7 2 6 10 The surveyor shall affix his/her name, seal and date of certification
as prescribed in the "Bylaws And Rules of Procedure of The State Board of
Registration for Professional Engineers And Professional Land Surveyors"
7 2 7 The final plat map shall include the following information
7 2 7 1 The basis of bearings, north arrow, subdivision, name, date, total
acreage, total number of lots, name and address of the owner(s) of record, legal
description, stated scale, and graphic scale
7 2 7.2 The bearings, distances, and curve data of all perimeter boundary
lines shall be indicated outside the boundary line, not inside, with the lot
dimensions When the plat is bounded by an irregular shore line or a body of
water, the bearings and distances of a closing meander traverse shall be given
and a notation made that the plat includes all land to the water's edge or ,
otherwise
42 Ordinance 173C
7 2 7 3 Lots and blocks shall be numbered consecutively Bearings and
- lengths shall be given for all lot lines, except for interior lot lines -where the
, bearings and lengths are the -same as both end, lot lines All dimensions of
irregularly, shaped lots shall be indicated All lot lines intersecting a curve shall
state if they,are radial or non -radial lines , Lengths shall be shown to hundredths
of a foot and angular dimensions and bearings' to seconds of arc
7 2 7 4 - The area, of each lot shall be shown m square feet, if less than one
acre If lots are greater than one acre, the area shall be shown in acres
7 2 7 5 - Curved boundaries and all curves on the final plat shall include the
radius of curve, central angle, chord distance, and bearing `
7 2 7 6 Any parcel that is excepted from the subdivision shall be marked,
"not included in this -subdivision" The boundaries of an excepted parcel shall be
identified by -bearings and,distances '
7 2 7 7 s All streets, 'walkways, and alleys shall be designated and identified
by bearings and dimensions All street names shall be shown
7 2 7 8 - All easements -that, are, not parallel to/a lot line shall be designated
and identified by bearings and dimensions
7 2 7 9 The location of easements along lot lines for water, sewer, electric,.,
gas, telephone; and ,any- other' utilities within the proposed subdivision Utility
easements shall,be,designed to meet this Ordinance requirements
7 2 7 10 A utility service statement -block shall appear on the final plat map
The block shall identify each utility company, special district,, or municipality-'
intended to provide service to the proposed subdivision' The block shall include
7 2 7 10 1 The neme of each utility service, company
7 2 7 10 2 A dated signature and statement , from the -
representative -of the utility company indicating -one of the following-
' , - 7 2 7 10 2 1 Service is available
7 2 7 10 2 2 Service is available, subject to the
following specific conditions
7 2 7 10 2,3 Service is not available for the proposed -
subdivision
7 2 7 11 All' land -within the boundaries of the subdivision shall be accounted -
for either as lots, easements, rights -of -way, private street, alley, walkway, trail, or -
- public area
- 43 Ordinance 1,730
7 2 7 12 If a final plat is revised, a copy of the original final plat shall be
provided -for comparison purposes - ✓
7 2 7 13 The final plat or resubdivision plat shall contain the following
certificates and seals Provision shall be made for all seals to be placed
approximately 2 inches from the final plat border
7 27 13 1 Certificate of Dedication, Ownership, and Maintenance
Know all men by those present that being the Owner(s),
Mortgagee or Lienholder of certain lands in Weld County, Colorado,
described as follows Beginning ,
containing acres, more or less, have by these presents laid out,
platted, and subdivided the same into lots and blocks, as shown on this plat,
under the name and style of - and do hereby dedicate to the
Board of County Commissioners, public, school district, owners and future
owners of this subdivision all ways, public rights -of -way, easements, parks
and open'space, and other public rights -of -way and easements for purposes
shown hereon
Executed this day of AD, 19 _
(Owner, Mortgagee, or Lienholder)
State of Colorado
ss
County of Weld
The foregoing dedication was acknowledged before me this day of
,19
My commission expires
Notary Public
Witness my hand and seal
44 Ordinance 173C
7 2 7 13 2 Surveying Certificate
, a Registered Professional Land
Surveyor in the State of Colorado do hereby certify that the survey
represented by this plat was made under my personal supervision and
checking I further certify that the survey and this plat complies with all
applicable rules, regulations, and laws of the State of Colorado, State Board
of Registration For Professional Engineers and Professional Land
Surveyors, and Weld County
By
Registered Land Surveyor Date
7 2 7 13 3 Certificate of Approval by the County Commissioners
This plat is approved by the Board of County Commissioners of Weld
County, State of Colorado Approval of this plat does not constitute
acceptance of any dedication
Witness my hand and the corporate seal of Weld County this day of
AD,19_
Chairman, Board of County Commissioners
ATTEST
Weld County Clerk to the Board
By Dated
Deputy Clerk to the Board
7 2 8 A final plat drainage report shall be prepared in compliance with Section 10 12 and
10 13 of this Ordinance
7 2 9 The following final plat supporting documents shall be submitted as part of a final
plat application
7 2 9 1 An erosion control plan, if required as a result of a preliminary plan
requirement
7 2‘9 2 - Subdivision road plans prepared by a professional engineer licensed
to do work in the State of Colorado The road plans -shall be dated and bear the
signature and seal of the engineer The road plans shall include the
following minimum data
7 2 9 2 1 Plans and profiles (to suitable scale) of all roads to be
improved
L
45 Ordinance 173C
1
73
7 2 9 2 2 Typical cross _section (to suitable scale) of roads,
culverts, and bridges, if applicable' -
_ 7 2 9 2 3 Typical road section, including pavement design
supported by soil reports, test, results, and computations
7 2 9 2 4 Typical or specific details of road intersections and cul-
de-sacs
7 2 9 2'5 -_, A complete estimate of costs shall accompany the road
plan
7 2 9 2 6 All - road , plan information _shall be complete 'and , -
sufficient for review by the County Engineer
7 2 10 - A certificate from the County Treasurer showing no delinquent taxes forthe final
plat area -
7 2 11 'A title commitment or aytitle opinion covering -all public dedications
7 2 12 A warranty deed, if required, deeding to the appropriate entity any lands to be
used for -the benefit of the public or owners and future owners of this subdivision
Final plat processing and review procedure
7 3 1 _ 'If the final plat application complies with the approved preliminary plan application,
the planner shall notify the Clerk to the Board to schedule a Board hearing date hot more
than) forty-five (45) days -after a complete application has been submitted If the final plat
application does not comply with the preliminary plan application, the planner may refer the
application to the appropriate referral agency and notify the Clerk to -the Board to schedule -
a Board hearing date not more than sixty (60) days after the complete application has been >
submitted _
7 3 2 ' The Clerk to the' Board'shall give notice of the application for a final plat and the '-
Board's public hearing date to thole persons listed in the application as owners of property
located within five -hundred (500) feet of the parcel under consideration The notification
shall be mailed first class 'not less than ten X10) days before the scheduled public hearing
7 3 3 The Clerk to the Board shall give notice of the application -for a final plat'and the
.Board's public hearing date to those persons listed in -the application'as owners and lessees
of the mineral estate on or under the parcel under consideration The notification shall be -
mailedfirst class not less than,ten (10) days before the scheduled public hearing ,
46 _ Ordinance 173C
LI
J
L'
7'3 4 The planner shall post a sign on. the property under consideration of a major
subdivision final plat_ The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way In the:event the property under consideration is not adjacent
to a publicly maintained road right-of-way one sign -shall be posted"m the most prominent
place on the property and a second sign shall be posted where a driveway (access drive)
intersects a publicly maintained road right-of-way The Department of Planning_Services
Shall -certify that the -sign has been posted for the ten (10) days preceding the hearing date
Each sign shall show the following information ,--
3 4 1 The assigned final plat application number
7 3 4 2 = The date, time, and place of the public hearing
7 3 4 3 The phone and location of the Department of Planning Services _
7 3 4 4 - The applicant's name
7 3 4 5 'The -acreage of the parcel under consideration
7 3 4-6 The type of request
7 3 5, The' Clerk to the Board shall arrange for legal notice of the Board hearing
published in the newspaper designated by the Board for_ publication of notices ' The date _ ,
of publication shall be at least ten (10) days prior to the hearing -
7 3 6 The planner shall prepare_comments for use by the Board addressing all aspects -
of the application including the following
- 7 3 6 1 That -the proposed subdivision is located within an Urban Growth
Boundary — area_ as defined and adopted in any approved intergovernmental
agreement(s), or as defined in the Weld County_ Comprehensive Plan
7 3^6 2' Compliance with the Weld County Comprehensive Plan and the zone ! -
district in which the proposed subdivision is located '
7 3 6 3 That , comments received -from referral agencies have been
- addressed, ifapplicable
7 3 6 4 That definite provision has been made for- a water supply that is
sufficientin terms of quantity, dependability, and quality to provide water for the
subdivision including fire protection
7 3 6 5 That, if a public sewage disposal system is proposed, provision has
been made for the system and, if other methods of sewage disposal are
proposed, evidence that such systems will comply with state and local laws and
regulations which are in effect at the time of submission of the subdivision'
ELI
47
Ordinance 173C
7 3 6 6 That streets within the subdivision are adequate in functional
classification, Width, and structural capacity to meet the traffic requirements of
the subdivision
7 3 6 7 That off -site street or highway facilities providing access to the
subdivision are adequate in functional classification, width, and structural capacity
to meet the traffic requirements of the subdivision in accordance with the
requirements set forth in Section 10 of this Ordinance
7 3 6 8 t That facilities providing drainage and stormwater management are
adequate
7 3 6 9 The subdivision will not cause an unreasonable burden on the ability
of local governments or districts to provide fire and police protection, hospital,
solid waste disposal, and other services
7 3 6 10 The subdivision will not cause air pollution violations based on
Colorado Department of Public Health and Environment standards
7 3 6 11 The subdivision conforms to the subdivision design standards of
Section 10 of this Ordinance
7 3 6 12 The subdivision will not have an undue adverse effect on wildlife, its
habitat, the_ preservation of prime agricultural land, and historical sites
7 3 7 The Board shall hold a public hearing to consider the application and to take final
action thereon In making a decision on the final plat application, the Board shall consider
the recommendation of the Department of Planning Services, the facts presented at the
public hearing, and the information contained in the official record, including the planner's
case file
7 3 7 1 The applicant has the burden of proof to show that the standards of
Section 7 3 7 1 1 through 7 3 7 1 12 of this Ordinance are met The applicant shall
demonstrate
7 3 7 1 1 That the proposed subdivision is located within an
Urban Growth Boundary area as defined and adopted in any
approved intergovernmental agreement(s), or as defined in the Weld
County Comprehensive Plan
7 3 7 1 2 Compliance with the Weld County Comprehensive Plan
and the zone district in which the proposed subdivision is located
7 3 7 1 3 That comments received from referral agencies have
been addressed, if applicable
7 3 7 1 4 That definite provision has- been made for a water
supply that is sufficient in terms of quantrty, dependability and quality
to provide water for the subdivision including fire protection
48 Ordinance 173C
_)
1
n
n
n
i
_ 7 3 7 1 5 That, if a public sewage disposal system is proposed,
provision has been made for the system and, if other methods of
sewage disposal are proposed, evidence that such systems will
comply with state and local laws and regulations which are in effect
at the time of submission of the subdivision -
7 3 7 1 6 That streets within the subdivision are adequate in
functional classification, width, and structural capacity to meet the
traffic requirements of the proposed subdivision
7 3 7 1 7 That off -site street or highway facilities providing access
to the proposed subdivision are adequate in functional classification,
width, and structural capacity to meet the traffic requirements of the
proposed subdivision
7 3 7 1 8 That facilities providing drainage and stormwater
management are adequate
7 3 7 1 9 The subdivision will not cause an unreasonable burden
on the ability of local governments or districts to provide fire and
police protection, hospital, solid waste disposal, and other services
7 3 7 1 10 The subdivision will not cause air pollution violations
based on Colorado Department of Public Health and Environment
standards
7 3 7 1 11 The proposed subdivision conforms to the subdivision
design standards of Section 10 of this Ordinance
7 3 7 1 12 The subdivision will not have an undue adverse effect
on wildlife, its habitat, the preservation of prime agricultural land, and
historical, sites
7 3 8 The Board's final decision will be by resolution A record of such action and a
copy of the resolution will be kept in the files of the Clerk to the Board The planner shall
record an approved final plat and resolution with the County Clerk and Recorder
7 3 9 No final plat shall be considered approved and eligible for recording until the Board
has approved a subdivision improvements agreement
714 The Board may, without a hearing or compliance with any of the submission, referral, or
review requirements of this Ordinance, approve a correction plat if the sole purpose of such
correction plat is to correct one or more technical errors in an approved plat The correction plat
shall be consistent with the approved final plat Section 7 of this Ordinance shall be followed when
proposing other changes to a recorded final plat
49 Ordinance 173C
SECTION 8- RESUBDIVISIONS
" 8 1 The, ,resubdivision process is,, used to_ propose changes to -an approved or recorded_ -,
subdivision plat, -,map, plan, or' unincorporated community legally filed _prior to adoption of any _
regulations controlling subdivisions -The resubdivision section decides three procedures for
proposing changes to lots, lot lines, streets, areas -reserved, for public use, and utility and drainage
- easements - The minor resubdivision_process is,described in Section 8 2 of this Ordinance The._ ,
resubdivision process for changes to lot lines only,is described in Section 8 3 of this Ordinance
The resubdivision process for the purpose of redesign, addition of new lots, or vacation of all or a
portion of a subdivision is described -in -Section 8 4 of this Ordinance '-' - -
8 2 The minor resubdivision process permits the vacation of certain roads, streets,- or alleys
- A minor resubdivision proposal with complex parcel= configurations, ownership patterns, or, which
cannot comply with Section 8 2 1 ` through 8 2 3 of this Ordinance shall be;required to use The '
resubdivision yprocedure described in Section_ 8 4 of -this Ordinance r, The minor resubdivision',
process shall be used when the following conditions apply- - -
8 2 1- ,' There is,right-of--way shownon_an approved plat'or map that has'not been used
-for its ,intended purpose for the last 21 ,years or since the recording.`of the approved plat
8 2 2 ' Seventy (70) percent of the landowners adjacent to the proposed right-of-way
vacation waive any objection to the vacation by signing a petition _ ' ,
' 8 2 3 The vacation shall only be permitted when it is,compatible with the surrounding
area and uses, is consistent with efficient and orderly development, is consistent with the '
Weld County Comprehensive Plan, -and does not deprive any -parcel `of adequate access
to a public road orstreet right-of-way
- 8 2-4 The vacation of any right-of-way may require the -reservation of an easement for
- public utility or dr'ainagepurposessin order to meet the easement requirements of,Section
`10 6 of, this, Ordinance - ` r ' " ,_, -
8 2-5_ The following information shall be submitted as part of,the minor-resubdivision
application
8 2 5 1 An application form'provided by the planner
8 2 5 2 ' A certified list of the names, addresses, and the corresponding parcel
identification numbers assigned by the Weld County Assessor to the owners of
property adjacent to the road, street, or alley considered for vacation The list -
shall be compiled from the records of the WeldCounty Assessor, trtle company,
or an attorney - If the list was -assembled from the 'records, of the -Weld County
- Assessor, the -applicant shall certify the,list was"assembled within thirty(30)-days
,of the application submission date K .
8 2-5 3 _ A petition,- signed by seventy' (0)- percent of the property owners
-'adjacent to the property -under_ consideration , L
50
Ordinance 173C
- 8 2 5 4 '< _A written explanation of the application and reason for proposing the
right-of-way,vacation` ,
8 2:5 5 " A written statement explaining all `lots -and parcels adjacent to the `
proposed right-of-way vacation meet the utility. easement standards of Section
10 5 of this Ordinance
826
:8-2-5 6
Minor resubdivision map requirements
= 8 2 5 6'1- - The dimensions of the minor resubdivision map shall be
twenty-four (24) inches by thirty-six (36) inches or eighteen (18) .
inches by twenty-four (24) inches - _
'8 2 5 6 2 The minor resubdivision map shall be drawn -at a -
-suitable scale The sketch shall include the' proposed right-of-way
vacation, the resulting lot -configuration; ',the location " and
_.measurements of aft -utility easements and drainage features A_ ,
poorly,drawn or illegible sketch is'sufficient cause for its rejection
Minor resubdivision,review procedure
8 2 6 1 - 'Upon receipt of -a complete minorrresubdivision application, the
planner will schedule the, request:before the Board within 30 days In the -event '
a utility easement is affected, the' planner" shall, schedule the request on the first
available_ Utilities Coordinating Advisory Committee meeting before presenting the
request to the Board
-
8 2 6 2 The planner- shall, give notice of the application for a minor
resubdivision and the meeting date to those persons listed in the application as
' owners of property adjacent to the vacation, property under consideration The -
notice shall be mailed, first class, not lessthan ten'(10) days before the scheduled`
meeting
8-2 6 3- i - A recommendation for the_ application shall be prepared by the
planner' The recommendation ,shall-aaaress ail aspects of the _application
including its conformance to Section 8 2 1 through 8 2 4 of this Ordinance
„8 2 64 The Board shall consider all'aspects of the application, including its
conformance to Sections 8 2 1 through 8 2 4 of this Ordinance, and the
recommendation from the planner If the Board approves the request, a copy -of
'the application and sketch shall be kept on file with the Clerk to the Board The -
, Board's resolution and minor resubdivision`map-shall be -recorded in the office of
-_the, Weld County Clerk and Recorder' _
511 Ordinance 173C'
8`3 Resubdivision process for changes to lot lines only This process is not to be used for lot
line changes that create additional lots, affect existing road rights -of -way, or affect approved
subdivision drainage easements
8 3 1 The following information shall be submitted as part of the resubdivision process
for lot lines only
8 3 1 1 An application form provided by the planner
8 3 1 2 A copy of a deed or legal instrument identifying the applicant's
interest in the property under consideration If an authorized agent signs the
application for the fee owner(s), a letter granting power of attorney to the agent
from the property owner(s) shall be provided
8 3 1 3 A letter explaining the lot line revision request and how the revision
complies with the approved final plat The letter shall also address how the lot line
revision complies with the adopted rules, regulations, and Ordinances currently
in force and affecting the subdivision
8 3 1 4 A copy of the approved recorded plat showing the property under
consideration for the resubdivision
8 3 1 5 A resubdivision plat map The, resubdivision plat map shall be
prepared in accordance with Section 7 2 6 through 7 2 11 of this Ordinance,
except it shall show only the property under consideration for the resubdivision
If a utility easement is affected by a lot line revision, the easement shall be shown
on the resubdivision plat map in accordance with this Ordinance
8 3 2 Review procedures for resubdivisions, lot lines only
8 3 2 1 Upon receipt of a complete resubdivision application, the planner will
schedule the request before the Board within 30 days
8 3 2 2 In the event a utility easement is affected, the planner shall schedule
the resubdivision request on the first available Utilities Coordinating Advisory
Committee meeting before presenting the request to the Board`
8 3 2 3 The planner shall prepare a recommendation for use, by the Board
'The recommendation shall address
8 3 2 3 1 How the lot line revision complies with the approved
recorded final plat
8 3 2 3 2 How the application complies with the adopted rules,
regulations, and Ordinances currently in force and affecting the
subdivision
52 Ordinance 173C
8 3 2 4 The Board shall review -the request and -the -staff recommendation
and_make a decision on the resubdivision In' making:a decision,'the Board shall
consider if the resubdivision request complies with the approved final plat and if,
it complies to the adopted rules, regulations, and resolutions currently in force and'
affecting the subdivision If the Board determines the,request complies with the
applicable requirements, it shall endorse the,'resubdivisiorr plat as provided in
Section 7 3-8, of, this Ordinance ` -
8 4 Resubdivision-process for the purpose of redesign, addition of new lots,,or vacation of all _
or portions -of, a subdivision shall follow the submittal requirements provided in Section 7 of this '
_Ordinance The planner shall -also refer the application to appropriate referral agencies and notify _
,the Clerk to the Board to schedule a Board hearing date not more'than sixty (60) days after the
complete application -has been submitted _The resubdivision utility map and plat shall show only
the property <under consideration for the Lresubdivision If an application requirement is not
applicable to the proposed resubdivision, it may be waived by. -the planner
-8 4 1 - In addition to, the ,'requirements of Section '7 of this ,Ordinance, the following
application information shall be submitted
8-4 1'1 A resubdivision application form provided -by the planner - This
'replaces the final plat, application form
8 4 1 2 A letter -explaining the resubdivision request _ The letter -shall explain
how the proposed resubdivisioncomplies with the approved final plat _ The letter
shall also explain how the -resubdivision complies with 'the adopted- rules,
regulations, and Ordinances currently in force and affecting the subdivision
8 4 13 A copy of the -recorded -final plat
8 4 1'4- All public- easements or rights -of -way proposed<to be vacated shall
be ,identified and shown in hatch line form, ' on the resubdivisiontplat to be
recorded ,A.legal description shall also be provided for any public easement or
,right-of-way not parallel to a lot line
8 4 2 A resubdivisionapplication shall be processed and reviewed by the planner and
Board in accordance with Sections 7 3 through 7 4 of this Ordinance
8 4 3 No lot or,parcel shall be created that is less than the,minimum lot size standards
set forth ,in Section 10 5 of this Ordinance - , _
8 4-4 Drainage easements or rights -of -way designed to accept, drainage shall -not be
changed unless supported by,,a, drainage plan and complete, engineering -data for the
affected subdivision, , ` - , " ,
8 5 The Board may, without a hearing'or-- compliance with` any of the submission, referral, or
review requirements of this Ordinance, approve`a correction plat rf the sole purpose of such_
correction plat ii to correct one or more technical errors in an approved plat -`The correction plat
shall be‘consistent with,the approved resubdivision' plat
53
Ordinance 173C
SECTION 9 CONFORMANCE WITH EXISTING COUNTY LAND USE REGULATIONS
9 1' Land -being subdivided shall conform with the Comprehensive Plan, Zoning Ordinance, and
'_other Ordinances, resolutions, and regulations ,in effect in the -County- All plans of streets or
highways for public use, and all plans, plats, plots,. and replats 'of land laid out in subdivision or -
building lots, ,and the streets, highways, alleys, or other portions of the ,same intended to be
=dedicated to public use or the use of; purchasers or -owners of Jots fronting thereon or adjacent
thereto, shall be-submitted-Xo the proper Board for review andsubsequent approval, conditional
approval,' or disapproval " _
9 2 Acceptance of dedication -of proposed streets, street rights -of -way, -or, public -land in an
-approved plat, can be made_only-by the Board The approval of a plat -shall -not be deemed as
acceptance of dedicated streets or public, lands for Maintenance The dedication of any,` of these
lands for public use ofany-nature within Weld County, shall be accepted by the Board only by,
,specific action -
9 3 _ The Board shall have,the power to bring an action to enjoin any subdivider from selling,
agreeing to sell, or offering to sell subdivided land before a Final Plat for -such subdivided land has
been approved by the Board as provided in _Section 30-28-110(4), qRs ,
9,4, The subdivider,,, applicant, or owner shall submit a subdivision improvements agreement
agreeing to.construct the required improvements as shown in the application, plans, plat, and other
supporting documents The agreement shall be made in conformance with the Weld County policy
'On -collateral for improvements The agreement shall be approved by the Board prior to recording
the'final plat or resubdivision plat, if applicable
9 5 - = If the subdivision is located in a planned drainage basin pursuant with Section 30-28-
106(3)(d), CRS, thee -subdivider,, applicant, or owner may be responsible for an equitable
contnbution'of the total costs of the,drainage basin facilities The contribution of a subdivision may
be calculated on a per,acre basis and' secured in accordance with the Weld County Policy on
;Collateral for Improvements
l?
54 Ordinance 173C'
SECTION'10 DESIGN STANDARDS
10 1 All subdivisions, except minor subdivisions,"approved by -the Board shall comply with the
following standards -
10 1 1, General Standards
10 1 1,1 The design and[development of subdivisions shall preserve, insofar
as it is -possible, the natural" terrain,; solar access, views, natural drainage, existing
topsoil,- and trees . _ ,
10 1 1 2 Land subject to hazardous conditions such as landslides, mud flows,
rockfalls, snowdrifts, possible mine, subsidence, shallow water table, 'open_
quarries, floods, and polluted or nonpotable water supply shall be identified and'
shall not 'be subdivided until the hazards have been eliminated or- will be
eliminated by theeubdivision_and construction,p►ans -
10 1 1 3 Provision 'shall be made --to preserve groves of trees, streams,
unusually attractivetopography, and other desirable natural landscape features
,
10 1 1,4 A subdivisiomshall be designed m such manner as to' be coordinated
with adjoining ,subdivisions with =respect to -the alignment of street tights -of -way,
utility and drainage easements, and open spaces -
10 1 1,5 All subdivision designs shall be certified by a registered professional
engineer licensed'in the State of Colorado
—10 2 Streets
10 2 1, All streets within major subdivisions and planned unit developments, will `be paved
in accordance with the, following standards ,
I0 2 1-1 Y . Street Plan --The"arrangement,rextent, width,'type, and location of
all streets shall be designed,in relation to existing or planned streets, topographic
conditions, `public convenience_ and safety, and i'n-relation to the proposed use of
land to be served Streets -shall be extended to`the boundaries of each building
site, except where such extension is prevented by topography, -other physical
,`conditions, or where the` connection of_ streets with -existing or probable_ future_
streets is -deemed unnecessary for the advantageous development of adjacent _
properties = All budding -sites shall have access,to a public street
;10 2,1 2 - Through Traffic -- A local street shall,be arranged so -that its use by,
through traffic'will be°discouraged -
10 2 1 3 Stub Streets -- Not more than six'(6)_lots shall'front on a stub street_—
except- where a "temporary cul-de-sac has been designed according to Weld'
County regulations
55
Ordinance 173C
-10 2 1 4 ` Intersections -- A"local street shall 'not intersect an arterial street A -`
collector, street shall,not intersect an' arterial street_at intervals of less than 1320 -
feet (1/4 mile); An interval may vary_due to parcel Size'limitations and -would be
,subject to approval, by the Board _ ,
10 2 -1 5 - Alleys -- Service access to the interior, of blocks may --be permitted
upon approval of the Board
10 2 1'6 Driveways --_Driveways shall not be permitted to have direct access
to artenal,streets"
10 2,1 7 County Slreets shall have the following minimum right-of-way widths
10 2-1 8
width
10 2 1 7 1.,t= Local -
10 2 1 7 2 ' Collector
10 2 1 7 3' Arterial
60 feet -
80 feet
100 feet
County Streets shall have the following minimum lane and shoulder
10 2 1 8 1 - Street
Lane Width
Shoulder Width
10 2,1 8 2 , Local '10 feet to 11 feet_ " -4 feet',
10 2 1 8 3 Collector 12 feet, 6 feet,
10 2 1 8 4 Arterial 12 feet 8 feet
10 2 1 9 ' Lane and -shoulder widths for an arterial street with an average daily
traffic count,greater than 1,250 vehicles -is determined on an individual project _
basis -
10 2 1 10 Improvements to the state highway system are determined by the
Colorado- Department of Transportation
10 2 1 11' Half -Streets -- Half -streets shall not,be permitted, except for the
following
-„ 10 2 111'1- A half -street is required to complete a half -street
- already in existence
10 2 1 1142- The subdivider obtains forthe County a dedication from ,
- the abutting, landowner of the other one-half of the street ,
56 Ordinance 173C
10 2 1'11 3 The subdivider obtains from the abutting landowner,
municipality,, or County, an agreement in a form satisfactory to the
Board which guarantees the cost of the improvements and
construction of the same on the half street within a time suitable to -
the Board ,
102 1 11 4 The subdivider guarantees the construction of the
improvements on the half -street serving the subdivision
10 2 1 12 Dead-end Streets (not cul-de-sacs) -- Dead-end streets shall not be
permitted 1 -
10 2 1 13` Cul-de-sac Streets -- Permanent cul-de-sac streets serving no more
than twenty -(20) lots may be permitted and must{ be provided with a right-of-way
turnaround of sixty-five (65) feet radius or More and the outside curb -or pavement
edge radius must be fifty (50) feet or more
10 2.1 14 Number of Streets at Intersection -- No more than two`streets shall
intersect at one point
_10 2 1 15 Angle of Street Intersections -- Streets shall intersect at ninety (90)
degrees, -except where this may be impractical Angles of less than ninety (90)
,degrees may be designed, subject to the approval of the Board -
10 2 1 16 Centerlines of Intersection -- Two streets meeting a third street from
`opposite sides shall meet at the same point, or the centerline of the third shall be
offset 'at least three hundred (300) feet and subject -to approval of the Board This
, requirement shall not apply to the alignment of opposing cul-de-sac streets
10 2 2- Street -names -- Streets shall have'the names of existing streets which are in
alignment in the county or in an adjoining county Cr municipality There shall be no
duplication of street names within.the area _
10 2 3 - Geometric Design Standards -- Geometric design for,streets androads shall be
in accordance with A Policy on the Geometric Design of Highways and Streets published
by the American Association of State Highway and Transportation Officials Specifications,
standards, or design-cntena published by other governmental agencies, professional
organizations, or generally accepted authoritative source may be used in geornetric
design All specifications, standards, or design criteria shall be referenced and copied as
part of the submittal information - - -
10 2 4 Road Structure -- Structural capacity shall be designed in accordance with the
Guide -for Design of Pavement Structures published by the American Association of State
Highway and Transportation 'Officials :;Specifications, standards,' or design criteria
published by other governmental agencies,- professional organizations, or -generally
accepted authoritativesource may -be used in design All specifications, standards, or
design criteria shall be referenced and copied as'part of the submittal information -
57 Ordinance 173C
10 2 5 ' Design Traffic Information -- Traffic count information and projections for use in
geometric and road design shall be in accordance with the Trip Generation Manual
published by the Institute of Transportation 'Engineers
10 2 6 Frontage of Arterial Streets -- A subdivision that adjoins or contains an existing or
proposed arterial street identified in the Comprehensive Plan may be required to provide
service roads
10 2 7 Railroad Right -of -Way -- Where a subdivision borders a railroad right-of-way,
arterial, or collector street, a landscaped buffer area of not less than twenty (20) feet may
be required for adequate reduction of noise pollution
10 3 Sidewalks, Curbs, and Gutters -- Sidewalks shall be constructed within a subdivision where
required by the Board Sidewalks shall be a minimum four (4) feet in width Curbs and gutters
shall be constructed as required by resolution of the Board
10 3 1 Where blocks or lots exceed one thousand (1000) feet in length, pedestrian rights -
of -way of not less than ten (10) feet in width shall be provided through blocks or lots where
needed for adequate pedestrian circulation Improvedmalks of not less than four (4) feet
in width shall be placed within the pedestrian rights -of -way
10 4 Block Standard The length, width and shape of a block shall be determined with due
regard to the following
10 4 1 Provision of adequate building sites suitable to the special needs of the type of use
contemplated
10 4 2 Requirements of the Zoning Ordinance as to lot sizes and dimensions
10 4 3 Need for convenient access, control, and safety of vehicular and pedestrian traffic
circulation
10 4 4 , Limitations and opportunities of topography
10 4 5 Maximum block length between intersecting streets shall be 1,500 feet, unless
waived by the Board
10 5 Lot Size Standards
10 5 1 All buildable lots within a subdivision shall meet the minimum regulations
established by Weld County, the State of Colorado, and the Federal Government
10 5 2 Depth and width of properties designed for commercial and industrial purposes
shall be a adequate to provide for off-street parking, landscaping, screening, and loading
areas when required by the type of use and underlying zone district
10 5 3 The minimum area and dimensions of all lots shall conform to the requirements -
of the applicable zone district
58 Ordinance 173C
10 5 4 No single lot shall be divided by a municipal or county boundary line -
10 5 5 A lot shall not be divided by a road, alley, or other lot
-10 5 6 Each lot shall be provided with an adequate access to an existing public street
10 5 7 Corner, lots _shall accdmmodate' the required building setback for both street
frontages
10 5 8 Lots shall not be less than thirty (30) feet in width at the front property lines
10 5 9 Double frontage and reverse frontage lots,shall not be permitted except where
essential to provide, separation of residential properties from arterial streets or commercial
uses -
10 5 10 A flag lot configuration shall be avoided when possible The minimum width of a -
flag`lotrappendage'shall be thirty (30) feet f -
10 6 Easement Standards
10 6 1 Easements shall follow rear and side lot lines whenever practical and shall have
a minimum total width of twenty (20) feet apportioned equally on abutting properties
10 6 2 Where front line easements are required, a minimum of fifteen (15) feet shall be
allocated as a utility easement
10 6 3 Easements shall be designed to provide -efficient installation of utilities Special
' guying easements at corners may be required Public utility installations shall be -located __
to permit multiple installations within -the easements to avoid cross connections, minimize -
trenching, and adequately separate incompatible systems
10 7 Sanitary Sewage Disposal Requirements
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10 7 1 The proposed subdivision shall comply with the sanitary sewage disposal,
requirements of the underlying zone district Plans for the proposed subdivision shall be
referred to the Weld County Health Department for review , The Health Department may
require the applicant to submit additional engineering or geological reports or data and to
conduct a study of the:economic feasibility of the sewage treatment works prior to making
a recommendation " No sewage disposal system plan shall receive the approval of the
_ Board unless the Health Department has made a favorable recommendation Appeal of
an unfavorable Health Department- recommendation shall be in accordance with the
procedures set out- in Section 3 VI of the Weld County Individual Sewage Disposal
Regulations -
10 8 Water Supply -, Water supply systems shall be provided consistent with the standards of
the requirements of this Ordinance and the -underlying zone district _
59
Ordinance 173C
10 8 1 Public Water Supply Systems
10 8 1 1 Where a central water supply system is provided through a
municipality, a water district, water company or association, the applicant must
furnish evidence of an adequate water supply and ability to serve the subdivision
If a new off -site water supply system is proposed, the applicant shall provide a
certified letter from the State Engineer stating that proper water rights have been
acquired, or a proper nontributary source is reasonably available for the future
use, prior to approval of the subdivision
10 8 1 3 The central water supply system shall contain mains and outlets of
sufficient size and number to furnish an adequate water supply for each lot in the
subdivision
10 8 2 On -site Water Systems
10 8 2 1 -Where individual on -lot water supply systems are proposed for the
subdivision, the subdivider shall install such facilities, or shall require by deed
restriction or otherwise as a condition of the sale of each lot that the facilities be
installed by the purchaser of said lot at the time the principal building is
constructed
'10 8 2 2 Where water supply systems are proposed for individual lots, a
geologic report shall be submitted and shall contain a specific section on ground
water geology prepared by a qualified ground water geologist or engineer stating'
the following
10 8 2 2 1 The probability of success of wells or on -site supply
systems throughout the proposed subdivision
10 8 2 2 2 The expected long-term yield of such wells or systems
10 8 2 2 3 Compliance with Colorado Revised Statutes
10 8 2 2 4 The expected depth to usable water
10 8 2 2 5 The expected quality of the anticipated water
10 8 2 2 6 Any expected significant problems of a long-term
supply, , including but not limited to, pollution or long-term
maintenance of such wells or systems
10 8 2 2 7 The anticipated cumulative effect of such water use on
other vested water rights in the area
10 8 2 2 8 The report shall include such other information as
required by the planner, Planning Commission, or Board
60 Ordinance 173C
10 9 Fire Safety Requirements
10 9 1 The proposed subdivision application shall be referred to the applicable fire district
for review and recommendation regarding minimum fire protection requirements The
planner, Planning Commission, and Board shall consider the recommendation of the fire
district
10 10 Irrigation Ditch Requirements
10 10 1 An existing irrigation ditch may be incorporated within the design of the proposed
subdivision The function of the irrigation ditch shall not be impaired The proposed
subdivision application shall be referred to the applicable ditch company for review and
recommendation regarding minimum requirements for protecting the ditch The planner,
Planning Commission, and Board shall consider the recommendation of the ditch company
10 11 Sketch Plan Storm Drainage Requirements
10 11 1 A sketch plan drainage report shall be submitted with the sketch plan application
submittal The sketch plan drainage report shall be prepared by a registered professional
engineer licensed in Colorado The report shall be properly certified and signed by such
engineer
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10 11 Z The purpose of the sketch plan drainage report is to identify and define conceptual
solutions to existing problems or problems that will occur on -site and off -site as a result of
the proposed subdivision
10 11 3 The sketch plan drainage report shall be in accordance with the following outline
and contain the applicable information listed Failure to comply with the provisions of this
section may result in the report being rejected for review
10 11 3 1 The general legal description for the proposed subdivision shall be
described
10 11 3 2 The general location of the proposed subdivision with respect to
- adjacent public or private roads shall be described
10 11 3 3 The names of any developments within 1/2 mile surrounding the
proposed subdivision shall be described
10 11 3 4 A general description of the proposed subdivision property including
10 11 3 4 1 Area in acres
10 11 3 4 2 Ground cover (type of trees, shrubs, vegetation)
10 11 3 4 3 General topography
_10 11 3 4 4 General soil conditions
61 Ordinance 173C
10"11 3 4 5 Irrigation ditches or laterals
1011 3 4 6 Drainage ways
10 11 3 5 A general description of the drainage basin and sub -basins,
including
10 11 3 5 1 The reference of any major drainage way planning
study, such as master drainage basin planning studies, flood hazard
delineation reports, and flood insurance studies or maps, if available
10 11 3 5 2 A discussion of major basin drainage characteristics
10 11 3 5 3 Identification of all nearby irrigation ditches or laterals
which will influence or be influenced by the local drainage
10 11 3 5 4 A discussion of the historic drainage pattern of the
proposed subdivision property
_ 10 11 3 5 5 A discussion of off -site drainage flow patterns and
impact on the proposed subdivision
10 11 3 6 The drainage facility design concept and details for the proposed
subdivision, including
10 11 3 6 1 A discussion of compliance with off -site runoff
considerations
10 11 3 6 2 A discussion of anticipated and proposed drainage
patterns
10 11 3 6 3 A discussion of the content -of tables, charts, figures,
plates or drawings presented in the report
10 11 3 6 4 A presentation of existing and proposed hydrologic
conditions with approximate flow rates entering and exiting the
proposed subdivision with all necessary preliminary calculations
10_11 3 6 5 A presentation of approach to accommodate drainage
impacts or existing or proposed improvements and facilities
10 11 3 6 6 A presentation of proposed drainage facilities with
respect to alignment, material, and structure type
10 11 3 6 7 A discussion of maintenance access and any other
aspect of'the preliminary design
10 11 3 7 All criteria, master plans, and technical information used in support
of the drainage facility design concept shall be referenced
62 Ordinance 173C
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10 11 3 8 A general location map shall be provided in sufficient detail to depict
general drainage patterns and identify drainage flows entering and leaving the
proposed 'subdivision The map shall be at a scale of 1- inch equals 1000 feet to
1 inch equals 8000 feet The map shall identify any major construction (e g
development, irrigation ditches, existing detention facilities, culverts, and storm
sewers) that shall influence or be influenced by the proposed subdivision
10 11 3 9 A drainage plan map of the proposed subdivision at a scale of 1 inch
equals 20 feet to 1 inch equals 200 feet may be included to better identify existing
and proposed conditions on or adjacent to the proposed subdivision
10 12 Storm Drainage Requirements
10 12 1 The purpose of the drainage report is to update the concepts and to present the
design details for the drainage facilities presented in the sketch plan drainage report
10 12 1 1 The drainage report shall be submitted with the preliminary plan and
final plat application submittals The drainage report shall be prepared by a
registered professional engineer licensed in Colorado The report shall be properly
certified and signed by such engineer
10 12 1 2 The drainage report shall contain all components of the sketch plan
drainage report plus additional necessary information relating to design of specific
facilities associated with the proposed subdivision Such additional information
shall include the following 1
10 12 1 2 1 All criteria, master plans, and technical information
used for report preparation and design shall be referenced
10 12 1 2 2 A discussion of previous drainage studies (i e,, sketch
plan drainage report, project master plans) for the proposed
subdivision in question that influence or are influenced by the
drainage design and how the previous studies will affect drainage
design for the site
10 12 1 2 3 A discussion of the drainage impact of site constraints
such as streets, utilities, proposed and existing structures
10 12 1 2 4 Hydrologic criteria for identification of design rainfall
runoff calculation method, design storm recurrence intervals, and
detention discharge and storage calculation method
10-12 2 The drainage facility design concept and details for the proposed resubdivision,
including
10 12 2 1 A discussion of proposed drainage patterns
10 12 2 2 A discussion of compliance with off -site runoff consideration
63 Ordinance 173C
10 12 2 3 A discussion of the content of tables, charts, figures, plats, or
drawings presented in the report
10 12 2 4 A discussion of detention storage and outlet design when applicable
10 12 2 5 A presentation of an accurate, complete, current estimate of cost of
proposed facilities
10 12 3 A general _location map shall be provided in sufficient detail to depict general
drainage patterns and identify drainage flows entering and leaving the proposed
subdivision The map scale shall be 1 inch equals 1000 feet to 1 inch equals 8000 feet
The map shall identify any major construction (e g , development, irrigation ditches, existing
detention facilities, culverts, and storm sewers) that shall influence or be influenced by the
proposed subdivision
10 12 4 A drainage plan map of the proposed subdivision at a scale from one inch equals
20 feet to one inch equals 200 feet shall be included The drainage plan map shall show
the following
10 12 4 1 Existing and proposed contours at two (2) feet maximum intervals
For subdivisions involving lots greater than 1 0 acre, the maximum contour
interval shall be five (5) feet In terrain where the slope exceeds fifteen percent
(15%), the maximum interval is ten (10) feet
10 12 4 2 Property lines and easements with purposes noted
10 12 4 3 Streets
10 12 4 4 Existing drainage facilities and structures, including irrigation ditches,
roadside ditches, drainage ways, gutter flow directions, and culverts ,All pertinent
information such as material, size, shape, slope, and locations shall also be
included
10 12 4 5 Overall drainage area boundary and drainage sub -area boundaries
relating to the proposed subdivision
10 12 4 6 Proposed type of street flow (i e , vertical or ramp curb and gutter),
roadside ditch, gutter flow directions, and cross pans
10 12 4 7 Proposed storm sewer and open drainage ways, including inlets,
manholes, culverts, and other appurtenances
10 12 4 8 Proposed, outfall point for runoff from the developed area and
facilities to convey flows to the final outfall point without damage to downstream
properties
10 12 4 9 Routing and accumulation of flows at various critical points for all
storm runoff associated with the proposed subdivision
64 Ordinance 173C
10 12 4 10 Path(s) chosen for computation of time concentration
10 12 4 11 Details of detention storage facilities and outlet works
10 12 4 12 Location and elevation of all defined floodplains affecting the
proposed subdivision
10 12 4 13 The location of all existing and proposed utilities affected by or
affecting the drainage design
10 13 Storm Drainage Design and Technical Criteria
10 13 1 The engineer is to use published material by a generally accepted authority
approved by the Weld County Engineer The material used must be referenced and copied
as part of the submittal information Weld County does not publish technical data or storm
drainage design manuals
10 13 2 All subdivision plats shall include an adequate storm drainage system design
before any such plat is recorded
10 13 3 The design and operation of a proposed subdivision shall ensure the following
10 13 3 1 Historical flow patterns and runoff amounts will be maintained in such r
a manner that will reasonably preserve the natural character of the area and
prevent property damage of the type generally attributed to runoff rate and
velocity increases, diversions, concentration and/or unplanned ponding of storm
runoff
10 13 3 2 Runoff volumes and peaks within the proposed subdivision site and
in areas affected by runoff will not exceed the runoff levels attributable to the site
in its natural state
10 13 3 3 The development will not impede the flow of natural water courses
10 13 3 4 All low points within the proposed subdivision site are ensured
adequate drainage
10 13 3 5 Any drainage system proposed as part of any subdivision proposal
is based on consideration of the drainage basin as a whole and is capable of "
accommodating not only runoff from the proposed development, but also, where
applicable, the runoff from areas adjacent to and "upstream" from the subdivision
proposal
10 13 3 6 Provision exists in the design or operation of any proposed drainage
facilities to ensure suitable provisions for maintenance Weld County does not
maintain drainage facilities
65 Ordinance 173C
10 13 3 7, - Where a subdivision proposal will cause the introduction of new
pollutants'into the runoff'water, provision will'be made for the storage, treatment,
and removal of such-ipollutants , ; J
10 13 4 The storm frequencies to be used -in the design of storm drainage systems shall
be obtained from the Design Storm Frequency -Table listed below
10,1314 1 -Design Storm Frequencies
Land use
Residential
Open Space
Commercial
- Public Buildings
Industrial
Road CrossingeConducting Drainage
-Local Road
Collector Road
Arterial Road
Design Storm Period -
5 years
,5'years _
' 10` years 2
10 years
10 years
1,0 years
25 years
,50 years
Natural Drainage 25 -years
910 13 4 2=, Storm drainage facilities designed in accordance withtthe above
design storm frequencies will be',flooded_ in the event of storms exceeding the
return periods shown In no case shall a 100 -year design storm frequency cause
inundation to any structure or pose a hazard
10 13 43 All storm water_detention facilities shall be designed_ to detain the
storm water runoff from the fully developed subdivision from a 100 -year storm and
release the detained water at a quantity-andratenot to exceed the quantity and -
rate of a -5 -year storm -falling on the undeveloped site' -
10 14- Airport Overlay District Requirements If a,subdivision or portion of at proposed subdivision
is,located in an airport overlay district area, all,applicable regulations of the Weld County Zoning,
Ordinance shall be met x _
10 15 Flood Hazard Overlay District Requirements - If a subdivision -or portion of a proposed -
subdivision>is located in a flood -hazard' overlay'districtarea, all`applicable regulations of the Weld _
County Zoning Ordinance shall be met
101`62 Geologic Hazard Overlay District' Requirements If a subdivision or portion of a proposed
subdivision,is located in argeologic hazard over*/ district area, all applicable regulations of the
`,Weld County Zoning Ordinance shall be met
66 Ordinance 173C
-10 17 Planned Unit Development Overlay District Requirements If a subdivision or portion of a'
proposed subdivision is located in a planned unit development overlay distract area, all applicable
'regulations of the Weld County Zoning Ordinance shall be met
1'0 18 Public Sites and Open Spaces
- ,_10 18 1 The Board ftCounty,-Co ., 'o mmissioners may require, the dedication,, development,
_or -reservation of_parcelsswithin a subdivision or PUD plan for parks, greenbelts, or other
necessary 'public_ purposes The type of use, lot size, and residential density shall be -
i considered -when determining parcels for necessary public purposes - ,
10 18 1 1 the required acreage asdmay be,determrried according lo Section-
` 10-18 ,of,,this Ordinance, shall be dedicated to, a public agency for one or more -
_ , essential public' purposes_ Any area -so dedicated shall be approved by the proper
'public agency and shall be maintained by the public agency - '
10 18 1 2 The'required acreage as determined according_to Section 10 18 of
this Ordinance may reserved through deed restrictions, as open area, the --
,maintenance of,which shall be ensured by specific obligations in the deed of each
lot within the subdivision
10 18 1 3 In lieu of land, there may be required a payment to the County in an,
amount equal to the market value of the required acreage at, the time of final plat
',submission of the required acreage`as determined according to -Section 10 18 of
this -Ordinance Such value shall be determined by a competent land appraiser
chosen jointly by the Board and'the subdivider ,The amount collected' shall be
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deposited in an escrow account to be expended for parks at a later date',
10 18 1 4_ The amount of land that may be required for public dedication,
reservation, or as a, measure of money to be, paid in lieu of such dedication or
reservation, shall be determined as follows _ 4
1`0 18 1 4 1, For residential subdivisions, the required acreage shall equal the
expected population multiplied -by 10 5 and divided by 1000
10 18 1 4 2 'Expected -population shall be determined by multiplying the total
number of `units proposed for the =subdivision by ,the - average number- of
'inhabitants per unit in -existing subdivisions of a similar character or by using U S
_ Census, population per -household statistics'
10 19 -School Distnct_,Requirements -- A residential subdivision application shall be referred`to the
applicable school district for review and recommendation regarding school district requirements
The Department'of Planning Services, -Planning Commission, and Board of County Commissioners
shall conside"r the recommendation of the' school, district
10 20 _Underground Utilities
10 20 1 4 All electric and communication utility lines and services and all street lighting
circuits shallte-installedlunderground, except for the following,
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Ordinance 173C
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10 20 1 1 Transformers, switching boxes, terminal boxes, meter cabinets,
pedestals, ducts and other facilities necessarily appurtenant to such underground
and street lighting facilities
10 20 1 2 All facilities reasonably necessary to connect underground facilities
to existing or permitted overhead or aboveground facilities
10 20 1 3 Existing and -new overhead electric transmission and distribution
feeder lines and overhead communication long distance, trunk and feeder lines
10 20 1 4 It shall not be necessary to remove or replace existing utility facilities
used or useful in serving the subdivision ,
10 20 1 5 Deviations from the requirements, other than those listed above,
shall be permitted only with -the approval of the Board who shall make such
approval only in cases of extreme difficulty
68 Ordinance 173C
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SECTION 11 RULES AND REGULATIONS FOR EXEMPTIONS
11 1 Exemption from Definition of Subdivision or Subdivided Land
11 1 1 The Board hereby determines that land divisions which,meet the requirements for
exemption in Section 11 of this Ordinance are not within the purposes of Article 28 of Title
30 of'CRS as amended Pursuant to subsection (10)(d) Of 30-28-101 of CRS as amended,
such` land divisions are exempt from the definition of "subdivision" or "subdivided land" and
from following the complete regulations, requirements and procedures set -forth in these
Subdivision Regulations The land divisions shall -follow the procedures in Section 11 of this
Ordinance Exemptions approved pursuant to this Section 11- shall be' referred to as
"Recorded Exemptions" and "Subdivision Exemptions"
11 1 2 ` -Owners of land are eligible to -apply for an exemption only when at least One of the
resulting parcels would be less than thirty-five (35) acres in size
11 1 3 The Board delegates the authority and responsibility for considering and approving,
Recorded Exemptions ;to the planner through' an administrative -review process The -
planner shall approve the request for a Recorded Exemption,unless the planner finds the
applicant has not met one or more of the standards of Section 11 4 2 1 through 11 4 2 6
of this Ordinance If -the planner determines thetapplicant has` not met the standards of
Section'11 4 2 1 through 11 4 2 6 of this Ordinance, therequest will be scheduled before
the Board in a public hearing ` ThelBoard Will consider the application and take final action
on the Recorded Exemption request- - - -
Recorded Exemption
'_ 11 2 1 The recorded exemption is a subdivision process used to divide a lot, not located
in an approved subdivision, into two separate lots-, Examples 'of when a recorded
exemption application may be submitted tinclude creating a lot in the agricultural zone
district for a single_family residential building site, -separating existing improvements from
agricultural land, and creating a lot in a commercial or industrial zone-distnct for existing or
future development
11 3 Submittal -Requirements The following information shall be completed and submitted to
the Department of Planning Services as, part of the recorded exemption application "
11 3 t A recorded exemption -application form provided by the planner
11 3 2 , A copy of a,deed or legal instrument identifying, the applicant's interest in the
property under consideration
11 3 3 A certificate of conveyances form provided by the planner
11 3 4 , A water supply statement The statement will include evidence that a water supply
of sufficient quality, quantity, and dependability_will be available to serve the two proposed
lots A letter from a water district, municipality, or a well permit are examples of evidence
for domestic use" The water supply statement should also contain the type and quantity
of irrigation water available to the site, if applicable - - -
69 - - - Ordinance 173C
11 3 5' A statement` explaining that the proposed lots will have adequate means for the
disposal of sewage in compliance with the requirements of the underlying, zone district and_'
the Weld County' Health, Department
11 3 6 A description of how the°property is being used When; theparcel(s) is located in
-the agricultural,zone district, the description shall include approximate acreage of prime and
nonprirne farmland as"_defined in the Weld County Comprehensive Plan, number and types
of livestock and any'existing improvements such as the principal residence, labor home, -
mobile home,- -manufactured home, barn, - outbuildings, irrigation ditches, and oil well -
production facilities'on the',property ,
11 3 7 ,The reason -for the proposed recorded -exemption with an explanation how each
lot will be use -d
11 3 8 -A description of the location, size, and present use'of the area -where the proposed
new lot will be created -' "
11_3 9 -A statement explaining -how,theproposal is consistent with the Weld County
.Comprehensive Plan and any adopted Municipal plan, , and- any approved'intergovernmental
agreement(s),-if applicable
11 3 1(:1 A statement- explaining how the proposed, uses will be compatible with existing
surrounding land uses
11 3 11 'A statement explaining how the proposal is_consistent with the intent of the district
it is located within,as expressed in the Weld County,Zoning Ordinance
11 3 12 'A statement explaining how the a proposal is consistent with the purpose of in
Section 1 3 of this`, Ordinance - , - _
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11 3 13 A recorded exemption' sketch mac drawn at a suitable scale on a sheet of paper
8'h by 11 inches -,The sketch map shall be_ legible and include the following information_
11 3 13 1 = ` The boundary of the proposed recorded exemption property
11 3 13 2 , , :The boundariesrof the -,two lots created by the proposed recorded
exemption
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11 3 13',4 All existing_and proposed -driveways and`accesses associated -with
either lot Y _
' 11,3 13 5, The' name of any existing roads'or highways abutting the proposed ,
F recorded exemption property
11 3 13 6,- All existing structures on the proposed recorded exemption property
This includes' principal and labor homes, mobile homes,Finanufactured homes,
'outbuildings, pens, -irrigation ditches, and oil well production facilities
70 Ordinance 173C
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11 3 13 7 All easements or rights -of -way located on the proposed recorded
exemption property
11 3 13 8 All unique physical characteristics of the proposed Recorded
Exemption property including but not limited to, substantial groves of vegetation,
severe topographical conditions, substantial irrigation canals and water bodies
11 4 Duties of the Department of Planning Services
11 41 The planner shall be responsible for processing and approving recorded
exemption applications as delegated by the Board The planner shall also have the
responsibility of ensuring all application submittal requirements are met prior to initiating any
official action, Once a complete application is submitted, the planner shall
11 4 1.1 ' Send the application to referral agencies for review and comment
The agency shall respond within twenty-one (21) days after the application is
mailed The failure of any agency to respond within twenty-one (21) days may be
deemed, a favorable response All referral agency review comments are
considered recommendations to Weld County The authority and responsibility for
approval and denial of a recorded exemption application rests with Weld County
The referral agencies include
11 4 1 1 1 The Planning Commission or governing body of any
municipality or County within a three (3) mile radius of the parcel
under consideration for the proposed recorded exemption, of if the
proposed recorded exemption is within an urban growth boundary,
as defined and adopted in any approved intergovernmental
agreement(s)
11 4 1 1 2 Weld County Environmental Protection Services
11 4 1 1 3 Weld County Public Works Department
11 4 1 1 4 Colorado State Engineer, Division of Water Resources
11 4 1 1 5 Colorado Department of Transportation
11 41 1 6 Any irrigation ditch company with facilities on or
adjacent to the parcel under consideration
11 41 1 7 Any other agency or individual whose review is
considered necessary to evaluate the recorded exemption
application
11 4 2 The planner shall prepare a staff, recommendation within forty-five (45) days of
receipt of a complete application The planner's recommendation shall consider comments
received from referral agencies to determine if the application complies with Section
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71 Ordinance 173C
11 4 2 1 through 11 4 2 6 of this Ordinance The application shall demonstrate
11.4 2 1, Conformance with the Weld County,Comprehensive Plan Urban
Growth ,Boundary Goals and Policies and any, approved intergovernmental
agreement(s) when ttie recorded exemption" application is located within a
specified intergovernmental boundary area(s) -
11 4"2 2' Compatibility with existing surrounding land uses
11 4 2 3, , Consistency with the _ intent of, the' ozone district the, recorded s
exemption is located wahines expressed in the Weld County Zoning Ordinance
11'4 2 4 Consistency with the purpose of efficient -and orderly development
as expressed in Section 1=3 of this ,Ordinance
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11 4 2 5 Compliance with the recorded exemption standards ,set forth in
Section 11 8of thieOrdinance _ ;
11'4 2 6 Adequate -provision, for the protection of the health,, safety, and
welfare of the inhabitants of the neighborhood and the County_'
11 4 3 The,approval by the Department of Planning Services staff may be conditioned
or restricted to carry out the intent of Section 1 3 of this Ordinance including, but not limited_
to, designation of building envelopes,creation of conservation, easements or other legal
mechanisms to encourage -agricultural uses of the parcels and to -maintain irrigation water _
_ for,the parcels, and the utilization of existing housing stock _ Conditions of approval shall _
be met prior to recording the plat_and restrictions may be enforced by means, of notes `on `-
the plat -
Duties of the Board of:County Commissioners
11 5 1 The -Board shall hold _a, public 'hearing Jo consider the recorded exemption
application and to take final action thereon;` if the planner has determined the application
has not met the standards -of Section 11 4'2`1 through -y11 4 2 6, -of this Ordinance The
Board's decision shall- consider „the recornmendation-of the planner, referral, agency
responses, theapplication case,file, and facts presented at -the public_hearing the Board
shall approve the recorded exemption application unless it finds the applicant has not' met
==one 'or more -'of the' standards of Section'11 5 1 through 11 5 6 The applicant shall
demonstrate
11 5 1 1 Conformance with the Weld County Comprehensive -Plan Urban
Growth Boundary, Policies _and Goals and an adopted intergovernmental
agreement(s) when„ the recorded' exemption -application" is located within a _
specified Intergovernmental boundary area(s)
11 5 1 2 Compatibility with the existing surrounding land uses
72
Ordinance 173C
11 5 1 3 Consistency with the intent of the district the recorded exemption is
located within as expressed in the Weld County Zoning Ordinance
11 5 1 4 Consistency with the purpose of Section 1 3 of this Ordinance
11 5 1 5 Compliance with the recorded exemption standards set forth in
Section 11 8 of this Ordinance
11 5 1 6 Adequate provision for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and the County
11 5 2 The approval by the Board of County Commissioners may be conditioned or
restricted to carry out the intent of,Section 1 3 of this Ordinance and include, but not limited
r~� to, designation of building envelopes, creation of conservation easements or other legal
mechanisms to encourage agricultural uses of the parcels and to maintain irrigation water
for the parcels, and the utilization of existing housing stock Conditions of approval shall
be met prior to recording the plat and restrictions may be enforced by means of notes on
the plat
11 6 Recorded Exemption Resolution
11 6 1 A resolution setting forth the decision of the Board shall be drafted and signed
A record of such action and a copy of the resolution will be kept in the files of the Clerk to
the Board The Board shall also authorize the Chairman to sign the plat required in Section
11 7 of this Ordinance
L
,
11 7 Recorded Exemption Plat
11 7 1 A recorded exemption plat shall be prepared after a recorded exemption
application is approved The plat shall be submitted to the planner for recording in the
office of the Weld -County Clerk and Recorder The plat shall meet the following
requirements
11 7 1 1 The plat shall be prepared by a registered land surveyor in the State
of Colorado
11 7 1 2 The plat shall be delineated in non -fading permanent black ink on a
dimensionally stable polyester sheet such as cronar or mylar or other product of
equal quality, three millimeters or greater in thickness The size of each shall be
either eighteen inches (18") in height by twenty-four inches (24") in width or
twenty-four inches (24") in height by thirty-six inches (36") in width The mixing
of sheet sizes is prohibited No plat submitted shall contain any form of stick -on -
type material such as, but not limited to "sticky -back", adhesive film, or kroy
lettering tape The drawing shall be at sufficient scale to show all necessary
detail
73 Ordinance 173C
11 7 1 3 , A_photo mylar copy or diazo sensitized mylar-copy of the original ink
drawingimay be'submitted The material shall beat least three (3) mils or greater
,
in thickness _ r
11 7 1 4 ,The plat submitted will contain the original signatures -and seals of
all parties required to sign the plat If a photo Tyler copy or diazo 'sensitized -
mylar copy is submitted, the original signatures and seals shall be contained /,
',;thereon - . -
11.7 1 5 - ,,The plat "shall -be titled, "Recorded Exemption No The
-Department of Planning Services shall flu in me appropriate number
11 7 1-6 '",The plat and legal description shall include all contiguous land owned
by the_ applicant -or as provided -in ,accordance with Section 11 8 7 of. this
, Ordinance',
11 7 1 7 e The plat,need not show the -bearings, lengths„and curve data for any
J,1lot in excess of -35 acres, created through a recorded exemption procedure_
provided the lot can be described without completing a boundary survey Any lot
to be created through a recorded exemptionrprocedurewhich is less than 35
acres in size shall"show the bearings, lengths, and curve data of the -lot lines _If
`both lotsto,be created through a recorded exemption procedure are less than 35
acres, then the bearings, lengths, and curve data shall be shown around the
perimeter of}both lots !`A boundary survey -shall be requir`ed,around the perimeter
of both lots- A boundary-survey'shall be required for any irregular shaped lot
which does not have -a natural boundary -and -cannot be accurately_descnbed
without standards for, land surveys and plats in Title 38,; Article 51, Colorado
Revised -Statutes
11 7 1 8'` 'The plat shall include a vicinity sketch map,at a,suitable scale The
map shall,locate the recorded exemption lots with respect to adjacent roads and
other major land features,
- '11 7 1 9 , The plat shall include`an accurate drawing of the two (2) approved--
- lots The,smaller parcel'shall bedesignated "Lot A" and the larger parcel "Lot B"
'The acreage for "Lot A" and "Lot B" shall be given The acreage for "Lot A" shall
be_accurately surveyed and the drawing shall include bearings, distances, and
curve data for -all lines of "Lot A", which shall be referenced tolwo (2) public land
survey, monuments of record "Lot B" shall also be surveyed, if required by _
Section 11-71, 7 of_this Ordinance, unless it`is 35 acres or greater and the
approximate dimensions for the boundary of LotB can be given - Existing public
rights -of -way providing access to -both lots shall�be'shown
11 7-1 10 All work shall,comply with the requirements of C R'S Sections 38-
50-101, 38-51-101, 38-51-102, and'38-53-103,-and 38-53;104 - _
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Ordinance 173C
11 7 1 11 - All-work'shall comply, with the requirements of the "Bylaws And Rules
of Procedure -of the'State Board of Registration for Professional Engineers And
,Professional Land Surveyors" andthe "Rules of Professional Conduct of the State
Board of Registration for Professional Engineers and Professional Land Surveyors
- Board Policy Statements "
•
11 7 1 12' The plat shall -bear the following certifications
11 7 1 12 1 Property Owner's Certificate example
I (We), the undersigned, being the sole owners -in fee of the above described
property do hereby subdivide the same as -shown on theattached map I-
` (We) understand this, property- is located in the (fill,in the -correct zone
district) zone district and is also intended to provide.areas for the conduct ,
of other J.ises by right, accessory uses, and uses by special review`
(Signature) - _ , (Signature)
The foregoing certification was acknowledged before me this day of
- ,AD,19_ „-
My Commission Expires
Notary Public
Witness my hand and deal r .
11 7 1 12 2 Surveying Certificate example
, a Registered Professional Land Surveyor`in the State
of -Colorado, do hereby certify that this Recorded Exemption plat was'
prepared under my personal supervision, and that this plat is an accurate
representation thereof I further certify that the survey and this plat complies
with all'applicable rules; regulations, and laws of the State of Colorado,
State Board of Registration For ProfessionalEngineers And Professionals -
Land Surveyors, and'Weld County ,
Registered Land Surveyor 'Date
Colorado Registration'#
75, -
Ordinance 173C
11 7 1 12 3 'Board;of County Commissioner's'Certificate example
- This certificate is used only when the Recorded Exemption is
_approved by the Board in a public hearing
- 4 Y
This plat is accepted and approved for filing -
;Chairman, Board of County Commissioners
ATTEST
Weld County Clerk, to the Board
By
Deputy5Clerk to the Board
=Dated'
11 7-1-12 4 Department of Planning 'Services' Administrative
Review Certificate, example This certificate is %used when_ the tr
Recorded Exemption is approved by the Department of Planning
Services -
-This plat'is-accepted and approvedrfor filing
Department of -Planning Services Director
The foregoing certification was acknowledged before me this
day of - ,AD, 19=
My Commission expires
- a
- Notary Public
Witness my hand and Seal _
11 7 1 12 5= Easement Certificate example - This certificate shall be
-.used when any easement' crosses any of the proposed lots of,the -
'Recorded Exemption ` The plat shall also identify the benefitted lot
,and purpose of the easement
I (we) do °hereby dedicate, ,for the benefit of the property(ies) shown or
described hereon, easements for the purposes shown'orOescribed hereon
76,' .- }
(Signature)
Ordinance 173C
11 8 Recorded Exemption Standards A recorded exemption application shall comply with all `.
of the following ,standards ,r
11 1 -The water supply for both lots as proposed by the recorded exemption application
is adequate in terms of quality, quantity, and dependability
11 8 2 -An- adequate sewer service is available- to' serve the uses permitted on both
proposed lots' The sewer service shalrcomply with'the requirements of the applicable zone
distnct and the Weld County Health Department , _ '
11 8 3 An adequate legal,,access exists, for both proposed lots,to a public road All ,
accesses shall be in accordance with -Section 3 of the "Weld County Public Works Policies",
Ordinance No 180, as amended-
' 11 8 4 'The proposed recorded exemption will_ comply with the -,Weld County Zoning
Ordinance, Section 50, Overlay District Regulations
11 8 5 The minimum size of any lot proposed is not less than -one (1) acre, except where
smaller lot sizes,are allowed in the zone district or where exempted by the Board of County
Commissioners -
- .11 8 6 The decision -to approve a recorded exemption may be conditioned to mitigate
impacts or, address -concerns of referral agencies, Existing or -future public rights -of -way
shall be_dedicatedror reserved in conformance with the Weld County Comprehensive Plan
and any' adopted intergovernmental agreements, or master plans of affected' municipalities
11 8 7 The recorded exemption application shall include the total Contiguous - land '`
ownership, except-in_the -A-(Agricultural) district In the A- (Agricultural)' district when a'
contiguous ownership;equals at least twice the minimum lot size (160 acres), a portion of -
_ the lot -equal to -the, minimum lot size (80 acres) -may be used in the recorded exemption
application
11-8'8 , The proposed recorded'exemption is not part,of an approved recorded exemption_ -
withmthe_lastten, (10) years : ,
11 8 9 The' proposed, recorded, exemption is not part of an approved subdivision -1o(
recorded subdivisi'on'plat or unincorporated community; legally filed prior to adoption of any,
regulations controlling subdivisions
11 8 10 The proposed recorded exemption does not evade the'statement of purpose as
set forth in Section 1 3 of this Ordinance - ,', - ,
11 9 -- Recorded exemption correction
-11 9 1- The Board or planner may approve a correction toa recorded exemption The,
correction shall only address technical errors where such correction is consistent with the
approved plat and application - ,
77 Ordinance:173C
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exem'ption,' if eligible'
11'11 Subdivision Exemption
11 11 1 Intent The Subdivision Exemption is intended for the_ division of a parcel or`
interest in a parcel which does not result in the creation of a new residential or permanent
building site, -for adjustment of property lines between two contiguous -parcels, creation of
' _ lots for the purpose of financing, or for the temporary use of a parcel for public utility
facilities - ' - -
11,11 2 The Board delegates theauthonty and responsibility of considering and approving -+"
Subdivision Exemptions with an administrative review process to the planner The planner _ _
shall approve the request for -Subdivision Exemption unless_it finds that the applicant has
not -met' one or more, of ;the, standards of Section 11 15'1 1 through -11 15 1 4 of this
Ordinance - If the planner determines that the applicant has -not met the standards of -
Section11 15 1 1 through;'11 15 1 4 of this Ordinance; the request will'be scheduled before
the Board in a public -hearing The'Board will consider the application and take final action
on theSubdivision Exemption request
11 12 General
1'1 10 Amendments
11 10 1 ;Any change to a previouslyapproved recorded exemption which is not a correction
as defined -in Section 11 9 of this Ordinance, shall be processed as a _new recorded
-11 12 1 A- Subdivision Exemption shall only be applicable when at least'one-parcel
- , involved in any boundary exchange or in a temporary use location is less than 35 acres or
results in being less than 3 adre ' ,
11 12 2 When used in, conjuhctionvvith a RecordedExemption whose request is to remove
, , existing residential improvernents.from a parcel, the Subdivision Exemption maybe utilized
to request separation of additional existing residential improvements from -either of the two -
habitable _ Rec. ed Exemption parcels_ A minimum of two habitable residential ,
improvement re squired -before an existing residential improvement can be removed from
,, a parcel
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1,1 12 3- No lot which is,part of an approved subdivision plat or any map_orplan filed in the
records of the Weld county Clerk and Recorder -Prior to adoption of any regulations
_controlling subdivisions„or part:of any Minor Subdivision, shall be redivided or changed in
any manner, by the Subdivision -,Exemption procedure Such platted lots may only be -
-resubdivided or changed- byutilizing the applicable resubdivision process, r
11 12 4, Lots created for the purpose of mortgaging a; dwellm_ g unit shall -not result in the
creation of a lotto besold ,separately Upon termination of th rtgage arrangement, the
lot shall cease to exist- The lot shall not be less than on04e'i size
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'11 13 Submission Requirements The applicant shall submit the following on the form provided
78 Ordinance 173C
by,the Department of Planning services-
11 13 1 ' Name, address, _and telephone number of the fee ,owner(s) of the property
-involved
--11.13'2 ' General_legal description of the total property involved
,11 13 3 Total -acreage of the.totai property involved _
1,1 13-4 Existing land use of the total property', involved
11 13 5 Existing land_ use of the adjacent properties--
- 11_13 6 Signatures`, of the fee-owner(s)br their authorized agent
,11 13 7 The applicant shall submit the following written and4supporting information
11,13 7 1 ', kdetailed description of the request and its purpose end -benefits _,
11.13 7 2 Where ,an authorized legal -agent signs the application for the fee
,,owner(s),_ a letter granting power,of attorney 'to the agent from the property-
_ owner(s) must be provided
11 13 7 3 - Copy of a deed or other appropriate legal instrument by -which the
,applicant(s) obtained interest in the property under consideration
11 13'7 4 Complete and accurate:legal descriptions of the parcel(s) being
created or -exchanged, and new -parcels which, will result upon'approval of the
request -
11 13 8 The applicant -shall submit the following ma'p information The'size of map shall
be either eight and_one-half (8-1/2) inches-by,eleven (11) inches or eight and one-half (8-
1/2) inches_by fourteen (14) inches
11 13 8,1 ` ' Plot_plen of the property or properties involved showing the proposed
situation graphically,'
11 13 9,: If any such Subdivision'Exemption is approved, a plat as described below -shall
be submitted to the Department of Planning, Services to be: recorded in the office of the
Weld County Clerk and Recorder -
11 13 9 1 - The plat shall be prepared by a registered land surveyor in the State
,'of Colorado - Y
11 13 9 2' _, The -plat shall be, delineated in non -fading permanent black ink on ,
a dimensionally_ stable,polyester sheet such ascronar or miler or other product
of equal quality, three mils or greater in thickness the size of each,sheet shall
79 _Ordinance 173C
be either eighteen (18) inches in height by twenty-four,(24) inches in width, or
twenty-four,(24) inches in height by thirty-six (36) inches in width No mixing of
sheet sizes is allowed No plat submitted shall contain any form of stick -on -type
of material such as, but no limited to, "sticky -back", adhesive film, or kroy lettering
tape The drawing shall be at a scale sufficient to show all necessary detail
11 13 9 3 A photo mylar copy or diazo sensitized mylar copy -of the original ink
drawing may be submitted The -material shall be at least 3 mils or greater in
thickness
11 13 9 4 The plat submitted will contain the original signatures and seals of
all parties' required to sign the plat If a photo mylar copy or diazo sensitized
mylar copy is submitted, the original signatures and seals shall be contained
thereon
11 13 9 5 The plat shall include a complete and accurate legal description of
the parcel(s) being created or exchanged, and new parcels which will result
11 13 9 6 All work shall comply with the requirements of Section 38-50-101,
38-51,101, 38-51-102, 38-53-103, and 38-53,104, CRS
11 13 9 7 All work shall comply with the requirements of the "Bylaws and Rules
of Procedure of the State Board of Registration for Professional Engineers and
Professional Land Surveyors" and the "Rules of Professional Conduct of the State
Board of Registration for Professional Engineers and Professional Land Surveyors
- Board Policy Statements"
11 13 9 8 A signed copy of all Colorado Land Survey Monument Records for
indicated "Aliquot Corners" (Section 38-53,102(2), CRS) will be submitted with the
Subdivision Exemption Plat If any "Aliquot Corner" indicated on the plat is
substantially as described in an existing,monument record previously filed, and
in the appropriate records of the Clerk and Recorder's, a copy of that monument
record and a letter of certification stating that it is as described on the Colorado
Land Survey Monument Record shall be submitted`
11 13 9 9 - The plat shall bear the following certifications
I (we) being the sole owner(s) in fee of the
above described property do hereby request a Subdivision Exemption on
the land as shown hereon
(Signature)
The foregoing certification was acknowledged before me this day of
,AD, 19_
My commission expires
80 Ordinance 173C
No ary Public
Witness my Hand and Seal
81
Ordinance 173C
11 13-9-10 Registered Land Surveyor's Certificate example
- Surveyor's Certificate
s - , a Registered Professional Land Surveyor in
'the State of Colorado,,do hereby certify that this Subdivision Exemption plat
was prepared under' by_ personal, supervision,` and- that .this plat is an
accurate representation thereof I further certify that the,survey and this plat
complies with all applicable rules, regulations, and laws of the, State of ;-
Colorado, state Board of Registration for. Professional Engineers and
Professional Land Surveyors, and Weld County -
1.1 14 Duties of the Department of Planning Services
11 14 1 The planner .shall have the responsibility for processing and approving all
applications' for Subdivision Exemptions as delegated by the Board The planner shall also
have the responsibility_of ensuring that all application submittal requirements are met prior
- to initiating any official action as listed below
'-11 14 2, Seta Board hearing -only_ if the planner determines that -the applicant has not met
the standards:of Section 11--1'5 1 1 through 11 15.1 4 of this Ordinance -
11 14 3 Refer the application to, any agencies or individuals whose review the'Department
of Planning Services or the Board of County Commissioners -deems necessary _
- 11 14 4 When, in the opinion of the planner, an applicant has notmet the standards of -,
Section ,1-1 15 1 ,1 through 11 15 1 4 of this Ordinance a hearing shall be scheduled before
the Board The staff shall prepare alecommendation for,use by the, Board addressing all
_aspects of the application its conformance with the,Weld County Comprehensive Plan,_
master_plans of affected municipalities, sound land 'use planning practices, 'comments
received from agencies to which the Proposal was referred, and standards contained in
Section 11 of this Ordinance regarding -Subdivision Exemptions
11 14'5 ,Submit to the Board for review any plat required in 11 13 9 of this Section which"
does not comply with:the approved subdwision exemption
11 14 6 Submit to the Weld County Clerk and Recorder for recording plats of approved
actions required in Section 11' 13 9 of -this Ordinance,
82 Ordinance 173C
11 ,15- Duties of the, Board of -County Commissioners
11,15 1 When, in the_ opinion of the planner, an applicant has not met the standards of
Section 11 15 1 1 through 11 1,5 1 4 of this Ordinance, the, Board shall hold a public hearing
- `to, consider -the application and to take final action thereon .In making its decision, the
'Board shall consider the recommendation of the, planner, the facts presented -at the public '
hearing, and the information contained in the,official record The official record shall include
the'_planner's caseafile The Board shall approve the request unless it finds the applicant
has not met one, or more of the standards or conditions of -this, Section 11 15 of this
Ordinance The applicant has the burden of proof -to show the standards and conditions -
of Section 11 15 of.this Ordinance are met ,The applicant shall demonstrate the, following
11 15 1 1 The proposal is 'consistent with sthe policies of the Weld County
Comprehensive Plan '
11 15 1 2 Theboundary change, or temporary use location which would be
allowed on the subject property by granting the request will be compatible with the
surrounding land use
- 11 15 1 3 In those instances when used pursuant to Section 11 12 2 of this,
Ordinance, the request is the best alternative to dispose of existing improvements
` in conjunction, with;the companion Recorded.Exemption
'11,14 1 4 A lot being created for the purpose of financing will not result in the
creation of a,lot to be sold, shall be at least one acre in size, and will ho longer,
-exist upon termination of the -financing arrangements_, '
'11 15 2-' Upon the Board making its final,decision, a resolution setting forth that decision
will be drafted and signed _A record of such action and a copy -of the resolution will be kept
in the files of the-Clerk'to the Board and the Board shall arrange for` the -Office of the Weld
County Clerk and Recorder to record the resolution
r
11 16 Correction -to a Subdivision Exemption The planner or Board -may, without a hearing or
compliance with any of the submission,'referral, or#review,requirements of this_ Ordinance, approve
-a correction to a Subdivision Exemption if -the -sole purpose dfsuch correction is' -to correct one or '
_ more -technical errors -in, the legal description and where the correction is consistent with the,
approved exemption - _ ' ,' - _
,11 17 ' Amendments Any change to a previously:approved Subdivision' Exemption which is not '
a "correction" asdefined in Section 11'16 above shall follow the procedures of Section 11 11 of this
Ordinance ° _ , -
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83 - Ordinance 1-73C
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SECTION 12 UTILITIES AND IMPROVEMENTS
12 1 The following improvements shall be constructed at the expense of the subdivider as
stipulated in the subdivision improvements agreement by the Board.
12-1 1 Road grading and surfacing
12 1 2 Curbs, if required
12 1 3 Sidewalks, if required
12 1 4 Sanitary s7/er laterals, where required
12 1 5 Storm sewers or storm drainage systems, as required
12.1 6 Water distribution systems, where applicable
12 1 7 Street signs at all street intersections
12 1 8 Permanent reference monuments and monument boxes
12 1 9 Street lighting, if required
12 1 10 Landscaping, where required
12 1 11 Underground electric and communication utility lines and services, and all street
-lighting circuits, as required
12 1 12 Other facilities and requirements as may be specified in this Ordinance by the
Board
84 Ordinance 173C
SECTION 13 IMPROVEMENTS AGREEMENT = '
'13 1 Contract No Final Plat shall be approved, by the Board"until the subdivider has submitted
a subdivision'improvements agreement or a contract approved'by the Board agreeing to construct
the required, improvements -as shown in plans, plats'and-supporting-documents _ Any such
agreement or contract shall be made in confoymence�with the Weld County; Policy on Collateral for
,Improvements " - -
13 2 - Off -Site Improvements The subdivider, applicant, or owner shall install, off -site road- -
improvements as provided in this section when it -has been determined by'the-Board that the road
facilities providing access to rthe subdivision_ are not adequate in- structural capacity, width,
functional classification to support the traffic requirements of the uses of the subdivision
13 2 f The subdivider,- applicant, or owner shall enter into an off -site improvements
agreement prior to recording the final plat1when the subdivider, applicant; or owner expects' -
to receive reimbursement for part of the'cost of the off -site improvements
13 2 2 The off -site, improvements agreement shall contain_the following
13 2 2 1',,- The legal description of the property to be served
13-2 2 2 The'name of the owner(s) of the property to be served -
13 2 2'3 A description of the off -site improvements to be completed by the
subdivider, applicant, or owner
13 2 2 4 The total cost of the off-siteimprovements
13 2-2 5' , ' The total vehicular trips to be generated at build -out by the
subdivision, or resubdivision, as specified -by the "ITE Trip Generation_ Manual",
-or by special study approved -by the Board ,
_,13 2 2-6 _ A time period for completion of the off site improvements _
'13 2 2 7 , The,,terms of reimbursement
13 2 2 8 The current address of the person to be reimbursed during the term
of the agreement 1 / _ . ,
13 2 3 Any off -site improvements agreement shall be made in conformance with the Weld
-County Policy on Collateral for Improvements - -
13 2 4 If_ the subdivider, 'applicant,,or owner fails to comply with the improvements
agreement, he or she forfeitsthe-opportunity to -obtain reimbursement under this section
.f
85
Ordinance 173C'
13 2 5 When -it is determined ,by the Board_that vehicular traffic from a subdivision or,
resubdivision will use,a road, improvement `constructed under an existing improvement
agreement, -the subsequent subdivider, applicant, or owner shall reimburse the original
subdivider, applicant, or owner; for a portion,of the original construction cost' In no event _
_shall the original subdivider, applicant, or owner collect an amount which exceeds the total
cost of improvements less the pro rata share ,of the total trip impacts generated by the
original development' Evidenceathat the original subdivider, applicant, or owner has been -
'reimbursed by the subsequent subdivider, applicant or owner shall„be submitted to the
planneror prito recording the final subdivision or resubdivision-plat , ,µ
13 2 6 The-amountof road improvement' cost; to be paid by the subsequent subdivider,
applicant`, or owner of _a subdivision or resubdivision using the road improvements
constructed under a -prior improvement agreement -will be based upon a pro rata share of
the total trip impacts associated --With the number and typesof dwelling units and square ,
footage and type of nonresidential developments intended to use the road improvement -_
,The amount of road'improvement cost shall also consider inflation as measuredrby the `
_changes in the Colorado Construction Cost Index used `by the Colorado Department of "
Transportation The`cost`of road improvements may be paid by cash contribution to the
prior subdivider, applicant or owner or by further road improvements which benefit the prior '
subdividerrapplicant, or owner's property This decision shall be at the sole -discretion of '
the board based upon the need for further off -site road improvements
13 2 7 The trip generation rate manual published, by the- Institute of transportation
,Engineers (ITE) shall,normally be used foricalculating`a>reasonable pro rata share of the
_ road'improvement construction cost_ for all subdivisions or, resubdivisions -A special ` _
transportation' study shall be used for land -"uses-not listed in the ITE Trip Generation -
Manual _ Any question about the number of trips a subdivision or resubdivision will generate _
-shall be-decided'bythe County Engineer
13 2 8 , 'The term ,for which the subdivider, applicant, or owner is entitled to reimbursement
under -the off -site improvements agreement, enteredinto between the -subdivider and the
, county, is ten,yearsyfrom the,date of execution `of a contractfor road' improvements
-13 2 9 This provision is not intended to create any cause of action -against Weld County ,F
or_its officers or employees byrany subdivider, applicant, or ownerJor reimbursement, -and
inno way -is Weld County to'be considered a guarantor of the monies to bereimbursed_by
the subsequent subdividers,; applicants, or owners
86
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SECTION 14 VARIANCES
14 1 Hardship The board may permit a variance as may be reasonable and within the general
purpose and intent of the rules, regulations, and standards established by this Ordinance The
subdivider should clearly demonstrate that physical conditions pertaining to the parcel make literal
enforcement of one or more of the provisions of this Ordinance impracticable or will exact undue
hardship
87 Ordinance 173C
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SECTION`15 VIOLATIONS AND PENALTIES _ , -
- _ 15 1 Any subdivider, or agent of a subdivider, Who -transfers or sells or agrees to sell or offers
to sell any subdivided land before afinal plat for such subdivided -land has been approved -by the
board and °recorded or filed in ,the office of the -,County Clerk and Recorder shall be guilty of a
' misdemeanor�and shall bersubject toga fine nottto exceed five hundred` dollars -for each parcel or
interest in subdivided land which -IS sold or offered for sale - All fines collected shall be credited to
the General Fund of the County' -- , _ - , ` ` -
15 2 -The' Board shall have the ,power to bring an action ,to -enjoin any subdivider from' selling, -
agreeing tO sell, or offering to sell subdivided land before a_final plat for such subdivided land has
, been approved by the Board , _`
15 3 = Building permits: for_ construction, on land`divided in an illegal manner subsequent to -the
adoption' of this Ordinance_shall'not be issued unless reviewed and -approved by the Board_ No
building permit snau be approved by:the Board unless all of the following can be shown
15 3'1 , The parcel shall ' frorn an existing public road,
153'2 'The parcel will have access to an adequate water supply
15 3 3,' The parcel will have access to an adequate means forthedisposal-of sewage
15.3 4 The issuance of the Jouilding permit will not change the essential character of the
neighborhood
15,3 5 .The procedure defined in this Section is not being utilized for -the purpose of
',evading the requirements' and intent of theWeld County' Subdivision -Ordinance
f - a
15 3 6 The owner does not_own a parcel of land adjacent to the subject parcel
B
88
Ordinance 173C
B
B
B
B
SECTION 16 FEES
16 1 Fees for all Subdivision applications provided for in this Ordinance shall be established by
resolution of the Board in conjunction with a hearing process that will consist of a ten(10) day public
notice prior to the Board's hearing Notice of said hearing is to be published once in the newspaper -
designated by the Board for publication notices
16 2 Review fees charged by a State agency for the review of any subdivision application shall
be made payable, by check or money order, to the State reviewing agency`in the amount set by
State law The fee shall be paid at the time the application is submitted for- consideration by the
planner Failure to pay said fee shall result in the subdivision application being considered an
incomplete application and will not be assigned a case number or hearing date until the fee is paid
89 Ordinance 173C
SECTION 17 VESTED ,PROPERTY RIGHTS
-17 1 Purpose The purpose of this section is to provide the procedures necessary to implement
the provisions of Article 68 of Title 4, CRS, as amended -
i7 2 Vested property right - duration - termination A property right which has been vested as
provided for in this section shall,remain vested for a period of Three years This vesting_penod shall
_ not -be extended by any amendments -to a_ site specific development plan unless expressly
authorized by the Board , ,
17 3 Notice andhearing No site specific development plan shall be approved until after a_public
hearing, preceded by, written notice of such hearing Such notice may, `at the County's option, be
combined with the notice required for the Subdivision Final Plator with'any other required notice
Interested persons shall have an opportunity to be heard at the hearing
17 4 Approval - effective date - amendments A site specific development plan shall be deemed
-approved upon the,effective date of the Board's final or conditional approval action, In the event
amendments,to a site specific development are proposed'and approved, the effective date' of such
amendments, for purposes of duration of a vested property right, shall be the date of the approval
of the original site specific development plan, unless the Board specifically finds to the contrary and
incorporates such finding in its approval of the amendment
17 4 1 The Board of County Commissioners may approve a site specific development
plan upon such terms and conditions as may reasonably be necessary to protect the public
health, safety, and welfare The conditional approval shall result in a vested property right,
although failure to abide by such terms and conditions will result in a forfeiture of vested
property rights "
17 5 Development agreements The Board of County, Commissioners may enter into
development agreements with landowners providing that property rights shall be vested for'a period ,
exceeding three_years where -warranted in light of all relevant circumstances, including but not
limited to, the size and phasing of the development; economic cycles, and market conditions Such
-development agreements -shall be adopted as legislative acts,subject to referendum as provided
for in the Weld County"Home Rule Charter
17 6 Notice of approval Each map, plat, or other document constituting a site specific
development plan shall contain the following language "Approval of this plan may create a vested
property right pursuant to Article 68 of title 24, CRS as amended " Failure to contain this statement
shall invalidate the creation of the vested property,right In addition: a notice describing, generally
the type and intensity of Use -approved; the specific parcel or parcels of property affected and
stating that a vested property right have been created shall be published once, no more than 14
days after approval of the site specific development plan, -in the newspaper designated by the
Board of County Commissioners for publication of notices
17 7 Payment of costs In addition to any and all other fees and -charges imposedby this
Ordinance, the- applicant for approval ' of a site specific development plan shall -pay all of the
County's costs resulting from the site specific development plan review, including publication of
notices, public hearing and review costs f
90 - Ordinance 173C
_ 17 8 Other provisions unaffected Approval of a site specific development plan,shall not
'constitute an,exemption from or.waiver of any other provisions of this Ordinance pertaining to the
subdivision, development, or use of property The establishment of a vested property nght,shall
not preclude the application of Ordinances- or regulations -which are general in nature and are
applicable to' all property subject to land use regulations by a local government including, but not -
limited to,_building, fire,.plumbing, electrical; and mechanical codes ,--
1,7 9 'Limitations Nothing in this section is intended to create any vested property right, but only
to implement the provisions of -Article 68 of Title 24, CRS, as amended= In the event of,the repeal
of said Article,or a )udicial'determination;that said _Article is invalid or unconstitutional, this section`
shall be -deemed topbe repealed, and the provisions hereof no longer effective
91.4 Ordinance 173C.,
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