HomeMy WebLinkAbout20233503.tiff Before the Weld County,Colorado,Planning Commission
Resolution of Recommendation to the Board of County Commissioners
i
Moved by Michael Wailes,that the following resolution be introduced for passage to accept request to
withdraw application by the Weld County Planning Commission Be it resolved by the Weld County
Planning Commission that the withdrawal request for
Case Number Ordinance 2023-17
Presented by Tom Parko
Request In the Matter of Repealing and Reenacting with Amendments,Chapter 23 Zoning
and Chapter 24 Subdivisions of the Weld County Code(Subdivisions)
be recommended favorably to the Board of County Commissioners
Motion seconded by Michael Palizzi
VOTE
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Virginia Gudegahn
Barney Hammond
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County,Colorado,adopted on November 7,2023
Dated the Ph of November,2023
Kristine Ranslem
Secretary
I
2023-3503
Draft Ord2023 - 17 10/3/23
CHAPTER 23 - ZONING
ARTICLE I - GENERAL PROVISIONS
SEC . 23 - 1 -90 . - DEFINITIONS .
[Amend :] BUILDABLE LOT: A LEGAL LOT on which it is possible to design and construct a BUILDING in compliance
with applicable requirements of this Code, including, but not limited to, permitted access and bulk requirements,
and with any VARIANCES granted by the Board of Adjustment. A LEGAL LOT may not necessarily be a BUILDABLE
LOT.
[Amend :] HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land created by recording a plat or map which
shows the boundaries of such LOTS, tracts, or parcels and the original parcel from which they were created ,
recorded prior to September 20, 1961 . HISTORIC TOWNSITE includes all property within such plat or map, whether
or not amended or resubdivided by subsequent plat or map, except for any property removed from said plat or
map with approval by the Board of County Commissioners.
[Amend :] LEGAL LOT: As used in this Chapter, the The term LEGAL LOT shall refer to any of the following:
a . Any LOT created prior to September 20, 1961, prior to the adoption of the Official Subdivision Regulations
for Weld County, Colorado .
b. Any LOT created between September 20, 1961, and December 15, 1992, in compliance with the Official
Subdivision Regulations, Weld County, Colorado, as amended ( referred to as the "Weld County
Subdivision Regulations" ), and in conformance with the bulk requirements and other regulations of the
zone district where the LOT is located .
c. Any LOT created between December 15, 1992, and December 28, 2000, in compliance with the Weld
County Subdivision Ordinance, Ordinance No . 173, as amended, and in conformance with the bulk
requirements and other regulations of the zone district where the LOT is located .
d . Any LOT created after December 28, 2000, in compliance with Chapter 24 of the Weld County Code, and
in conformance with the bulk requirements and other regulations of the zone district where the LOT is
located .
e. Any LOT at least thirty-five (35) acres in size and not part of a plat approved by the COUNTY.
f. When a LOT is bisected by the dedication of road RIGHT-OF-WAY that has been accepted by the County
after January 1 , 2023, the land on either side of the RIGHT-OF-WAY may be considered separate LEGAL
LOTS.
g. Any LOT separated prior to January 1, 2023, and officially recognized by Weld County as a LEGAL LOT.
A LEGAL LOT may not necessarily be a BUILDABLE LOT.
[Delete :] NON URBANIZING: An arc\-) greater t gar} a A mi e 'rom municipa boundaries, as amencee.
[Add (Changed from PUD ( PLANNED UNIT DEVELOPMENT) below) : ] PLANNED UNIT DEVELOPMENT (PUD): A
DEVELOPMENT zoned PUD and platted in accordance with Chapter 27 of this Code. Commented [JF2]: Changed from "SUBDIVISION" 10/3.
(Bruce said they're not subdivisions.)
[Amend : ] 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 municipal-Ay with common sewer service
facilities, in which sewage is carried from individual LOTS by a system of pipes to a SEWAGE TREATMENT PLANT.
[Amend :] PUBLIC WATER: A system providing potable water for human consumption through a water users'
association in existence as of [effective date] , a municipality, a water district, or a Title 32 special district approved
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in accordance with Article XIV of Chapter 2 of this Code. A system for the provision to the public of water for human
consumption through pipes or other constructed conveyances it such system has at least fifteen ( 15) service
connections or regularly serves-at least twenty five (25 ) individuals, and which meets the requirements of Section
24 3 7O. B. Tie term inc uces systems t iat are owned or operated by private, nonprofit entities, as we as:
a . Any collection, treatment, storage, and distribution facilities under control of the operator of such system
and used primarily in connection with such system; and
b. Any collection or pretreatment storage facilities not under such control which are used primarily in
connection with such system .
[Delete (Changed to PLANNED UNIT DEVELOPMENT (PUD) above) :] PUD (PLANNED UNIT DEVELOPMENT) : A zoning
district which includes an area of land, controlled by one ( 1) or more landowners, to be developed under unified
control or unified plan of DEVELOPMENT for a number of DWELLIN4S UNITS, COMMERCIAL, educational,
recreationa , industria , or otier USES, or any combination of tie :oregoing, tie pan or wieci may not corresponc
in LOT size, bulk or type of USE, density, LOT COVERAGE, open space or other restriction to the existing land use
regulations. A PUD is created in accordance with Chapter 27 of this Code.
[Delete :] URBANIZING: An area within one quarter (14) mile from municipal boundaries, as amended .
ARTICLE II - PROCEDURES AND PERMITS
DIVISION 1 - AMENDMENTS TO ZONING MAP
SEC . 23 - 2 - 30 . - DUTIES OF PLANNING COMMISSION .
A. The Planning Commission shall hold a hearing to consider the application for the Change of Zone . The Planning
Commission shall provide recommendations to the Board of County Commissioners concerning the disposition
of the requested change . The Planning Commission shall recommend approval of the request for the Change
of Zone only if it finds that the applicant has met the standards or conditions of this Subsection A and Section
23-2-50. The applicant has the burden of proof to show that the standards and conditions of this Subsection A
and Section 23-2-50 are met. The applicant shall demonstrate :
[1 .-3 ., no change . ]
4. For zoning amendments to any zone district other than A (Agriculture), unpaved STREETS/ROADS
providing access to the subject parcels shall have a minimum 26-foot-wide travel surface with a minimum
4-inch depth of aggregate surface course (gravel ) and a minimum RIGHT-OF-WAY width of sixty (60) feet.
Otherwise, the rezoning shall only be approved on the condition that the applicant shall enter into an
Improvements Agreement prior to recording the Change of Zone plat. Such agreement shall be in
conformance with Appendix 8- N, Transportation Plan, and Section 2 3 3O, Collateral for improvements,
[update with new section in Chapter 8] both of this Code . The Improvements Agreement shall provide for
the road to be improved to a minimum of 26-foot-wide travel surface with a minimum 4-inch depth of
aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the
recording of any land use permit map or issuance of any building permit, access permit, or grading permit,
whichever comes first, and shall be re-evaluated for compliance with any additional improvements upon
submittal of an application for a land use permit, building permit, access permit, or grading permit.
Additional improvements, if necessary, may require an amended or new Improvements Agreement
documenting additional requirements. No land use permit, building permit, access permit, or grading
permit shall be issued without review of the Improvements Agreement.
[Remainder, no change . ]
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Draft Ord2023- 17 10/3/23
SEC . 23 - 2 -40 . - DUTIES OF BOARD OF COUNTY COMMISSIONERS .
[A., no change . ]
B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final
action thereon . In making a decision on the proposed Change of Zone, the Board of County Commissioners
shall consider the recommendation of the Planning Commission, and from the facts presented at the public
hearing and the information contained in the official record which includes the Department of Planning
Services case file, the Board of County Commissioners shall approve the request for the Change of Zone only if
it finds that the applicant has met the standards or conditions of Paragraphs 1 . through 5 . below and Section
23 -2-50. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1 .
through S . below and Section 23-2-50 are met . The applicant shall demonstrate :
[1 .-3 ., no change. ]
4. For zoning amendments to any zone district other than A (Agriculture ), unpaved STREETS/ROADS
providing access to the subject parcels shall have a minimum 26-foot-wide travel surface with a minimum
4-inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet .
Otherwise, the rezoning shall only be approved on the condition that the applicant shall enter into an
Improvements Agreement prior to recording the Change of Zone plat. Such agreement shall be in
conformance with Appendix 8-N, Transportation Plan, and Section 2 3 30, Collateral for improvements,
[update with new section in Chapter 8], both of this Code . The Improvements Agreement shall provide
for the road to be improved to a minimum of 26-foot-wide travel surface with a minimum 4 -inch depth of
aggregate surface course (gravel ) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the
recording of any land use permit map or issuance of any building permit, access permit, or grading permit,
whichever comes first, and shall be re-evaluated for compliance with any additional improvements upon
submittal of an application for a land use permit, building permit, access permit, or grading permit.
Additional improvements, if necessary, may require an amended or new Improvements Agreement
documenting additional requirements. No land use permit, building permit, access permit, or grading
permit shall be issued without review of the Improvements Agreement.
[Remainder, no change . ]
DIVISION 9 - FEES
SEC . 23 - 2 -940 . - GENERAL REQUIREMENT FOR COLLATERAL .
The policy on Collateral as outlined in Section 2 3 30 [ update with new section in Chapter 8] of this Code shall
be followed .
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CHAPTER 24 - SUBDIVISIONS
ARTICLE I - GENERAL PROVISIONS
SEC . 24 - 1 -40 . - DEFINITIONS .
For the purposes of Chapters 24 and 27, the following words and phrases shall have the meanings stated in this
Section :
[Delete :] Access: The place, means or way vehicles or pedestrians shall have safe, adequate and legal ingress and
ogre% to a lot, trail, open space, off street parking space or use.
[Delete :] Aquifer: A water bearing layer of sand, gravel -or porous- roc<.
[Delete :] A ey: Service roacway provicing a seconcary means of pub is Access to abutting property anc not
intended for genera traffic circu ation . Service access to the interior of blocks may be permitted upon approva of
the Board of County Commissioners.
[Delete :] Block: A block is tie sma est unit o= anc deve opment wit uin a subdivision t uat is boundec by roacs, pub is
ancs, waterways or any other cefining bouncary. Blocks are comprisee of two (2) or more p attec lots, usua y
private ownership and form the basic grid or curvilinear pattern of the development.
[Amend :] Building Envelope : The three-dimensional space within which a• structure is buildings are permitted to be
built if the recorded plat of a lot includes a building envelope. on a Lot. Buildings defined as an Agricultural Exempt
Building in Chapter 23 of this Code Agricultural buildings, as defined in Section 29-1-20 of this Code, are exempt
from the requirement of being located in the building envelope building envelope unless the building envelope is
within a Municipal Separate Storm Sewer System (MS4) area as described in Article IX of Chapter 8 of this Code.
The bulk requirements for the specific zone districts addressed in this Code shall also be followed .
[Delete :] 8u < Requirements: Stancaros anc contro s tiat estab is u tie maximum size o: structures on a Lot ano the
buildable area within which the structure can be located, including Lot coverage, setbacks and offsets, height,
impervious surface ratio, floor area ratio and yard requirements.
[Delete :] County Roac , Maintained : A County maintained paves ar grave roac way teat meets County roac
standards.
[Delete :] County Roac, Non maintainer : A roacway t ua-t is not maintained by tie County.
[Add before Design Standards : ] Common open space: Usable and programmed land or water dedicated for public
or private use for recreational, scenic, and stormwater management purposes. Common open space does not
include private yards, service areas, areas used for storage or parking, or areas occupied by buildings other than
bus stop shelters, gazebos, or similar neighborhood amenities, such as recreational facilities, libraries, and
playgrounds. Common open space also shall not include the improved area of oil and gas facilities, solar energy
facilities, wind energy facilities, telecommunication towers, or the like. See Section 24-3-250 of this Chapter.
Cul-de-sac: A street that terminates in a vehicular turnaround .
[Amend : ] Development, Non Urban Scale: Developm-eats comprised of nine ( 93 or fewer lots. These types of
developments arc only permitted outside of one ( 1) mile of a municipal sewer line. Nonurban scale developments
require a public water source and public sewer or onsite wastewater treatment systems (OWTS-) . Internal paved
roads and storm drainage may be required .
[Amend :] Development, Urban Scale : These types of developments are only permitted within three (3) miles of a
municipa bouncary or within a CoorcinatedP ann4ng Area (CPA). Urban sca e ceve opments require a pub is water
Page 4 of 100
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source, internal paved roads, common open space and storm drainage. Urban scale residential developments
require pub is sewer systems. Urban sca e commercia anc incustria ceve opments require pub ic or private sewer
systems (Onsite Wastewater Treatment Systems).
[Delete :] Development, Rural Scale : Rural scale developments require a potable water source, private sewer
systems and internal roads. This development type allows remaining areas to be utilized for agricultural purposes,
open space and environmental conservation .
[Delete:] Driveways: A private roacway provicing access to a street or roac . Driveways sna not be permittec to
have direct access to arterial streets. Only one ( 1 ) access is permitted per new Lot. A subdivision access may be
permitted to internal subdivision lots onto internal subdivision roads only. All driveways shall be off the internal
subdivision road system.
[Add after Easement: ] Environmentally sensitive areas: Areas of significant biological productivity or uniqueness,
natural drainageways, riparian areas, water bodies and areas immediately surrounding them, wooded areas, native
grasslands, areas in which plant or animal life or their habitats are either rare or especially valuable because of their
special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and
developments, and areas that have been designated or may be eligible for designation for protection from any
activity that would significantly alter their ecological integrity, balance, or character, including, but not limited to,
wetlands under the jurisdiction of the US Army Corps of Engineers and endangered or threatened species habitat
as determined by the Colorado Division of Parks and Wildlife .
[Amend :] Historic Townsite: As defined in Chapter 23, Article I , of this Code. A group of lots, tracts, or parcels of land
createc by recorcing a pat or map w iic i slows tie bounearies oz suci ots, tracts, or parce s and tie origina parce,
from which they were created, recorded prior to September 20, 1961. Historic T-ownsite includes all property within
such plat or map, whether or not amended or resubdivided by subsequent plat or map, except for any property
removed 'rom saic p at or map witi approva by tie Boarc o: County Commissioners.
[Delete :] Improvements Agreement: One + 1 ) or more security arrangements wiici may be acceptec by tie Boaro
of County Commissioners to secure tie construction o: off site pub ic improvements or improvements within the
proposed subdivision development. Any such agreement or contract shall be made in conformance with the County
requirements for collateral for improvements per Section 2 3 30 of the Weld County Code, as amended .
[Delete :] Intersection: The location where two or more roadways cross at grade without a bridge. A local street
should not intersect an arterial street. A street shall not intersect an arterial street at intervals of less than one
thousand three hundred twenty ( 1, 320) feet (% mile). An interval may vary due to parcel size limitations and would
be subject to approva by tie Board o ' County Commissioners. Tie acequacy o: access wi be eva uatec accorcing
to the design standards and specifications found in the Weld County Engi-neering and Construction Criteria
document shown in Appendix 8 Q. Sight distance triangles shall be provided at all intersections.
[Delete :] Local government: Any county, city or town, whether statutory or home rule, acting through its governing
boey or any boarc, commission or agency tiereo' laving fina approva autiority over a site speci=ic ceve-opment
pan, inc ucing wit iout imitation any Vega y empowerec urban renewa autiority,
[Amend :] Lot: As defined in Chapter 23, Article I, of this Code. A contiguous tract or parcel of land in unified
ownership, with defined boundaries, described by land survey plat or subdivision plat recorded with the Weld
County C er< anc Recorcer. A ot constitutes tie basic unit of ceve opment. A .ot is usec or intencec to be usec by
principle and accessory uses, and structures. A lot shall not be divided by deeded right of way including any public
ligaway, street or a ey. A ot must meet tie requirements of tie zoning cistrict in waica it is ocatec anc must lave
access to a public street or an approved private street.
Page 5 of 100
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[Amend : ] Lot, Buildable: As defined in Chapter 23, Article I, of this Code. A legal lot on which it is possible to design
anc construct a buff cing in comp lance wits app icab e requirements o' tiffs Coce anc wits any variances granted
by the Board of Adjustment. A legal lot may not necessarily be a buildable lot.
[Amend :] Lot, Legal: As defined in Chapter 23, Article I , of this Code. As used in this Chapter, the term legal lot shall
refer to any of the following:
a . A lot within a Historic Townsite.
l3- A let c-reated prior to September 20, 1961, p{+or to the adoption of the Official Subdivision Regulations for
Weld County, Colorado.
c. A lot created between September 20, 1961, and December 15, 1992, in compliance with the Official
Subdivision Regulations, Weld County, Colorado, as amended ( referred to as the "Weld County Subdivision
Regulations" ), and in conformance with the bulk requirements and other regulations of the zone district
where the lot is located .
d. A lot created between December 15, 1992, and December 28, 2O00, in compliance with the Weld County
Subdivision Ordinance, Ordinance No. 173, as amended, and in conformance with the bulk requirements
and other regulations of the zone district where the lot is located.
e . Any lot created after December 28, 2000, in compliance with the Chapter 21 of the Weld County Code and
in conformance with the bulk requirements and other regulations of the zone district where the lot is
located .
[Delete :] Manufactured home park : A parcel of land used for two (2 ) or more manufactured home rental stalls. No
new Mobile or Manufactured home parks arc permitted in Weld County.
[Delete :] Manufactured ~come subcivision : A parce o= anc civicec into two ( 2) of more manufacturec come ots
for sale. Manufactured home subdivisions may be permitted in the County.
[Add :] Natural site constraints: Environmentally sensitive areas, areas with slopes greater than thirty (30) percent,
100-year flood plains, areas with geologic hazards as described in Article V of Chapter 23 of this Code, areas with
unique rock outcroppings, and areas of significant cultural resources as determined by History Colorado. See Section
24-3-270 of this Chapter.
[Delete :] Off street parking space: A par<ing space provicec in a parking ot, parking structure or private eriveway
'or a motor veiic e tiat is not ocatec on a cecicatec roac rig it o- way.
[Delete :] On street parking space: A parking space for a motor vehicle that is located on a dedicated road right of-
[Add before Parcel : ] Outlot: As defined in Chapter 23, Article I, of this Code.
Owners Association : An association, homeowners association, or unit owners association organized under Section
38-33 .3-301, C. R .S.
[Amend :] Planned Unit Development (PUD): A zoned and platted development which includes an area of land,
controlled by one ( 1 ) or more landowners, to be developed under Egli-fled control er unified p-la of development
for a number of purposes including residential, commercial, industrial, educational, recfeationa-I uses, or any
combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot
coverage, open space or other restriction to tie existing one use regulations. See Chapter 27 of the We d County
Code. As defined in Chapter 23, Article I , of this Code .
Page 6 of 100
Draft Ord2023-17 10/3/23
[Delete:] Property: All real property subject to land use regulati-on by a local government.
[Amend :] Public sewer: As defined in Chapter 23, Article I, of this Code. Transmission, storage, treatment or
co ection 'aci ities are constructec , operatec or maintainer by any group, organization, eistrict or
municipality for providing common sewer service facilities, in which sewage is carried from individual lots by a
system of pipes to a sewage treatment plant.
[Amend :] Public water: As defined in Chapter 23, Article I, of this Code. A system for the provision to the public of
water 'or human consumption t iroug -i pipes or of ter constructec conveyances is: sun system las at east 'i'teen
415) service connections or regu ar y serves at cast twenty 'hie (25 ? inc ivic ua s, anc wiici i meets tie requirements
o- Section 24 3 70.8. o' tie We c County Coce. Tie term inc aces systems teat are ownec or operatec by private,
nonprofit entities, as well as :
(a ) Any collection, treatment, storage, and distribution facilities under control of the operator of such system
and used primarily in connection with such system; and
(b) Any collection or pretreatment storage facilities not under such control which are used primarily in
connection with such system .
[Amend :] Resubdivision: A process used to amend subdivisions and Historic Townsites in accordance with Article IX
of this Chapter. create one ( 1 , new adcitiona buildable lots or to mocify lot ines wituin a recorcec subdivision pat
or wit uin a map or p an fi ec prior to aeoption of tie County Subc ivision Orcinance. Resubdivisions s la not inc uce
cuanges to Planned Unit Developments or hose ancs w cequi-re a Lot Line Ac . ustment to moeify.
[Delete:] Road Maintenance Agreement: See improvements Agreement.
[Move from after Sketch Plan to before Site:] Section: An approximately one-square-mile of land. There are thirty-
six (36) sections in a township of land .
[Delete :] Site specific development plan : A Major Subdivision 'ina p at, Rura Lanc Division 'Ina p at, Resubc ivision
pat wuici las been submittec to tie County anc 1as receive° approva by tie Board of County Commissioners. No
other type of subdivision application shall be considered a site specific development plan .
[Delete:] Sketch Plan : Tie map o' a proposes subdivision anc specnec supporting rnateria s, crawn anc submittec
in accordance with requirements of Chapter 24, to permit the evaluation of the proposal prior to detailed
engineering and design .
[Move to before Site — see above) :] Section: An approximately one square mile of land. There are thirty six (36)
sections in a township of land .
[Delete:] Structure: Anything that is built, constructed or erected, an edifice or building of any kind, or any piece of
work arti=icia y bui t up or composec o= parts joined toget uer in some oe mite manner, but not Inc ucing fences or
walls used as fences less than six (6) feet in height, poles, lines, cables or distribution facilities of public utilities.
Structures sia coma y wit , requirements set 'orti in Chapter 23 o' t u s Coce, inc ucing requirec zoning setbacks anc
offsets and shall be installed in accordance with the building requirements set forth in Chapter 29 of this Code.
[Delete:] 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 .
[Delete :] Through Traffic: Traffic associatec with tie genera trave ing pub Ic ane not associated wit u tie subdivision .
A local street shall be designed so that its use by through traffic will be discouraged .
[Delete :] Street, cu/ de sac: A street that terminates in a vehicular turnaround .
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[Delete :] Street, stub. A non permanent dead end street intended to be extended as part of future development
on the adjacent, platted or unplatted land. Only lots within the subdivision may access onto a stub street. Not
more than six (6} lots shall front on a stub street except where a temporary cul de sac has been designed
according to County regulations .
[Delete :] Street, through: A collector or arterial street that serves more than one neighborhood or carries regional
traffic. Loca subdivision streets sna be cesignec to not 'unction as a tnrougn street.
ARTICLE II - CONFORMANCE STANDARDS
SEC . 24- 2 -40 . - IMPROVEMENTS SUBDIVISION DEVELOPMENT AND IMPROVEMENTS AGREEMENT .
A. The subdivider, applicant or owner shall submit a signed subdivision improvements Agreement Subdivision
Development and Improvements Agreement agreeing to construct the required improvements as shown on
the approved plat and other supporting documents. The Agreement shall be made in conformance with-the
County policy on collateral for improvements per Section 2 3 30 [ update with new section in Chapter 8] of the
Weld County Coder as amended. Approval and recording of the Improvements Agreement Subdivision
Development and Improvements Agreement will be a condition of approval for the subdivision and must
be approved by the Board of County Commissioners prior to recording the subdivision final plat.
B. The following site improvements and infrastructure, if required, shall be constructed at the expense of the Commented [JF41 : h : -7",/•:;r; Art, ;�. ,.. c Me
subdivider, applicant, or owner as stipulated in the Subdivision Development and Improvements Agreement *. ;.: '1e
approved by the Board of County Commissioners. Collateral shall be required in accordance with Section
[update with new section in Chapter 8] of this Code .
1 . Roads, including, but not limited to, curbs, gutters, and sidewalks.
2. Stormwater drainage systems.
3. Utility services and underground utility lines, including, but not limited to, water, sanitary sewer, electric,
natural gas, and communications.
4. Landscaping and screening.
S . On-site lighting, including, but not limited, to street lighting.
6. On-site signage, including, but not limited to, street name signs and regulatory, informational, and
directional signs.
7. On-site furnishings, including, but not limited to, mailbox and delivery kiosks and other community
amenities.
8. Other facilities and requirements as may be specified in Chapter 24 or by the Board of County
Commissioners.
SEC . 24- 2 - 70 . - PLAT REQUIREMENTS .
In addition to any other requirements in this Code, plats produced for land divisions in this Chapter shall comply
with the following provisions :
A. The plat shall be prepared by a Professional Land Surveyor licensed to do business in the state and shall be a
neat, clear, legible, and reproducible document. The plat submitted for recording shall contain the original
signatures and seals in permanent ink.
B . The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar, or
other material as approved in writing by Planning Staff. The size of each sheet shall be twenty-four ( 24) inches
in height by thirty-six (36 ) inches in width , unless otherwise approved in writing by Planning Staff.
C. The plat shall be titled at the top of each sheet with the name of the subdivision, if applicable, the case number
provided by the Planner, followed by the section, township, and range, County of Weld, State of Colorado .
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D. The plat shall be drawn at a scale of one inch equals one hundred feet ( 1" = 100' ) or one inch equals two
hundred feet (1" = 200') . The vicinity map shall be at a minimum scale of one inch equals two thousand feet
( 1" = 2,000') . Plats drawn to other scales must be approved, in writing, by Planning Staff.
E . All work shall comply with the requirements of Sections 38-50-101 and 38-51 -101, et seq ., C. R .S.
F. 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
Statement.
G . All plats shall contain :
1 . A north arrow.
2. A statement of known engineering scale and a bar-type scale.
3. A statement defining lineal units.
4. Date of preparation .
5 . A legend designating all abbreviations, line types, and symbols.
6. Names, telephone numbers, and addresses of the applicant, developer, engineer, and surveyor.
7. Sheet numbers, sheet index, and overlapping match lines, if necessary.
8. All distances shall be shown to the nearest one hundredth (0.01 ) of a foot and bearings to the nearest
second . All distances shall be given in ground, not grid, distance.
9. All field-measured dimensions necessary to establish the boundaries on the ground and all dimensions for
newly created lots necessary to establish the boundaries on the ground .
10. A description of all monuments, both found and set, that mark the boundaries of the property.
11 . Bearing, distance, and curve data for all lot boundaries. All curve data shall include arc length, radius,
central angle, chord bearing, and chord distance . Boundaries shall be clearly indicated on the plat.
Recorded bearings and distances that vary with measured bearings and distances shall be shown in
parentheses along with the measured bearings and distances.
12 . A basis of bearing statement.
13 . Vicinity map delineating the subdivision boundary with respect to adjacent roads, municipal limits,
ditches, railroads, floodplain boundaries, etc., which shall be labeled . The subject section and dashed
quarter section lines shall be shown and labeled .
14. A scale drawing of all boundaries of the entire subject property on one ( 1 ) sheet and written property
description of the exterior boundary of the subject property, including the acreage to the nearest one-
hundredth (0.01) of an acre .
15 . The reception number of the most recent deed for the subject property.
16 . A list of the history of deeds, land divisions, and amendments that resulted in the creation of the parent
parcel, with references to reception numbers, recording dates, and case numbers, as applicable.
17 . The exterior boundary shall be tied to two ( 2) or more monumented public land survey monuments.
18. All recorded and apparent easements and rights-of-way, including the purpose, width, and location of all
existing and proposed easements located on the property. A plat note may be necessary to provide
complete information of the purpose of the easement. Proposed easements shall have bearings,
distances, and curve data sufficient to allow them to be established on the ground .
19. Any conflicting boundary evidence (fences, conflicting monuments, physical features, etc. ) .
20. The location of any oil and gas facilities, described by longitude and latitude.
21 . Hydrologic features, including, but not limited to, irrigation canals and ditches on the subject property.
22 . The limits of any 500-year and 100-year Special Flood Hazard Area on the subject property.
23 . Applicable plat certificates found in the appendices of this Chapter.
Page 9 of 100
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24 . Plat notes provided by the Department of Planning Services.
ARTICLE III - SUBDIVISION DESIGN STANDARDS .
SEC . 24- 3 - 10 . - COMPLIANCE REQUIRED .
All subdivisions and Planned Unit Developments approved by the Board of County Commissioners or appointed
representatives shall comply with the following general standards and all other standards in this article :
[Delete A and reletter remaining. ]
A. Hazardous conditions such as landslides, mud flows, rockfalls, mine subsidence, shallow water table, open
quarries, foods anc po utec or non potab c surface water sia be icentifiec arm mitigated by the subdivision
and construction plans .
[B through D, no change .]
E . All construction drawings shall be created in compliance with the current Weld County Engineering and
Construction Guidelines (WCECG ), as amended adopted in Appendix 8-Q of this Code . ;-and Final accepted plans
shall be stamped by a Professional Engineer registered licensed to do business in the State of Colorado .
SEC . 24-3 - 20 . - ROAD STANDARDS .
All roads within subdivisions and Planned Unit Developments shall be designed and constructed in accordance
with Appendix 8-Q of this Code in addition the following standards :
A. New local roads shall not intersect arterial roads or highways. A collector road connecting the internal local
road would be required . Roads for Minor Subdivisions in the C (Commercial) or I (Industrial ) may intersect
arterial roads and highways provided all applicable criteria are met, including, but not limited to, spacing andCommented [JF7]: May need to be more specific,
safety. Improvements including, but not limited to, acceleration and deceleration lanes may be required . depending on 8-Q update.
B. Any lot that accesses an internal subdivision road must be included in the subdivision. Commented [JF8] : New.
C. Half-roads are not permitted, except where a half-road is required to complete a half-road already in existence .
This provision is not intended to preclude phased construction of a rood in a Major Subdivision if addressed in
the Subdivision Development and Improvements Agreement.
D. Dead-end roads shall not be permitted excluding cut-de-sacs.
E . Road names shall be shown on final plats, shall comply with Section 2-13-70.H . 1 of this Code, and shall not be
duplicated within the same zip code area unless the roads are in alignment with each other. Road names
matching existing roads in alignment with the proposed roads may be required . Street signs meeting the
requirements of the Department of Public Works and/or applicable fire district shall be provided by the
subdivider at all intersections.
-- i ne design criteria are intended to aid in the preparation of subdivision plans. These design criteria are
considered minimum, and a complete design may require more stance. in these cases, the Department of
Pub is Wor<s sia wor< witi tie applicant in Determining appropriate stanearcs for site specizic app ications.
A roars wit uin subdivisions anc P annec Unit Deve opments sia be designee anc constructer in accoroancc
wits tie WCECG a.nc in accition tie 'o owing stancards:
1 . Rood Pan . The arrangement, extent, wicti, type anc oration of all roacs are c assifiec basec on their
function and whether they are u-rba-n or rural. Roads shall be designed based on these classifications and
in relation to existing or planned roads, topographic conditions, public convenience and safety, and the
proposed use of land to be served. Roads shall be extended to serve each Subdivision lot. All lots shall
have access to a public internal roadway. This internal roadway is a separate parcel and not part of the
reJidential lots. See A endi-x 8 Q for dessi-gn guidelines for new road construction.
Page 10 of 100
Draft Ord2023- 17 10/3/23
2. Road cross sections for arterial , collector and local streets are presented in the WCECG, Roadway Cross
Sections. These stancarcs ce ineate right of way wictis, ane con=igurations, mecian treatment, bi <e
lanes and pedestrian sidewalks.
3. Improvements to the Interstate and State highway system are determined and managed by the Colorado
Department of Transportation.
/1 . Half roads shall not be permitted, except for the following:
a. A half road is required to complete a half road already in existence.
b. Tie subdivider obtains 'or tie County a cecication :rom tie abutting ancowner o- tie of ier one
is f !y:; o' tie roac to comp etc a minimum right of way wicti stanc are .
c. Tie subdivider obtains 'rom tie abutting ancowner, municipa ity or County, an agreement in a form
satisfactory to the Board of County Commissioners which guarantees the cost of the improvements
and construction of the same on the half road within a time suitable to the Board .
d. The subdivider guarantees the construction of the improvements on the half road serving the
subdivision.
S . Dead end roads shall not be permitted excluding cul de sacs.
6. Cul de sacs 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. Maximum cui de sac length between intersecting streets shall be one
thousand five hundred (1 ,500) feet. This distance shall be measured from centerline to centerline.
7. No more t ian two t 214 roacs s is intersect at one ( 1 ) point. Two ( 2 r roacs meeting a t iirc roae from
opposite sides shall meet at the same point. Offset roads shall not be allowed unless approved by the
Boars o= County Commissioners. Tiis requirement sia not app y to tie a ignment o' cui de sacs.
8. All roads shall attempt to intersect at ninety (90) degree angles.
9. A-parallel roadway alignment shall require a minimum of one hundred and fifty ( 150) feet of buffer beyond
tie greatest extent of tie existing anc future rights of way or access easement for both parallel roads.
Screening to reduce right-side lead igit g are may be requires . Screening type sia receive approva by
the Departments of Public Works and Planning Services.
10. The developer will design all intersections to have sufficient sight distance and shall delineate the sight
distance triangle on the plat. Sight distance triangles shall be compliant with the American Association of
State nigiway anc Transportation O"icia s 'AAS -TO, Green Boo<.
11 . Roads shall have the names of existing roads-which are in alignment in the County or in an adjoining
county or municipality. There shall be no duplication of road names within the area, and a sign shall be
provided at all intersections designating the road names.
12 . Geometric design for roads shall be in accordance with the WCECG.
13. Road pavement designs shall be in accordance with WCECG .
_ra'-ic count information anc pro.ections 'or use in geometric anc roac cesign sia be in accordance wits
the current Weld County Transportation Plan and/or the Traffic Impact Study submitted for the
subdivision and in compliance with Section 24 3 220 of this Code. The Trip Generation Manual published
by the Institute of Transportation Engineers, or studies or reports completed by the United States
Department of Transportation or the Colorado Department of Transportation may be other relevant
resources.
15. ' a subdivision t iat ac_oins or contains an existing or proposes arteria mac as ce'inec in C iapter 8 o' tie
We c County Coce, tie seve-opment s is be requireo to provice oca roacs to serve incivicua proposed
lots . No eirect resicentia access to a section ine roadway or arteria sia be a owec .
Page 11 of 100
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16 . If a subdivision borders an interstate, highway or railroad right of way, arterial or collector road, a
landscape buffer of not less than one hundred ( 100) feet in width and/or an earthen berm may be required
for adequate reduction of noise pollution.
17 . If a subdivision proposes parking lots as part of the development to support residential amenities,
comrnercia anc/or incustria anc uses, adequate par<ing sia be providec per Chapter 23, Artic e V,
Division 1 and Appendices A and B of the Weld County Code, as amended .
1R All Rood Construction Standards shall be in accordance with the WCECG .
SEC . 24- 3 - 30 . - SIDEWALKS, CUBS-AND GUTTERS STANDARDS . RESERVED .
Sicewa <s sia be constructec wit 'tin orba-n so e eeve opments ane s la be a minimum o: 'ive (5 ) =eet in
width. Curbs and gutters shall be constructed based upon recommendations of the Institute of Transportation
Engineers, the Federal Highway Administration and the United States Department of Transportation. Multi
use trails, paths, or sidewalks shall be a minimum of ten ( 10) feet in width, especially adjacent to arterial
roadways.
a. Where blocks or lets exceed one thousand ( 1,{300) feet 4-a length-, pedestrian access easements of not less than
ten ( 10) feet in width shall be provided through blocks or lots. Improved sidewalks of not less than five (5) feet
in wict -i s na be p acec wit lin t ne .sec estrian access easement.
SEC . 24-3 -40 . - BLOCK STANDARDS . RESERVED .
A. Maximum block length between intersecting roads or other defining boundary shall be eight hundred (800)
feet unless approved by the Board of County Commissioners. The distance shall be measured from road
centerline to road centerline.
SEC . 24 - 3 - 50 . - LOT SIZE STANDARDS .
A. All lots within a subdivision shall meet the minimum regulations established by Weld County, including, but not
limited to, bulk requirements of the underlying zone district.
B . The entire area of each lot shall be located in no more than one ( 1) zone district. The size of commercial and
incustria properties sha I provice off street par<ing, ancscaping, screening anc oacing areas as requirec by
the underlying zone district.
C. A lot shall not be platted such that it would be divided by a road right-of-way, railroad right-of-way, ditch right-
of-way, or by another lot. The minim-um area and dimensions of the lot shall conform to the requirements of
the underlying zone district.
D. Corner lots shall be configured to accommodate the setbacks required in Article Ill, Chapter 23, for both road
frontages, as well as easements and sight distance triangles. No single lot shall be divided by a municipal or
county boundary line or zone d+str-ict .
E . Every lot shall have a minimum of thirty (30) feet of frontage on an internal road right-of-way dedicated to the
public. No access onto county-maintained roads shall be granted to residential lots in subdivisions. A flagpole
lot configuration shall be avoided when possible. The minimum width of a flag lot appendage shall be thirty
( 30) feet. This access road shall be a minimum of twenty-six ( 26) feet wide and clear of all encumbrances and
drained to provide adequate emergency access to the property. See Chapter 8 of this Code for regulations on
access. A lot shall not be divided by a road, railroad, ditch right of way or by another let.
F. Double frontage and reverse frontage lots shall not be permitted except where essential to provide separation
for residential lots from arterial or collector roads. Each lot shall be provided an adequate access to a publicly
maintained roadway.
Page 12 of 100
Draft Ord2023- 17 10/3/23
G. Corner lots sia accommoc ate tie requirec bui cing setbacks anc easements 'or bat i roac 'rontages anc tie
sight distance triangle .
H . Lots shall not be less than thirty (30) feet in width at the front property lines.
I . Double frontage and reverse frontage lots shall not be permitted except where essential to provide separation
of residential properties from arterial streetsor commercial uses.
J . A flagpole lot configuration shall be avoided when passible. The minimum width of a flag lot appendage shall
be thirty (30) feet. This accez road shall be a minimum of twenty six ( 26) feet wide and clear of all
encumbrances and drained to provide adequate emergency access to the property. For access and culvert
information , see Chapter 8 of the Weld County Code, as amended.
SEC . 24- 3 - 70 . - POTABLE WATER SUPPLY STANDARDS . RESERVED .
A. Tie proposec subdivision sia provice an acequate water source anc sia comp y wits any requirements of
the underlying zone district.
8. Public Water Supply Systems.
1 . Specific public water supply criteria are detailed in the land division submittal requirements.
2 . Where a public water supply system is provided through a municipality, water district, water company
or association, tie app icant must provice evicence o' an- acequate water supp y ano abi ity to serve tie
anc division. ' a new pub is water supp y system is proposec , tie aip icant sna provice a certi'iec etter
kom tie State Engineer stating tTat proper water rig its nave been acquirec , or a proper nontributary
source is available for the future use, prior to approval of the land division . The public water supply
system shall be approved by the Colorado Department of Pu-blic Health and Environment Water Quality
Control Division . If the applicant cannot demonstrate approval of the public water supply system by the
Water Qua ity Contro Division because tie system coes not yet serve a minimum of twenty 'ive ' 25 ,
persons or fifteen ( 15 ) taps, tie app icant may submit a 2 cesign of tie system for review by tie County.
Suci cesign sia meet a requirements of tie Division of Water L}ua ity's New Pub is Water System
Capacity P anning (Vanua anc tie Design Criteria for Potab e Water Systems, ane sia be stampee by a
Colorado licensed engineer. The applicant shall pay a reasonable fee that covers the costs incurred by
the County in reviewing of the public water supply system design, which may include the costs of a
contracted engineer.
3 . Tie public water supp y systernsia contain mains anc atera sof su icient size anc number to provice
an adequate water service for each buildable lot and/or lots requiring water.
C. On site Potable Well Water Systems.
1 . ncivicua we water supp y criteria are cetai ec in tie Rura Sca c P annee Unit Deve opment submittal
requirements per Chapter 27, Article X of the Weld County Code, as amended.
2 . Subdivisions proposing to be servec by incivicua ua water we s or a community we system sia provice
a report, wiici sia contain a speci'ic section on grounc water geo ogy prepares by a qua Hec grounc
water professional or engineer registered in the State of Colorado for Feview by the Colorado
Department of Public Health and Environment, Colorado Geological Survey, Colorado Division of Water
Resources and any other applicable agency. The report shall include the following information:
a . Tie probabi ity o: success o' we s or on site supp y systems t iroug lout tie proposec subdivision .
b. The expected long term yield of such wells or systems.
c. Compliance with State statutes and regulations.
d . The expected depth to potable water.
c. The expected quality of the anticipated water.
Page 13 of 100
Draft Ord2023- 17 10/3/23
Any expectec si.gni:icant pro-b erns oz a ong term supp y, inc ucing but not imitec to, po ution or
long-term maintenance of such wells or systems.
The anticipated cumulative effect of such water use on other vested water rights in the area.
The report shall include such other information as required by the Planner, Environmental Health
Services, Planning Commisrsion or Board of County Commissioners.
an inoivicua we is proposeo to serve a sing e tie subdivider s la permit tie we prior
to sa e o' tie lot or s -a provide a dcee restrict-iop tiat as a cenc itioe of sa e of eac i lot, tiat tie we
facilities be permitted and installed by the purchaser of the lot.
SEC . 24- 3 -80 . - SEWAGE DISPOSAL STANDARDS .
A. The proposed subdivision shall provide an adequate sewage disposal method (onsite wastewater treatment
system (OWTS) or public sewer) and shall comply with any requirements of the underlying zone district. Lots
in Major Subdivisions require public sewer service.
B. If a subdivision lot or related community amenities will be served by a sanitation district, the management
component of the subdivision such as the Homeowners Association (HOA), shall be responsible for monitoring
and maintaining the on site sanitation district improvements .
C. If a subdivision lot or related community amenities will be served by on -site wastewater treatment systems,
the property owner or HOA Owners Association shall be responsible for monitoring and maintaining the
systems.
SEC . 24- 3 - 160 . - PUBLIC SITES AND OPEN SPACES DEDICATION OF ROAD RIGHT-OF-WAY .
A. Within a subdivision, the Board of County Commissioners may require the dedication, development or
reservation of outlot, or the placement of parks, riparian areas, trails, greenbelts, drainage features,
community amenities or other features nece&sary for public purposes. The type of use, lot size and residential
density shall be considered when determin-ing lots necessary for public purposes.
B. The land set aside for public purpose may be reserved on the plat, the maintenance of which shall be ensured
by specific ob igations in tie pat notes_ affecting tie subdivision.
A. Subdivisions and Planned Unit Developments shall dedicate right-of-way for public use for the internal
roadways providing access for the lots.
B. Dedication of right-of-way for adjacent or off-site roods shall be required on the subdivision plat, Planned Unit
Development, or separate document recorded prior to recording of the plat in the following circumstances:
1 . The publicly maintained road providing access to the subdivision or Planned Unit Development has less
than the required minimum right-of-way as described in Chapter 8, Article VIII, of this Code and based on
the classification of the road on the Transportation Plan Map in Appendix 8-O of this Code, or the
subdivision will require the reclassification of the publicly maintained road, as determined by the County
based on traffic estimated to be generated by the development, and the road has less than the required
minimum right-of-way for the new classification as described in Chapter 8, Article VIII , of this Code .
2. The publicly maintained road providing access to the subdivision or Planned Unit Development is
maintained by the Colorado Department of Transportation, a municipality, or another county, and it has
less than the required minimum right-of-way as determined by plans and regulations adopted by the
maintaining agency, or based on traffic estimated to be generated by the development. The requirement
for dedication of additional right-of-way shall be at the discretion of Weld County.
3 . The Transportation Plan Map in Appendix 8-O of this Code shows a future arterial or "arterial not
constructed" on or adjacent to the property. The design of the subdivision or Planned Unit Development
must incorporate planning for the future arterial' s location . No lots shall have direct access to an arterial .
Page 14 of 100
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SEC . 24- 3 - 190 . - GEOTECHNICAL REPORT REQUIREMENTS .
A. A p ans submitted 'or review sia be accompanies witi a Geotecinica Report containing in 'ormation on
the specific items herein . Where the submittal requirements in this Chapter require a Geotechnical Report, it
shall comply with this section . The Geotechnical Report shall address soils and geology and shall be prepared
by a Professional Engineer licensed to do business in the state or a professional engineer or geologist, as
defined in Section 23-41 -208, C. R .S.by Colorado Revised Statutes. The Report shall be properly certified and
signed by such professional . If any geotechnical items are addressed in other reports, this Report can refer to
those reports appropriately. The Department of Planning Services will send the Geotechnical Report to the
Colorado Geological Survey ( CGS) for review along with the draft subdivision map. Fees, as set by the CGS,
shall be collected at the time of application . Additional subsequent fees may be required by the CGS. The
applicant is responsible for all fees associated with the review of the Geotechnical Report by the CGS .
B. The purpose of the Sketch Plan Geotechnical Report is to determine the suitability of the site for development.
It is recognized that certain geologic interpretations cannot be firm or complete, at least in advance of grading
operations, but it is expected that all pertinent data will be presented fully and clearly, so that interpretations
and recommendations can be critically reviewed by others.
C. The Sketch Plan Geotechnical Report shall be in accordance with the following outline and contain the
information listed . Failure to comply with the provision of this Section may result in the report being rejected
for review.
[ 1 and 2, no change. ]
[D, no change. ]
E . The types, location, and value of mineral resources within the land to be subdivided should be described .
These include, but are not limited to, limestone used for construction, coal, sand, gravel, and quarry aggregate,
for which extraction by an extractor is or will be commercially feasible, or which is a deposit having significant
economic or strategic value to the County, State, or Nation . Any area known to contain a commercial mineral
deposit shall not be subdivided until such deposit is extracted, unless the Board of County Commissioners finds
that extraordinary environmental damage or public hazard would result - from such extraction .
[F, no change. ]
G. A Sketch Plan app ications wi be submittec to tie Co-oraco Geo •ogica Survey for review a ong wit i tie
requirec Geotec -pica Report. Fees as set =rom time to time by tie CGS-sna be co ectec by Me Department
of P arming Services at tie time tie Sketch Plan is submittec . Additiona fees may be requires by tie CGS; t 'ie
applicant is responsible for all fees associated with the geological review.
SEC . 24-3 - 200 . - STORM DRAINAGE REQUIREMENTS .
A. Drainage Narrative. The purpose of the drainage narrative is to provide a high-level overview description of
the on-site and off-site drainage patterns and impacts associated with the proposed subdivision . The narrative
is only applicable for land divisions meeting at least one ( 1 ) drainage exception listed in Section 8-11-40.1 . of
the Weld County Code and shall reference the drainage exception (s) that the site meets. The narrative shall
identify potential impacts to surrounding properties, irrigation ditches and existing infrastructure. The
narrative shall reference at least one ( 1) drainage exemption that the site meets per Section 8 11 40.1 . of the
Weld County Code, as amended .
B. Preliminary Drainage Report. The purpose of the Preliminary Drainage Report is to update the concepts and to
present the design details for the proposed drainage facilities .
1 . The Preliminary Drainage Report shall be prepared by a registered professional engineer Professional
Engineer licensed in the State of Colorado . The report shall be properly certified and signed by such
engineer.
2 . The Preliminary Drainage Report shall contain the minimum requirements detailed below :
a . Preliminary Drainage Report content shall include :
1 ) Description/Scope of Work.
Page 15 of 100
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2 ) Locations (county roads, section, township and range) .
3 ) Nearby water features and ownership.
4) Hydrological soil types/maps.
5) Reference to other existing master drainage plans affecting the subject property.
b. Hydrology and hydraulic analysis shall include :
1 ) Design storm/rainfall information ( NOAA, Atlas, or local data ) .
2 ) Hydrologic calculations ( historic and developed basins) .
3 ) Detention/WQCD calculations.
c. Construction Drawings shall include :
1 ) Engineering scale and north arrow.
2 ) Property lines, rights-of-way and easements.
3 ) One-foot contours and elevations (existing and proposed) .
4) Pre- and post-development drainage basins.
5 ) Arrows depicting flow direction .
C. Final Drainage Report. The purpose of the Final Drainage Report is to update the concepts and to present the
design details for the drainage facilities identified in a Preliminary Drainage Report.
1 . The Final Drainage Report shall be prepared by a registered professional engineer Professional Engineer
licensed in the State . The report shall be properly certified and signed by such engineer.
2 . The Final Drainage Report shall contain all information required with the Preliminary Drainage Report
along with the requirements detailed below. (Public Works The County may require additional
information, if necessary, to ensure the health, safety, and welfare of the general public.)
a . Final Drainage Report content shall include :
1 ) Weld County Case Number.
2) Certificate of Compliance signed and stamped by a Colorado Licensed PE .
3 ) Total acres vs. Developed acres.
4) FEMA Flood Zones.
5 ) A determination of whether the site is within an urbanizing Urbanizing or non-urbanizing
drainage area .
6) Base Design Standard used for permanent control measure design in the MS4 ( if applicable) .
7) Discussion of offsite drainage routing.
8) Conclusion statement indicating that the design will adequately protect public health, safety, and
general welfare and have no adverse impacts on public rights-of-way or offsite properties.
b . Hydrology and hydraulic analysis shall include :
[Insert new 1 ) and renumber.]
1 ) Design storm/rainfall information ( NOAA Atlas or local data ) .
1 ) Detention pond Release Rate Calculations.
2 ) Post construction site imperviousness.
[Insert new 4) and renumber.]
4) Hydrologic calculations ( historic and developed basins) .
3 ) Hydraulic calculations for proposed drainage improvements (swales, culverts, riprap, pond,
outlet, spillway, WQCV outlet, etc.) .
[Insert new 6) .]
6) Detention/WQCV calculations.
c. Construction Drawings shall include :
1 ) Stamped by P€ a Professional Engineer licensed to do business in the state .
Page 16 of 100
Draft Ord2023- 17 10/3/23
[Insert new 2 ) through 5 ) and renumber. ]
2 ) Engineering scale and north arrow.
3 ) Property lines, rights-of-way, and easements.
4 ) One-foot ( 1') contours and elevations (existing and proposed) .
5) Arrows depicting flow direction .
2 ) Time of concentration critical path .
3 ) Drainage design points.
4) Improvements labeled .
5 ) Permanent control measure and associated drainage features labeled 'No Build/No Storage',
include design volume .
6 ) Cross sections for open channels, profiles for pipes .
7) Elevations for inverts, flow lines, top of grates, orifice(s), etc.
8) Pipe specs (size, material, length, slope ) .
9) Outlet and spillway details.
d . Maintenance Plan :
1 ) Frequency of onsite inspections.
2) Repairs, if needed .
3 ) Cleaning of sediment and debris.
4 ) Vegetation maintenance .
5 ) Manufacturer maintenance specifications, if applicable .
e . Other Required Documents, if applicable .
1 ) Any other pertinent information deemed necessary by Public Works Planning Services.
2) Variance Request and documentation - explain hardship, applicable code section, and proposed
mitigation . (Variances will not be granted for the Base Design Standard requirement in the MS4 . )
SEC . 24- 3 - 220 . - TRAFFIC IMPACT ANALYSIS REQUIREMENTS .
Traffic impact studies shall be submitted as described in Section 8.1 of Appendix 8-Q of this Code.
A Traffic Impact Analysis is required to analyze the effects of a proposed development or other land use action
on the transportation system in order to determine if adequate public facilities exist to serve the proposed
development, and to clearly identify any improvements required to mitigate the impacts on the transportation
system.
A. Traffic Impact Study Area : Traffic impacts shall be analyzed within the traffic impact area. The
cetermination a' a tra'ic impact area is cone on a case 3y case basis; -owever, at a minimum tnie imits
of the study should include:
1 . Internal roads.
2 . Adjacent roads.
3. Access locations and or new intersections.
4 . Off site roads to the nearest paved County collector or arterial road or state highway.
S . Off site roads where traffic from the proposed development or land use action will account for at
least 20% of the average daily traffic upon build out.
6. Off site intersections where traffic from the proposed development or land use action :
a. Contributes a 10% impact o' t nie pea-c lour traffic on any approac i eg o: an intersection w sere
the intersection is operating at a level of service ( LOS) C or better upon build out.
b. Contributes 5% impact of the peak hour traffic on any approach leg of an intersection where the
intersection is operating- at a LOS C or worse upon build out.
Page 17 of 100
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c. Impacts a specific turning movement that currently does not have an auxiliary turn lane by at
least 5O% of the peak hour volume warrant for an auxiliary turn .
B. Traffic Narrative:
1 . Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups,
Tandem Trucks, Semi Truck/Trailer/RV (Roundtrip one ( 1) trip in and one ( 1 ) trip out of site).
2. Describe the expected travel routes or haul routes for site traffic.
3. Describe the travel distribution along the routes (i .e. 5O% of traffic will come from the north, 2O%
from the south, 3O% from the test, etc.).
4 . Describe the time of day that you expect the highest traffic volumes.
C. Traffic Impact Study (TIS) A full TIS is required for any proposed dovelopment or land zoned Commercial
or noustria , any resicentia subcivision greater tiara n-ine {9) et-s, or wien cet-erminec necessary by
Public Works. The TIS should address impacts to on site and off site roadways and highways within the
County and shall be prepared, stamped, and signed by a professional engineer licensed in the State of
Colorado. The TIS shall include, at a minimum, the following:
1 . Describe the traffic impact area, including at a- minimum those elements described in the traffic
impact study area section .
2 . A location map showing the development site, the boundaries of the traffic impact area, and all roads,
intersections, bridges or other roadway structures in the traffic impact area.
3. Define the following study horizons for the Full Traffic Impact Study : The existing (current), short
range, and long range horizons.
a . Existing Horizon : The intent is to establish a baseline traffic condition.
b. Short Range Horizon : The intent is to evaluate the immediate impacts of the project on the
transportation system. The short term horizon year is defined as the point of full buildout of the
proposed development or land use action. If the project is proposed to occur over multiple
plases, tie impacts sia be ana yzed at tie point o: 711 bui cout o= eaci prase. In no case 513
the short range horizon exceed five (5) years.
c. Long Range Horizon : The intent is to evaluate the impacts of the fully developed project in the
context of regional transportation planning efforts. The long term impacts are analyzed as of the
ene o' tle current egiona Transportation P an 2O year p anning iorizon.
4 . Identify the existing, approved, and proposedland uses within the traffic impact area .
5. Describe existing traffic conditions within the traffic impact area, including average daily traffic
volumes for roadways and a.m. and p.m. peak hour counts and levels of -service for intersections,
measured over seventy two (72) hours.
6. For short range traffic projections, provide references, calculations and data sources for all trip
generation estimates. The trip generation results shall be shown in a table with the following
information :
a. Land Use.
b. Unit of Measurement (for example, per dwelling unit, per 1,000 square feet, et cetera).
c. Total number of units.
d. Trip generation rates per unit for average daily traffic and peak hour volumes.
e. Total number of trips generated for average daily traffic and a.m . and p.m . peak hours, measured
over seventy two (72) hours.
7 . Short range and long range traffic protections must also +ncl e forecasts for the growth in
background traffic.
8. Provide trip distribution estimates for the roads and intersections in the traffic impact area.
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9. Present the volumes for short-range and long range traffic including the projected traffic for the
proposed development or land use action for the a .m . and p.m . peak hour and average daily
concitions. These vo umes muss inc uce turn rnovemen:s at in-ersec ion as we as vo umes 'or roacs
in the traffic impact area .
10. Ana yze tie acequacy of tie transportation system to land e tie projectec traffic for slog range anc
song range p anning years. Key e emend in tiis ana ysis siou c inc uce:
a . Generalized daily traffic volume level of service for roadways.
b. Intersection levels of service for a .m . and p.m . peak hours.
c. The appropriateness of acce% locations and if necessary, a traffic signal warrant analysis.
d. The need for auxiliary lanes (turn lanes, deceleration and acceleration lanes), including
explanations of how acceleration/deceleration lengths, storage lengths, and taper lengths were
determined .
e. Sight distances.
11 . Provide a summary of conc4usions and recommendations from the Full Traffic Impact Study, including
at least the following items:
a . A summary isting of traffic impacts 'rom tie proposec ceve opment on existing anc proposed
macs and intersections within tie traffic impact area.
b. A summary listing of the improvements needed to assure adequate service and safety levels on
the roadway system affected by the proposed development. identify and describe each proposed
improvement, how and when it will be funded, and expected completion dates.
12 . Any reasonable additional information - deemed necessary for review special considerations.
SEC . 24-3 - 230 . - COMPATIBILITY .
The density, intensity, design, and location of land uses of a subdivision or Planned Unit Development shall be
designed to be compatible with other uses within and adjacent to the subdivision or Planned Unit Development.
SEC . 24- 3 - 240 . - BUFFERS .
A. A buffer is a transitional area between two (2) or more land uses of different intensity, density, or compatibility.
Differing land uses shall be adequately buffered to make the development harmonious with the surrounding
active and passive uses. A combination of physical separation, landscaping, berming, screening, fencing, and
other nuisance mitigation measures may be employed to reduce potential conflicts between differing land
uses, both within a subdivision boundary and from existing surrounding land uses outside of the subdivision. A
buffer may include transitional, less intense uses, or be provided by landscaped outlots and/or easements.
Proposed buffering is subject to review and approval by Weld County.
B. No residential lots in subdivisions or Planned Unit Developments shall be located : Commented [JF12]:
1 . Within one hundred ( 100) feet of railroad, highway, arterial, or collector road right-of-way. This provision
shall not apply where such lots contain a no-build easement not less than one hundred ( 100) feet in width
along the property line nearest the railroad, highway, arterial, or collector road right-of-way.
2 . Within two hundred (200) feet of an established industrial use or property zoned for industrial uses, unless
separated by a smaller buffer outlot with adequate landscaping to mitigate impacts from the industrial
uses.
3 . Within two hundred ( 200) feet of a high-pressure natural gas pipeline with a diameter of twelve ( 12) inches
or more unless a greater distance is specified by an easement agreement.
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SEC . 24-3 - 250 . - COMMON OPEN SPACE .
The area of common open space provided in a Major Subdivision filing shall be a minimum of twenty percent
(20%) of the total subdivision filing area unless a greater common open space standard is prescribed in an
intergovernmental agreement in Chapter 19 of this Code, overlay district of Article V of Chapter 23, or County-
adopted subarea plan . Common open space shall be designed for recreational, scenic, and stormwater management
purposes and shall be located on outlots owned and maintained in perpetuity by the Owners Association . Common
open space design is subject to review and approval by Weld County.
SEC . 24- 3 - 260 . - LANDSCAPING STANDARDS .
Landscaped areas and buffers provide visual relief and may afford property owners some protection from the
adverse effects of adjoining land uses, helping to mitigate nuisances and conflicts between adjacent land uses or
between roads and other land uses. The landscaping of public and private areas within a subdivision shall enhance
and complement the site 's natural characteristics and scenic features. Major Subdivisions shall include landscaping
design, subject to review and approval by Weld County, and shall be included as part of a Subdivision Development
and Improvements Agreement per Section 24-2-40 of this Chapter. Landscaping proposals shall adhere to the
criteria detailed in Section 24-4-330 of this Chapter.
SEC . 24- 3 - 270 . - NATURAL SITE CONSTRAINTS .
Natural site constraints shall be identified and integrated into the design of a subdivision or Planned Unit
Development and may be utilized for buffering or common open space . These areas should be left unimproved to
the extent feasible. These areas may or may not allow public access.
ARTICLE IV - MAJOR SUBDIVISION PLANNED UNIT DEVELOPMENT .
SEC . 24-4 - 10 . - OVERVIEW REQUIREMENTS AND PROCEDURE .
Refer to Chapter 27 of the Weld County Code, as amended, for Planned Unit Development ( PUD) submittal
requirements and procedure. The PUD shall adhere to the Subdivision General Provisions, Conformance Standards
and SubcUvisian Design Standards per Chapter 24, Articles I, II and III of the Weld County Code, as amended .
A. The Major Subdivision process allows for development within three (3) miles of a municipality with urban-scale
services, including, but not limited to, public water, public sewer, on-site storm drainage improvements, and
common open space. Major Subdivisions may have any number of lots and may contain multiple zone districts.
B. A Major Subdivision may be developed in one ( 1 ) or more filingslr A filing is an individual plat of a portion of the Commented [JF14]: We left phasing language to the
overall development shown on the Preliminary Plan . A separate Major Subdivision Final Plan application is agreement. We don't require the prior phases/filings to be
in compliance in order to file additional filings.
required for each filing. No building permits shall be issued until the improvements are constructed and
accepted per the terms of the Subdivision Development and Improvements Agreement per Section 24-2-40 of
this Chapter.
C. A Major Subdivision is a two or three-step review and approval process involving the following:
1 . Sketch Plan . The Sketch Plan, as described in Section 24-4-100 below, is the first step of a Major
Subdivision and is administratively processed . No surrounding property owner notification, hearings, or
recorded map is associated with a Sketch Plan application . The purpose of the Sketch Plan is for the
Planner and referral agencies to comment on the proposal prior to detailed engineering and design . The
Sketch Plan will provide a detailed evaluation of the proposal in relation to compliance with the
Comprehensive Plan and Weld County Code requirements that must be addressed in order to move
forward with the subdivision review.
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2. Preliminary Plan and Change of Zone. The Preliminary Plan, as described in Section 24-4-210 below, is the
second step of a Major Subdivision, if a Change of Zone is required, and shows the draft layout of the site.
These applications shall be processed after the Major Subdivision Sketch Plan application and before the
Major Subdivision Final Plan application . The Preliminary Plan is not recorded .
3 . Final Plan . The Final Plan, as described in Section 24-4-300 below, is the third step of a Major Subdivision
and accounts for the right-of-way, utility, and development design and final platting. A Major Subdivision
may be permitted by a single application or by multiple Final Plan applications that correspond to distinct
filings of the development.
SEC . 24-4 - 20 . - STANDARDS .
The Major Subdivision is subject to the following criteria :
A. The property to be divided by the Major Subdivision shall be located within three (3) miles of a municipal
boundary .
B. The property to be divided by the Major Subdivision shall be comprised of legal lots A certificate of
conveyances or chain of title report may be required in order to verify a lot of less than thirty-five (35) acres is
a legal lot. Such certificate or report shall be issued by a title insurance agency, agent, or company registered
with the state and provide copies of deeds for the subject property beginning with the most recent deed
recorded prior to August 30, 1972, and every deed recorded thereafter.
C. Lots that are part of a Historic Townsite, Planned Unit Development, Resubdivision, or Major or Minor
Subdivision shall not be further divided by a Major Subdivision .
D. The Major Subdivision may be allowed in any zone district included in Chapter 23, Article III , of this Code,
excluding the A (Agricultural) and PUD ( Planned Unit Development) zone districts. A Sketch Plan application
may include land zoned A (Agricultural ), but a Final Plan may not.
E . The Major Subdivision shall comply with Article I , General Provisions, Article II, Conformance Standards, and
Article III , Subdivision Design Standards, of this Chapter.
F. At least one ( 1 ) of the proposed roads within the subdivision shall intersect a publicly maintained road.
G . No subdivision shall contain any access easements except for the following :
1 . Pre-existing access easements for nonresidential purposes such as ditch maintenance roads or oil and gas
facility access roads.
2. Access easements solely for the use of emergency services.
H . All lots other than outlots shall comply with the underlying zone district requirements per Chapter 23, Article
III , of this Code . The Major Subdivision shall not create or increase any nonconformity relating to the zone
district bulk requirements.
I . An Owners Association is required and shall be managed by the property owners within the Major Subdivision .
1 . The Owners Association shall be created and all necessary documents recorded prior to recording of the
plat.
2 . All outlots shall be dedicated to the Owners Association on the plat and a deed conveying all outlots to
the Owners Association shall be provided to the Department of Planning Services for recording with the
plat. All outlots shall be owned by the Owners Association in perpetuity.
3 . The Owners Association shall maintain in perpetuity all outlots and all landscaping outside of buildable
lots in a neat, clean, and healthy condition, including removal of litter and weeds, mowing, fertilizing,
watering, proper pruning, and replacement of diseased and/or dead plants within one ( 1) calendar year
or within the next growing season, whichever comes first.
4. All internal road rights-of-ways shall be maintained by the Owners Association in perpetuity.
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SEC . 24-4 - 30 . - APPROVAL CRITERIA .
A Major Subdivision shall :
A. Be compatible with existing surrounding land uses,
B. Comply with the standards detailed in this Article IV,
C. Be consistent with the Comprehensive Plan found in Chapter 22 of this Code and any County-approved future
development plans for the area, and
D. Address to the satisfaction of the Board of County Commissioners the requests and concerns of any referral
agency or mineral interest.
SEC . 24-4 - 100 . - SKETCH PLAN PROCEDURE .
The purpose of the Sketch Plan is for the Planner and select referral agencies to comment on the development
proposal prior to detailed engineering and design . The Sketch Plan review will include a meeting to evaluate the
proposed development for compliance with the Weld County Code, any other applicable referral agency
requirements, and to identify areas of potential concern . Following the Sketch Plan review meeting, the applicant
will be supplied with a memorandum that will include a list of issues to address on subsequent applications.
A Sketch Plan application shall be processed according to the following procedure :
A. Prior to submitting a Sketch Plan application, the applicant may choose to submit a pre-application request
form and meet with the Department of Planning Services to discuss the proposal .
B. When a Sketch Plan application package is submitted to the Department of Planning Services for review, the
Planner shall have the responsibility of ensuring that all application submittal requirements are met prior
processing the application . Only complete applications will be accepted . Upon determination that the
application is complete, the non-refundable application fee shall be paid .
C. Once the Sketch Plan application is deemed complete and the fee paid, the Planner shall schedule a Sketch
Plan review meeting with the applicant and invite relevant referral agencies to the meeting as the Planner
deems necessary. Referral agencies are encouraged to provide written comments. The Planner shall review
the application for compliance with all applicable regulations contained in the Weld County Code.
D. Following the Sketch Plan review meeting, the Planner will prepare a memorandum within thirty ( 30) days that
includes the following components : Sketch Plan review meeting minutes, referral agency comments, review of
the Sketch Plan with a list of issues to address, and instructions for proceeding with the Preliminary Plan and
Change of Zone applications. Other issues not identified in the memorandum may be identified in subsequent
submittal reviews.
E . No permit, plan, or resolution is recorded as part of the Sketch Plan procedure . The memorandum will be kept
on file with the Department of Planning Services.
SEC . 24-4- 110 . - SKETCH PLAN SUBMITTAL REQUIREMENTS .
The following Sketch Plan application items shall be submitted electronically in . pdf format to the Department
of Planning Services:
A. Application Form .
B. Authorization Form, if applicable .
C. Deed identifying the surface estate ownership in the property.
D. Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the corporation 's
behalf, or trustee documents if the owner is a trust.
E . Sketch Plan Questionnaire as required in the application packet.
F. Sketch Plan Map including the information required in the application packet.
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G . ALTA survey of the property not more than two (2) years old .
H . A Geotechnical Report prepared in compliance with the requirements of Section 24-3-190 of this Chapter,
including a mineral resource ( hard rock, sand, gravel, ore, minerals, aggregate, and oil and gas) statement. The
Geotechnical Report, Colorado Geological Survey Submittal Form, and associated review fee will be forwarded
to the Colorado Geological Survey (CGS) for review.
I . Water Supply Documentation . A can-serve letter from a district, association , or municipality that demonstrates
that the district, association, or municipality has sufficient capacity and infrastructure to serve the proposed
development. Also provide evidence of existing potable water source on the property, if any.
J . Sewage Disposal Documentation . A can-serve letter from a public sewer provider.
K . Preliminary Drainage Report, in accordance with Section 24-3-200 of this Chapter. Commented [JF18]: @Dawn Anderson I
L. Preliminary Traffic Impact Analysis, in accordance with Appendix 8-Q of this Code.
M . Notice of Inquiry ( NOI ) form provided by the Department of Planning Services, signed by an official of the
applicable municipality, demonstrating that the municipality does not wish to annex, if the property is located
within an intergovernmental agreement area and if required by the agreement, as adopted in Chapter 19 of
this Code.
N . Application fee.
O. Any other items deemed necessary by Weld County staff.
SEC . 24-4 - 200 . - CHANGE OF ZONE .
A. A Change of Zone, if required, shall be processed after the Sketch Plan and prior to a Final Plan application
submittal and in accordance with Chapter 23, Article II, Division 1, of this Code.
B. In the event a Change of Zone application, if required, has not been submitted within one ( 1 ) year of the date
of the Sketch Plan memorandum, a new Sketch Plan application may be required prior to submittal of the
Change of Zone application .
C. A Final Plan shall not be submitted prior to recording of the Change of Zone plat, if applicable.
D. If the Change of Zone application is denied, the applicant may not proceed with the Final Plan application .
E . A Major Subdivision Change of Zone application may contain multiple unique zone districts, found in Chapter
23, Article III , of this Code, each with a surveyed metes and bounds description in separate, lettered tracts
depicted on the Change of Zone plat. No proposed internal lots shall be shown on the Change of Zone plat.
F. A Preliminary Plan shall be submitted with the Change of Zone application, if required, in accordance with
Section 24-4-210 below.
G . Prior to submitting the Change of Zone application per Chapter 23, Article II , Division 1, of this Code, the
applicant shall submit the following documents electronically in . pdf format to the Department of Planning
Services:
1 . A contractual guarantee or suitable alternative, such as a draft or preliminary water service agreement,
from the public water provider to serve the proposed subdivision. The documentation shall demonstrate
that the water quality and quantity are sufficient to meet the requirements of the uses within the
subdivision. Documentation shall address the primary conditions of service including payment of tap fees,
extension of pipelines and other water service facilities, dedication of water rights, etc., and all
requirements detailed in Section 29-20-304, C.R .S. The guarantee and supplemental documentation shall
be reviewed and determined sufficient by the Weld County Attorney's Office prior to acceptance of the
application .
2. A contractual guarantee or suitable alternative from the public sanitation provider to serve the proposed
subdivision . The guarantee and supplemental documentation shall be reviewed and determined sufficient
Page 23 of 100
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by the Weld County Attorney's Office prior to acceptance of the Change of Zone application . The applicant
shall include the estimated total number of gallons per day of sewage to be treated .
3 . A statement that addresses any concerns identified in the Sketch Plan Memorandum with an explanation
of how the issues have been or will be addressed or resolved .
4. Written correspondence between the applicant and representative of the area utility service providers
that demonstrates there are adequate utility provisions available to serve the development. A letter of
agreement between the subdivider and utility serving the site shall be deemed sufficient to establish that
adequate provision for electric and, if applicable, natural gas service to a proposed subdivision has been
made.
SEC . 24-4 - 210 . - PRELIMINARY PLAN SUBMITTAL REQUIREMENTS .
A Change of Zone, if required, shall be accompanied by a concurrent Preliminary Plan application in accordance
with this section, in addition to those items required for the Change of Zone per Chapter 23, Article II, Division 1, of
this Code. Following the Pre-Application meeting and acceptance of the items detailed above, the applicant may
submit a complete application electronically in . pdf format. The following application items are required :
A. Change of Zone application, per the requirements in Section 23-2-50 of this Code.
B . Preliminary Plan including the information required in the application packet. The Preliminary Plan may show
multiple filings although each Final Plan will be an individual filing.
C. Preliminary Landscape Plan prepared according to Section 24-4-330 below for common areas.
D. Preliminary construction plans, including, but not limited to, stormwater management design per the
Preliminary Drainage Report provided with the Sketch Plan .
E . Mineral estate interest contact information and written certification required by Section 24-65 . 5-103.3, C.R .S.,
if applicable. Such certification may be submitted on or before the date of the initial public hearing referred to
in Section 24-65 .5-103( 1), C. R.S.
F. Preliminary agreement with the school district for land dedication or cash-in-lieu payment that satisfies the
requirements in 30-28-133 (4)(a) and (4.3 ), C. R .S.
G . Draft Declaration of Covenant, Conditions, and Restrictions (CC&Rs) to be adopted for the subdivision. ' Commented [JF19]: Could require the CC&Rs to address
H . A title product, sometimes referred to as a "preliminary title report" or an "informational commitment," issued who is responsible for maintenance of periphery fencing
and fences on lot lines of outlots.
by a title insurance agency, agent, or company registered with the state, that includes a legal description and
date of the report (typically on "Schedule A" ) and a list of exceptions (typically on "Schedule B" or "Schedule
B-2") .The title product shall be dated no more than thirty ( 30) days prior to submittal .
I . Application fee.
J . If a community meeting is held, provide a sign-in sheet, minutes, and summary.
K . Any other items deemed necessary by Weld County staff.
SEC . 24-4- 300 . - FINAL PLAN PROCEDURE .
The purpose of the Final Plan is to plat the lots, rights-of-way, utilities, and features that will compose the
proposed development. The Major Subdivision Final Plan shall substantially conform to the accepted Preliminary
Plan, if required . The Major Subdivision Final Plan application shall be processed according to the following
procedure:
A. Prior to submitting a Final Plan application, the applicant shall complete the pre-application requirements
detailed in Section 24-4-310.A below .
B. The Final Plan shall be processed after acceptance of the Preliminary Plan and recording of the Change of Zone
plat, if applicable.
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C. A Final Plan application, prepared in accordance with Section 24-4-310. B, shall be submitted to the Department
of Planning Services within three (3) years of the date of the Sketch Plan memorandum or a new Sketch Plan
application may be required .
D. Once the Final Plan application is deemed complete and the fee paid, the Department of Planning Services
shall send the application to relevant referral agencies for review and comment as the Planner deems
necessary. A list of referral agencies is in Appendix 23-G of the Weld County Code . The referral agencies shall
be given twenty-eight (28) days to respond from the date of notice. The failure of any agency to respond within
twenty-eight ( 28) days may be deemed a response with no concerns. All referral agency review comments are
considered recommendations to the County. The authority and responsibility for approval or denial of a Major
Subdivision Final Plan application rests with the County.
E . The Planner shall prepare a staff recommendation within sixty (60) days of receipt of a complete application.
The staff recommendation shall address all aspects of the application, including referral agency comments,
surrounding property owner comments, and approval criteria, as detailed in Section 24-4-30 of this Chapter.
F. The applicant may withdraw the Final Plan application at any point in the process before the Board takes
action . Withdrawal requests shall be submitted in writing to the Department of Planning Services and shall be
signed by the property owners or their authorized agent.
G . The Department of Planning Services shall schedule review of the Utility Plan on the first available Utilities
Coordinating Advisory Committee meeting prior to the Planning Commission hearing. The Utilities
Coordinating Advisory Committee shall review the Utility Plan for compliance with Section 24-3-60 of this
Chapter.
H . The Department of Planning Services shall schedule the Planning Commission and the Board of County
Commissioners public hearings . Legal notice, posting, and surrounding property owner notification of the
hearings shall be concurrent.
I . Prior to the Planning Commission hearing, sign posting, legal publication, and surrounding property owner
notification shall be required, as follows :
1 . The Department of Planning Services shall post a sign with ease information on the property under
consideration . The sign shall be posted adjacent to, and visible from, a publicly maintained road right-of-
way. The Department of Planning Services shall certify that the sign has been posted ten ( 10) days
preceding the Planning Commission hearing date, evidenced with an affidavit and photograph .
2. The Clerk to the Board shall arrange for legal notice of the hearings 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 Planning Commission hearing.
3 . The Department of Planning Services shall give notice of the Final Plan and the public hearing dates to
those persons listed in the application as owners of property located within five hundred (500) feet of the
subject property. Such notification shall be mailed, first-class, not less than ten ( 10) days before the
Planning Commission hearing. Inadvertent errors by the applicant in supplying such list, or the
Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the
hearing process, even if such error results in the failure of a surrounding property owner to receive such
notification .
4. The Department of Planning Services shall give notice of the Final Plan and the public hearing dates to
those persons listed in the application as lienholders of the subject property. Such notification shall be
mailed, first-class, not less than ten ( 10) days before the Planning Commission hearing. Inadvertent errors
by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall
not create a jurisdictional defect in the hearing process, even if such error results in the failure of a
lienholder to receive such notification .
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J . The Planning Commission shall consider all aspects of the application, including, but not limited to, the staff
recommendation, referral agency responses, the application case file, and testimony presented at the public
hearing. The Planning Commission shall recommend approval of the request unless it finds that the applicant
has not met one ( 1 ) or more of the approval criteria, as detailed in Section 24-4-30 of this Chapter.
K . The Board of County Commissioners shall consider all aspects of the application, including, but not limited to,
the recommendations of the Planning Commission and Planning Staff, referral agency responses, the
application case file, and testimony presented at the public hearing. The Board shall approve the request unless
it finds that the applicant has not met one ( 1) or more of the approval criteria, as detailed in Section 24-4-30
of this Chapter. The Board shall adopt a resolution of approval or denial . If the Final Plan is denied by the Board
of County Commissioners, refer to Section 2-3-10, Previously denied applications for land use matters, of the
Weld County Code .
L. If approved, and upon completion of the conditions of approval, including recording of the Subdivision
Development and Improvements Agreement per Section 24-2-40 of this Chapter and acceptance of the draft
plat by the Department of Planning Services, the signed and notarized plat and deed conveying all outlots to
the Owners Association shall be submitted for recording with the recording fee to the Department of Planning
Services.
M . The Department of Planning Services shall submit the plat and deed to the Weld County Clerk and Recorder
for recording.
N . The Final Plan is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder.
O. No development, including grading, shall commence prior to recording of a Subdivision Development and
Improvements Agreement and final plat.
SEC. 24-4 -310 . - FINAL PLAN SUBMITTAL REQUIREMENTS .
A. Prior to submitting a Final Plan application, the applicant shall submit the following documents electronically
in . pdf format and meet with the Department of Planning Services to discuss the proposal .
1 . Pre-application Meeting Request Form .
2. An executed water service agreement with the public water provider to serve the proposed subdivision.
The agreement shall demonstrate that the water quality and quantity are sufficient to meet the
requirements of the uses within the subdivision. Documentation shall address the primary conditions of
service including payment of tap fees, extension of pipelines and other water service facilities, dedication
of water rights, etc., per the requirements detailed in Section 29-20-304, C.R.S. The agreement and
supplemental documentation shall be reviewed and accepted by the Weld County Attorney's Office prior
to acceptance of the Major Subdivision Final Plan application . If the water service agreement expires prior
to the Board of County Commissioners hearing, the applicant is responsible for providing an updated
agreement prior to the hearing.
3 . An executed sanitary sewer service agreement from the public sewer provider to serve the proposed
subdivision. The agreement and supplemental documentation shall be reviewed and accepted by the
Weld County Attorney's Office prior to acceptance of the Major Subdivision Final Plan application . If the
sewer service agreement expires prior to the Board of County Commissioners hearing, the applicant is
responsible for providing an updated agreement prior to the hearing.
4. A recorded agreement with mineral owners associated with the subject property, if applicable. Such
agreement shall stipulate that the oil and gas activities on the subject property have been adequately
incorporated into the design of the subdivision . Alternatively, the applicant shall provide written evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject
property.
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B. Following the Pre-Application meeting and acceptance of the items detailed above, the applicant may submit
a complete Final Plan application electronically in . pdf format. The following Final Plan application items are
required .
1 . Application Form .
2. Authorization Form, if applicable .
3 . Deed identifying the surface estate ownership in the property.
4. Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the corporation 's
behalf, or trustee documents if the owner is a trust.
5 . A narrative addressing all concerns identified in previous reviews and/or hearings and any changes from
the Preliminary Plan, if applicable .
6. Construction schedule showing the approximate dates when construction of the development is proposed
to start and finish . This shall include detailed stages in which the infrastructure and community amenities
will be constructed .
7. A statement describing the method of financing for the development. The statement shall include the
estimated construction cost and proposed method of financing of the infrastructure construction ,
including, but not limited to, street and related facilities, water distribution system, sewage collection
system, floodplain protection, stormwater management facilities, and such other facilities as may be
necessary.
8. Draft of a deed conveying all outlots to the Owners Association after the Final Plat is recorded .
9. Draft Final Plat prepared according to the plat requirements per Section 24-4-320 below.
10. Utility Plan with list of utility service providers and their contact information .
11 . Existing Site Conditions Map. Show and label the physical characteristics and natural site constraints of
the property and existing on -site structures, oil and gas facilities, irrigation equipment, ditches, or laterals,
utility lines, natural gas or oil pipelines, overhead lines, railroads, etc.
12 . Site Improvements Plan . Show and label the anticipated amenities, including, but not limited to, mailbox
pedestals, development identification signs, bus stop shelters, parks, common open space, and
conservation areas, if any. For all improvements to be managed by the Owners Association, include an
installation schedule.
13 . Lighting plan, if applicable, with photometric plan, cut sheets of all proposed lights, lumens, and bulb type.
14. Landscape Plan prepared according to Section 24-4-330 below for common areas. The Landscape Plan
shall be included as a separate sheet in the Final Plan map set.
15 . Phasing Plan, if applicable .
16 . Final Drainage Report, in accordance with Section 24-3-200 of this Chapter.
17. Final Construction Plans. Final, accepted construction plans signed and stamped by a Professional
Engineer licensed to do business in the state shall be required prior to recording the plat.
18. Final Traffic Impact Study, in accordance with Appendix 8-Q of this Code .
19 . Mineral estate interest contact information and written certification required by Section 24-65 .5-103 .3,
C. R .S., if applicable and if not previously provided with a Change of Zone/Preliminary Plan . Such
certification may be submitted on or before the date of the initial public hearing referred to in Section 24-
65 .5- 103( 1 ), C. R .S.
20. An agreement with the school district for land dedication or cash-in-lieu payment that satisfies the
requirements in Sections 30-28-133 (4)(a) and (4.3), C.R .S . A copy of the executed agreement or receipt
for paid cash -in-lieu will be required as a condition of approval .
21 . Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to be adopted for the subdivision .
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22 . A signed buffer report and affidavit of the names, addresses, and parcel numbers of the surrounding
property owners within five hundred (500) feet of the subject property. The buffer report shall be
prepared no more than thirty (30) days prior to submittal .
23 . A title product, sometimes referred to as a "preliminary title report" or an "informational commitment,"
issued by a title insurance agency, agent, or company registered with the state, that includes a legal
description and date of the report (typically on "Schedule A") and a list of exceptions (typically on
"Schedule B" or "Schedule B-2") .The title product shall be dated no more than thirty (30) days prior to
submittal .
24 . A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the
subject property. The Statement shall be from the previous tax year.
25 . Application fee.
26. Any other items deemed necessary by Weld County staff.
SEC. 24-4 -320 . - FINAL PLAT REQUIREMENTS .
A. The Major Subdivision Final Plat shall substantially conform to the accepted Preliminary Plan, if required, the
Major Subdivision Final Plan, and the conditions of approval .
B. The Final Plat shall comply with Section 24-2-70 of this Chapter as well as the requirements of this Section 24-
4-320. The following shall be included on the Major Subdivision Final Plat:
1 . Metes and bounds legal description of the subject property with closure statement and total acreage of
the subdivision. The exterior boundary of the subdivision and boundaries of all lots and outlots shall have
a closure accuracy of one-hundredth (0.01 ) foot.
2 . A land use table that details the total number and total acreage of lots, outlots, and blocks, total acreage
of road rights-of-way, total number of dwelling units for residential lots, dwelling unit density per acre,
floor area ratio for commercial or industrial lots, and total acreage of each different land use area .
3 . Blocks numbers shall be shown and labeled in ascending numerical order beginning with "Block 1 ." Lot
numbers in each block shall be shown and labeled in ascending numerical order beginning with "Lot 1 ."
Outlots shall be shown and labeled alphabetically starting with "Outlot A." All lots and outlots shall be Commented (JF20J :
labeled with their areas in square feet and acreage to the nearest one- hundredth (0.01 ) of an acre, or a "31.4O:437d43.1
e` ard""'
table with areas shall be provided .
4. Transportation . The transportation network, internal connectivity, and external connections to existing, Commented [JF21 ]: @Dawn Anderson: Something about
publicly maintained roads shall be shown and labeled, including, but not limited to, the location, names, existing accesses (to be closed )? Minor same.
widths, and centerlines of all existing and proposed rights-of-way. For existing rights-of-way, the physical
location of the road and right-of-way creation documentation shall be included . Road rights-of-way shall
be dedicated to the public in accordance with Section 24-3-160 of this Chapter. Sidewalks, curbs, and
gutters within with the subdivision shall be shown on a typical cross-section on the plat.
SEC . 24-4 - 330 . - LANDSCAPE PLANS .
A. The minimum standards of this Section 24-4-330 shall apply to the development of all common areas within
subdivisions unless a more restrictive standard is prescribed in an intergovernmental agreement, overlay
district, or subarea plan . These standards do not apply to on-site landscaping of single-family residential lots
but may be utilized for guidance. Landscaping of multifamily, commercial, industrial, or mixed-use sites will be
addressed during the relevant development permit review.
B. Landscaping shown on the approved Landscape Plan shall be installed within one ( 1) year of the issuance of
the first building permit in the filing. Upon completion of the installation of the landscaping, the Department
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of Planning Services shall determine the landscape complies with all requirements of the accepted Landscape
Plan .
C. A Landscape Plan shall be required for all Major Subdivisions subject to the provisions of these requirements.
The following requirements shall be included in a Landscape Plan :
1 . A Landscape Plan shall be prepared by a registered landscape architect, landscape contractor,
nurseryman, or design professional . Such plans shall be fully dimensioned .
2. Landscape Design Statement. The Landscape Plan shall include a brief summary of the project, the
elements to be included, and calculations of the project's maximum water allowance and estimated
applied water use .
3. Planting Elements. The Landscape Plan shall identify the location, spacing, number, and container size of
all plant materials, including common and botanical names. The planting plan shall be drawn on project
base sheets in a clear and legible fashion in accordance with the guidelines for this section .
4. Hardscape Elements . The Landscape Plan shall identify hardscape elements including stone and rock
cover, mulched areas, pavers, water features, walkways, etc.
5 . Irrigation Plan . The irrigation plan shall identify all components of the irrigation system drawn on project
base sheets in a clear and legible fashion in accordance with the guidelines for this section . Evidence of a
viable water source for irrigation shall be submitted .
D. The following foundational standards shall be included in the design of all Landscape Plans.
1 . All landscaped areas shall maximize the use of native species to the extent feasible . Where native plant
material is not appropriate for the intended use or appearance, plant species that are regionally adapted
and non -invasive shall be used .
2 . The development shall utilize drought-tolerant landscaping techniques to avoid excessive water demands
while ensuring high quality landscape design .
3. Nonpotable and recycled water systems are recommended for irrigation .
4. Decorative water features such as pools, ponds, and waterfalls used in landscaped areas shall incorporate
recycling of water, and, where available, use reclaimed water.
5 . Landscape irrigation systems for common areas shall be metered for water use separately from other
uses.
6. Landscape areas shall be configured to maximize their interconnectivity within the site, to natural areas,
and to landscape areas within existing or future adjacent developments.
7. Small, isolated islands of landscaping shall be avoided except as required in parking lots and for screening
along roadways.
SEC. 24-4 -400 . - ENFORCEMENT .
A. Failure to Record . If the Major Subdivision Final Plat has not been recorded within one ( 1 ) year from the date
of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions
within one ( 1) year of approval, the Board of County Commissioners may grant an extension, for good cause
shown, upon a written request by the applicant submitted to the Department of Planning Services. If the
applicant is unwilling or unable to meet any of the conditions of approval or the extension expires, the
application will be forwarded to the Board of County Commissioners for reconsideration . The property owner
shall be notified of the hearing via certified mail no less than ten ( 10) days prior to the hearing. If the Board of
County Commissioners determines that conditions supporting the original approval of the Major Subdivision
Final Plan have changed or that the property owner cannot implement the Final Plan, the Board of County
Commissioners may, after a public hearing, rescind the approval . The zone district may also be considered for
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revocation and the Change of Zone plat considered for vacation by the Board of County Commissioners at a
public hearing, in accordance with Chapter 23, Article II, Division 1, of this Code.
B. Failure to Comply. All property within the Major Subdivision shall comply with the approved Major Subdivision
Final Plan and the recorded final plat, including, but not limited to, any development standards or notes on the
plat. Noncompliance shall result in withholding Weld County permits on any affected property.
C. No building permits shall be issued until the improvements are constructed and accepted per the terms of the
Subdivision Development and Improvements Agreement.
D. The Board of County Commissioners 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 plat for such subdivided land has been
recorded per Section 30-28-110(4), C. R .S.
SEC . 24-4 -410 . - AMENDMENT .
The Resubdivision process shall be followed when proposing changes to a recorded Major Subdivision plat as
described in Article IX of this Chapter. Any Resubdivision of a Major Subdivision shall substantially comply with the
approved Major Subdivision Final Plan .
SEC . 24-4 -420 . - CORRECTION .
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-51-111 ( 2),
C. R.S., a surveyor may record a new plat for the affected property that references the original plat and shows the
correction, but only to correct the following:
A. A bearing, distance, or elevation that was omitted or labeled incorrectly.
B. Text that was misspelled or mislabeled .
C. An error or omission ascertainable from the data shown on the recorded plat or parcel described .
D. An error within a parcel description shown on the recorded plat.
All other changes shall require a Resubdivision as described in Article IX of this Chapter.
ARTICLE V - MINOR SUBDIVISION .
SEC . 24-5 - 10 . - OVERVIEW .
A. The Minor Subdivision process allows for development of nine (9) or fewer buildable lots located at least one-
half (0.5 ) mile from any municipal or special district sewer line. Public water is required for all lots in Minor
Subdivisions.
B . A Minor Subdivision may only be permitted by a single plat. No individual filings are allowed . The entire area
of the lot(s) to be subdivided shall be included on the Minor Subdivision plat. No building permits shall be
issued until the improvements are constructed and accepted per the terms of the Subdivision Development
and Improvements Agreement per Section 24-2-40 of this Chapter.
C. The Minor Subdivision is a two- or three-step review and approval process involving the following:
1 . Sketch Plan . The Sketch Plan, as described in Section 24-5-100 below, is the first step of a Minor
Subdivision and is administratively processed . No surrounding property owner notification, hearings, or
recorded map is associated with a Sketch Plan application . The purpose of the Sketch Plan is for the
Planner and referral agencies to comment on the proposal prior to detailed engineering and design . The
Sketch Plan will provide a detailed evaluation of the proposal in relation to compliance with the
Comprehensive Plan and Weld County Code requirements that must be addressed in order to move
forward with the subdivision review.
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2. Change of Zone. The Minor Subdivision may include a Change of Zone application, as described in Section
24-5-200 below and Chapter 23, Article II, Division 1, and shall be processed after the Minor Subdivision
Sketch Plan application and before or concurrent with the Final Plan application .
3 . Final Plan . The Final Plan, as described in Section 24-5-300 below, is the last step of a Minor Subdivision
and accounts for the right-of-way, utility, and development design and final platting.
A. Tie Minor Subcivision process is .or subdivisions proposing a maximum of nine 394 lots, exc using agricu tura•
outlots. The Minor Subdivision is subject to a two or three step review and approval process. The Minor
Subcivision process inc uces tie Minor Subdivision Sketch Plan arm Minor Subcivision Fina P an app ications
described in Article V of Chapter 24.
B. The Minor Subdivision process may include a Change of Zone application as described in Chapter 23, Article II,
Division 1 and Section 24 5 5O of the Weld County Code, as amended and shall be processed after the Minor
Subcivision Sketch Plan app ication anc before or concurrent wits tie Fina P an app-ication.
C. A Minor Subcivision may on y be permittec uneer a sing e Fina P an application . No indivicua piasing or =i ings
are allowed .
D. Lots wiici are part o: a Historic Townsite or any recorcee P annec Unit Deve opment or major or minor
Subdivision, sia not be c ivicec -urt ier by a Minor Subcivision.
E . A Minor Subcivision may be consicerec an Urban Sca e Deve opment or Non Urban Sca e Deve opment as
defined in Section 24 1 40 o4-the Weld County Code, as amended.
The Resubdivision requirements shall be followed when proposing modifications to a recorded Minor
Subcivision Final Plot as cescribec in Artic e X o= Chapter 24 of tie We a County Code, as amended . Additional
lots may be createc by tie Resubdivision process within an existing Minor Subdivision, so song as tie overa
number of total lots in the existing Minor Subdivision does not exceed nine (9) buildable lots.
G. The Minor Subdivision shall adhere to Chapters 22 and 23 of the Weld County Code and the Subdivision General
Provisions, Conformance Standards and Subdivision Design Standards per Chapter 21 , Articles I, H and III of the
Weld County Code, as amended.
4 The Minor Subdivision process shall not be used to circumvent the Planned Unit Development process by
.ocating more tIan one ( 1 ) Minor Subcivision adracent to one anotier.
SEC . 24 - 5 - 20 . - STANDARDS .
The Minor Subdivision is subject to the following criteria :
A. The Minor Subdivision process allows for a maximum of nine (9) buildable lots, excluding outlots.
B. The property to be divided by the Minor Subdivision shall be comprised of legal lots. A certificate of
conveyances or chain of title report may be required in order to verify a lot of less than thirty-five (35) acres is
a legal lot. Such certificate or report shall be issued by a title insurance agency, agent, or company registered
with the state and provide copies of deeds for the subject property beginning with the most recent deed
recorded prior to August 30, 1972, and every deed recorded thereafter.
C. Lots that are part of a Historic Townsite, Planned Unit Development, Resubdivision, or Major or Minor
Subdivision shall not be further subdivided by a Minor Subdivision .
D. The Minor Subdivision may be allowed in any zone district included in Chapter 23, Article III, of this Code,
excluding the A (Agricultural ), PUD (Planned Unit Development), and R ( Residential) zone districts. A Sketch
Plan application may include land zoned Agricultural, PUD, or Residential, but a Final Plan may not. A Minor
Subdivision Final Plan shall be entirely located within a single zone district.
E . The Minor Subdivision shall comply with Article I, General Provisions, Article II , Conformance Standards, and
Article III, Subdivision Design Standards, of this Chapter.
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F. Lots in Minor Subdivisions in the E ( Estate) zone district shall be served by a single internal local road that
connects to a publicly maintained road classified as a local or collector on the Functional Classification Map in
Appendix 8-O of this Code, or to an annexed road classified as a local or collector by the municipality. Minor
Subdivisions in the E (Estate) zone district are not allowed to connect to arterial roads or highways.
G . No subdivision shall contain any access easements except for the following:
1 . Pre-existing access easements for nonresidential purposes such as ditch maintenance roads or oil and gas
facility access roads.
2. Access easements solely for the use of emergency services.
H . All lots shall comply with the underlying zone district requirements per Chapter 23, Article III, of this Code . The
Minor Subdivision shall not create or increase any nonconformity relating to the zone district bulk
requirements.
I . An Owners Association is required and shall be managed by the property owners within the Minor Subdivision .
1 . The Owners Association shall be created and all necessary documents recorded prior to recording of the
plat.
2 . Any outlots shall be dedicated to the Owners Association on the plat and a deed conveying all outlots to
the Owners Association shall be provided to the Department of Planning Services for recording with the
plat. Any outlots shall be owned and maintained by the Owners Association in perpetuity, including
removal of litter and weeds .
3 . All internal road rights-of-ways shall be maintained by the Owners Association in perpetuity.
J . Minor Subdivisions shall not be financed by a Title 32 Metropolitan District.
A. - The Minor Subdivision is a land division -process used to divide a parcel into a maximum of nine (9) buildable
lots and is subject to the following criteria :
1 . The property to be divided by the proposed Minor Subdivision shall be comprised of legal lots.
2. Lots wit ain a Minor Subcivision s13 be servec by a aub is water sup a y system.
3. Lots within a Minor Subdivision sla be servec by an on site wastewater treatment system (OWTS; or
public sewer.
4 . The Minor Subdivision is allowed in any zone district included in Chapter 23, Article III of the Weld County
Coce, as amencec, exc using tie A (Agricu tura } Zone District.
S. Any proposed Minor Subdivision must be separated by a - minimum of 1, 320 feet or one quarter ( ,6) mile,
in any direction, as measured from the exterior property line of any existing, platted Minor Subdivision or
Rural Land Division .
6. The minimum parcel size of Minor Subdivision lots shall be determined by the underlying zone district
requirements per Chapter 23, Article III of the Weld County Code, as amended .
7 . If the average lot area exceeds three ( 3) acres iR size i-R ae Estate zoned M+Ror Subdivision, no common
open space, or recreational elements are required .
8. The maximum number of lots within the Minor Subdivision shall be nine (9) buildable lots, excluding
outlots.
9 . A Homeowners Association i-s required and shall be managed lay the property owners within the Minor
Subdivision.
10. Drainage anc utility easements within Minor Subcivision smell fol-low11-e easement standards per Chapter
24, Article Ill of the Weld County Code, as amended.
11 . Tie Minor Subcivision rots sla be accesses via a private y maintainer roac ocateo in a singe internal
publicly dedicated right of way.
12 . All lots within a Minor Subdivision shall connect directly ah- o an i ern-al public road . No Minor Subdivision
shall contain any access easement except:
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a--- Preexisting access easements for nonresidential purposes for example ditch roads, oil and gas facility
access roads, et cetera.
b. Access easements solely for the use of emergency services.
e-- Easements to pPosricfe let owners w-itf} access to common elements located within the Minor
Subdivision .
13 . Tie Minor Subcivision roacway sia intersect wits a pub is y maintainec roacway.
14. Tie Minor Subcivision interna roac way sia be aerpencicu ar to tie pub icy maintainec roacway.
15. Tie Minor Subdivision interna roacway s4a not access c irect y onto County arteria roaes or County;
State, or Federal highways.
16 . Tie Minor Subcivision roacway s9a be maintainec by tie '»omeowners Association.
17 . Tie Minor Subcivision roac way sia be paved i= connecting to a pavec pub is y maintained roacway. Tie
Minor Subcivision roac way may be grave if connecting to a grave pub is y maintainec roacway.
18. All accesses shall be in accordance with Chapter 8, Article XIV of the Weld County Code, as amended .
19. An Improvements/Road Maintenance Agreement may be required .
20. Tie Minor Subdivision sia reasonab y accommocate tie requirements of =ire cistricts, police authorities
and other emergency services.
21 . The Minor Subdivision shale' be designed to preserve prime agricultural land .
22 . The Minor Subdivision sia be cesignee to preserve wet arms, wi c ife iabitats, iistorica sites and buria
grounds,
SEC . 24-5 -30 . - APPROVAL CRITERIA . SKETCH PLAN SUBMITTAL REQUIREMENTS .
A Minor Subdivision shall :
A. Be compatible with existing surrounding land uses,
B. Comply with the standards detailed in this Article V,
C. Be consistent with the Comprehensive Plan found in Chapter 22 this Code and any County-approved future
development plans for the area, and
D. Address to the satisfaction of the Board of County Commissioners the requests and concerns of any referral
agency or mineral interest.
A. Prior to submitting a Minor Subcivision Sketch Plan application, tie applicant sia submit a Pre App ication
Request Form and meet with the Department of Planning Services to discuss the proposal . Following the Pre
Application meeting the applicant may submit a complete Minor Subdivision Sketch Plan application
electronically.
B. The following Sketch Plan application items are required :
1 . Application Form .
2. Authorization Form, if applicable.
3. Minor Subdivision Standards Certification that the application complies with the criteria per Section 2'f
5 20 of the Weld County Code.
4. Deed identifying the surface estate ownership in the property acid relevant lease documents.
5. Articles of Organization or Incorporation documents if the owner is a business entity. Include
Statement/Delegation of Authority documentation .
6. Trustee documents if the owner is a Trust .
7. A Geotechnical Report shall be prepared in compliance with the requirements of Section 24 3 190 of the
Weld County Code. The Geotechnica Report, Co oraco Geo ogica Survey Submitta Form anc associatec
review =ee wi be forwaroec to tie Co oraco Geo ogica Survey 4 CGS) for review.
8. Planning Questionnaire, including, but not limited to :
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a. Explain the reason for the Minor Subdivision request.
b-. Explain the reason of the proposed division layout.
c. Describe the existing and proposed uses of the property.
d . Describe the existing and proposed potable water source.
c . Describe the existing and proposed sewage disposal system .
f. Describe existing and proposed improvements.
g. Describe any existing and proposed casements and rights of way.
h . Describe the existing and proposed access to the site.
i. Describe the current irrigation practices occurring on the site .
j . Describe the unique physical characteristics of the property, including, but not limited to, topography,
water bodies, CRP lands, vegetation, floodplains, geohazard areas, MS4 and airport overlay district.
k. Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead
ines, rai roars, etc. Provice tie names anc accresses of any owner or operator oz any of ano gas
facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc.
9. Water Supply Documentation. A will serve letter from a- water district, association or municipality that
cemonstrates tie cistrict, association or municipa ity nas su'icient capacity ane infrastructure to serve
the proposed development. Provide evidence of existing potable water source (water bill or well permit)
on the property, if applicable.
1O. Sewage Disposal Documentation. Provide evidence of existing sewage disposal source (sanitation district
bill or septic permit) on the property, if applicable.
11 . A Septic Suitability Report shall be prepared in compliance with the requirements of Section 24 3 90 of
the Weld County Code.
12 . The Minor Subd-ivision Sketch Plan map shall include the following information :
a . Title, scale, north arrow, township, range, section, quarter section and lot numbers.
b. The layout of tots, roads, accesses, and utility easements. Show the width and type of surface of all
roads proposed within the Minor Subdivision .
c. Any special flood hazard area, MS4- area, geologic hazard overlay district, or airport overlay districts
identified in the Weld County Code.
d. Existing structures, utility lines, irrigation ditches, streams, lakes, drainage-ways, cropland, oil and gas
production facilities, plugged or abandoned oil and gas wells, railroads and any other structure or future
located within the proposed Minor Subdivision.
13 . A title commitment, including Schedules A, B 1 and 13 2, i ued by a title insurance company. The title
commitment sia expire tiirty ;30; cays from preparation.
14. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subject
property. The Statement shall be from the current tax year.
1S. A Cultural Resource inventory.
16 . A Drainage Narrative shall be submitted in accordance with Section 24 3 2-}O.A -of the Weld County Code,
as amended.
;7 . A —ra"..c Narra : ve s la be si brn.t:ec n accordance wit i Section 24 3 220.B of the Weld County Code, as
amended .
18. Any otier items) ceemec necessary by tie Departments of Panning Services, Pub is Wor<s or
Environmental Health Services.
19 . Application fee.
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SEC . 24 - 5 -40 . SKETCH PLAN PROCEDURE .
A. A Minor Subdivision Sketch Plan application shall be processed according to the following procedure:
1 . The applicant shall submit a Minor Subdivision Sketch Plan application to the Department of Planning
Services for review. The Planner shall have the responsibility of ensuring that all application submittal
requirements are met prior to processing the application. Upon determination that the application is
complete, the application fee shall be paid.
2. Once the Sketch Plan application is deemed complete and the fee paid, the Department of Planning
Services shall send the application to relevant referral agencies for review and comment as the Planner
ceems necessary. A ist o : referra agencies is ocatec in Appencix 23 G of tie We c County Coce, as
amended . The referral agencies shall be given twenty -one (21) days to respond from the date of notice .
The failure of any agency to respond within twenty one ( 21 ) days shat-1- be deemed a response with no
concerns. All referral agency review comments are considered recommendations to the County.
3. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application . The
Staff Report shall contain a review of the Sketch Plan application and direction on how to proceed with
the Final Plan submittal . The Staff Report shall address all aspects of the application, including, but not
limited to, referral agency comments and compliance with the regulations contained in the Weld County
Code, as amended.
4 . The Department of Planning Services will provide an opinion if the application has demonstrated
compliance with the Overview and Standards per Sections 24 5 10 and 24 5 20 of the Weld County Code,
as amended.
5. No plan or resolution is recorded as part of the Sketch Plan procedure .
6. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be
submitted, in writing, to the Department of Pia-e g Services and shall be signed by the property owners.
SEC. 24 5 50 . CIIANGE OF ZONE .
A. The Minor Subdivision process may include a Change of Zone application as described in Chapter 23, Article II,
Division 1 of the Weld County Code, as amended, and shall be processed after the Minor Subdivision Sketch
Plan application .
8. A Minor Subdivision Change of Zone application may- be applied for and proce-ssed consecutively or
concurrent y wits tie Minor Subcivision Fina P an app ication .
C. If a Change of Zone is a component of the development, the Minor Subdivision Fina! Plat shall not be recorded
until the Change of Zone plat is recorded.
a The completed Change of Zone plat shall only show the boundary of the parcel to be changed and no proposed
internal lot lines of the Minor Subdivision shall be shown.
E . No bui cing permits sia be issued, and no ceve opment sla commence unti tie Minor Subdivision Final Plat
is approved and recorded in the Weld County Clerk and Recorder's Office and the improvements be
constructed per the terms of the Improvements Agreement.
F. If the Change of Zone is denied, the applicant may not proceed with the Final Plan application.
G. Prior to submitting a Minor Subdivision Change of Zone application, the applicant shall submit a Pre
Application Request Form and meet with the Department of Planning Services to discuss the proposal .
Following the Pre Application meeting and acceptance of the items detailed in Section 24 5 50.H of the Weld
County Coce, as amencee, the applicant may submit a comp ete Minor Subcivision Csiange of Zone applcation
electronically.
+d . Prior to submitting a Minor Subcivision Change of Zone app ication, tie -applicant sia submit tie fo owing
items to the Department of Planning Services:
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1 . A contractual guarantee from the public water provider to serve the proposed Minor Subdivision. The
agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements
0' tie uses wit lin the Minor Subcivision . Documentation s is arc ress tie primary concitions o= service
including payment of tap fees, extension of pipelines and other water service facilities, dedication of water
rights, et cetera, per the requirements detailed in C.R.S § 29 20 304. The agreement and supplemental
documentation shall be reviewed and determined sufficient by the Weld County Attorney's Office prior
to acceptance of the Change of Zone application.
2. A contractual guarantee from the public sanitation provider to serve the proposed Minor Subdivision, if
app icab e. Tie agreement anc supp ementa documentation s la be reviewer anc c eterminec su"icient
by the Weld County Attorney's Office prior to acceptance of the Change of Zone application.
3. Written correspondence between the applicant and referral agencies addressing the comments and
concerns detailed in the Sketch Plan Staff Report. Correspondence shall be submitted for all referral
agencies, inc ucing dose tiat cic not responc to tie S<etci P an app ication proposa .
4 . A statement that addresses any potential non compliance with the Weld County Code as identified in the
Sketch Plan Staff Report with an explanation of how the issues will be addressed or resolved. Major
changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for the site. The
Department of P anning Services is responsib c for cetermining wietier a major c 'iange exists
5 . Written correspondence between the applicant and representative of the area utility service providers
w iic -i remonstrates t -iat tiere are acequate uti ity provisions avai ab e to serve tie cove opment.
6. A Surface Use Agreement with mineral owners associated with the- subject property, if applicable. Such
agreement 513 stipu ate t -iat tie of anc gas activities anc iarc roc< minera s on tie subject property
have been adequately incorporated into the design of the site. Alternatively, the applicant shall provide
written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners
on the subject property.
SEC . 24 -5 -60 . FINAL PLAN SUBMITTAL REQUIREMENTS .
A. Prior to submitting a Minor Subdivision Anal Plan application, the applicant shall submit a Pre Application
Request Form anc meet wit i tie Department o' Panning Services to discuss tie proposa . Fo owing tie Pre-
App ication meeting anc acceptance of tie items detai ed in Section 21 5 60. 8 of tie We d County Coee, as
amended, the applicant may submit a complete Minor Subdivision Final Plan application electronically. If a
Minor Subdivision involves a Change of Zone, processed concurrently with the Final Plan, no separate Pre
Application meeting is required .
8. Prior to submitting a Miner Subcivision Fina Pan app- ication, tie applicant sia submit tie -o owing items to
the Department of Planning Services:
1 . A contractual guarantee from the public water provider to serve the proposed Minor Subdivision. The
agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements
of the uses within the Minor Subdivision . Documentation shall address the primary conditions of service
inc uding payment of tap fees, extension of pipe ines anc of twater service faci ities, deeication of water
rights, etc. per -the requirements detailed in C.R .S § 29 20 304 . The agreement and supplemental
documentation shall be reviewed and accepted by the Weld County Attorney's Office prior to acceptance
of the Final Plan application. If the water service agreement expires prior to the Board of County
Commissioners 'iearing, tie app icant is responsib e for provicing an updatee agreement.
2. A contractual guarantee from the public sanitation provider to serve the proposed Minor Subdivision, if
applicable. The agreement and supplemental documentation sh-all be reviewed and accepted by the Weld
County Attorney's Office prior to acceptance o` t ie Fina P an app ication .
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3. Written correspondence between the applicant and referral agencies addressing the comments and
concerns detailed in either the Sketch Plan Staff Report or Change of Zone Resolution . Correspondence
shall be submitted for all referral agencies, including those that did not respond to the Sketch Plan or
Change of Zone applications.
4 -- A statement that addresses any potential non compliance with the Weld County Code, as amended, as
icentHec in tie S<etci P an Sta' Report wit i an exp anation ow low tie issues wi be accressec or
reso vee . Major c -ianges rem a reviewec S<etca Pun or Caange of Zone may require a resubmitta o' a
new Sketch Plan or Change of Zone for the site . The Department of Planning Services is responsible for
determining whether a major change exists. When more than one (1 ) year has elapsed since the signed
Sketch Plan Staff Report, a resubmittal of a new Sketch Plan for the site may be required prior to submittal
of the Final Plan application . When more than three (3) years has elapsed since the signed Change of Zone
Resolution, a resubmittal of a new Change of Zone for the site may be required prior to submittal of the
Final Plan application .
S. Written corresponcence between tie app icant anc representative o= tie area uti ity service provicers
which demonstrates that there are adequate utility provi-sions a-vai-la-ble to serve the development.
6. A Surface Use Agreement with mineral owners associated with the subject property, if applicable. Such
agreement shall stipulate that the oil and gas activities and hard rock minerals on the subject property
have been adequately incorporated into the design of the site. Alternatively, the applicant shall provide
written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners
on the subject property.
C Tie :o owing Fina P an app "cation items are requirec :
1 . Application Form .
2. Authorization Form, if applicable.
3. Deed identifying the surface estate ownership in the property and relevant lease documents.
4 . Articles of Organization or Incorporation documents if the owner is a business entity. Include
Statement/Delegation of Authority documentation .
5 . Trustee documents if the owner is a Trust.
6. Planning Questionnaire, including, but not limited to:
a . Explain the reason for the Minor Subdivision request.
b. Explain the reason of the proposed division layout.
c. Describe the existing and proposed uses of the property.
d. Describe the existing and proposed potable water source.
e . Describe the existing and proposed sewage disposal system .
f. Describe existing and proposed improvements.
g. Describe any existing and proposed easements and rights of way.
h. Describe the existing and proposed access to the site.
i . Describe the current irrigation practices occurring on the site.
j . Describe the unique physical characteristics of the property, including, but not limited to, topography,
water bodies, CRP lands, floodplains, geohazard areas, MS4 and airport overlay- district.
k . Detail the location of any on site -o-il and gas facilities, irrigation ditches/laterak, pipelines, overhead
lines, railroads, etc. Provice tie names anc actresses of any owner or operator of any of anc gas
facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc.
7. Any irrigation ditches, pipelines, overhead lines and/or railroad crossing or easement agreements, if
applicable .
8. The recorded Change of Zone p4at, unless the Change of Zone and Final Plan are filed concurrently.
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9. Drat Fina P an anc survey p at preparec accorcing to tie pat requirements per Section 24 5 80 o: tie
Weld County Code, as amended.
10 . -A signed buffer report and affidavit of the names, addresses, and parcel numbers of the surrounding
property owners within five hundred ( 500) feet of the property. The buffer report shall expire thirty (30)
days from preparation.
11 . A title commitment, including Schedules A, B 1 and B 2, issued by a title insurance company. The title
commitment shall expire thirty ( 30) days from preparation.
12 . Provide any covenants, grants of easement and restrictions imposed on the land and/or structures within
the Minor Subdivision.
13. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the
subject property. The Statement shall be from the current tax year.
14. If a community meeting is held, provide a sign in sheet, minutes, and summary.
15 . A Final Drainage Report per Section 24- 3 200.C of the Weld County Code, as amended, if required.
16. A Traffic mpact Stucy per Section 21 3 220.C, o= tae We-c County Coce, as amencec, i= require°.
17 . Any other item(s) deemed necessary by the Departments of Planning Services, Public Works or Public
hea - a ane Env.ronment, Env-ronmenta -sea ti Services D.v. s•on.
18. Application fee.
SEC . 24 5 70 . FINAL PLAN PROCEDURE .
A. The Minor Subdivision Final Plan application shall be processed according to the following procedure :
1 . Tie app icant sia actress tie concerns anc concitions in tie signet S<etci P an Sta-= Report in writing.
Evidence of such shall be submitted to the Department of Planning Services for review.
2. Once the Sketch Plan concerns and conditions have been addressed and, if applicable, an associated
Change of Zone application has been submitted, the applicant shall submit a Final Plan application to the
Department of P anning Services for review. Tie P anner sia pave tie responsibi ity of ensuring tiat a
app ication submitta requirements are met prior to processing tie app ication . Upon cetermination tiat
the Final Plan application is complete, the application fee shall be paid .
3. Once the Final Plan application is deemed complete and the fee paid, the Department of Planning Services
5 '13 sent tie app ication to re-evant re'erra agencies `or review anc comment as tie P anner deems
necessary. A list of referral agencies is located in Appendix 23 G of the Weld County Code, as amended .
The referral agencies shall be given twenty eight ( 28) days to respond from the date of notice . The
Department of P anning Services sia a so send notice of tie app ication to surrouncing property owners
within five hundred (500) feet of the subject Minor Subdivision. The failure of any agency or surrounding
property owner to respond within twenty eight ( 28) days may be deemed a response with no concerns.
All referral agency review comments are considered recommendations to the County. The authority and
responsibi ity 'or approva or cenia of a Minor Subcivision Fina P an application rests wit 's tie County.
4 . The Department of Planning Services shall schedule the Minor Subdivision Final Plan utility design on the
first available Utilities Coordinating Advisory Committee meeting prior to the Board of County
Commissioners gearing. Tie Uti ities Coorcinating Acvisory Committee sia review tie Fina P an =or
compliance with Section 24 3 60 of the Weld County Code, as amended.
S. The Planner will prepare a Staff Report within sixty days of receipt of a complete Final Plan
application . Tie Staff Report sia I contain a recommendation for approva or cenia . Tie Staff Report spa I
acdress a aspects of tie app ication, inc uding, but not imitec to, referral agency anc surrouncing
property owner comments and compliance with the regulates contained -in the Weld County Code, as
amenc cc . Tie Department of P anning Services wi review tie a-pp ication an-d-cetermine if tie app icant
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has demonstrated compliance with the Overview and Standards per Sections 24 5 10 and 24 5 20 of the
Weld County Code, as amended.
6. Tie P anner sia sciecu e tie P anning Commission anc tie Boarc o= County Commissioners pub is
hearings. Legal notice and posting of both hearings shall be concurrent.
7. The applicant shall provide notice to any mineral estate interests as required by Section 24 65.5 103( 3),
C.R .S. Notrication o= lVinera nterest Owners anc Lessees must occur at east tiirty (30, says prior to tie
initial public hearing. Certification of such notice shall be submitted before the date of the initial public
hearing, per Section 24 65 .5 103( 1 ), C.R .S.
B. Prior to the Planning Commission hearing, sign posting, legal publication, and surrounding property owner
notification shall be required .
a. The Planner shall post a sign with case information on the property under consideration for the Minor
Subcivision . Tie sign sia be postec acjacent to, anc visib e from, a pub icy maintainec roac right of-
way. n tie event tie property uncer consiceration is not acjacent to a pub ic y maintainec roac right-
of way, one ( 1) 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 the ten ( 10) days preceding
tie nearing Cate, evicencec witn an affieavit anc piotograpn.
b. The Department of Planning Services shall arrange for legal notice of the Planning Commission hearing
to be published in the newspaper designated by the Board of County Commissioners for publication of
notices. The date of publication shall be at least ten ( 10) days prior to the hearing.
c. The Department of Planning Services shall give notice-of the Minor Subdivision and the public hearing
dates to those persons listed in the application as owners of property located within five hundred (500)
feet of the Minor Subdivision . Such notification shall be mailed, first class, not less than ten ( 10) days
before the scheduled public hearing. Inadvertent errors by the applicant in supplying such list, or the
Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the
hearing process, even if such error results in the failure of a surrounding property-owner to receive such
notification.
c . Prior to tie Planning Commission iearing, tie Department of P anning Services sia craft a Planning
Commission Reso ution setting =ort i tie recommencation to tie Board o: County Commissioners.
Record of such action and a copy of the Resolution will be kept in the files of the Clerk to the Board.
9. At the public hearing, the Planning Commission shall consider the Minor Subdivision application and
provide a recommendation to the Board of County Commissioners. The recommendation shall consider
tie recommencation o: tie P anning Sta", referra agency responses, tie app ication case 'i e anc
testimony presentec at tie pub is iearing. Tie P anning Commission sna recommene approva ost the
Minor Subdivision application unless it finds that the applicant has not met one ( 1 ) or more of the
Overview and Standards per Sections 21 S 10 and 24 S 20 of the Weld County Code, as amended.
10. Tie Department o- P anning Services s as forwarc tie P anning Commission Reso ttion to tie C er< to
the Board within ten ( 10) days from the Planning Commission hearing-
11 . Prior to the Board of County Commissioners hearing, legal publication, and surrounding property owner
notification shall be required. The Clerk to the Board shall draft a Board of County Commissioner
Resolution .
12 . At tie pub ic iearing, tie Boarc oz County Commissioners s as consice-r tie Minor Subcivision app ication
and take final action thereon . The Board of County Commissioners' decision shall consider the
recommencation of tie P anning Commission anc tie P anner, reterra agcg}c-y responses, tie app ication
case file and testimony presentec at tie pub ic nearing. Tie Boarc of County Commissioners shall approve
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the Minor Subdivision application unless it finds that the applicant has not met one ( 1 ) or more of the
Overview anc Stanc arcs per Sections 24 S 10 anc 24 5 20 o- t le We c County Cooe, as amencec .
a. If the Minor Subdivision is denied by the -Board of County Commissioners, neither the applicant nor
their successors or assigns may apply for a new Minor Subdivision for five ( 5) years from the hearing
c ate, ocatec on any portion o ' tie property container in tie origina app 'cation.
b. If the Minor Subdivision is conditions y approvee by t ie Boarc o- County Commissioners, t applicant
shall address the conditions of approval enumerated in the Resolution. The revised draft land survey
plat shall be submitted to the Department of Planning Services for review by Planning and Public Works
staff.
13 . Record of the Board of County Commissioner determination and signed Resolution shall be kept in the
files of the Clerk to the Board and recorded by the Clerk and Recorder.
V . Upon comp etion o= tie concitions a- approva anc acceptance of tie pat, tie pat may be submittec 'or
recorc ing witi tie recorc ing Zee to tie P anner. Tie p at s la be signee anc notarizec by tie property
owners and the Board of County Commissioners chairman .
15. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for
recording.
16 . Tie Minor Suboivision is approved one binding on the cats tie p at is recorcec witi tie We c County
Clerk and Recorder.
17 . No bui cing permits sla be issued, one no °eve opment si-a commence unti tie Minor Subcivision Fina
Plat is approved and recorded in the Weld County Clerk and Recorder's Office and the improvements be
constructed per the terms of the Improvements Agreement.
18. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be
submittec , in writing, to tie Department of P anning Services anc sna be signec by tie property owners.
SEC . 24 5 80 . FINAL PLAT REQUIREMENTS.
A. Tie Minor Subcivision revisec craft p at sla be submittec once an app ication is approvec . Tie applicant s -ia
e ectronica y submit tie craft p at in PDF format to tie Department o' P anning Services 'or P anning anc
Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be
incorporated in the revised plat. There may be subsequent rounds of review. Upon approval of the draft plat
and completion of the conditions of approval, the applicant shall submit the signed and notarized approved
plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld
County Clerk and Recorder by the Department of Planning Serv+ces. The approved plat and additional
requirements s la be recorced wit lin one dune rec. eig•ity ; 180) c ays from tie rate of approva by tie Boare
of County Commissioners. Tie applicant sla be responsi•be for paying tae recorcing fee.
8. The Minor Subdivision plat shall meet the following requirements:
1 . Tie p at s la be prepares by a registerec professiona • and surveyor in tie State of Co oraco.
2. Tie pat sia be ce ineatec in permanent b acs in < on a cimensiona y stab-e po yester sleet suci as
Mylar. The size of each shall be twenty fo. +r ( 24 ) ic+ches ifl height by thirty six (36) inches in width, unless
otherwise approved by Planning Staff.
3. The p at sha contain a nort i arrow anc a sca e. Tie crawing sia be at a scale of one ; 1 , inch equa-s one
hundred ( 100) feet or (1 ) inch equals two hundred 4200) feet. Vicinity maps shall be at a minimum scale
of ( 1) inch equals two thousand ( 2,000) feet. The font shafl not be less than ten ( 10) point in size. Plats
crawn to otter sea es must be approvec, in writing, by Panning Staff:
4 . The plat shall be titled as " Minor Subdivision" followed by the assigned case number.
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5. The Minor Subdivision lots shall be designated in ascending numerical order, on the plat and legal
description .
If lots surrounding the Minor Subdivision are not involved in the subject Minor Subdivision they shall be
labeled "Not a Part" .
7. The p at sia inc uce a comp ete anc accurate ego description of tie parent parce anc tie ots being
created .
8. The plat shall bear the certifications shown in Appendix 24 A to this Chapter.
9. The plat shall contain the original signatures and seals in permanent ink.
10. The plat shall delineate the location of all existing and proposed driveways and accesses associated with
the Minor Subdivision .
11 . The plat shall include the names of any existing roads or highways abutting the proposed Minor
Subdivision property.
12 . Tie p at s -►a inc uce tie roadway rig it of way ac jacent to tie parce as we as tie piysica ocation of
the roadway.
13 . The plat shall delineate all existing and future casements or rights of way located on the Minor
Subdivision property.
14. The plat shall show all unique physical characteristics of the Minor Subdivision property, including, but
not imitec to, irrigation cana s anc waterbocies, f oocp ains anc geoaazare areas.
15 . The plat shall include a vicinity map. The vicinity map shall locate the Minor Subdivision lots with respect
to adjacent roads, municipal limits, ditches, railroads, etc. Show a-nd label the subject section and dashed
quarter section lines.
16. The plat shall show the location and setback radii of any active, shut in or plugged and abandoned oil and
gas wells and tank batteries.
17 . All work shall comply with the requirements of Sections 38 50 101 and 38 51 101 et. seq ., C.R.S.
18. 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 Statement.
SEC . 24 5 90 . ENFORCEMENT.
A. Fai ure to Recorc tie Minor Subcivision final plat las not been recorcec within one iuncrec eighty ' 1801
cays from tie cate of approva by tie Boarc of County Commissioners, or if an app leant is unab e to meet any
of the conditions within one hundred eighty ( 180) days of approval, the Director of Planning Services may grant
an extension for a period not to exceed one ( 1 ) year, for good cause shown, upon a written request by the
applicant. if the applicant is unwilling to meet any of the conditions of approval or the extension expires, the
application will be forwarded to the Board of County Commissioners for reconsideration. The entire application
may be considered for denial by the Board of County Commissioners. Alternatively, the Board of County
Commissioners may consider upholding, modifying or removing the contested conditions of approval.
B. Failure to Comply The property owner shall comply with the recorded plat notes and lot configuration.
Noncomp lance may resu tin wit v io cing We c County permits.
C. Failure to Construct If no construction has begun in the Minor Subdivision within three (3) years of the date
of the approval of the Minor Subdiv-ision Final Plan by the Board of County Commi-ssioners, the Department of
P anning Services may require tie property owner to appear before tie Boarc o� County Commissioners anc
present evidence substantiating that the Final Plan has not been abandoned and that the applicant possesses
tie wi ingness anc abi ity to continue tie Minor Subcivision . Tie Boarc of County Commissioners may extenc
Page 41 of 100
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tie Gate or initiation o= tie Minor Subcivision construction anc sia periocica y require tie aop icant to
cemonstrate teat tie Minor Subcivision las not been abaneoneo. = the Boaro o= County Commissioners
cetermines tiat coneitions supporting tie origina approva o tie Minor Subcivision Fina P at lave clanged
or that the property owner cannot implement the Minor Subdivision Final Plat, the Board of County
Commissioners may, after a public hearing, revoke the Minor Subdivision Final Plat and order the recorded
Minor Subdivision to be vacated .
0. Tie Boarc o= County Commissioners soa lave tie power to bring an action to en'oin any subdivider from
se ing agreeing to se or offering to se subdivided land before a p at or sue i subdivided land las been
approved and recorded per Section 30 28 110(4), C.R .S.
SEC . 24 5 100 . /AMENDMENT.
A. The Resubdivision process shall be followed when proposing changes to a recorded Minor Subdivision plat as
described in Article V of Chapter 21 of the Weld County Code, as amended . A new Resubdivision application
shall be submitted for all changes besides those changes described as Corrections per Section 24 5 110 of the
Weld County Code, as amended.
B. Amendments or modifying or removing easements or bui c ing anc septic enve opes are consiGered minor
modifications. The Department of Planning Services may approve a minor modification without a new
app ication. Tie applicant sia submit a revisec craft p at, conforming to Resubdivision p at requirements per
Section 24 9 50 of the Weld County Code, as amended, to the Department of Planning Services for review and
acceptance. Upon acceptance, tie pat s la be submittec or recorcing wit i tie recording tee. A minor
rnodi=icat'on s la no : a'ec: of ier lots wit lin - ie subdivision anc s ac acre to -. le nature o= tie subdivision .
SEC . 24 5 110. CORRECTION . Commented [JF3 J
A. The Board of County Commissioners or Planning Director may approve a correction without a hearing or
compliance with any of the submission or review requirements of Chapter 24 of the Weld County Code, as
amended . The correction shall only address technical errors where such correction is consistent with the
approved Minor Subdivision . Technical errors include, but are not limited to, correcting scrivener errors and
correcting surveyor errors as ong as tie correction is consistent wit i tie origina intent of the approved Minor
Subdivision .
B. Tie applicant sia submit a correctec drat p at, con=arfning to Minor Subcivision Pina P at requirements per
Section 24 S 80 of the Weld County Code, as amended, to the Department of Planning Services for review and
acceptance. Upon acceptance, the plat shall be submitted for recording with the recording fee.
SEC . 24 5 120 . VACATION .
A. A property owner may request a complete vacation of an existing Minor Su•bdiv+sion . The vacation request shall
be submitted, in writing, to tie Department of P arming Services and sia be signed by al tie owners of tie
subject lots to be vacated . The vacation request letter shall describe the- purpose of the vacation, any existing
improvements anc any easements or rights of way tiat may be affected . Tie property owners sia provice
tie existing pat anc a craft anc survey p at slowing tie vacation cescribed by a metes anc bounds or aliquot
legal description or the previous legal description of the plat.
8. Vacations must include all lots created by the initial and subsequent plats. No plats may be vacated iR part.
C. The vacation request may be processed without any of the submittal, refcrfa4- or review requirements of
Chapter 24 of tle We c County Coce, as amencec . No sign posting, ega pub ication, or surrouncing property
owner notification shall be required.
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D. Upon receipt of the vacation request letter, tie Planner wi prepare a memorandum summarizing tie vacation
request to be ;orwarcec to tie C er< to tie Boarc . Minor Subcivision pat vacations wi be p acec on tie Board
of County Commissioners Consent Agenda unless otherwise requested by the Board of County Commissioners
to be presented in a public hearing.
E . a iearing is sciecu ec, a property owners a"ectee by tie vacation sia be noti=iec of tie iearing date;
time and location via Certified Mail, sent by the Clerk to the Board, at least ten ( 10) days prior to the hearing.
Prior to tie scaring, tie C er< to tie Board sia draft a Boarc► Reso ution setting *ort i tie ; etermination tiat
the Minor Subdivision plat is vacated . Record of such action and a copy of the Resolution will be kept in the
files of the Clerk to the Board . The Board of County Conn-missioners shall arrange for the Clerk to the Board to
record the Resolution.
G . In the event any easement is included in the vacation, the resolution may be conditioned that the applicant
provide evidence that the interests of the easement grantees arc protected.
H. In the event any right of way is included in the vacation, the resolution may be conditioned that the applicant
shall submit a separate vacation of right of way petition to the Clerk to the Board.
f. If the vacation request is approved by the Board of County Commissioners, the land survey plat shall be
submitted to the Department of Planning Services for recording with the recording fee and shall be signed by
the property owners and the Board of County Commissioners. The vacation is IR effect the date of recordation
o= tie anc survey p at wit i tie We c County C er< anc Recoreer.
_ . Vacation oz a Minor Subcivision s1a comp y wits a Zoning and Subcivision regu ations per Ciaoters 23 anc
24 of the Weld County Code, as amended .
SEC . 24-5 - 100 - SKETCH PLAN PROCEDURE .
The purpose of the Sketch Plan is for the Planner and select referral agencies to comment on the development
proposal prior to detailed engineering and design . The Sketch Plan review will include a meeting to evaluate the
proposed development for compliance with the Weld County Code, any other applicable referral agency
requirements, and to identify areas of potential concern . Following the Sketch Plan review meeting, the applicant
will be supplied with a memorandum that will include a list of issues to address on subsequent applications.
A Sketch Plan application shall be processed according to the following procedure :
A. Prior to submitting a Sketch Plan application, the applicant may choose to submit a pre-application request
form and meet with the Department of Planning Services to discuss the proposal .
B . When a Sketch Plan application package is submitted to the Department of Planning Services for review, the
Planner shall have the responsibility of ensuring that all application submittal requirements are met prior
processing the application . Only complete applications will be accepted . Upon determination that the
application is complete, the non-refundable application fee shall be paid .
C. Once the Sketch Plan application is deemed complete and the fee paid , the Planner shall schedule a Sketch
Plan review meeting with the applicant and invite relevant referral agencies to the meeting as the Planner
deems necessary. Referral agencies are encouraged to provide written comments. The Planner shall review
the application for compliance with all applicable regulations contained in the Weld County Code .
D. Following the Sketch Plan review meeting, the Planner will prepare a memorandum within thirty ( 30) days that
includes the following components: Sketch Plan review meeting minutes, referral agency comments, review of
the Sketch Plan with a list of issues to address, and instructions for proceeding with the Change of Zone and/or
Minor Subdivision Final Plan applications. Other issues not identified in the memorandum may be identified in
subsequent submittal reviews.
E . No permit, plan, or resolution is recorded as part of the Sketch Plan procedure . The memorandum will be kept
on file with the Department of Planning Services .
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SEC . 24-5 - 110 . - SKETCH PLAN SUBMITTAL REQUIREMENTS .
The following Sketch Plan application items shall be submitted electronically in . pdf format to the Department
Planning Services:
A. Application Form .
B. Authorization Form, if applicable .
C. Deed identifying the surface estate ownership in the property.
D. Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the corporation 's
behalf, or trustee documents if the owner is a trust.
F. Sketch Plan Questionnaire as required in the application packet.
G . Sketch Plan Map including the information required in the application packet.
H . Water Supply Documentation . A can-serve letter from a district, association or municipality that demonstrates
that the district, association, or municipality has sufficient capacity and infrastructure to serve the proposed
development. Also provide evidence of existing potable water source on the property, if any.
I . Sewage Disposal Documentation . A statement of proposed on-site wastewater treatment system (OWTS) and
Septic Suitability Report, prepared according to Section 24-3-90 of this Chapter. Also provide evidence of any
existing sewage disposal method (OWTS permit) on the property, if applicable .
J . Drainage Narrative or, if required, Preliminary Drainage Report, in accordance with Section 24-3-200 of this
Chapter.
K . Preliminary Traffic Impact Analysis, in accordance with Appendix 8-Q of this Code.
L. A Geotechnical Report shall be prepared in compliance with the requirements of Section 24-3-190 of this
Chapter, including a mineral resource ( hard rock, sand, gravel, ore, minerals, aggregate, and oil and gas)
statement. The Geotechnical Report, Colorado Geological Survey Submittal Form and associated review fee
will be forwarded to the Colorado Geological Survey (CGS) for review.
M . Notice of Inquiry ( NOI ) form provided by the Department of Planning Services, signed by an official of the
applicable municipality, demonstrating that the municipality does not wish to annex, if the property is located
within an intergovernmental agreement area and if required by the agreement, as adopted in Chapter 19 of
this Code.
N . Application fee.
O . Any other items deemed necessary by Weld County staff.
SEC . 24-5 - 200 . - CHANGE OF ZONE .
A. A Change of Zone, if required, shall be processed after the Sketch Plan and in accordance with Chapter 23,
Article II, Division 1, of this Code .
B. In the event a Change of Zone application, if required, has not been submitted within one ( 1 ) year of the date
of the Sketch Plan memorandum, a new Sketch Plan application may be required prior to submittal of the
Change of Zone application.
C. The Change of Zone application may be applied for and processed prior to or concurrently with the Minor
Subdivision Final Plan application ; however, the Minor Subdivision Final Plat shall not be recorded until the
Change of Zone plat is recorded, if applicable.
D. If the Change of Zone is denied, the applicant may not proceed with the Final Plan application .
E . The Change of Zone plat shall show the boundary( ies) of the parcel(s) to be rezoned . No proposed internal lot
lines shall be shown .
F. Prior to submitting the Change of Zone application, the applicant shall submit the following documents
electronically in . pdf format and meet with the Department of Planning Services to discuss the proposal .
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Following the Pre-Application meeting and acceptance of the items detailed above, the applicant may submit
a complete Change of Zone application electronically in . pdf format per the requirements in Chapter 23, Article
II, Division I, Section 23-2-50.
1 . Pre-application Request Form .
2. A contractual guarantee or suitable alternative, such as a draft or preliminary water service agreement,
from the public water provider to serve the proposed subdivision . The documentation shall demonstrate
that the water quality and quantity are sufficient to meet the requirements of the uses within the
subdivision . Documentation shall address the primary conditions of service including payment of tap fees,
extension of pipelines and other water service facilities, dedication of water rights, etc., and all
requirements detailed in C. R .S. 29-20-304. The guarantee and supplemental documentation shall be
reviewed and determined sufficient by the Weld County Attorney's Office prior to acceptance of the
Change of Zone application .
3 . A statement that addresses any concerns identified in the Sketch Plan Memorandum with an explanation
of how the issues will be addressed or resolved . Major changes from a reviewed Sketch Plan may require
a resubmittal of a new Sketch Plan for the site .
4. Written correspondence between the applicant and representative of the area utility service providers
which demonstrates that there are adequate utility provisions available to serve the development.
SEC . 24- 5 - 300 . - FINAL PLAN PROCEDURE .
The purpose of the Final Plan is to plat the lots, rights-of-way, utilities, and features that will compose the
proposed development. The Minor Subdivision Final Plan application shall be processed according to the following
procedure :
A. Prior to submitting a Final Plan application, the applicant shall complete the pre-application requirements
detailed in Section 24-5-310.A below.
B. The Final Plan application, prepared in accordance with Section 24-5-310. B, shall be submitted to the
Department of Planning Services within three (3 ) years of the date of the Sketch Plan memorandum or a new
Sketch Plan application may be required .
C. Once the Final Plan application is deemed complete and the fee paid, the Department of Planning Services
shall send the application to relevant referral agencies for review and comment as the Planner deems
necessary. A list of referral agencies is in Appendix 23-G of the Weld County Code . The referral agencies shall
be given twenty-eight (28) days to respond from the date of notice. The failure of any agency to respond within
twenty-eight ( 28) days may be deemed a response with no concerns. All referral agency review comments are
considered recommendations to the County. The authority and responsibility for approval or denial of a Final
Plan application rests with the County.
D. The Planner shall prepare a staff recommendation within sixty (60) days of receipt of a complete application .
The staff recommendation shall address all aspects of the application, including referral agency comments,
surrounding property owner comments, and approval criteria, as detailed in Section 24-5-30 of this Chapter.
E. The applicant may withdraw the Final Plan application at any point in the process before the Board takes
action . Withdrawal requests shall be submitted in writing to the Department of Planning Services and shall be
signed by the property owners or their authorized agent.
F. The Department of Planning Services shall schedule review of the Utility Plan on the first available Utilities
Coordinating Advisory Committee meeting prior to the Planning Commission hearing. The Utilities
Coordinating Advisory Committee shall review the Utility Plan for compliance with Section 24-3-60 of this
Chapter.
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G . The Department of Planning Services shall schedule Planning Commission and Board of County Commissioners
public hearings. Legal notice, posting, and surrounding property owner notification of the hearings shall be
concurrent.
H . The applicant shall provide notice to any mineral estate interests as required by Section 24-65 .5-103( 3), C. R .S.
Notification of Mineral Interest Owners and Lessees must occur at least thirty (30) days prior to the initial
public hearing. Certification of such notice shall be submitted before the date of the initial public hearing, per
Section 24-65 .5-103( 1 ), C.R .S.
I . Prior to the Planning Commission hearing, sign posting, legal publication, and surrounding property owner
notification shall be required, as follows :
1 . The Department of Planning Services shall post a sign with case information on the property under
consideration . The sign shall be posted adjacent to, and visible from, a publicly maintained road right-of-
way. The Department of Planning Services shall certify that the sign has been posted ten ( 10) days
preceding the Planning Commission hearing date, evidenced with an affidavit and photograph .
2. The Clerk to the Board shall arrange for legal notice of the hearings 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 Planning Commission hearing.
3 . The Department of Planning Services shall give notice of the Final Plan and the public hearing dates to
those persons listed in the application as owners of property located within five hundred (500) feet of the
subject property. Such notification shall be mailed, first-class, not less than ten ( 10) days before the
Planning Commission hearing. Inadvertent errors by the applicant in supplying such list, or the
Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the
hearing process, even if such error results in the failure of a surrounding property owner to receive such
notification .
4. The Department of Planning Services shall give notice of the Final Plan and the public hearing dates to
those persons listed in the application as lienholders of the subject property. Such notification shall be
mailed, first-class, not less than ten ( 10) days before the Planning Commission hearing. Inadvertent errors
by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall
not create a jurisdictional defect in the hearing process, even if such error results in the failure of a
lienholder to receive such notification .
J . The Planning Commission shall consider all aspects of the application, including, but not limited to, the staff
recommendation, referral agency responses, the application case file, and testimony presented at the public
hearing. The Planning Commission shall recommend approval of the request unless it finds that the applicant
has not met one ( 1 ) or more of the approval criteria, as detailed in Section 24-5-30 of this Chapter.
K. The of County Commissioners Board shall consider all aspects of the application, including, but not limited to,
the recommendations of the Planning Commission and Planning Staff, referral agency responses, the
application case file, and testimony presented at the public hearing. The Board shall approve the request unless
it finds that the applicant has not met one ( 1 ) or more of the approval criteria, as detailed in Section 24-5-30
of this Chapter. The Board shall adopt a resolution of approval or denial . If the Final Plan is denied by the Board
of County Commissioners, refer to Section 2-3-10, Previously denied applications for land use matters, of the
Weld County Code .
L. If approved, and upon completion of the conditions of approval, including recording of the Subdivision
Development and Improvements Agreement per Section 24-2-40 of this Chapter and acceptance of the draft
plat by the Department of Planning Services, the signed and notarized plat shall be submitted for recording
with the recording fee to the Department of Planning Services.
M . The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording.
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N . The Final Plan is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder.
O . No development, including grading, shall commence prior to recording of a Subdivision Development and
Improvements Agreement and final plat.
SEC . 24- 5 - 310 . - FINAL PLAN SUBMITTAL REQUIREMENTS .
A. Prior to submitting a Final Plan application, the applicant shall submit the following documents electronically
in .pdf format and meet with the Department of Planning Services to discuss the proposal .
1 . Pre-application Request Form .
2. An executed water service agreement from the public water provider to serve the proposed subdivision .
The agreement shall demonstrate that the water quality and quantity are sufficient to meet the
requirements of the uses within the subdivision . Documentation shall address the primary conditions of
service including payment of tap fees, extension of pipelines and Dther water service facilities, dedication
of water rights, etc., per the requirements detailed in C. R.S Section 29-20-304. The agreement and
supplemental documentation shall be reviewed and accepted by the Weld County Attorney's Office prior
to acceptance of the Final Plan application . If the water service Egreement expires prior to the Board of
County Commissioners hearing, the applicant is responsible for providing an updated agreement prior to
the hearing.
3 . A recorded agreement with mineral owners associated with the subject property, if applicable. Such
agreement shall stipulate that the oil and gas activities on the subject property have been adequately
incorporated into the design of the subdivision . Alternatively, the applicant shall provide written evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject
property.
B. Following the Pre-Application meeting and acceptance of the items detailed above, the applicant may submit
a complete Final Plan application electronically in . pdf format. The following Final Plan application items are
required .
1 . Application Form .
2. Authorization Form, if applicable.
3. Deed identifying the surface estate ownership in the property.
4. Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the corporation 's
behalf, or trustee documents if the owner is a trust.
5 . A narrative addressing all concerns identified in previous reviews and/or hearings.
6. Construction schedule showing the approximate dates when construction of the development is proposed
to start and finish . This shall include detailed stages in which the infrastructure and community amenities
will be constructed .
7. A statement describing the method of financing for the development. The statement shall include the
estimated construction cost and proposed method of financing of the infrastructure construction ,
including, but not limited to, street and related facilities, water distribution system, sewage collection
system , floodplain protection, stormwater management facilities, and such other facilities as may be
necessary.
8. Final Construction Plans. Final, accepted construction plans signed and stamped by a Professional
Engineer licensed to do business in the state shall be required prior to recording the plat.
9. Draft Final Plat prepared according to the plat requirements per Section 24-5-320 below .
10. Utility Plan with list of utility service providers and their contact irformation .
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11 . Existing Site Conditions Map . Show and label the physical characteristics and natural site constraints of
the property and existing on-site structures, oil and gas facilities, irrigation equipment, ditches, or laterals,
utility lines, natural gas or oil pipelines, overhead lines, railroads, etc.
12 . Site Improvements Plan . Show and label the anticipated amenities, including, but not limited to, mailbox
pedestals, development identification signs, bus stop shelters, parks, open space, and conservation areas,
if any. For all improvements to be managed by the Owners Association, include an installation schedule .
13 . Final Drainage Report, in accordance with Section 24-3-2OO of this Chapter, if required .
14. Final Traffic Impact Study, in accordance with Appendix 8-Q of this Code, if required .
15 . Mineral estate interest contact information and written certification required by Section 24-65 .5-103.3,
C.R .S., if applicable and if not previously provided with a Change of Zone/Preliminary Plan . Such
certification may be submitted on or before the date of the initial public hearing referred to in Section 24-
65 .5-103( 1 ), C. R.S.
16 . An agreement with the school district for land dedication or cash-in-lieu payment that satisfies the
requirements in Sections 30-28-133 (4)(a ) and (4.3), C. R .S. A copy of the executed agreement or receipt
for paid cash-in -lieu will be required as a condition of approval .
17 . Declaration of Covenants, Conditions, and Restrictions (CC&Rs) to be adopted for the subdivision .
18. A signed buffer report and affidavit of the names, addresses, and parcel numbers of the surrounding
property owners within five hundred (500) feet of the subject property. The buffer report shall be
prepared no more than thirty (30) days prior to submittal .
19 . A title product, sometimes referred to as a "preliminary title report" or an "informational commitment,"
issued by a title insurance agency, agent, or company registered with the state, that includes a legal
description and date of the report (typically on "Schedule A") and a list of exceptions (typically on
"Schedule B" or "Schedule B-2") .The title product shall be dated no more than thirty (30) days prior to
submittal .
20. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the
subject property. The Statement shall be from the previous tax year.
21 . Application fee.
22 . Any other items deemed necessary by Weld County staff.
SEC . 24- 5 - 320 . - FINAL PLAT REQUIREMENTS .
A. The Minor Subdivision Final Plat shall substantially conform to the approved Minor Subdivision Final Plan and
the conditions of approval .
B. The Final Plat shall comply with Section 24-2-7O of this Chapter as well as the requirements of this Section 24-
5-32O. The following shall be included on the Minor Subdivision Final Plat:
1 . The plat shall be titled at the top of each sheet by the name of the subdivision followed by the assigned
case number, e.g., "Jones Minor Subdivision, MINF22-000X."
2. Metes and bounds legal description of the subject property with closure statement and total acreage of
the subdivision . The exterior boundary of the subdivision and boundaries of all lots shall have a closure
accuracy of one-hundredth (0.01) foot.
3 . Lots shall be shown and labeled in ascending numerical order beginning with "Lot 1 " . All lots shall be
labeled with their areas in square feet and acreage to the nearest one-hundredth (0.01) of an acre, or a
table with areas shall be provided .
4. Transportation . The transportation network, internal connectivity, and external connections to existing,
publicly maintained roads shall be shown and labeled, including, but not limited to, the location, names,
widths, and centerlines of all existing and proposed rights-of-way. For existing rights-of-way, the physical
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location of the road and right-of-way creation documentation shall be included . Road rights-of-way shall
be dedicated to the public in accordance with Section 24-3-160 of this Chapter. Sidewalks, curbs, and
gutters within with the subdivision shall be shown on a typical cross-section on the plat.
SEC. 24- 5 -400 . - ENFORCEMENT .
A. Failure to Record . If the Minor Subdivision Final Plat has not been recorded within one ( 1) year from the date
of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions
within one ( 1) year of approval, the Board of County Commissioners may grant an extension, for good cause
shown, upon a written request by the applicant submitted to the Department of Planning Services. If the
applicant is unwilling or unable to meet any of the conditions of approval or the extension expires, the
application will be forwarded to the Board of County Commissioners for reconsideration . The property owner
shall be notified of the hearing via certified mail no less than ten ( 10) days prior to the hearing. If the Board of
County Commissioners determines that conditions supporting the original approval of the Minor Subdivision
Final Plan have changed or that the property owner cannot implement the Final Plan, the Board of County
Commissioners may, after a public hearing, rescind the approval . The zone district may also be considered for
revocation and the Change of Zone plat considered for vacation by the Board of County Commissioners at a
public hearing, in accordance with Chapter 23, Article II, Division 1, of this Code.
B. Failure to Comply. All property within the Minor Subdivision shall comply with the approved Minor Subdivision
Final Plan and the recorded final plat, including, but not limited to, any development standards or notes on the
plat. Noncompliance shall result in withholding Weld County permits on any affected property.
C. No building permits shall be issued until the improvements are constructed and accepted per the terms of the
Subdivision Development and Improvements Agreement.
D. The Board of County Commissioners 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 plat for such subdivided land has been
approved and recorded per Section 30-28-110(4), C. R .S.
SEC . 24-5 -410 . - AMENDMENT.
The Resubdivision process shall be followed when proposing changes to a recorded Minor Subdivision plat as
described in Article IX of this Chapter. Any Resubdivision of a Minor Subdivision shall substantially comply with the
approved Minor Subdivision Final Plan .
SEC . 24- 5 -420 . - CORRECTION .
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-51-111( 2),
C. R.S., a surveyor may record a new plat for the affected property that references the original plat and shows the
correction, but only to correct the following:
A. A bearing, distance, or elevation that was omitted or labeled incorrectly.
B . Text that was misspelled or mislabeled .
C. An error or omission ascertainable from the data shown on the recorded plat or parcel described .
D. An error within a parcel description shown on the recorded plat.
All other changes shall require a Resubdivision as described in Article IX of this Chapter.
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ARTICLE VI - RURAL LAND DIVISION RESERVED .
SEC . 24 6 10 . OVERVIEW .
A. The Rural Land Division is an alternative process for development and review of subdivisions proposing a
maximum of four (4) lots in the A {Agricultural ) Zone District. The Rural Land Division process utilizes both the
Sketch Plan and Final Plan application processes described in Article VI of Chapter 24 of the Weld County Code,
as amendee. Tie Rura Lane Division process coos nat inc uce a Ciange o= Zone.
8. Lots which arc part of a Historic Townsite or any recorded Planned Unit Development, major or minor
Subdivision, Resubdivision or Recorded Exemption lots that do not meet the criteria per Section 24 6 20.A.8 of
tie We c County Coce, as amencec , s -ia not be divicec by a Rura Lane Division .
C. A Rura Lanc Division may be consicered a Non Urban Sca e Deve opment or Rura Sca e Dove opment as
defined in Section 24 1 40 of the Weld County Code, as amended .
D. Tie Resubdivision requirements s -ia be 'o owec wren proposing mocifications to a recorcec Rura Lane
Division p at as cescribed in Artie e X o= Chapter 24 o= tie We e County Coce, as amencec . Acditiona lots may
be createc by tie Resubdivision process wit -urn an existing Rura Lane Division, so ong as tie overa number
of tota lots in tie existing Rura Lanc Division coes not exceec four (4 ) lots.
I` . The Rural Land Division shall adhere to Chapters 22 and 23 of the Weld County Code and the Subdivision
General Provisions, Conformance Standards and Subdivision Design Standards per Chapter 24, Articles I, II and
III of the Weld County Code, as amended.
SEC . 24 6 20 . STANDARDS.
A. Tie Run Lane Division is a anc c 'vision process usec to civiee a parcel into a maximum o' four (4' separate
lots and is subject to the following criteria :
1 . The property to be divided by the proposed Rural Land Division shall be comprised of legal lots.
2. Lots within a- Rural Land Division shall be served by a public water supply system .
3. Lots within a Rural Land Division shall be served by an on site wastewater treatment system (OWTS) or
public sewer:
4 . The Rural Land Division shall only be approved on property located in the A (Agricultural) Zone District.
5 . Any proposed Rural Land Division must be separated by a minimum of 1,320 feet or one quarter ( ;4) mile,
in any cirection, as measures from tie exterior property ine o' any existing, p attee Run Lanc Division
or Minor Subdivision .
6. The maximum parcel size on which a Rural Land Division is proposed shall not be greater than forty five
{45) acres.
7. If the proposed Rural Land Division will be located on the largest lot of a Recorded Exemption, the
following applies :
a. The applicant shall apply for a Lot Line Adjustment per Chapter 24 , Article X of the Weld County Code,
as amendec , in conjunction witi tie Rura Lanc Division app 'cation, in oreer to except out a parcel of
land that will contain the Rural Land Division :
b. The excepted parcel of land that will contain the Rural Land Division, shall be a maximum of forty five
(45) acres.
c. Tie remaining acreage of tie arge Recorcec. Exemption 4ot si-a not be ess tIan one iuncrec anc
twenty ( 120) acres.
d . The Lot Line Adjustment standard per Section 24 10 20.A.4 of Weld County Code, as amended, does
not apply to a Lot Line Adjustment processed in conjunction with a Rura Lanc Division :
c. The Rural Land Division Final Plot and Lot Line Adjustment plat shall be recorded concurrently.
1. If the Rural Land Division is not approved, the Lot Line Adj-ustrr nt will be void .
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8. The maximum number of lots within the Rural Land Division shall be four (4) lots.
9. The minimum lot size in a Rural Land Division shall be three (3) acres net.
10. Rural Land Divisions shall not be financed by a Title 32 Metropolitan District.
11 . A Homeowners Association is not required but may be voluntarily created and managed by the residents
within the Rural Land Division.
12. Drainage and utility easements within Rural Land Division shall follow the easement standards per
Chapter 24, Article III of the Weld County Code, as amended .
13 . The Rural Land Division lots shall be accessed via a single internal publicly dedicated right of way and
sla be private y maintainee, accorcing to a roac maintenance agreement app icab e to a present ano
future lot owners.
11 . No access easements are permitter within a Rura Lanc Division to serve parce s witain or not a part o:.
the development.
15. The Rural Land Division roadway shall intersect with a publicly maintained right of way.
16. Tie Rura Lane Division interna roacway sia be perpencicu ar to tie pub icy maintainec right -of way.
17. The Rural Land Division shall not connect directly onto County arterial roads or County, State, or Federal
highways.
18. The Rural Land Division roadway shall be designed, constructed and maintained by private recorded
agreement between the landowners within the Rural Land Division .
19. Tie interna access roacway sia meet a sa'ety criteria as out inec iFl Cuaater 8, Artie e XIV of tie We o
County Code.
20. The Rural Land Division shall be designed to meet the requirements of local governments or districts to
provide fire and police protection or other emergency services.
21 . The Rural Land Division shall be designed to preserve prime agricultural land .
22 . The Rural Land Division sh,al4 be designed to preserve wetlands, wildlife habitats, historical sites or burial
grounds.
SEC . 24 6 30 . SKETCH PLAN SUBMITTAL REQUIREMENTS .
A. Prior to submitting a Rural Land Division Sketch Plan application, the applicant shall submit a Pre Application Request
Form and meet with the Department of Planning Services to discuss the proposal . Following the Pre Application meeting
tie applicant may submit a comp ete Rura Land Division Sketch Plan app ication e ectronica y. Tie fo owing app ication
items are required:
1. Application Form .
2. Authorization Form, if applicable..
3. Rural Land Division Standards Certification that the- application complies with the criteria per Section 24- 6 20 of
the Weld County Code.
4 . Deed identifying the surace estate owners lip in tie propeny anc re evant ease cocuments.
5. Articles of Organization or Incorporation documents if the owner is a business entity. Include
Statement/Delegation of-Authority documentation.
6. Trustee documents if the owner is a Trust.
7. A Geotechnical Report shall be prepared in compliance with the requirements of Section 24 3 190 of the Weld
County Code. The Geotechnical Report, Colorado Geological Survey Submittal-Farm and associated-review-fee w4ll
be forwarded to the Colorado Geological Survey (CGS) for review.
8. Planning Questionnaire, including, but not limited to:
a. Explain the reason for the Rural Land Division request.
b. Explain the reason of the proposed division layout.
c. Describe the existing and proposed uses of the property.
d. Describe the existing and proposed potable water source.
e. Describe the existing and-proposed sewage disposal system.
f. Describe existing and proposed improvements.
g. Describe any existing and proposed easements and rights of way.
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#�- Describe the existing and proposed access to the site.
I. Describe the current irrigation practices occurring on the site.
j. Describe the unique physical characteristics of the property, including, but not limited to, topography,
water bodies, CRP lands, vegetation, floodplains, geohazard areas, MS4 and airport overlay district.
k. Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines,
rai macs, etc. Provide tie names and accresses of any owner or operator & any oi ano gas =aci ities,
irrigation ditches/laterals, pipelines, overhead lines, railroads, etc.
Water Supp y Documentation. A wi serve etter from a water district, association or municipa ity that
demonstrates the district, association or municipa ity was su'icient capacity anc in=rastructure to serve tie
proposed development. Provide evidence of existing potable water source (water bill or well permit) on the
property, if applicable.
1-0r---Sewage-Disposal Documentation. Provide evidence of existing sewage disposal source (sanitation district bill or
septic permit--)-on the property, if applicable.
11. A Septic Suitability Report shall be prepared in compliance with the requirements of Section 21 3 90 of the Weld
County Code.
1-2-.---The Rural Land Division Sketch Plan map shall include the following information:
a . Title, scale, north arrow, township, range, section, quarter section and Lot numbers.
b. Tie ayout of lots, macs, accesses, and uti ity easements. Slow tie wicti one type o= surface of a roa0S
proposed within the Rural Land Division.
c. Any special flood hazard area, MS1 area, geologic hazard overlay district, or airport overlay districts
identified in the Weld County Code.
d. Existing structures, utility lines, irrigation ditches, streams, lakes, drainageways, cropland, oil and gas
procuction faci ities, p uggec or abandonec oi ane gas we s, rai roads anc any other structure or feature
located within the proposed Rural Land Division:
13. A title commitment, including Schedules A, B 1 and B 2, issued by a title insurance company. The title
commitment shall expire thirty k30) days from preparation.
14. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subject
property. The Statement shall be from the current tax year:
15. A-Drainage Narrative shall be submitted in accordance with Section 24 3 200.A of the Weld County Code, as
amended.
16. A Traffic Narrative shall be submitted in accordance with Section 24 3 220.8 of the Weld County Code, as
amended.
44- Any other item(s) deemed necessary by the Departments of Planning Services, Public Works or Environmental
Health Services.
18. Application fee.
SEC . 24 6 40 . SKETCH PLAN PROCEDURE .
A. A Rural Land Division Sketch Plan application shall be processed according to the following procedure:
1.Tae applicant saa- submit a Rura Lane Division Sketch Plan app ication to tie Department of Panning Services
ior review. Tie Planner sia lave tie responsibi ity of ensuring twat a app ication submitta requirements are
met prier to processing the application. Upon determination that the applic-ation is complete, the application fee
shall be paid.
2 . Once the Sketch Plan- application is deemed complete and the fee paid, the Department of Planning Services shall
send the application to relevant-referral agencies for review and comment as the Planner deems necessary. A list
of referral agencies is located in Appendix 23 6 of the Weld County Code, a-s amended. The referral agencies shall
be given twenty one ( 214 days to responc frown the date o€-notice. The fai Eire of any agency to respond within
twenty-one (21) days shall be deemed a response with no concerns. All referral agency review comments are
considered recommendations to the County.
3. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application. The Staff Report
shall contain a review of the Sketch Plan application and-direction on how to proceed with the Final Plan
submittal . The Staff Report shall address all aspects of the application, including, but not limited to, referral
agency-comments- and compliance with the regulations contained in the Weld County Code, as amended.
4: The Department of Planning-Services will provide an opinion if the application has demonstrated compliance with
tae Overview anc Stancarcs per Sections 24 6 10 and 24 6 20 of tie We c County Code, as amended.
5. No plan or resolution is recorded as part of the Sketch Plan procedure.
6. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be submitted in
w iti-ng to the Departments of P anning Services and sha be signed by the property owners.
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SEC . 24 6 50 . FINAL PLAN SUBMITTAL REQUIREMENTS .
A. Prior to submitting a Rural Land Division Final Plan application, the applicant shall submit the following items to the
Department of Planning Services:
1. A contractual guarantee from the public water provider to serve the proposed Rural-Land Division—The agreement
s cemonstrate tiat tie water qua ity and quantity are sunicient to meet tie requirements o- tie uses witiin
tie Rura Land Division. Documentation 513 actress tie primary concitions o- service inc ucing payment o: tap
fees, -e-xtens on of pipelines and other water service facilities, dedication of water rights, et cetera, per the
requirements cetai ec in C.R.S § 29 20 30/ . The agreement anc suaa ementa cocumentation sia be reviewec
and accepted by the Weld County Attorney's-Office prior to acceptance of the Final Plan application.
2. A contractual guarantee from the public sanitation provider to serve the proposed Rural Land Division, if
applicable. The agreement and supplemental documentation shall be reviewed and accepted by the Weld County
Attorney's Onice prior to acceptance o= tie Fina P an app ication.
3. Written correspondence between-the applicant and referral agencies addressing the comments and concerns
detailed in the Sketch Plan Staff Report. Correspondence shall be subrr fitted for all referral agencies, including
tiose tiat c io not respond to tie Sketch Plan Stan Report proposa-.
4 . A statement that addresses any potential non compliance with the Weld County Code, as amended, as identified
in the Sketch Plan Staff Report with an explanation -of how the issues will be addressed or resolved. Major
cianges =ram a reviewee Sketch Pion may require a resubmitta o= a new Sketch Plan or tie site. The Department
of Planning Services is responsible for determining whether a major change exists. Whenmore than one ( 1) year
has elapsed since the signed Sketch Plan Staff Report, a resubmittal of 3 new Sketch Plan for the site may be
required prior to submittal of the Final Plan application;
5,---Written correspondence between the applicant and -representative-of -.he area utility service providers which
demonstrates that there are adequate utility provisions available to serve the development.
6. A Surface Use Agreement with mineral owners associated with the subject property, if applicable. Such
agreement shall-stipulate that the oil and gas activities and hard rock minerals on the subject property -have been
acequate y incorporated into tie resign o' tie site. A ternative y, tie applicant s is proviee written evicence
tiat an acequate attempt las been mace to mitigate tie concerns o; tie minera owners on tie subject
property.
8. Prior to submitting a Rural Land Division Final Plan application, the applicant shall submit a Pre Application Request
Form ano meet witi tie Department o=-P arming Services to ciscuss tie proEosa . =o owing tie °re Apo ication
meeting and acceptance of the items detailed in Section 24 6 50.A of the Weld County Code, as amended, the applicant
ray-submit a complete-Rural Land Division Final Plan application electronica--ly. The following application items are
required:
I. Application Form.
2 . Authorization Form, if applicable;
3. Deed identifying the surface estate ownership in the property and relevant lease documents.
4 . Articles of Organization or Incorporation documents if the owner is a business entity. Include
Statement/Delegation of Authority documentation.
5. Trustee documents if the owner is a Trust.
6:—Manning-Questionnaire, including, buffet-limited to:
a. Explain the reason for the Rural Land Division request.
b. Explain the reason of the proposed division layout.
c. Describe the existing and proposed uses of the property.
d. Describe the existing and proposed potable water source.
c. Describe the existing and proposed sewage disposal system .
f. Describe existing and-proposed improvements:
g. Describe any existing arid-proposed easements and-rights of way-.
h. Describe the existing and proposed access to the site.
i. Describe the current irrigation practices occurring on the site.
j. Describe the unique physical characteristics of the property, including, but not limited to, topography
water bodies, CRP ancs, = ooco ains, geoiazard areas, MSI anc airport over ay cistrict.
k. Detail the location of any on site oil-and gas facilities, irrigation ditches/laterals, pipelines, overhead lines,
railroads, etc. Provide the names and addresses of any owner or-operator of any oil and gas facilities,
irrigation ditches/laterals, pipelines, overhead lines, railroads, etc.
7. Any irrigation ditches, pipelines, overhead lines and/or railroad crossing or easement agreements, if applicable.
8. Draft Final Plan land survey plat prepared according to the plat requirements per Section 24 6 70 of the Weld
County Code, as amended.
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q. A signed buffer report and affidavit of the names, addresses and parcel numbers of the surrounding property
owners wit l in 'ive iu nerec :500, =eet o= tie property. Tie bufer report s la expire t iirty 30- days =rom
preparation.
1O - A title commitment, inc ucing Scnecu-es A, B 1 anc B 2, issuec by a tit e insurance company. Tae title
commitment shall expire thirty (30) days from preparation.
11. ksignec Statement of Taxes from tie County Treasurer showing no celinquent property taxes for tie subject
property. The Statement shall be from the current tax year.
12. if a community meeting is held, provide a sign in sheet, minutes, and summary.
13. A Final Drainage Report per Section 24 3 200.C of the Weld County Code, as amended, if required.
14. A Traffic impact Study per Section 24- 3 220.C, of the Weld County Code, as amended, if required.
15-. An improvementsl-Road Maintenance Agreement may be required.
16. Any ether item(s) deemed necessary by the Departments of Planning Services, Public Works or Public Health and
Environment, Environmental Health Services Division.
17. Application fee.
SEC . 24 6 60 . FINAL PLAN PROCEDURE .
A. The Rural Land-Division Final Plan application shall-be processed according to the following-procedure:
1. The applicant shall address the concerns and conditions in the Sketch Plan Staff Report in writing. Evidence of
such shall be submitted to the Department of Planning Services for review.
2 . Once the Sketch Plan concerns and conditions have been addressed, the applicant shall submit a Final Plan
application to the Department of Planning Services for review. The Planner shall have the responsibility of
ensuring teat a app ication submitta requirements are met prior to processing tie app ication. Upon
determination that the Final Plan application is complete, the application fee shall be paid.
3. Once the Final Plan application is deemed complete and the fee paid, the Dep-artment of Planning Services shall
send the application to relevant referral agencies for review and comment as the Planner deems necessary. A list
of referral agencies is located in Appendix 23 G of the Weld County Code,--The referral agencies shall be given
twenty eigit (28) cays to respone from tie date of notice. Tie Department of P anning Services s 1 a so send
notice of tie app ication to surrounc ing property owners wit uin five -moored (500) feet of tne subject Rural Land
Division. The failure of any agency or surrounding property owner to respond within twenty-eight (28) days may
be deemed a response with no concerns. All referral agency review comments are considered recommendations
to tie County. Tie autiority anc responsibi ity for approva anc cenia of a Prura Land Division Fina P an
application rests with the County.
4 . In the event the application includes a drainage and/or-utility easement which deviates from Subdivision Design
Standards 'or easements per Section 24 3 60 of t ie We e County Code, tie Department of P anning Services s as
schedule the Rura Land Division Fina P an uti ity cesign on tie =first avai ab-e Utilities Coordinating Advisory
Committee meeting prior to tie Board o= County Commissioners nearing. No Utilities Coordinating Advisory
Committee is required if the proposal adheres to the easement standard criteria. The Planner may schedule a
Utilities Coordinating Advisory Committee if deemed necessary-
5. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete Final Plan application. The
Staff Report shall contain a recommendation for approval or denial. The Staff Report shall address all aspects of
the application, including, but not limited to, referral agency and surrounding property owner-comments and the
regulations contained in tie Wed County Code. Tie Department of P anning Services wi review tie app ication
and cetermine if tie applicant las cemonstratec comp lance wit 's tie Overview and Standards per Sections 24 6
10 and 24 6 20 of the Weld Cot-n-ty-€ede7
6. The Planner shall schedule the Planning Commission and the Board of County Commissioners public hearings.
Legal notice and posting of both hearings may be concurrent.
7. The applicant shall provide notice to any mineral estate interests as required by Section 24 65. 5 103(3), C. R.S.
Notification -of-Mineral Interest Owners and Lessees must occur at least thirty (30) days prior to the initial public
hearing. Certification of such notice shall be submitted before the-date of the initial public hearing, per Section
24 65.5 103( 1), C. R.S.
8. Sign posting, legal publication, and surrounding property owner notification shall be required prior to the
Planning Commission hearing.
a. The Planner shall post-a-sign with case information on the property under consideration for the Rural Land
Division. The sign shall be posted adjacent to, and visible from, a publicly maintained-road right of way-in
th-e—event--he property under consiceration is not adjacent to a public y maintained road right of way, one
( 1) sign sia - be postee in tie most prominent p ace on tne property and a second sign shall be posted
w -err-a driveway (access crive) intersects a publicly maintainec roac right of way. The Department of
Page 54 of 100
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Pfa -ring Services shall certify that the sign has been posted the ten (10) days preceding the hearing date,
evidenced with an affidavit and photograph.
b. The Department of Planning Services shall arrange for legal notice of the Planning Commission hearing 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.
c. The Department of Planning Services shall gave notice of the Rural Land Division and the public hearing
dues to those persons listed in the app ication as owners oz property ocatec wit -tin five -iuncrec (500) feet
of the Rural Land Division. Such notification shall be mailed, first :lass, not less than ten (10) days before
the scheduled public hearing. Inadvertent errors by the applicant in supplying such list, or the Department
of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process,
even if such error results in the failure of a surrounding property awner to receive such notification.
d. Prior to the Planning Commission hearing, the Department of Planning Services shall draft a Planning
Commission Resolution setting ferh the recommendation to the Board of County Commissioners. Record of
suci action anc a copy of tie Reso ution wi be Kept in tie =i es o= tie C er< to tie Boarc .
9. At the public hearing, the Planning Commission shall consider the Rural Land Division application and-provide a
recommendation to the Board of County Commissioners. The recommendation shall consider the
recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at
tie pubic nearing. Tie Planning Commission sia recommenc approva o' tie Rura Lanc Division app ication
unless it finds that the applicant has not met one ( 1) or more of the Overview and Standards per Sections 24 640
and 24 6 20 of the Weld County Code.
10. The Department of Panning Services s is -orwarc tie Planning Commission Reso ution to tie C er< to tie Boarc
Within ten ( 10) days-from the Planning Commission hearing.
11. Prior to the Board of County Commissioners hearing, legal publication, and surrounding property owner
notification shall be required. The Clerk to the Board shall draft a Board of County Commissioner Resolution.
12 . At the public hearing, the-Board of County Commissioners shall consider the Rural Land Division application and
to<e 'Ina action Hereon. Tie Boarc o- County Commissioners' eecision sna consider tie recommenc Lion of the
Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The
Bear-d- of County Commissioners shall approve the--Rural Land Division application unless it finds that the applicant
nas not met one ( _) or more a= tie Overview anc Stancarcs Der Sections 24 6 10 and 24 6 20 of tie We a County
Code.
a. f tie Rura _anc Division is deniec by tie Boare ot County Commissioners, neitier tie applicant nor their
successors or assigns may app y =or a new Run Lana Division for five ►5, years, ocated on any portion of
the property contained in the original application.
b. If the Rural Land Division is conditionally approved by the Beard-ef County Commissioners, the applicant
shall address the conditions of approval enumerated in the Resolution. The revised draft land survey plat
s la be submittee to tie Department & P anning Services for review by Panning anc Pub is Wor<s sta4.
13. Upon completion of tae conditions of approve and acceptance o' tie p at, tie p at may be submittec for
recording with the recording fee to the Planner. The plat shall be signet and notarized by the property owners
and the Board of County Commissioners chairman.
14. The Department of Planning Services shall submit the plat to the Weld County Clerk and-Rec-or-dee#er recor-din -.
15. The Rura _anc Division is approvec anc bineing on tie cate tie p at is recorcec wits tie We c County C er< and
Recorder.
16. No building permits shall be issued, and no-development shag-commence until-tie-Rural Land Division Final Plat is
approvec anc recorcec in tie We c County C er< anc Recorder's O'ice anc tie improvements be constructed per
the terms of the improvements Agreement.
17. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be submitted, in
writing, to tie Department o- anning Services anc sia besignec by tie -property owners.
SEC. 24 6 70. FINAL PLAT REQUIREMENTS .
A. The Rural Land Division revised draft plat shall be submitted once an application is approved. The-applicant shall
electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works
review. P anning staff wi send tie eraft p at bac< to tie applicant witi red ine comments to be incorporatec in tie
revised plat. There may be subsequent rounds of review. Upon approval of the draft plat and completion-of-The
conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of
Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the
Department of Planning Services. The approved plat and additional requirements shall be recorded with-in one hundred
eigity ► 180; cays from tie cate of approva by tie Boarc of County Commissioners. Tie applicant sia be responsib e
for paying the recording fee.
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B. The Rural Land Division plat shall meet the following requirements:
1. The plat shall be prepared by a registered professional land surveyor in the State of Colorado.
2. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The
s-i-ze-ef each shall be twenty four (24) inches in height by thirty-six (36) inches in width, unless otherwise approved
by Planning Staff.
3. The plat shall contain north arrows and scales. The drawing shall be at a scale of one { 1) inch equals one hundred
( }- feet or one ( 1) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum scale of one ( 1) inch
equals two thousand (2,000) feet. The font shall not be less than ten ( 10) point in size. Plats drawn to other scales
must be approved, in writing, by Planning Staff.
4 . The plat shall be titled as "Rural Land Division"followed by the assigned case number.
5. The Rural Land Division lots shall be designated in ascending numerical order, on the plat and legal description.
6-. If lots surrounding the Rural Land Division are not involved in the subject Rural Land-Division, they shall be labeled
"Not a Part".
7. Tie pat sia inc ude a comp ete and accurate ega cescription o= tie parent parcel anc tie lots being createc .
8. Tie pat sia bear tie certi ications siown in Appendix 24 8 to tiis Cnapter.
9. The plat shall contain the original signatures and seals in permanent ink.
10. The plot shall delineate the location of all existing and proposed driveways and accesses associated with the Rural
Land Division.
11. The plat shall include the names of any existing roads or highways abutting the proposed Rural Land Division
property.
12. Tie pat s is inc uce tie roadway right of way ac-acent to tie parcel as we- as tie pnysica ocation o- tie
roadway.
13. Tie p at sia ce ineate a existing anc future easements or rights of way ocated on tie Rura Land Division
property.
14. The plat s is slow a unique a iysica ciaracteristics o= tie Rura Lane Division property, including, but not
imitec to, irrigation cana s anc waterbocies, f ooep ains and geoiazarc areas.
15. The plat shall include a vicinity map. The vicinity map shall locate the Rural Land Division lots with respect to
adjacent roads, municipal limits, ditches, railroads, etc. Show-a-nd-tabel- the subject section and dashed quarter
section lines.
16. The plat shall show the location and setback radii of any active, shut in or plugged and abandoned oil and gas
wells and tank batteries.
17. All work shall comply with the requirements of Sections 38 50 101 and 38 51 101, et seq., C.R.S.
18. A wor< sia comp y witi tie requirements of tie By aws anc Ru es of Procecure of tie State Boarc of
Registration for Professions Engineers and Professiona Lanc Surveyors and tie Ru es of Professiona Coneuct of
the State Board of Registration for Professional Engineers and Professional Land Surveyors Board Policy
Statement.
SEC . 24 6 80 . ENFORCEMENT .
A. Failure to Record. If the Rural Land Division plat has not been recorded within one hundred eighty ( 180) days from the
date of approva by tie Board of County Commissioners, or V a-n applicant is unab e to meet any of tie concitions
within one hundred eighty ( 180) days of approval, the Director of Planning Services may grant an extension for a period
not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling
to meet any o= tie concitions of approva or tie extension expires, tie app ication wi be forwarcec to tie Boare of
County Commissioners for-reconsideration. The entire application may be considered for denial by the Board of County
Commissioners. A ternative y, tie Boarc of County Commissioners may consicer upio cing, modifying or removing tie
contested conditions of approval.
B. Failure to Comply. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance
may result in withholding Weld County permits.
C. Failure to Construct. If no construction has begun in the Rural Land Division within three (3) y ars of the date of the
approval of the Rural Land Division Fina P an, tie Department o' P anning Services may require the property owner to
appear before the Board of County Commissioners and present evidence substantiating-that the Final Plan has not been
abanconec anc tiat tie applicant possesses tie wi ingness anc abi ity to continue tie Rura Lane Division. Tie Board
of County Commissioners may extend the date for initiation of the Rural Land Division construction and shall
periodically-require the applicant to-demonstrate that the Rural Land Division has not been abandoned. If the Board of
County Commissioners determines tiat conditions supporting the original approval of the Rural Land Division Fina P at
have changed or that the property owner cannot implement the Rural Land Division Final Plat, the Board of County
Commissioners may, after a pub is iearing, revoke tie Rura Lanc Division Fina Plat and order tie retorted Rura Lane
Division vacated.
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D. The Board of County-Commissioners shall have the power to bring an action to enjoin any subdivider from selling,
agreeing to se or oFering to se subdivided land be'ore a p at 'or suet subdivided land las been approvec and
recorded per Section 30 28 110(4), C.R.S.
SEC . 24 6 90 . AMENDMENT .
A. The Resu-bdivision process shall be followed when proposing changes to a recorded Rural Land Division plat as
described in Article VI of Chapter 24 of the Weld County Code, as amended. A new Resubdivision application shall-be
submitted for all changes besides those changes described as Corrections per Section 24 6 100 of the Weld County
Code.
B. Amendments for modifying or removing easements or building and septic envelopes are considered miner
modifications. The Department of Planning Services may approve a minor modification without a new application. The
applicant sna submit a revised cra`t p at, con forming to Resubdivision p at requirements per Section 2/ 9 SO o= tae
Wed County Coce, as amended, to tie Department o' P arming Services 'or review one acceptance. Upon acceptance,
the plat shall be submitted for recording with -the recording fee. A minor modification shall not affect other lots within
the subdivision and shall adhere to the nature of the subdivision.
SEC . 24 6 100 . CORRECTION .
A. The Boa-rd-of-County Commissioners or-Planning Director may-approve-a correction-without a hearing or compliance
with- any of the submission or review requirements of Chapter 24 of the Wel-d-County Code, as amended. The correction
; 1a on y aecress tecinica errors where suci correction is consistent wita tie aaarovec Rura _anc Division. Technical
errors include, but are not limited to, correcting scrivener errors and correc4ing surveyor errors as long as the
correction is consistent with the original intent of the approved Rural Land Division.
B. The applicant shall submit a corrected draft plat, conforming to Rural Land D vision Final Plat requirements per Section
24 6 70 of the Weld County Code, as amended, to the Department of Planning Services for review and acceptance.
Upon acceptance, the plat shall be submitted for recording with the recording fees
SEC . 24 6 110 . VACATION .
A. A property owner may request a complete vacation of an existing Rural Land Division. The vacation request shall be
submitted, in writing, to the Department of Planning-Services and shall be signed by all the-owners-of the subject lots to
be vacated. The vacation request letter shall describe the purpose of the vacation, any existing improvements and any
easements or rights of way that may be affected. The property owners shall provide the existing plat and a draft land
survey plat showing the-vacation described-by-a--metes and-bounds or aliquot-legal-descfiption or the previous legal
description of the plat.
8-. Vacations must include--all-lots created by tie initia ane subsequent p at. No p at may be vacatec in part.
C.The vacation request may be processed without any of the submittal,-referra, or review requirements of Chapter 24 of
tie Wee County Coce, as ameneec . No sign oosting, ega pub ication, or surrounding property owner notHcation sia -
be required.
07 Upon receipt of the vacation request letter, the Planner-will prepare a memorandum summarizing the vacation request
to be forwarded to the Clerk to the Board. Rural Land Division plat vacations will be placed on the Board of County
Commissioners Consent Agenca un ess otierwise requestec by tie Board of County Commissioners to be presentee in
a public hearing.
E. = a rearing is scieeu-ed, a property owners a'fectec by tie vacation sia be notifiec of tie searing cate, time anc
ocation via Certified Mai , sent by tie C er< to tie Boarc, at east ten ' 10 says prior to tie nearing.
F. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the-determination that the Rural
Lane Division oat is vacatec . Recore oz such action and a cooy o' the Reso ution wi be -ceot in tie fi es o' tie C er< to
the Board. The Board of County Commissioners shall arrange for the Clerk to the Board to record the Resolution.
G. In the event any easement is included in the vacation, the resolution may be conditioned that the applicant provide
evidence that the interests of the easement grantees are protected.
H . In the-event any right of way is included in the vacation, the resolution may be conditioned that the applicant shall
submit a separate vacation of right of way petition to the Clerk to the Board.
' tie vacation request is approved by tie Boarc o' County Commissioners, tie anc survey p at s 13 be submittec to
tie Department o' Panning Services for recorcing wit i tie recorc ing 'ee anc s is be signec by tie property owners
and the Board of County-Commissioners,The vacation is in effect the date of recordation of the land survey- plat with
the Weld County Clerk and Recorder.
J. Vacation of a Rural Land Division shall comply with all Zoning and Subdivision regulations per Chapters 23 and 24 of the
Weld County Code, as amended.
ARTICLE VII - FAMILY FARM DIVISION
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SEC . 24- 7 - 10 . - OVERVIEW .
A. The Family Farm Division is a one-time-only land division for the purpose of creating a permanent, legal lot for
the benefit of family members or farm employees related to the operation of the on-site, active family farm or
ranch . A family farm or ranch is one in which ownership and control of the operation is held by a family of
individuals related by blood, marriage, or adoption .
B . The standards of the Family Farm Division have been designed to allow for an additional lot for beneficial use
by family farms and ranches while also supporting the objective of preserving functional agricultural land .
C. The Family Farm Division seeks to support the agricultural heritage and families of Weld County by accounting
for the ever-changing dynamics among farming practices, technologies, and agribusiness structure, while
preserving the integrity of individualized farm ownership and management.
[Delete D and reletter. (See 24-7-20 below .) ]
Dr. Lots tiat are part o- a Historic Townsite, Planned Unit Development, Major or Minor Subcivision , Rura Lanc
Division, Resubdivision, or =ami y =arm Division s -a not be divided by a Fami y =arm Division.
E . The Family Farm Division shall adhere to Chapters 22 and 23 of the Weld County Code and to the General
Provisions and Conformance Standards per Chapter 24, Articles I and II of the Weld County Code, as amended .
F. The Board of County Commissioners hereby determines that the Family Farm Division process is not within the
purposes of Article 28 of Title 30, C. R .S. Pursuant to Subsection 30-28- 101 ( 10)( d), C. R .S., and, therefore, is
exempt from the definition of subdivision or subdivided land and from following the subdivision procedures
and requirements set forth in this Chapter. However, the land divisions shall follow the procedures and
requirements set forth in this Article.
SEC . 24 - 7 - 20 . - STANDARDS .
The Family Farm Division (FFD) is a land division process used to divide a parcel into two ( 2) separate lots and
is subject to the following criteria :
A. The property to be divided by the proposed Family Farm Division shall be comprised of one ( 1) legal lot.
B . The Family Farm Division shall only be permitted in the A (Agricultural ) Zone District.
C. The larger lot shall not be less than thirty-five (35 ) acres net.
D. The smaller lot shall not be greater than ten ( 10) acres net.
E . The smaller lot shall not be less than one ( 1 ) acre net if served by public water or two and one-half ( 2. 5) acres
net if served by a water well .
F. Each lot shall be served by a separate on-site wastewater treatment system (OWTS) or public sewer.
G . Access shall meet all safety criteria as outlined in Chapter 8, Article XIV of the Weld County Code, as amended .
When feasible, access between the Family Farm Division lots should be shared to minimize conflict points along
the publicly maintained roadway roadway. If a shared access is proposed, a separate recorded access and
utility easement agreement addressing maintenance shall be submitted .
H . Lots that are part of a Historic Townsite, Planned Unit Development, Major or Minor Subdivision, Rural Land
Division, Resubdivision, Family Farm Division, or Lot Line Adjustment that was originally a Family Farm Division
shall not be divided by a Family Farm Division .
I . The Family Farm Division shall not create or increase any nonconformity relating to the A (Agricultural ) zone
district bulk requirements in Section 23-3-70 of this Code .
SEC . 24- 7 - 30 . - SUBMITTAL REQUIREMENTS .
A complete Family Farm Division application shall be submitted electronically to the Department of Planning
Services and shall include the following:
A. Application Form .
B. Authorization Form, if applicable .
C. Family Farm Affidavit which attests that the Family Farm Division is for the benefit of the family farm or ranch .
[Delete D. and reletter.]
Page 58 of 100
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D. Family Farm Division Standards Certification that the application complies with the criteria per Section 24 7
20 of the Weld County Code, as amended.
E . Deed identifying the surface estate ownership in the property and relevant lease documents.
F. Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the corporation 's
behalf, or trustee documents if the owner is a trust. Include Statement/Delegation of Authority
documentation.
G . Trustee documents if the owner is a Trust . Questionnaire as required in the application packet.
[Delete H . and reletter. ]
H . Planning Questionnaire, including, but not limited to :
1 . Explain the reason for the Family Farm Division request.
2. Explain the reason of the proposed division layout.
3. Describe the existing and proposed uses of the property.
4 . Describe the existing and proposed potable water source .
5. -Describe the existing and proposed sewage disposal system .
6. Describe existing and proposed improvements.
—Describe any existing and proposed easements and rights of way .
8. Describe the existing and proposed access to the site.
4---Describe the current irrigation practices occurring on the site.
10. Describe the unique physical characteristics of the property, including, but not limited to, topography,
water bodies, CRP lands, vegetation, floodplains, geohazard areas, MS4 and airport overlay -district.
11 . Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines,
cailroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities,
irrigation ditches/lateral, pipelines, overhead lines, railroad, etc.
I . Water Supply Documentation . Example : A letter or bill from a water district or municipality, or a well permit
from the State Division of Water Resources. Provide a statement if upgrading the water source from
agricultural or residential usage to commercial or industrial .
J . Sewage Disposal Documentation . Example : A septic permit or bill from a sanitary sewer district.
K . Draft Family Farm Division land survey plat prepared according to the plat requirements per Section 24-7-50
of this Chapter the Weld County Code, as amended.
L. A title product, sometimes referred to as a "preliminary title report" or an "informational commitment," issued
by a title insurance agency, agent, or company registered with the state, that includes a legal description and
date of the report (typically on "Schedule A" ) and a list of exceptions (typically on "Schedule B" or "Schedule
B-2") .The title product shall be dated no more than thirty (30) days prior to submittal. A title commitment,
including Schedules A, B 1 and B 2, issued by a title insurance company. The title commitment shall expire
thirty ( 30) days from preparation :
M . A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject
property. The Statement shall be from the current tax year.
N . Any other item(s) deemed necessary by the Departments of Planning Services, Public Works or Public Health
and Environment, Environmental Health Services Division .
O. Application fee.
SEC . 24- 7 -40 . - PROCEDURE .
A Family Farm Division application shall be processed according to the following procedure :
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A. The Board of County Commissioners delegates the authority and responsibility for processing and approving
Family Farm Divisions to the Department of Planning Services.
B. The applicant shall submit a Family Farm Division application to the Department of Planning Services for
review. The Planner shall have the responsibility of ensuring that all application submittal requirements are
met prior to processing the application . Upon determination that the application is complete, the application
fee shall be paid .
C. Once the application is deemed complete and the fee paid, the Department of Planning Services shall send the
application to relevant referral agencies for review and comment as the Planner deems necessary and give
notice to those persons listed in the application as lienholders of the subject property. Inadvertent errors by
the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not
create a jurisdictional defect in the hearing process, even if such error results in the failure of a lienholder to
receive such notification . A list of referral agencies is located in Appendix 23-G of the Weld County Code . The
referral agencies shall be given twenty-one ( 21) days to respond from the date of notice. The failure of any
agency to respond within twenty-one ( 21 ) days may be deemed a response with no concerns. All referral
agency review comments are considered recommendations to the County. The authority and responsibility for
approval or denial of a Family Farm Division application rests with the County.
D. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application . The Staff
Report shall contain a recommendation for approval or denial . The Staff Report shall address all aspects of the
application, including, but not limited to, referral agency comments and the regulations contained in the Weld
County Code .
E . The Department of Planning Services may administratively approve the application if the applicant has
demonstrated compliance with the Overview and Standards per Sections 24-7-10 and 24-7-20 of the Weld
County Code .
F. If the Department of Planning Services reviews the application and determines the applicant has not met one
( 1 ) or more of the Overview and Standards per Sections 24-7-10 and 24-7-20 of the Weld County Code, the
Planner shall prepare the Staff Report with a recommendation of denial and a hearing shall be scheduled
before the Board of County Commissioners.
G . If recommended for denial, the Board of County Commissioners shall hold a public hearing to consider the
Family Farm Division application and to take final action thereon . The applicant shall be notified of the hearing
date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten ( 10) days prior to the
hearing. No sign posting, legal publication, or surrounding property owner notification shall be required for the
hearing.
1 . The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff,
referral agency responses, the application case file and facts presented at the public hearing. The Board
of County Commissioners shall approve the Family Farm Division application unless it finds that the
applicant has not met one ( 1 ) or more of the Overview and Standards per Sections 24-7-10 and 24-7-20
of the Weld County Code .
2. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution .
3 . If the Family Farm Division is denied by the Board of County Commissioners, neither the applicant nor
their successors or assigns may apply for a new Family Farm Division for five (S) years, located on any
portion of the property contained in the original application .
H . If the Family Farm Division is approved by either the Department of Planning Services or the Board of County
Commissioners, the applicant shall address the conditions of approval enumerated in the staff report or
Resolution . The revised draft land survey plat shall be submitted to the Department of Planning Services for
review by Planning and Public Works staff.
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I . Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for
recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners.
If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by
the Board of County Commissioners, the Chair of the Board shall sign the plat.
J . The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording.
K . The Family Farm Division is approved and binding the date the plat is recorded with the Weld County Clerk and
Recorder.
L. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be submitted ,
in writing, to the Department of Planning Services and shall be signed by the property owners.
SEC . 24- 7 - 50 . - PLAT REQUIREMENTS .
The Family Farm Division revised draft plat shaft be-submitted once an application is approved . The applicant
sia e ectronica y submit tie Graft pat in PDF format to tie Department of P anning Services 'or P anning anc
Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be
incorporated in the revised plat. There may be subsequent rounds of review. Upon approval of the draft plat and
completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the
Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and
Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded
within one hundred twenty ( 120) days from the date the administrative review was signed or from the date of
approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee.-
The Family Farm Division plat shall comply with Section 24-2-70 of this Chapter as well as meet the following
requirements:
A. The plat shall be prepared by a registered professional land surveyor in the State of Colorado.
The plat shall be delineated in permanent black in.k on a dimensionally stable polyester sheet such as Mylar.
The size of each shall be twenty four (24) inches in height by thirty six ( 36) inches in width
C. The plat shall contain north arrows and scales. The drawing shall be at a scale of one ( 1 ) inch equals ono
hundred ( 100) feet or one ( 1 ) inch equals two hundred ( 200) feet. Vicinity maps shall be at a minimum scale of
one ( 1 ) inch equals two thousand ( 2,000) feet. The font shall not be less than ten ( 10) point in size. Maps drawn
to otter sca es must be approvec, in writing, by R anning
PA. The plat shall be titled as " Family Farm Division " followed by the assigned case number.
€B. The plat shall include a complete and accurate legal description of the parent parcel and the lots being created.
F. The plat shall bear the certifications shown} in Appendix 24 C to this Chapte{
G. The plat shall contain the original signatures and seals in permanent ink.
H. The plat shall contain a list of the history of land divisions and amendrments, which resulted in the parent parcel.
Reference previous land divisions by case number, reception number a-nd recording date or deed .
IC. The plat shall delineate the location of all existing and proposed driveways and accesses accesses associated
with the Family Farm Division .
ID . The plat shall include the names of any existing roads roads or highways abutting the proposed Family Farm
Division property.
KE . The plat shall include the roadway road right-of-way adjacent to the parcel as well as the physical location of
the roadway roadway, and right-of-way creation documentation . Future right-of-way, if any, shall also be
shown.
1=F. The plat shall delineate all -existing and future easements or rights of way located on the Family Farm Division
property . The smaller lot shall be designated "Lot A" and the larger /ot shall be designated "Lot B ." AM lots shall
be labeled with their areas in square feet and acreage to the nearest one-hundredth (0 .01 ) of an acre.
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M. Tie pat sia slow a unique piysica ciaracteristics of tie Fami y Farm Division property, inc ucing, but not
imitec► to, irrigation cana s anc waterbocies, oocp ains anc geoiazarc areas.
N-- --Tie p at sia incude a vicinity map. Tie vicinity map sia ocate tie Farni y Farm Division -ots wits respect to
adjacent roads, municipal limits, ditches, and railroads, etc. Show and label the subject section and dashed
quarter section lines.
O. The plat shall show the location and setback radii of any active, shut in or plugged or abandoned oil and gas
wells and tank batteries.
P . Lots sia be cesignatec in a piabetica orcer on tie p at anc ega cescription from sma est to argest basee
on lot size.
Q. All work shall comply with the requirements of Sections 38 5O 101 and 38 51 101 et seq ., C.R .S.
R . A wor< sia romp y wit i tie requirements of tie By aws ano Ru es oz Procedure of tie State Boarc 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
Statement.
SEC . 24- 7 - 60 . - ENFORCEMENT .
A. Failure to Record . If the Family Farm Division plat has not been recorded within one hundred twenty (120)
days from the date the Staff Report was administratively signed or the date of approval by the Board of County
Commissioners, whichever is later, or if an applicant is unable to meet any of the conditions within one
hundred twenty ( 120) days of approval, the Director of Planning Services may grant an extension for a period
not to exceed one ( 1 ) year, for good cause shown, upon a written request by the applicant. If the applicant is
unwilling or unable to meet any of the conditions of approval or the extension expires, the application will be
forwarded to the Board of County Commissioners for reconsideration . The property owner shall be notified of
the hearing via certified mail no less than ten ( 10) days prior to the hearing. The Board of County
Commissioners may, after a public hearing, rescind the approval . The entire application may be considered for
cenia by toe Boarc o' County Commissioners. A ternative y, t ie Boarc of County Commissioners may consicer
up io cing, moc Vying or removing tie contestec conditions of approva .
B. Failure to Comply. All property within the Family Farm Division shall comply with the approved Family Farm
Division and the recorded plat, including, but not limited to, any development standards or notes on the plat.
Noncompliance shall result in withholding Weld County permits on any affected property. The property owner
snail comply with the recorded plat notes and lot configuration . Noncompliance may result in locking of the
lots and withholding Weld County permits as described in Article XV of this Chapter.
C. Tie Roam of County Commissioners sia nave the power to bring an action to enjoin any subdivider from
se ing, agreeing to se or offering to se subdivided land before a pat for sun subdivided land las been
approved and recorded per Section 30 28 110(4), C.R.S.
SEC . 24 - 7 - 70 . - AMENDMENT.
The Lot Line Adjustment process shall be followed when proposing changes to a recorded Family Farm Division
plat as described in Article X of this Chapter.
A. The Lot Line Adjustment process shall be followed-when proposing changes to a recorded Fam-ily Farm Division
plat as described in Article X of Chapter 24 of the Weld County Code, as amended. A new Lot Line Adjustment
application shall be submitted for all changes besides those changes described as Corrections per Section 24
7 80 of the Weld County Code.
8. Amencments for moci'ying or removing easements or bui cing anc septic enve opes arc consi - erec minor
modifications. The Department of Planning Services may approve a minor modification without a new
application . The applicant shall submit a revised draft plat, conforming to Lot Line Adjustment plat
review and acceptance. Upon acceptance, tie p at sia I be submitted for recording with the recording fee.
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SEC . 24- 7 -80 . - CORRECTION .
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-51-111 (2),
C. R.S., a surveyor may record a new plat for the affected property that references the original plat and shows the
correction, but only to correct the following:
A. A bearing, distance, or elevation that was omitted or labeled incorrectly.
B. Text that was misspelled or mislabeled .
C. An error or omission ascertainable from the data shown on the recorded plat or parcel described .
D . An error within a parcel description shown on the recorded plat.
All other changes shall require a Lot Line Adjustment as described in Article X of this Chapter.
A. The Planner may approve a correction to a Family Farm Division without a hearing or compliance with any of
the submission, referral or review requirements of Chapter 24. The correction shall only address technical
errors where such correction is consistent with the approved Family Farm Division . Technical errors include,
but are not limited to, correcting scrivener errors and correcting surveyor errors as long as the correction is
consistent with the original intent of the approved Family Farm Division.
B. Tie applicant sia submit a correctec cra't p at, conforming to Fami y Farm Division pat requirements per
Section 24 7 SO of the Weld County Code, to the Department of Planning Services for review and acceptance.
Upon acceptance, tie pat sia be submittec 'or recorcing wits tie recorcing fee.
SEC . 24- 7 -90 . - VACATION .
A. A Family Farm Division plat may be vacated in accordance with this Section 24-7-90. A property owner may
request a comp ete vacation o' an existing Fami y Farm Division . The vacation request shall be submitted, in
writing, to the Department of Planning Services and shall be signed by all the owners of the subject lots to be
vacated . The vacation request letter shall describe the purpose of the vacation, any existing improvements and
any casements or rights of way that may be affected . The property owners sho-ll provide the existing plat and
a draft land survey plat showing tie vacation eescribed by a metes arc bounds or aliquot ega cescription .
B. Vacations must include all lots created by of the initial and subsequent Family Farm Division . No Family Farm
Division may be vacated in part . A vacation of a Family Farm Division plat results in one ( 1 ) lot with a metes
and bounds or aliquot legal description . No internal lot lines shall be shown on the vacation plat.
C. Vacation of a Family Farm Division vacates all easements created by the original Family Farm Division plat being
vacated . Easements created by separate instrument and road rights-of-way are not affected by a vacation of a
Family Farm Division . The vacation request may be processed without any of the submission, referral or review
requirements o' Chapter 24. No sign posting, ega pub ication, or surrouncing property owner noti'ication
shall be required .
D. Submittal requirements. The applicant shall submit the following items electronically to the Department of
Planning Services: Upon receipt o' tie vacation request etter, tie Planner wi prepare a memorancum
summarizing the vacation request to be forwarded to the Clerk to the Board . Family Farm Division vacations
will be placed on the Board of County Commissioners Consent Agenda unless otherwise requested by the
Board of County Commissioners to be presented in a public hearing.
1 . Application form .
2 . Authorization form, if applicable .
3 . Deed identifying the surface estate ownership in the property.
4. Articles of organization or incorporation documents if the owner is a corporate entity, and a
statement/delegation of authority for the person authorized to sign on the corporation's behalf, or
trustee documents if the owner is a trust.
5 . A County Treasurer statement from the current tax year showing no delinquent property taxes for the
subject property.
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6. A draft deed with the metes and bounds legal description conveying the vacated property to the applicant
to be recorded by the applicant after approval and recording of the Board resolution,
7. An exhibit including the following:
a . A map showing the boundary of the property,
b. The Clerk and Recorder's reception number and date of recording for the plat being vacated, and
c. A metes and bounds legal description for the subject property.
E. Process. If a hearing is scheduled, all property owners affected by the vacation shall be notified of the hearing
sate, time anc ocation via CertHec IVai , sent by tie C er< to tie Boarc , at east ten ( 10 ' cays prior to tie
hearing.
1. Once the Planner has determined the application is complete and in compliance with this Section 24-7-
90, the Clerk to the Board shall draft a Board Resolution approving the vacation and place the resolution
on the Board' s Consent Agenda in accordance with Section 2-1-30 of this Code. If approved, the Clerk to
the Board shall record the resolution with the exhibit described in the previous Subsection 24-7-90 .D .7
attached . The applicant shall record a deed with the metes and bounds or aliquot legal description from
the plat. Building permits may be withheld until the deed is recorded .
2. If the application is determined to be not in compliance with this Section 24-7-90 and the applicant has
not corrected the deficiencies within sixty (60) days of being notified of the deficiencies by the Planner,
the Clerk to the Board shall draft a Board resolution denying the vacation and request that the resolution
be placed on the Board's regular agenda . The Planner shall notify the applicant at least ten ( 10) days prior
to the hearing.
Prior to tie searing, tie C er< to tie Boarc sia c ra-t a Boarc Reso ution setting 'ort i tie cetermination tnat
tie Fami y Farm Division is vacatee . Recorc of suci action anc a copy of tie Reso ution wi be <ept in tie fi es
of the Clerk to the Board . The Board of County Commissioners shall arrange for the Clerk to the Board to record
the Resolution.
G.In the event any easement is included in the vacation, the resolution may be conditioned that the applicant
provide evidence that the interests of the easement grantees are protected .
H . if the vacation request is approved by the Board of County Commissioners, the land survey plat shall be
submitted to the Department of Planning Services for recording with the recording fee and shall be signed by
tie property owners and tie Boarc of County Co m+ssioners. Tie vacatio-n i-s in effect tie sate of recorcation
of the land survey plat with the Weld County Clerk and Recorder.
I. Vacation of a Family Farm Division shall comply with all current Zoning and Subdivision regulations per
Chapters 23 and 24- of the Weld County Code, as amended .
ARTICLE VIII - PUBLIC FACILITY DIVISION
SEC . 24-8 - 20 . - STANDARDS .
The Public Facility Division is a land division process used to divide a parcel into two ( 2) separate lots and is
subject to the following criteria . The lot with the public facility is referred to herein as the "PFD Lot" and the
remaining parcel is referred to as the "Remainder Lot."
A. The property to be divided by the proposed Public Facility Division shall be comprised of one ( 1) legal lot.
B. A Public Facility Division may be permitted in any zone district included in Chapter 23, Article III , of this Code,
except the PUD (Planned Unit Development) zone district .
C. One of the two lots must be less than thirty-five (35 ) acres gross in size.
D. If the PFD Lot will contain an unmanned facility, it shall have no minimum lot size and shall not be permitted for
uses requiring water or sewer services.
E . If the PFD Lot will contain a manned facility, it shall not be less than one ( 1) acre net in size if served by a public
water source or two and one-half ( 2.5) acres net if served by a water well .
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F. If the PFD Lot will contain a manned facility, it shall be served by an on-site wastewater treatment system
(OWTS) or public sewer.
G . The Remainder Lot must be at least one ( 1 ) acre net if served by a public water source or two and one-half (2 .5 )
acres net if served by a water well .
H . The PFD Lot shall not be further divided by land division process as described in Chapter 24.
I . The Remainder Lot may be considered as land eligible for future land division, including, but not limited to, the
Public Facility Division .
J . Access shall meet all safety criteria as outlined in Chapter 8, Article XIV, of this Code. When feasible, access
between the lots should be shared to minimize conflict points along the Weld County maintained roadway. If a
shared access is proposed, a separate recorded access and utility easement agreement addressing maintenance
shall be submitted .
K . No permits shall be issued for any improvements on the PFD Lot, except for permits related to the public facility.
L. The Public Facility Division shall not create or increase any nonconfcrmity relating to the zone district bulk
requirements.
A. The Public Facility Division is a land division process used to divide a parcel into two ( 2) separate lots and is
subject to the following criteria :
1 . The property to be divided by the proposed Public Facility Division shall be comprised of a legal lot.
2 . One of the two resultant lots from the Public Facility Division must be less than thirty five ( 35) acres gross
in size.
3. If the Public Facility Division Lot will contain an unmanned facility, there is no minimum lot size and the
lot shall not be permitted for water or sewer services.
/1 . If the Public Facility Division Lot will contain a manned facility, the lot shall not be less than one ( 1) acre in
size if served by a public water source of two and one half ( 2 .5) acres if served by a water well .
S. If the Public Facility Division Lot will contain a manned facility, the lot shall be served by an on site
wastewater treatment system (OWTS) or public sewer.
6. The remaining parcel that the Public Facility Division Lot was exempted from must be at least one ( 1 ) acre
net if served by a public water source and two and one half (2 . 5) acres net if served by a perm-fitted water
well.
7 . The lot which contains the public facility shall not be further divided by land division process as described
in Chapter 24.
8. The lot which does not contain the public facility may be considered as land eligible for future land division
utilizing the P-annec Unit Deve opment, Minor Subcivision, Rura Land Division or Public Faci ity Division
processes.
9. Access shall meet all safety criteria as outlined in Chapter 8, Article XIV of the Weld County Code, as
amended . When feasible, access between the Public Facility Division lots should be shared to minimize
conflict points along the Weld County maintained roadway. If a shared access is proposed, a separate
recorded access and utility easement agreement addressing maintenance shall be submitted .
10. A Public Facility Division may be permitted in any Zone District included in Chapter 23, Article Ill of the
Weld County Code, as amended.
11 . Public Facility Divisions lot lines may be amended utilizing the Lot Line Adjustment procedure as detailed
in Article X of Chapter 24, as amended.
12 . No Planning or Buildi-ng permits shall be issued for any improvements on the lot which contains the public
facility, except for permits related to the public facility.
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SEC . 24-8 - 30 . - SUBMITTAL REQUIREMENTS .
A complete Public Facility Division application shall be submitted electronically to the Department of Planning
Services and shall include the following:
A. Application Form .
B. Authorization Form, if applicable .
C. Public Facility Affidavit which attests that the Public Facility Division is for public facilities, utilities or
infrastructure owned by a governmental, public or quasi-public entity.
[Delete D. and reletter remaining.]
D. Public Facility Division Standards Certification that the application complies with the criteria per Section 24 8
20 of the Weld County Code, as amended .
E . Deed identifying the surface estate ownership interest in the property and relevant lease documents.
F. Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the corporation 's
behalf, or trustee documents if the owner is a trust. include Statement/Delegation of Authority
documentation .
G . Trustee documents if the owner is a Trust. Questionnaire as required in the application packet.
[Delete H . and reletter.]
H . Planning Questionnaire, including, but not limited to :
1 . Explain the reason for the Public Facility Division request.
2. Explain any associated land use permit for the proposed public facility.
3. Explain the reason of the proposed division layout.
4 . Describe the existing and proposed uses of the property.
5 . Describe the existing and proposed potable water source, if applicable.
6. Describe the existing and proposed sewage disposal system, if applicable.
7. Describe existing and proposed improvements.
8. Describe the existing and proposed access to the site.
9. Describe any existing and proposeG casements anc rights of way.
10. Describe the current irrigation practices occurring on the site.
11 . Describe the unique physical characteristics of the property, including, but not limited to, topography,
water bodies, CRP lands, vegetation, floodplains, geohazard a-r-eas, MS4 and airport overlay district.
12. Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead
lines, railroad, etc. Provide the names and addresses of any owner or operator of any oil and gas
facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc.
I . Water Supply Documentation . Example : A letter or bill from a water district or municipality, or a well permit
from the State Division of Water Resources. No water supply documentation is needed if the PFD
Facility Division Lot will contain an unmanned facility.
J . Sewage Disposal Documentation . Example : A septic permit or bill from a sanitary sewer district. No sewage
disposal documentation is needed if the PFD Lot Public Facility Division Lot will contain an unmanned facility.
K . Draft Public Facility Division land survey plat prepared according to the plat requirements per Section 24-8-50
of this Chapter the Weld County Code, as amended.
L. A title product, sometimes referred to as a "preliminary title report" or an "informational commitment,"
issued by a title insurance agency, agent, or company registered with the state, that includes a legal
description and date of the report (typically on "Schedule A" ) and a list of exceptions (typically on "Schedule
B" or "Schedule B-2" ) .The title product shall be dated no more than thirty (30) days prior to submittal . A title
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commitment, including Sciecu es A, B anc B 2, issuee by a tit e insurance company. The tite commitment
shall expire thirty ( 30) days from preparation .
M . A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject
property. The Statement shall be from the current tax year.
[Delete N . and reletter remaining.]
N . Access to the parcel(s) shall meet all safety criteria as outlined in Chapter 8, Article XIV of the Weld County
Code.
O. A Preliminary Drainage Report per Section 24-3-200. B of this Chapter :he Weld County Code, as amended, if
required . Larger facil+tics may be required to complete on site detention . On-site detention in accordance
with the Drainage Report may be required on the PFD Lot.
P . A Traffic Narrative Preliminary Traffic Impact Analysis shall be submitted in accordance with Appendix 8-Q of
this Code, if required Section 24 3 220. E of the Weld County Code, as amended .
Q. An improvements/Road Maintenance Agreement Improvements Agreement in accordance with Section
[update with new section in Chapter 8] , may be required .
R. Any other item (s) deemed necessary by the Departments of Planning Services, Public Works or Public Health
and Environment, Environmental Health Services Division .
S. Application fee.
SEC . 24-8 -40 . - PROCEDURE .
A Public Facility Division application shall be processed according to the following procedure :
A. The Board of County Commissioners delegates the authority and responsibility for processing and approving
Public Facility Divisions to the Department of Planning Services.
B. The applicant shall submit a Public Facility Division application to the Department of Planning Services for
review. The Planner shall have the responsibility of ensuring that all application submittal requirements are
met prior to processing the application . Upon determination that the application is complete, the application
fee shall be paid .
C. Once the application is deemed complete and the fee paid, the Department of Planning Services shall send the
application to relevant referral agencies for review and comment as the Planner deems necessary and give
notice to those persons listed in the application as lienholders of the subject property. Inadvertent errors by
the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not
create a jurisdictional defect in the hearing process, even if such error results in the failure of a lienholder to
receive such notification . A list of referral agencies is located in Appendix 23-G of the Weld County Code . The
referral agencies shall be given twenty-one ( 21 ) days to respond from the date of notice. The failure of any
agency to respond within twenty-one ( 21 ) days may be deemed a response with no concerns. All referral
agency review comments are considered recommendations to the County. The authority and responsibility for
approval or denial of a Public Facility Division application rests with the County.
D. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application . The Staff
Report shall contain a recommendation for approval or denial . The Staff Report shall address all aspects of the
application, including, but not limited to, referral agency comments and the regulations contained in the Weld
County Code .
E . The Department of Planning Services may administratively approve the application if the applicant has
demonstrated compliance with the Overview and Standards per Sections 24-8-10 and 24-8-20 of the Weld
County Code .
F. If the Department of Planning Services reviews the application and determines the applicant has not met one
( 1 ) or more of the Overview and Standards per Sections 24-8-10 and 24-8-20 of the Weld County Code, the
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Planner shall prepare the Staff Report with recommendation of denial and a hearing shall be scheduled before
the Board of County Commissioners.
G . If recommended for denial, the Board of County Commissioners shall hold a public hearing to consider the
Public Facility Division application and to take final action thereon . The applicant shall be notified of the hearing
date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten ( 10) days prior to the
hearing. No sign posting, legal publication, or surrounding property owner notification shall be required for the
hearing.
1 . The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, •
referral agency responses, the application case file and facts presented at the public hearing. The Board
of County Commissioners shall approve the Public Facility Division application unless it finds that the
applicant has not met one ( 1 ) or more of the Overview and Standards per Sections 24-8-10 and 24-8-20
of the Weld County Code .
2 . Prior to the hearing, the Clerk to the Board shall draft a Board Resolution .
3 . If the Public Facility Division is denied by the Board of County Commissioners, neither the applicant nor
their successors or assigns may apply for a new Public Facility Division for five (5) years, located on any
portion of the property contained in the original application .
H . If the Public Facility Division is approved by either the Department of Planning Services or the Board of County
Commissioners, the applicant shall address the conditions of approval enumerated in the staff report or
Resolution . The revised draft land survey plat shall be submitted to the Department of Planning Services for
review by Planning and Public Works staff.
I . Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for
recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners.
If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by
the Board of County Commissioners, the Chair of the Board shall sign the plat.
J . The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording.
K . The Public Facility Division is approved and binding the date the plat is recorded with the Weld County Clerk
and Recorder.
L. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be submitted
in writing to the Departments of Planning Services and shall be signed by the property owners.
SEC . 24-8 - S0 . - PLAT REQUIREMENTS .
The Public Facility Division revised draft plat shall be submitted once an application +s approved . The applicant
shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning-and
Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be
incorporated in the revised plat. There may be subsequent rounds of review. Upon approval of the draft plat and
comp etion of tie concitions of approva , the applicant sha submit tie signed and notarized approvec p at to tie
Department of Planning Services. The approved plat shawl be recorded in the Office of the Weld County Clerk and
Recorder by the Department of Planning Services. The approved p4at and a4ditional re irements shall be recorded
within one hundred twenty ( 120) days from the date the administrative review was signed or from the date of
The Public Facility Division plat shall comply with Section 24-2-70 of this Chapter as well as meet the following
requirements:
A. The plat shall be prepared by a registered professional land surveyor the State of Colorado.
B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar.
The size of each shall be twenty four (24) inches in height by thirty six (36) inches in width .
C. The plat shall contain north arrows and scales. The drawing shall be at a scale of one ( 1) inch equals one
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one ( 1 ) inch equals two thousand ( 2,000) feet. The font shall not be less than ten ( 10) point in size . Maps drawn
to other scales must Se approved, in writing, by Planning Staff.
DA. The plat shall be titled as " Public Facility Division " followed by the assigned case number.
LB. The plat shall include a complete and accurate legal description of the parent parcel and the PFD Lot lots being
created .
l=. The plat shall bear the certifications shown in Appendix 24 D to this Craapter.
G. The plat shall contain the original signatures and seals in permanent ice .
MC. The plat shall contain a list of the history of land divisions and amendments, which resulted in the parent parcel.
Reference previous land divisions by case number, reception number and recording date or deed .
ID. The plat shall delineate the location of all existing and proposed driveways and accesses accesses associated
with the Public Facility Division .
M . The plat shall include the names of any existing roads roods or highways abutting the proposed Public Facility
Division property.
XF . The plat shall include the roadway road right-of-way adjacent to the PFD Lot parcel as well as the physical
location of the roadway roadway, and right-of-way creation documentation . Future right-of-way, if any, shall
also be shown .
L. The plat shall delineate all existing and futureeasements or rights of way located on the Public Facility Division
property.
NI . The plat shall show all unique physical characteristics of the Public Facility Division property, including, but not
irnitec to, irrigation cana s anc waterbooies, f oo&p ains and geohazarc areas.
N . The plat &hall i#clude- a v+cifl-ity map. The vicinity map shall locate the Public Facility Division lots with respect
to adjacent roads, municipal limits, ditches, and railroads, etc. Show and label the subject section and dashed
quarter section lines.
O. The plat shall show the location anc setbac< radii o : any active, slut in or p uggec or abandonec of anc gas
wells and tank batteries-
PG . The lot to be utilized by the public facility shall be designated as "PFD Lot" on the plat map and legal description .
QH. The remaining parcel Remainder Lot shall be only shown and surveyed on the plat map if the parent parcel is
a lot line adjustment lot, recorded exemption lot, or subdivision exemption lot or if the remaining parcel
Remainder Lot is less than thirty-five (35) acres gross, in which case it and shall be designated as " Remainder
Lot" on the plat. of as otherwise designated by the Department of Planning Services. The Remainder Lot shall
not be included on the plat map if it is greater than thirty-five (35) acres unless the parent parcel is a lot line
adjustment lot, recorded exemption lot, or subdivision exemption lot. The legal description of the Remainder
Lot shall be by metes and bounds.
R . The remaining parcel shall not be included on the plat map if the remaining parcel is greater than thirty five
( 35) acres gross. However, the applicant shall provide a statement and metes and bounds legal description of
tie remaining parcel, stampec by a professiona anc surveyor, registerec in tie State of Co oraco, certifying
that the remaining parcel is greater than thirty five ( 35) acre gross.
S. A wor-c sia comp y wits tie requirements of Sections 38 50 101 anc 38 51 101 et seq ., C. R .S.
T. All work shall comply with the requirements of the Bylaws and Rules of Procedure of the State Board of
Registration for Pro'essiona Engineers anc Professiona Lanc Surveyors anc tie Rues of Professiona Concoct
of the State Board of Registration for Professional Engineers and Professional Land Surveyors Board Policy
Statement.
I . All lots shall be labeled with their areas in square feet and acreage to the nearest one-hundredth (0.01 ) of an
acre .
SEC . 24 -8 - 60 . - ENFORCEMENT .
A. Failure to Record . If the Public Facility Division plat has not been recorded within one hundred twenty ( 120)
days from the date the Staff Report was administratively signed or the date of approval by the Board of County
Commissioners, whichever is later, or if an applicant is unable to meet any of the conditions within one
hundred twenty 1120) days of approval, the Director of Planning Services may grant an extension for a period
Page 69 of 100
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not to exceed one ( 1 ) year, for good cause shown, upon a written request by the applicant. If the applicant is
unwilling or unable to meet any of the conditions of approval or the extension expires, the application will be
forwarded to the Board of County Commissioners for reconsideration . The property owner shall be notified of
the hearing via certified mail no less than ten ( 10) days prior to the hearing. The Board of County
Commissioners may, after a public hearing, rescind the approval . The entire application may be considered for
denial by the Board of County Commissioners. Alternatively, the-Board of-County Commissioners may consider
upio Ging, moci€ying or removing tie contestec concitions o= approva .
B. Failure to Comply. The PFD Lot shall comply with the approved Public Facility Division and the recorded plat,
including, but not limited to, any development standards or notes on the plat. Noncompliance shall result in
withholding Weld County permits. Tie property owner sia comp y wits tie recorcec p at notes ane lot
configuration. Noncompliance may result in locking of the lots and withholding Weld County permits as
described in Article XV of this Chapter.
C. Tie Boarc of County Commissioners sia lave tie power to bring an action to enjoin any subdivider =rom
;e ing, agreeing to se or offering to se subdivided land before a p at :or suci subdivided land las been
approved and recorded per Section 30 28 110(4), C.R.S.
SEC . 24-8 - 70 . - AMENDMENT .
The Lot Line Adjustment process shall be followed when proposing changes to a recorded Public Facility
Division plat as described in Article X of this Chapter.
A. The Lot Line Adjustment process shall be followed when proposing changes to a recorded Public Facility
D+v}sion plat as described in Article X of Chapter 24 of the Weld County Code, as amended . A new Lot Line
Adjustment application shall be submitted for all changes besides those changes described as Corrections per
Section 24 8 80 of the Weld County Code.
B. Amencments =or m-oo. ying or removing easements or bui cing anc septic enve opes are consiceree minor
modifications. The Department of Planning Services may approve a minor modification without a new
application . The applicant shall submit a revised draft plat, conforming to Lot Line Adjustment plat
requirements per Section 2't 10 50 of the Weld County Code, to the Department of Planning Services for
review anc acceptance . Upon acceptance, tie p at sia be submittec for recorcing wits tie recoreing fee.
SEC . 24-8 - 80 . - CORRECTION .
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-51-111( 2),
C. R .S., a surveyor may record a new plat for the affected property that references the original plat and shows the
correction, but only to correct the following:
A. A bearing, distance, or elevation that was omitted or labeled incorrectly.
B. Text that was misspelled or mislabeled .
C. An error or omission ascertainable from the data shown on the recorded plat or parcel described .
D. An error within a parcel description shown on the recorded plat.
All other changes shall require a Lot Line Adjustment as described in Article X of this Chapter.
A. The Planner may approve a correction to a Public Div-i-sion without a hearing or compliance with any of
the submission, referral or review requirements of Chapter 24 . The correction shall only address technical
errors wierc suc i correction is consistent wit i tie approvec Pub ic Faci ity Division. Tecinica ica errors inc uce,
but are not limited to, correcting scrivener errors and correcting surveyor errors as long as the correction is
consistent wit i the origina intent of tie approvec Pub ic Fad ity Division .
B. Tie applicant sia submit a correctec craft pat, conforming to Pub is Faci ity Division pat requirements per
Section 24 8 50 o= tie We e County Coce, to tie Department o= P anning Services for review ane acceptance.
Upon acceptance, the pat snal- be submittec for recorcing witi the recording fee.
Page 70 of 100
Draft Ord2023- 17 10/3/23
SEC . 24-8 -90 . - VACATION .
A. A property owner may request a complete vacation of an existing Public Facility Division . The vacation request
shall be submitted, in writing, to the Department of Planning Services and shall be signed by all the owners of
the subject lots to be vacated . The vacation request letter shall describe the purpose of the vacation, any
existing improvements anc any easements or rights of way tiat may-he affected . The property owners shall
provice tie existing p at anc a drat and survey p at slowing tie vacation cescribed by a metes and bounds
or aliquot legal description . No Public Facility Division may be vacated in part. A vacation of a Public Facility
Division plat results in one ( 1) lot with a metes and bounds or aliquot legal description .
B. Vacations must inc uGe a lots createc by tie initia anc subsequent Pub ic Fad ity Division. No Pub ic Fad ity
Division may be vacated in part. Vacation of a Public Facility Division vacates all easements created by the
original Public Facility Division plat being vacated . The Planner may require the applicant to provide evidence
that the interests of the easement beneficiaries are protected . Such evidence may include, but is not limited
to, signed and notarized consent of all beneficiaries of the easement to be vacated . Easements created by
separate instrument and road rights-of-way are not affected by a vacation of a Public Facility Division .
C. The vacation request may be processed without any of the submis,ion, referral or review requirements of
Chapter 24. No sign posting, -ega pub 'cation, or surrouncing property owner notification sna be requirec .
Submittal requirements. The applicant shall submit the following items electronically to the Department of
Planning Services:
1 . Application form .
2. Authorization form, if applicable.
3 . Articles of organization or incorporation documents if the owner is a corporate entity, and a
statement/delegation of authority for the person authorized to sign on the corporation's behalf, or
trustee documents if the owner is a trust.
4 . Deed identifying the surface estate ownership in the property.
S . A County Treasurer statement from the current tax year showing no delinquent property taxes for the
subject property.
6. A draft deed with the metes and bounds legal description conveying the vacated property to the applicant
to be recorded by the applicant after approval and recording of the Board resolution,
7. An exhibit including the following:
a . A map showing the boundary of the property,
b. The Clerk and Recorder's reception number and date of recording for the plat being vacated, and
c. A metes and bounds legal description for the subject property.
D. Upon receipt of the vacation request letter, the Planner will prepare a memorandum summarizing the vacation
request to be forwarded to the Clerk to the Board . Public Facility Division vacations will be placed on the Board
of County Commissioners Consent Agenda unless otherwise requested by the Board of County Commissioners
to be presented in a public hearing- Process.
1. Once the Planner has determined the application is complete and in compliance with this Section 24-10-
90, the Clerk to the Board shall draft a Board Resolution approving the vacation and place the resolution
on the Board 's Consent Agenda in accordance with Section 2-1-30 of this Code. If approved, the Clerk to
the Board shall record the resolution with the exhibit described in the previous Subsection 24-8-90.C. 7
attached . The applicant shall record a deed with the metes and bounds or aliquot legal description from
the plat. Building permits may be withheld until the deed is recorded .
2 . If the application is determined to be not in compliance with this Section 24-8-90 and the applicant has
not corrected the deficiencies within sixty (60) days of being notified of the deficiencies by the Planner,
the Clerk to the Board shall draft a Board resolution denying the vacation and request that the resolution
Page 71 of 100
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be placed on the Board's regular agenda . The Planner shall notify the applicant at least ten ( 10) days prior
to the hearing.
E . If a 'iearing is sciecu-ec, a I property owners affected by tie vacation sia be notifiec of tie clearing cate,
time and location via Certified Mail, sent by the Clerk to the Board, at least ten ( 10) days prior to the hearing.
F. Prior to tie iearing, the C er< to tie Boarc 513 c-ra't a Boaro Reso ution setting =ort tie cetermination Pub is
Fad ity Division is vacatee . Record of such action ane a copy of tie Resolution wi be <ept in tie fi es of tie
Clerk to the Board . The Board of County Commissioners shall arrange for the Clerk to the Board to record the
Resolution.
G . In the event any casement is included in the vacation, the resolution may be conditioned that the applicant
provide evidence that the interests of the casement grantees arc protected .
H. If the vacation request is approved by the Board of County Commissioners, the land survey plat shall be
submitted to the Department of Planning Services for recording with the recording fee and shall be signed by
the property owners and the Board of County Commissioners. The vacation is in effect the date of recordation
of the land survey plat with the Weld County Clerk and Recorder.
I . Vacation of a Public Facility Division shall comply with all current Zoning and Subdivision regulations per
Chapters 23 and 24 of the Weld County Code, as amended .
ARTICLE IX - R E S U B D I V I S I 0 N Commented (JF34): Need to discuss Todd Creek possibly
having town home lots with lot lines that need to be
established after the buildings are up.
SEC . 24-9 - 10 . - OVERVIEW .
A. Tic Resubdivision process is usec to moci=y a Historic T-awnsite, Minor Subcivi-sio -n, Rura Lanc Division or
recorded Subdivision plat to add or consolidate lots, adjust lot lines or vacate all or part of a plat, including
rights of way and easements. No public road rights of way may be vacated within a Subdivision or Historic
Townsite except through the Resubdivision process. The Resubdivision process is used to modify a Historic
Townsite, Major Subdivision, Minor Subdivision, or Rural Land Division plat to subdivide or consolidate lots or
adjust lot lines, road rights-of-way, or to vacate road rights-of-way within a subdivision or Historic Townsite.
Easements that were created by the plat of a subdivision or Historic Townsite may also be amended or vacated
by Resubdivision. No public road rights-of-way may be vacated within a subdivision or Historic Townsite except
through the Resubdivision process. Resubdivision lots may also be adjusted or consolidated, but not further
subdivided, through the Resubdivision process. The exterior boundaries of a subdivision or Historic Townsite Commented [JF35 , tif ,; Ir,�1��t1.s : ,._ ,.
�1t 7'JY�i h? ITi _ .
' �.= _I .7fi, _";��r t.." : '.� _�
shall not be changed . A subdivision or Historic Townsite may be vacated in its entirety through the ie:+ Jr-nerving resub
Resubdivision process if all property in the subdivision or Historic Townsite is under identical ownership.
B . Unpiatted lands and lots that Lots which are part of a Planned Unit Development Planned Unit Development,
Family Farm Division, Public Facility Division, Recorded Exemption, or Subdivision Exemption or unplatted
lands ; shall not be modified by a Resubdivision.
C. The Resubdivision shall adhere to Chapters 22 and 23 of the Weld County Code and to the Subdivision General
Provisions, Conformance Standards and Subdivision Design Standards per Chapter 24, Articles I , II and III of the
Weld County Code, as amended .
SEC . 24-9 - 20 . - STANDARDS .
The Resubdivision is subject to the following criteria :
A. A Resubdivision is permitted within any zone district included in Chapter 23, Article III, of this Code, except the
PUD ( Planned Unit Development) zone district.
B. Resubdivision lots shall not be further subdivided .
Page 72 of 100
Draft Ord2023-17 10/3/23
C. The Resubdivision process shall not be utilized to create additional lots in Minor Subdivisions with nine (9) or
more existing lots or Rural Land Divisions with four (4) or more existing lots.
D. The Resubdivision process shall not be utilized to create more than two (2) additional lots.
E . Where a Resubdivision would result in one ( 1 ) or more additional lots, the subject property being divided shall
be required to be a legal lot. A certificate of conveyances or chain of =itle report may be required in order to
verify a lot is a legal lot. Such certificate or report shall be issued by a title insurance agency, agent, or company
registered with the state and provide copies of deeds for the subject property beginning with the most recent
deed recorded prior to August 30, 1972, and every deed recorded thereafter.
F. The minimum size of any Resubdivision lot shall be determined by the .underlying zone district per Chapter 23,
Article Ill, except for lots zoned A (Agricultural ) , which shall be determined by the Historic Townsite
requirements per Chapter 23, Article V, or shall be a minimum of one ( 1 ) acre with public water or two and
one-half (2.5) acres with well water, where permitted .
G . The Resubdivision shall not create or increase any nonconforrni-y relating to the zone district bulk
requirements.
H . Resubdivision lots shall be served by an adequate water source . Public water is required within the boundaries
of a water provider's service area, as determined by the most recent 208 basin maps of the North Front Range
Water Quality Planning Association, unless no additional lots will be created .
I . Resubdivision lots shall be served by an adequate sewage disposal system . Public sewer is required within the
boundaries of a sewer provider's service area, as determined by the most recent 208 basin maps of the North
Front Range Water Quality Planning Association, unless no additional ;ots will be created . Otherwise, the lots
shall be served by an on -site wastewater treatment system ( OWTS) .
A. The Resubdivision is subject to the following criteria:
4. A Resubdivision is permitted within any Zone District included in Chapter 23, Article III, Division I of the
Weld County Code, as amended.
2 . The Resubdivision process sia not be uti izec to create more t -pan two ;2! accitiona itiona buildable lots .
3: Tie minimum parcel size of any Resubdivision Lot sia be ceterminec by tie uncer ying zone District or
Historic Townsite requirements per Chapter 23, Articles III and V of the Weld County Code, as amended .
4 . Resubdivision lots shall be served by an adequate water source.
Resubdivision lots sia be servec by an on site wastewater treatment system ► OWTS; or public sewer.
6. Parcels created by a Resubdivision are not eligible for another Resubdivision which creates additional lots.
r . A Resubdivision tiat result in aceitiona rots wi require a crainage report .anc retention ponc design
unless they qualify for an exemption to stormwater detention as cefined in Section 8 11 10. 1 of the Weld
County Code, as amended .
SEC . 24- 9 - 30 . - SUBMITTAL REQUIREMENTS .
Prior to submitting a Resubdivision application, the applicant shall submit a Pre-Application Request Form and
meet with the Department of Planning Services to discuss the proposal . Following the Pre-Application meeting the
applicant may submit a complete Resubdivision application electronically. The following application items are
required :
A. Application Form .
B. Authorization Form, if applicable .
[Delete C through F and reletter.]
Resubdivision Standards Certification that the application complies with the criteria per Section 24 9 20 of the
Weld County Code.
13. Historic Townsite Standards Certification that the application complies with the criteria per Chapter 23, Article
V, Division S of the Weld County Code, if applicable.
Page 73 of 100
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E . Minor Subdivision Standards Certification that the application complies with the criteria per Section 24 5 20
of the Weld County Code, if applicable.
F. Rural Land Division Standards Certification that the application complies with the criteria per Section 24 6 20
of the Weld County Code, if applicable.
G . Deed identifying the surface estate ownership in the property and relevant lease documents.
H . Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the corporation 's
behalf, or trustee documents if the owner is a trust. Include Statement/Delegation of Authority
documentation .
I . Trustee documents if the owner is a Trust . Questionnaire as required in the application packet.
[ Delete J . and reletter. ]
J . Planning Questionnaire, including, but not limited to :
1 . Explain how the Resubdivision complies with the recorded subdivision plat and all codes, covenants and
restrictions associated with the subdivision.
2 . Explain the reason for the Resubdivision request.
3 . Explain the reason of the proposed layout.
4 . Describe the existing and proposed uses of the property.
5. Describe the existing and proposed potable water source.
6. Describe the existing and proposed sewage disposal system .
7. Describe existing and proposed improvements.
8. Describe the existing and proposed access to the site.
9. Describe any existing and proposer drainage, access anc/or uti ity easements anc rights of way:
10. Describe the current irrigation practices occurring on the site.
11 . Describe the unique physical characteristics of the property, including, but not limited to, topography,
water bodies, CRP lands, vegetation, floodplains, geohazard areas, MS4 and airport overlay district.
12. Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines,
rai roars, etc. Provioe tge names anc aocresses o' any owner or operator of any of ane gas fad' ities,
irrigation ditches/laterals, pipelines, overhead lines, railroad, etc.
K. Water Supply Documentation . Example : A letter or bill from a water district or municipality, or a well permit
from the State Division of Water Resources.
L. Sewage Disposal Documentation . Example : A septic permit or bill from a sanitary sewer district.
M . A Septic Suitability Report shall be prepared in compliance with the requirements of Section 24-3-90 of the
Weld County Code, if applicable .
N . Provide Copies of any covenants, grants of easement and restrictions imposed on the land and/or structures
within the Resubdivision .
O. Draft Resubdivision land survey plat prepared according to the plat requirements per Section 24-9-50, 24 10
50 of the Weld County Code, as amended . except for Resubdivisions that are for the sole purpose of removing
building envelopes or septic envelopes.
P . A signed buffer report and affidavit of the names, addresses and parcel numbers of the surrounding property
owners within '4)0 five hundred (500) feet of the property. The buffer report shall expire thirty ( 30) days from
preparation .
Q. A title product, sometimes referred to as a "preliminary title report" or an "informational commitment," issued
by a title insurance agency, agent, or company registered with the state, that includes a legal description and
date of the report (typically on "Schedule A" ) and a list of exceptions (typically on "Schedule B" or "Schedule
B-2") .The title product shall be dated no more than thirty (30) days prior to submittal . A title commitment,
Page 74 of 100
Draft Ord2023-17 10/3/23
including Schedules A, B 1 and B 2, issued by a title insurance company. The title commitment shall expire
thirty (30) days from preparation.
R. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject
property. The Statement shall be from the current tax year.
S. A Drainage Narrative or Preliminary Drainage Report per shall be submitted in accordance with Section 24-3-
200: : of this Chapter the Weld County Code, as amended, if required . Resubdivisions resulting in additional
lot(s) shall require a Drainage Report and detention pond design and construction unless exempted in Section
8-11-40 of this Code.
T. A Traffic Narrative Preliminary Traffic Impact Analysis shall be submitted in accordance with Appendix 8-Q of
this Code, if required Section 24 3 220. B of the Weld County Code, as amended.
U . Any other item(s) deemed necessary by the Departments of Planning Services, Public Works or Public Health
and Environment, Environmental Health Services Division .
V. Application fee.
SEC . 24-9 -40 . - PROCEDURE .
A Resubdivision application shall be processed according to the following procedure :
[Delete A and reletter. ]
A. The Board of County Commissioners delegates the authority and responsibility for processing and approving a
Resubdivision to the Department of Planning Services.
B. The applicant shall submit a Resubdivision application to the Department of Planning Services for review. The
Planner shall have the responsibility of ensuring that all application sjbmittal requirements are met prior to
processing the application . Upon determination that the application is complete, the application fee shall be
paid .
C. Once the application is deemed complete and the fee paid, the Department of Planning Services shall send the
application to relevant referral agencies for review and comment as the Planner deems necessary. A list of
referral agencies is located in Appendix 23-G of the Weld County Code . The referral agencies shall be given
twenty-one (21) days to respond from the date of notice. The Department of Planning Services shall also send
notice oz tie app ication to surrounding property owners within ve- uuncrec 0500# e'eet of tie subject
Resubdivision. The failure of any agency or surrounding property owner to respond within twenty-one ( 21 )
days may be deemed a response with no concerns. All referral agency review comments are considered
recommendations to the County. The authority and responsibility for approval or denial of a Resubdivision
application rests with the County.
D. In the event a utility easement is affected, the Department of Planning Services shall schedule the Resubdivision
request on the first available Utilities Coordinating Advisory Committee meeting before receiving County
approval. The Utilities Coordinating Advisory Committee shall review the Utility Plan for compliance with
Section 24-3-60 of this Chapter.
E . The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application . The Staff
Report shall contain a recommendation for approval or denial . The Staff Report shall address all aspects of the
application, including, but not limited to, referral agency comments and the regulations contained in the Weld
County Code .
F. The Department of Planning Services shall coordinate with the Clerk to the Board's office to schedule a hearing
before the Board of County Commissioners. may administratively approve the application if the applicant has
demonstrated compliance with the Overview and Standards per Sections 24 9 10 and 24 9 20 of the Weld
County Code .
[Delete G and H and reletter. ]
Page 75 of 100
Draft Ord2023- 17 10/3/23
G . If the Department of Planning Services reviews the application and determines the applicant has not met one
( 1) or more of the Overview and Standards per Sections 24 9 10 and 21 9 20 of the Weld County Code, the
Planner sha prepare t le Staff Report wit 'i recommenc ation of cenia and a 'oaring s13 be sc iecu cc before
the Board of County Commissioners.
H. If referral agency or surrounding property owner opposition is submitted to the Department of Planning
Services, the Planning Director-may recommend the Resubdivision be scheduled for a hearing before the Board
of County Commissioners.
I . Prior to the Board of County Commissioners hearing, sign posting, legal publication, and surrounding property
owner notification shall be required -, as follows:
1 . The Planner shall post a sign with case information on the property under consideration for the
Resubdivision. 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 ( 1 ) 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 the ten ( 10) days preceding
the hearing date, evidenced with an affidavit and photograph .
2 . The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners 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.
3. The applicant shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk
to the Board, at least ten ( 10) days prior to the hearing. The Clerk to the Board shall also give notice of the
Resubdivision and the public hearing date to those persons listed in the application as owners of property
located within five hundred ( 500) feet of the Resubdivision lots. In the event the Resubdivision would
vacate right-of-way, the Department of Planning Services shall provide a list of all owners of property
within the subdivision or adjacent to the right-of-way to be vacated who are not the applicants and the
Clerk to the Board shall include such owners in the notification . Such notification shall be mailed, first-
class, not less than ten ( 10) days before the scheduled public hearing. Inadvertent errors by the applicant
or the Department of Planning Services in supplying such list, or the Clerk to the Board of County
Commissioners in sending such notice, shall not create a jurisdictional defect in the hearing process, even
if such error results in the failure of a surrounding property owner to receive such notification .
4. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution . The Clerk to the Board shall give
notice of the Resubdivision and the public hearing date to those persons listed in the application as
lienholders of the subject property. Such notification shall be mailed, first-class, not less than ten ( 10) days
before the hearing. Inadvertent errors by the applicant in supplying such list, or the Clerk to the Board in
sending such notice, shall not create a jurisdictional defect in the hearing process, even if such error results
in the failure of a lienholder to receive such notification .
J . If scheduled for a public hearing, the The Board of County Commissioners shall consider the Resubdivision
application and take final action thereon . The Board of County Commissioners' decision shall consider the
recommendation of the Planning Staff, referral agency responses, the application case file and facts presented
at the public hearing. The Board of County Commissioners shall approve the Resubdivision application unless
it finds that the applicant has not met one ( 1 ) or more of the Overview and Standards per Sections 24-9- 10 and
24-9-20 of the Weld County Code . If the Resubdivision is denied by the Board of County Commissioners, refer
to Section 2-3-10, Previously denied applications for land use matters, of the Weld County Code .
Page 76 of 100
Draft Ord2023-17 10/3/23
1 . tie Resubdivision is ceniec by tie Boarc of County Commissioners neitier tie applicant nor Vneir
successors or assigns may app y for a new Resu-bdivision for 'hie 5) years, ocatec on any portion of tie
property contained in the original application.
2 . If the Resubdivision is approved by either the Department of Planning Services or the Board of County
Commissioners, the applicant shall address the conditions of approval enumerated in the staff report or
Reso ution . Tie revisec ora't anc survey pat sia be submittec to tie Department o' P anning Services
for review by Planning and Public Works staff.
K . Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for
recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners.
if approved by the Department of Planning Services, the Planning Dir :ctor shall sign the plat. If approved by
the Board of County Commissioners, the Chair of the Board shall sign the plat The signature of an owner whose
lot will not be altered by the Resubdivision plat shall not be requirec . The Department of Planning Services
shall submit the plat to the Weld County Clerk and Recorder for recording. The Resubdivision is approved and
binding on the date the plat is recorded with the Weld County Clerk and Recorder. Where the Resubdivision is
for the sole purpose of removing building envelopes or septic envelopes, no Resubdivision plat shall be required
and the Board resolution shall be recorded with the Clerk and Recorder' s reception number and date of
recording for the original plat.
[Delete L and M and reletter. ]
L. Tie Department of P anning Services sia submit tie p at to tie We c County C er< anc Recorcer for recorc ing.
M. The Resubdivision is approved and binding on the date the plat is recorded with the Weld County Clerk and
Recorder.
N . The applicant may withdraw the application at any point in this process. Withdrawal letters shall be submitted,
in writing, to the Departments of Planning Services and shall be signed by the property owners.
SEC. 24-9 - 50 . - PLAT REQUIREMENTS .
The Resubdivision revised draft plat shall be submitted once an application is approved. The applicant shall
c-ectronica y submit tie craft p in PDF 'orfnat to tie Department o' P anning Services 'or P anning anc Pub is
Wor<s review. P anning sta" wi senc tie c ra't p at bac< to tie app icant wit -i rec ine comments to be incorporatec
in the revised plat. There may be subsequent rounds of review. Upon approval of the draft plat and completion of
the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of
P anning Services. Tie approvec p at sia be recorcec in tie Office of tie We c County C er< anc Recorcer by tie
Department o- P anning Services. Tie approvec p at anc accitiona requirements sia be recorcec wit -in one
hundred twenty ( 120) days from the date the administrative review was signed or from the date of approval by the
Boarc of County Commissioners. Tie app icant sla be responsib e for paying tie recorcing fee.
The Resubdivision plat shall comply with Section 24-2-70 of this Chapter as well as meet the following
requirements:
A. The plat shall be prepared by a registered professk>nal land surveyor in the State of Colorado.
B. The plat shall be delineated in permanen4 black ink on a dimensionally stable polyester sheet such as Mylar.
The size of each shall be twenty four ( 24) inches in height by thirty six ( 36) inches in width .
C. Tie p at sia contain norti arrows anc sca es. Tie crawing sia be at a sca e of one ( 1) inch equals one
hundred ( 100) feet or one ( 1 ) inch equals two hundred ( 200) feet. Vicinity maps shall be at a minimum scale
of one ( 1 ) inch equals two thousand ( 2,000) feet. The font shall not In less than ten ( 10) point in size. Maps
drawn to other scales must be approved, in writing, by Plaru}ing Staff.
PA. The plat shall be titled as "Resubdivision " followed by the assigned case number.
€B . The Resubdivision lots shall be designated based off the previous plat or as specified by the Planner, on the
plat map and legal description .
Page 77 of 100
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C. If lots surrounding the Resubdivision are not involved in the subject Resubdivision they shall be labeled " Not a
Part" .
up. The plat shall include a complete and accurate legal description of the parent parcel and the lots being created.
k The plat shall bear the certifications shown in Appendix 24 E to this Chapter.
1 . The plat shall contain the original signatures and seals in permanent ink.
4E. The plat shall contain a list of the history of land divisions and amendments, which resulted in the parent
parcel. Reference previous land divisions by case number, reception number and recording date or deed .
T F. The plat shall delineate the location of all existing and proposed driveways and accesses accesses associated
with the Resubdivision.
LG . The plat shall include the names of any existing -=1= roads or highways abutting the proposed Resubdivision
property.
' H . The plat shall include the roadway road right-of-way adjacent to the parcel as well as the physical location of
the roadway roadway, and right-of-way creation documentation . Future right-of-way, if any, shall also be
shown .
Ps.-- The plat shall delineate all existing and future easements or rights of way located on the Resubdivision
property.
=.: I The plat shall show all unique physical characteristics of the Resubdivision property, including, but not limited
to, irrigation canals and waterbodies, floodplains and geohazard areas.
P . The plat shall include a vici-nity map. The vicinity map shall locate the Resubdivision lots with respect to
adjacent roads, municipal limits, ditches, and railroads, etc. Show and label the subject section and dashed
quarter section lines.
Q. Tie p at sia slow tie ocation anc setbac< racii o= any active, slut in or p uggec or abanconec of anc gas
wells and tank batteries.
R . All work shall comply with the requirements of Sections 38 50 101 and 38 51 101 et seq., C.R .S.
S. 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
Statement.
J . All lots shall be labeled with their areas in square feet and acreage to the nearest one-hundredth (0.01 ) of an
acre .
SEC . 24-9 - 60 . - ENFORCEMENT .
A. Failure to Record. If the Resubdivision plat has not been recorded within one hundred twenty ( 120) days from
the date the Staff Report was administratively signed or the date of approval by the Board of County
Commissioners, or V an app icant is unab e to meet any oz tie conditions within one iundrec twenty 1120
days of approval, the Director of Planning Services may grant an extension for a period not to exceed one ( 1 )
year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling or unable to
meet any of the conditions of approval or the extension expires, the application will be forwarded to the Board
of County Commissioners for reconsideration . The property owner shall be notified of the hearing via certified
mail no less than ten ( 10) days prior to the hearing. The Board of County Commissioners may, after a public
hearing, rescind the approval . Tie entire app 'cation may be con-sieerec for ce-nia by tie Boarc of County
Commissioners. Alternatively, the Board of County Commissioners may consider up-holding, modifying
removing the contested conditions of approval .
•
B.
in locking of the lots and withholding Weld County permits . Failure to Comply. All property within the
Page 78 of 100
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Resubdivision shall comply with the approved Resubdivision and the -ecorded plat, including, but not limited
to, any development standards or notes on the plat. Noncompliance shall result in withholding Weld County
permits on any affected property.
C. The Board of County Commissioners 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 plat for such subdivided land has been
approved and recorded per Section 30-28- 110(4 ), C. R .S.
SEC . 24 -9 - 70 . - AMENDMENT .
A. The Resubdivision process shall be followed when proposing changes to a recorded Resubdivision plat as
described in this Article IX of Chapter 24 of the Weld County Coie, as amended. A new Resubdivision
application shall be submitted for all changes besides those changes described as Corrections per Section 24
9 80 of the Weld County Code.
B. The Resubdivision process shall be followed when amend+ng one of the original Minor Subdivisions numbered
one through twenty one (MS 1 through MS 21 ) .
B . If amending a Historic Townsite, the criteria per Chapter 23, Article V, Division 5 of the Weld County Code shall
be followed in addition to the Resubdivision requirements in this Article IX Chapter 24, as amended.
SEC . 24 -9 -80 . - CORRECTION .
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-51-111( 2),
C. R.S., a surveyor may record a new plat for the affected property that references the original plat and shows the
correction, but only to correct the following:
A. A bearing, distance, or elevation that was omitted or labeled incorrectly .
B. Text that was misspelled or mislabeled .
C. An error or omission ascertainable from the data shown on the recorced plat or parcel described .
D. An error within a parcel description shown on the recorded plat.
All other changes shall require a Resubdivision as described in this Article IX.
A. Tie Planner may approve a correction to a Resubdivision without a searing or comp lance witi any of the
submission, referral or review requirements of Chapter 24. The correction shall only address technical errors
where such correction is consistent with the approved Resubdivision . Technical errors include, but are not
imitec to, correcting scrivener errors anc correcting surveyor errors as ?ong as tie correction is consistent wit
the original intent of the approved Resubdivision .
l Tic applicant sla submit a correctec cra 't pat, con'orming to Resubdivision pat requirements per Section
24 9 50 of the Weld County Code, to the Department of Planning Services for review and acceptance. Upon
acceptance, the plat shall be submitted for recording with the recording fee .
SEC . 24 9 90 . VACATION .
A. A property owner may request a complete vacation of an existing Resubdivision, Historic Townsite or recorded
Subdivision plat. The vacation request shall be submitted, in writing, 7O the Department of Planning Services
and shall be signed by all the owners of the subject lots to be vacated . The vacation request letter shall describe
the purpose of the vacation, any existing improvements and any ecsements or rights of way that may be
af 'ectec . Tie property owners sia provice tie existing p anc a cra't and survey p at slowing tie vacation
described by a metes and bounds or aliquot legal description or the previous legal description of the plat.
B. Vacations must include all lots created by the initial and subsequent pat. No plat may be vacated in part.
C. The vacation request may be processed without any of the submission, referral or review requirements of
Chapter 24 . No sign posting, legal publication, or surrounding property owner notification shall be required-
Page 79 of 100
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D. Upon receipt of the vacation request letter, the Planner will prepare a memorandum summarizing the vacation
request to be forwarded to the Clerk to the Board. Resubdivision, Historic Townsite or recorded Subdivision
plat vacations will be placed on the Board of County Commissioners Consent Agenda unless otherwise
requested by the Board of County Commissioners to be presented in a public hearing.
E . f a iearing is sciecu ec, a property owners aVectec by tie vacation s -ia be notifiec o- tie rearing Cate,
time and location via Certified Mail, sent by the Clerk to the Board, at least ten ( 10) days prior to the hearing.
F. Prior to tie iearing, tie C er< to tie Boare s -ia c raft a Boarc Rese ution set g fort -i tae cetermination tiat
Resubdivision, Historic Townsite or recorded Subdivision plat is vacated . Record of such action and a copy of
the Resolution will be kept in the files of the Clerk to the Board . The Board of County Commissioners shall
arrange for the Clerk to the Board to record the Resolution.
C. In the event any easement is included in the vacation-, the resolution may be conditioned that the applicant
provide evidence that the interests of the easement grantees are protected .
H . In the event any right of way is included in the vacation, the resolution may be conditioned that the applicant
shall submit a separate vacation of right of way petition to the Clerk to the Board.
I . If the vacation request is approved by the Board of County Commissioners, the land survey plat shall be
submitted to the Department of Planning Services for recording with the recording fee and shall be signed by
the property owners and the Board of County Commissioners. The vacation is in effect the date of recordation
of the land survey plot with the Weld County Clerk and Recorder.
J . This process shall be followed when vacating one of the original Minor Subdivisions numbered one through
twenty one (MS 1 through MS 21 ) .
X . Vacations of Resubdivision, Historic Townsite or recorded Subdivision plat shall comply with all current Zoning
and Subdivision regulations per Chapters 23 and 24 of the Weld County Code, as amended.
ARTICLE X - LOT LINE ADJUSTMENT
SEC . 24- 10- 20 . - STANDARDS .
The Lot Line Adjustment is subject to the following criteria :
A. A Lot Line Adjustment is permitted within any zone district included in Chapter 23, Article Ill , of this Code,
except the PUD (Planned Unit Development) zone district.
B. The subject property shall be comprised of legal lots and the entire area of the lots shall be included on the Lot
Line Adjustment plat. A certificate of conveyances or chain of title report may be required in order to verify a
lot is a legal lot. Such certificate or report shall be issued by a title insurance agency, agent, or company
registered with the state and provide copies of deeds for the subject property beginning with the most recent
deed recorded prior to August 30, 1972, and every deed recorded thereafter.
C. No additional lots shall be created through the Lot Line Adjustment.
D. Lot Line Adjustment lots shall conform to the minimum lot size based on the zone district, except for lots zoned
A (Agricultural ), which shall be a minimum of one ( 1) acre net with public water or two and one-half (2 .5) acres
net with well water, except for Lot Line Adjustment lots that were originally Subdivision Exemption or Public
Facility Division lots and were designated for unmanned use, which shall not have a minimum lot size and which
shall not be permitted for uses requiring water or sewer services.
E . No lot that is over thirty-five ( 35 ) acres shall be adjusted to be less than thirty-five (35) acres by a Lot Line
Adjustment. Any lot that is less than thirty-five (35 ) acres must remain less than thirty-five ( 35) acres on the
Lot Line Adjustment plat.
F. The Lot Line Adjustment shall not create or increase any nonconformity relating to the zone district bulk
requirements.
Page 80 of 100
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G . Lot Line Adjustment lots shall have adequate access in accordance with Chapter 8, Article XIV, of the Weld
County Code .
H . Lot Line Adjustment lots shall be served by an adequate water source and an on-site wastewater treatment
system (OWTS) or public sewer, with the following exception : Lot Line Adjustment lots that were originally
Subdivision Exemption or Public Facility Division lots and were designated for unmanned use shall not require
a water source or on-site wastewater treatment system (OWTS) or public sewer in order to be amended by Lot
Line Adjustment and shall not be permitted for uses requiring water or sewer services.
I . In the event any easement is proposed to be modified or vacated, the Planner may require the applicant to
provide evidence that the interests of the easement beneficiaries are protected . Such evidence may include,
but is not limited to, signed and notarized consent of all beneficiaries of the easement to be vacated .
A. The Lot Line Adjustment is subject to the following criteria :
1. A Lot Line Adjustment is permitted within any Zone Di-strict included in Chapter 23, Article III, Division I of
the Weld County Code, as amended .
2. On .y one Lot Line Adjustment app ication and one surveyec plat sha be tie product of tie Lot Line
Adjustment process regardless of the number of lots and or plats which are party to the application.
3 . The Let Line Adjustment plat replaces all previous plats of those lots modified by the Lot Line Adjustment.
4 . Any parce of anc excludec tirougi the Lot Line Adjustment process tnat is not incorporated into an
adjacent lot shall not be less than thirty five (35) acres net.
5. The Lot Line Adjustment process shall not increase any non conformity relating to the Zone District bulk
requirements.
6. The Lot Line Adjustment is not for the purpose of eliminating or expanding building envelopes.
7. The minimum parcel size of any tot Line Adjustment Lot shall be determined by the underlying zone
district requirements per Chapter 23, Article III of the Weld County Code, as amended .
8. Lot Line Adjustment lots shall be served by an adequate water source.
9. Lot Line Adjustment lots shall be served by an on site wastewater treatment system (OWTS) or public
sewer unless the lot was created for an unmanned use.
SEC . 24 - 10- 30 . - SUBMITTAL REQUIREMENTS .
A complete Lot Line Adjustment application shall be submitted electronically to the Department of Planning
Services and shall include the following:
A. Application Form .
B. Authorization Form, if applicable .
[Delete C through F and reletter.]
C. Lot Line Adjustment Standards Certification that the application complies with the criteria per Section 24 10-
20 of the Weld County Code.
D. -Fami y Farm Division Standards Certification tiat tie app ication comp ins wit i tie criteria per Section 21 7
20-of the Weld County Code, if applicable.
E . Public Faci4+ty Divi-sio Staandards Certification that the application complies with the criteria per Section 24
8 20 of the Weld County Code, if applicable.
F. Obsolete Land Division Standards Certification that the application cornpf+es with the criteria per Sections
24 11 20 and 24 11 30 of the Weld County Code, if amending a Recorded Exemption or Subdivision
Exemption .
G . Deed identifying the surface estate ownership in the property and relevant lease documents.
H . Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the corporation 's
Page 81 of 100
Draft Ord2023- 17 10/3/23
behalf, or trustee documents if the owner is a trust. Include Statement/Delegation of Authority
documentation.
I . Trustee documents if the owner is a Trust. Questionnaire as required in the application packet.
[Delete J . and reletter. ]
J . Planning Questionnaire, including, but not limited to:
1 . Explain the reason for the Lot Line Adjustment request.
2 . Explain the r ason of the proposed layout .
3 . Describe the existing and proposed uses of the property.
4 . Describe the existing and proposed potable water source.
5 . Describe the existing and proposed sewage disposal system .
6. Describe existing and proposed improvements.
7 . Describe any existing and proposed easements and rights of way.
8. Describe the existing and proposed access to the site.
9. Describe the current irrigation practices occurring on the site.
10. Describe the unique physical characteristics of the property, including, but not limited to, topography,
water bodies, OW lands, vegetation, floodplains, geohazard areas, MS4 and airport overlay district.
11 . Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, ovencc\id
lines, railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas
facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc.
K . Water Supply Documentation . Example : A letter or bill from a water district or municipality, or a well permit
from the State Division of Water Resources. If amending an unmanned Public Facility Division or Subdivision
Exemption, no water supply documentation is required .
L. Sewage Disposal Documentation . Example : A septic permit or bill from a sanitary sewer district. If amending
an unmanned Public Facility Division or Subdivision Exemption, no sewage disposal documentation is
required .
M . Draft Lot Line Adjustment land survey plat prepared according to the plat requirements per Section 24- 10-50
below of the Weld County Code, as amended.
N . A title product, sometimes referred to as a "preliminary title report" or an "informational commitment," issued
by a title insurance agency, agent, or company registered with the state, that includes a legal description and
date of the report (typically on "Schedule A") and a list of exceptions (typically on "Schedule B" or "Schedule
B-2") .The title product shall be dated no more than thirty (30) days prior to submittal . A title commitment,
including Schedules A, B 1 and B 2, issued by a title insurance company. The title commitment shall expire
thirty (30) days from preparation .
O. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subject
property. The Statement shall be from the current tax year.
P . A Drainage Narrative or Preliminary Drainage Report shall be submitted in accordance with Section 24-3-
200A of this Chapter the Weld County Code, as amended, if required .
Q. A Traffic Narrative Preliminary Traffic Impact Analysis shall be submitted in accordance with Appendix 8-Q of
this Code Section 21 3 220.8 o : tie We o County Cocci, as amencec, if required .
R . Any other item (s) deemed necessary by the Departments of Planning Services, Public Works or Public Health
and Environment, Environmental Health Services Division .
S. Application fee .
SEC . 24- 10-40 . - PROCEDURE .
A Lot Line Adjustment application shall be processed according to the following procedure :
Page 82 of 100
Draft Ord2023- 17 10/3/23
A. The Board of County Commissioners delegates the authority and responsibility for processing and approving
Lot Line Adjustments to the Department of Planning Services.
B . The applicant shall submit a Lot Line Adjustment application to the Department of Planning Services for review.
The Planner shall have the responsibility of ensuring that all application submittal requirements are met prior
to processing the application . Upon determination that the application is complete, the application fee shall
be paid .
C. Once the application is deemed complete and the fee paid, the Department of Planning Services shall send the
application to relevant referral agencies for review and comment as the Planner deems necessary and give
notice to those persons listed in the application as lienholders of the subject property. Inadvertent errors by
the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not
create a jurisdictional defect in the hearing process, even if such error results in the failure of a lienholder to
receive such notification . A list of referral agencies is located in Appendix 23 -G of the Weld County Code . The
referral agencies shall be given twenty-one ( 21 ) days to respond from the date of notice. The failure of any
agency to respond within twenty-one ( 21 ) days may be deemed a response with no concerns . All referral
agency review comments are considered recommendations to the County. The authority and responsibility for
approval or denial of a Lot Line Adjustment application rests with the County.
D. The Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application . The Staff
Report shall contain a recommendation for approval or denial . The Staff Report shall address all aspects of the
application, including, but not limited to, referral agency comments and the regulations contained in the Weld
County Code .
E . The Department of Planning Services may administratively approve the application if the applicant has
demonstrated compliance with the Overview and Standards per Sections 24-10- 10 and 24- 10-20 of the Weld
County Code .
F. If the Department of Planning Services reviews the application and determines the applicant has not met one
( 1 ) or more of the Overview and Standards per Sections 24- 10- 10 and 24-10-20 of the Weld County Code, the
Planner shall prepare the Staff Report with recommendation of denial and a hearing shall be scheduled before
the Board of County Commissioners.
G . If recommended for denial, the Board of County Commissioners shall hold a public hearing to consider the Lot
Line Adjustment application and to take final action thereon . The applicant shall be notified of the hearing
date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten ( 10) days prior to the
hearing. No sign posting, legal publication, or surrounding property owner notification shall be required for the
hearing.
1 . The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff,
referral agency responses, the application case file and facts presented at the public hearing. The Board
of County Commissioners shall approve the Lot Line Adjustment application unless it finds that the
applicant has not met one ( 1 ) or more of the Overview and Standards per Sections 24- 10- 10 and 24-10-
20 of the Weld County Code .
2 . Prior to the hearing, the Clerk to the Board shall draft a Board Resolution .
3 . If the Lot Line Adjustment is denied by the Board of County Commissioners, neither the applicant nor their
successors or assigns may apply for a new Lot Line Adjustment for five (5) years, located on any portion
of the property contained in the original application .
H . If the Lot Line Adjustment is approved by either the Department of Planning Services or the Board of County
Commissioners, the applicant shall address the conditions of approval enumerated in the staff report or
Resolution . The revised draft land survey plat shall be submitted to the Department of Planning Services for
review by Planning and Public Works staff.
Page 83 of 100
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I . Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for
recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners.
If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by
the Board of County Commissioners, the Chair of the Board shall sign the plat.
J . The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording.
K . The Lot Line Adjustment is approved and binding the date the plat is recorded with the Weld County Clerk and
Recorder.
L. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be submitted ,
in writing, to the Department of Planning Services and shall be signed by the property owners.
SEC . 24- 10-S0 . - PLAT REQUIREMENTS.
Tie Lot Line Acjustment revised craft pat sla be submitted once an app ication is approvec . Tie applicant
shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and
Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be
incorporated in the revised plat. There may be subsequent rounds of review. Upon approval of the draft plat and
completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the
Department of P anning Services. Tie approvec pat sia be recoroec in tie O"ice of tie We c County C er< ane
Recorcer by tie Department o: P anning Services. Tie approvec p at ane accitiona requirements s 1 be recorcect
within one hundred twenty { 120) days from the date the administrative review was signed or from the date of
approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee.
The Lot Line Adjustment plat shall comply with Section 24-2-70 of this Chapter as well as meet the following
requirements:
A. The plat shall be prepared by a registered professional land surveyor in the State of Colorado.
8. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar.
The size of each shall be twenty four (24) inches in height by thirty six (36) inches in width.
C. The plat shall contain north arrows and scales. The drawing shall be at a scale of one ( 1 ) inch equals one
hundred ( 100) feet or one ( 1 ) inch equals two hundred ( 200) feet. Vicinity maps shall be at a minimum scale of
one ( 1 ) inch equals two thousand ( 2,000) feet. The font shall not be less than ten ( 10) point in size. Maps drawn
to other scales must be approved, in writing, by Planning Staff.
QA. The plat shall be titled as " Lot Line Adjustment" followed by the assigned case number.
€B. The plat shall include a complete and accurate legal description of the existing lots and the lots being amended.
Show and label the The existing lot line to be amended shall be shown with a dashed-line type and the
proposed lot line shall be shown with a solid heavy line type .
G. The plat shall bear the certifications shown in Appendix 21 F to this Chapter.
The plat shall contain the original signatures and seals in permanent ink.
ID. The plat shall contain a list of the history of land divisions and amendments, which resulted in the parent
parcels. Reference previous land divisions by case number, reception number and recording date or deed .
4E. The plat shall delineate the location of all existing and proposed driveways and accesses accesses associated
with the Lot Line Adjustment.
KF. The plat shall include the roadway road right-of-way adjacent to the parcel as well as the physical location of
the roadway roadway, and right-of-way creation documentation . Future right-of-way, if any, shall also be
shown .
kG . The plat shall include the names of any existing roads roads or highways abutting the proposed Lot Line
Adjustment properties.
IV . Tie pat s 1 ce ineote a existing anc future easements or rig its of way ocatec on tie Lot Line Acjustment
properties.
Page 84 of 100
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N . The plat shall show all unique physical characteristics of the Lot Line Adjustment properties, including, but not
limited to, irrigation canals and waterbodies, floodplains and geohazard areas:
O. The plat shall include a vicinity map. The vicinity map shall locate the Lot Line Adjustment lots with respect to
adjacent roads, municipal limits, ditches, and railroads, etc. Show and label the subject section and dashed
quarter section lines.
P . The plat shall show the location and setback radii of any active, shut in or plugged or abandoned oil and gas
wells and tank batteries.
QH . The Lot Line Adjustment lots shall be alphabetically or numerically designated from smallest to largest +n
acreage, as specified by the Planner, on the plat map and legal description. All lots shall be labeled with their
areas in square feet and acreage to the nearest one-hundredth (0.01 ) of an acre .
R. If a parcel of land is already legally excepted from the Lot Line Adjustment such as a parcel being separated by
a railroad right of way, the parcel shall be designated as "Excepted Parcel Not a Part" and shall be greater
than or equal to thirty five ( 35) acs gro-ss. The applicant shall provide a statement and metes and bounds
ega cescription of tie remaining parce , stampec by a professiona ane surveyor, registerec in tie State of
Colorado, certifying that the remaining parcel is greater than thirty five ( 35) acre gross.
SI . The Lot Line Adjustment lots shall comply with the criteria of the land division being amended per the
Standards outlined in the applicable Article of Chapter 24 of the Weld County Code .
T. All work shall comply with the requirements of Sections 38 50 101 and 38 51 101, et seq ., C.R.S.
U . All work shall comply with the req{.tirements of the Bylaws a-nd 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
Statement .
SEC . 24- 10- 60 . - ENFORCEMENT.
A. Failure to Record . If the Lot Line Adjustment plat has not been recorded within one hundred twenty ( 120) days
from the date the Staff Report was administratively signed or the date of approval by the Board of County
Commissioners, whichever is later, or if an applicant is unable to meet any of the conditions within one
hundred twenty ( 1-20) days of approval , the Director of Planning Services may grant an extension for a period
not to exceed one ( 1 ) year, for good cause shown, upon a written request by the applicant. If the applicant is
unwilling or unable to meet any of the conditions of approval or the extension expires, the application will be
forwarded to the Board of County Commissioners for reconsideration . The property owner shall be notified of
the hearing via certified mail no less than ten ( 10) days prior to the hearing. The Board of County
Commissioners may, after a public hearing, rescind the approval. The entire application may be considered for
denial by the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider
upholding, modifying or removing the contested conditions of approval .
B. Failure to Comply. All property within the Lot Line Adjustment shall comply with the approved Lot Line
Adjustment and the recorded plat, including, but not limited to, any development standards or notes on the
plat. Noncompliance shall result in withholding Weld County permits on any affected property. The property
owner shall comply with the recorded plat notes and lot configuration . Noncompliance may result in locking
of the lots and withholding Weld County permits.
C. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from
se ing, agreeing to se or offering to se subdivided land before a p at for suca subdivided land -1as been
approved and recorded per Section 30 28 110(4), C.R.S.
Page 85 of 100
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SEC . 24- 10- 70 . - AMENDMENT.
The Lot Line Adjustment process shall be followed when proposing changes to a recorded Lot Line Adjustment
plat as described in this Article X .
A. The Lot Line Adjustment process shall be followed when proposing changes to a recorded Lot Line Adjustment
plat as described in Article X of Chapter 24 of the Weld County Code, as amended. A new Lot Line Adjustment
application shall be submitted for all changes besides those changes described as Corrections per Section 24
10 80 of the Weld County Code.
SEC . 24- 10 -80 . - CORRECTION .
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-51-111( 2),
C. R .S., a surveyor may record a new plat for the affected property that references the original plat and shows the
correction, but only to correct the following:
A. A bearing, distance, or elevation that was omitted or labeled incorrectly.
B. Text that was misspelled or mislabeled .
C. An error or omission ascertainable from the data shown on the recorded plat or parcel described .
D . An error within a parcel description shown on the recorded plat.
All other changes shall require a Lot Line Adjustment as described in this Article X.
A-:—the Planner may approve a correction to a Lot Line Adjustment without a hearing or compliance with any of
the submission, referral or review requirements of Chapter 24 . The correction shall only address technical
errors where such correction is consistent with the approved Lot Line Adjustment. Technical errors include,
but are not imitec to, correcting scrivener errors anc correcting surveyor errors as ong as tie correction is
consistent with the original intent of the approved Lot Line Adjustment.
B. Tie applicant spa submit a correctec cra't pat, con 'orrning to Lot Line Adjustment p at requirements per
Section 24 10 50 of the Weld County Code, to the Department of Planning Services for review and acceptance.
Upon acceptance, tie p at sia be submittec 'or recorcing wits tie recorcing fee .
SEC . 24- 10-90 . - VACATION .
A. A property owner may request a complete vacation of an existing Lot Line Adjustment. The vacation request
sia be submittec, in writing, to tie Department o= P anning Services an& sia be signec by a tie owners o=
the subject lots to be vacated. The vacation request letter shall describe the purpose of the vacation, any
existing improvements ane any easements or rights-of way teat may be af=ectec . Tie property owners sia
provide tie existing p at anc a cra't anc survey p at snowing tie vacation describes by a metes anc bounds
or aliquot legal description. No Lot Line Adjustment may be vacated in part. A vacation of a Lot Line Adjustment
plat results in one ( 1) lot with a metes and bounds or aliquot legal description . Commented CJF3ti:j . a _ _
B. Vacations must include all lots created by the initial and subsequent Lot Line Adjustment. No Lot Line
Adjustment may be vacated in part. Vacation of a Lot Line Adjustment vacates all easements created by the
original Lot Line Adjustment plat being vacated . The Planner may require the applicant to provide evidence
that the interests of the easement beneficiaries are protected . Such evidence may include, but is not limited
to, signed and notarized consent of all beneficiaries of the easement to be vacated . Easements created by
separate instrument and road rights-of-way are not affected by a vacation of a Lot Line Adjustment.
C. The vacation request may be processed without any of the submi , refer-rat or review requirements of
Ciapter 24 . No sign posting, ega pub 'cation, or surrounding property owner notification sha I be required .
Submittal requirements. The applicant shall submit the following items electronically to the Department of
Planning Services :
1 . Application form .
Page 86 of 100
Draft Ord2023- 17 10/3/23
2 . Authorization form, if applicable.
3 . Articles of organization or incorporation documents if the owner is a corporate entity, and a
statement/delegation of authority for the person authorized to sign on the corporation's behalf, or
trustee documents if the owner is a trust.
4. Deed identifying the surface estate ownership in the property.
5 . A County Treasurer statement from the current tax year showing no delinquent property taxes for the
subject property.
6. A draft deed with the metes and bounds legal description conveying the vacated property to the applicant
to be recorded by the applicant after approval and recording of the Board resolution,
7 . An exhibit including the following:
a . A map showing the boundary of the property,
b . The Clerk and Recorder's reception number and date of recording for the plat being vacated, and
c. A metes and bounds legal description for the subject property.
D. Upon receipt of the vacation request letter, the Planner will prepare a memorandum summarizing the vacation
request to be forwarded to the Clerk to the Board . Lot Line Adfustment vacations will be placed on the Board
of County Commissioners Consent Agenda unless otherwise requested by the Board of County Commissioners
to be presented in a public hearing. Process.
1. Once the Planner has determined the application is complete and in compliance with this Section 24-10-
90, the Clerk to the Board shall draft a Board Resolution approving the vacation and place the resolution
on the Board's Consent Agenda in accordance with Section 2-1-30 of this Code. If approved, the Clerk to
the Board shall record the resolution with the exhibit described in the previous Subsection 24-10-90.C.7
attached . The applicant shall record a deed with the metes and bounds or aliquot legal description from
the plat. Building permits may be withheld until the deed is recorded .
2. If the application is determined to be not in compliance with this Section 24-10-90 and the applicant has
not corrected the deficiencies within sixty (60) days of being notified of the deficiencies by the Planner,
the Clerk to the Board shall draft a Board resolution denying the vacation and request that the resolution
be placed on the Board's regular agenda . The Planner shall notify the applicant at least ten ( 10) days prior
to the hearing.
E. If a iearing is sciedu ed, all property owners affectec by the vacation s call be notified of the iearing date,
time and location via Certified Mail, sent by the Clerk to the Board, at least ten ( 10) days prior to the hearing.
1 : Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination that
Lot Line Acjustment is vacated. Record of such action and a copy of the Resolution will be kept in tie files of
tie C er< to tie Roam . Tie Board of County Commissioners sia arrange for tie C er< to tie Board to recoro
the Resolution.
G. In the event any easement is included in the vacation, the resolution may be conditioned that the applicant
provide evidence that the interests of the easement grantees are protected.
H. If the vacation request is approved by the Board of County Commissioners, the land survey plat shall be
submittec to tie Department of P anning Services for recorcing wits tie recorcing fee anc sia be signeo by
the property owners ano tie Boarc of County Commissioners. Tie vacation is in efect tie cate of recorcation
of tie anc survey p at wit i tie We c County C er< anc Recorcer.
I . Vacation of a Lot Line Adjustment shall comp.y wits a current Zoning anc Subdivision regu ations per Ciapters
23 and 24 of the Weld County Code, as amended .
ARTICLE XI - OBSOLETE LAND DIVISIONS
Page 87 of 100
Draft Ord2023-17 10/3/23
SEC. 24- 11 - 10 . - OVERVIEW .
A. After September 28, 2020, no new recorded or subdivision exemptions applications will be allowed in
unincorporated Weld County. Previously approved Recorded Exemptions and Subdivision Exemptions may be
amended, corrected, or vacated . Recorded Exemption and Subdivision Exemption applications are no longer
accepted . Previously approved and recorded Recorded Exemptions and Subdivision Exemptions may be
vacated in accordance with this Article XI . Amendments to approved and recorded Recorded Exemption or
Subdivision Exemption plats shall follow the procedures under Article X, Lot Line Adjustments, of this Chapter.
B . Lots previously created by approved Recorded and Subdivision Exemptions are legal lots. Subdivision
Exemption lots that were created for the purpose of financing or for leasing a portion of a lot for a public utility
facility, oil and gas facility, telecommunication tower, mining operation, or solar facility are not considered
separate, legal lots. Typically, these plats stated that the plat did not result in a separate, legal parcel, and
would terminate when the deed of trust was released, the lease ended, or the use changed .
C. Exemption lots that are less than seventy (70) acres shall not be divided by a Family Farm Division.
D. Exemption lots- that do not meet the criteria per Section 24 6 20.A.8 of the Weld County Code, as amended,
shall not be divided by a Rural Land Division .
E . Amencments to previous y approvec Recorcec Exemptions anc Subcivision Exemptions sia fo ow tie
procedures under Article X of Chapter 24, Lot Line Adjustments, and are also subject to the applicable criteria
for Amended Recorded Exemptions or Amended Subdivision Exemptions.
F. Amencments for moc Vying or removing easements or bui cing anc septic enve -opes are consicered minor
modifications. The Department of Planning Services may approve a minor modification without a new
application . The applicant shall submit:
1 . A title commitment, including Schedules A, 8 1 and 8 2, issued by a title insurance company i&sued within
the past thirty (30) days, and
2. A revised draft plat, conforming to Lot Line Adjustment plat requirements per Section 24 10 50 of the
We G County Coce, to tie Department o : P arming Services for review anc acceptance. Upon acceptance,
the plat shall be submitted for recording with the recording fee.
G. Corrections to Recorcec Exemption or Subdivision Exemption p ats sia fo ow tie procecures uncer Section
24 11 40 of the Weld County Code.
r . Vacations o~ Recorcec Exemption or Subcivision Exemption pats spa-ll-fol ow the procedures under Section
24 11 50 of the Weld County Code.
SEC . 24- 11 - 20 . - AMENDED RECORDED EXEMPTION STANDARDS REMOVAL OF BUILDING ENVELOPES OR - Commented [039): Similar to vacation without plat:
consent agenda, but owners of other lots in the RE/SE shall
SEPTIC ENVELOPES ON RECORDED EXEMPTION OR SUBDIVISION EXEMPTION PLATS . be notified.
Building envelopes and septic envelopes shown on Recorded Exemption and Subdivision Exemption plats may Commented [JF40R39]: Fee?
be effectively removed without a plat in accordance with this Section .
A. Submittal requirements. The applicant shall submit the following items electronically to the Department of
Planning Services :
1 . Application form .
2. Authorization form, if applicable .
3 . Articles of organization or incorporation documents if the owner is a corporate entity, and a
statement/delegation of authority for the person authorized to sign on the corporation 's behalf, or trustee
documents if the owner is a trust.
4. Deed identifying the surface estate ownership in the property.
5 . A County Treasurer statement from the current tax year showing no delinquent property taxes for the
subject property.
6. Any other item (s) deemed necessary by the Department of Planning Services .
7. Application fee.
Page 88 of 100
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B. Process. Once the Planner has determined the application is complete and in compliance with this Section 24-
11-60, the Clerk to the Board shall draft a Board Resolution approving the removal of the building envelopes
or septic envelopes and place the resolution on the Board 's Consent Agenda in accordance with Section 2-1-
30 of this Code. Such resolution shall contain the reception number and recording date of the plat containing
the building envelopes or septic envelopes being removed and the legal description of the subject lot(s). The
Clerk to the Board shall notify, via certified mail, the owner of any lot not included in the application that is a
part of the same exemption plat. Such notice shall state that the item will be on the Consent Agenda and no
public testimony shall be heard unless it is removed from the Consent Agenda and placed on the regular agenda
by action of the Board . If approved, the Clerk to the Board shall record the resolution in the office of the County
Clerk and Recorder.
A. -Tie Amendec Recorced Exemption is subject to tie =o owing criteria :
1 . Amended Recorded Exemption lots shall be served by an adequate water source.
2. Amended Recorded Exemption lots shall be served by an on site wastewater treatment system (OWTS)
or public sewer.
3. Tie sma er logs, o: tie Amencec Recorcec Exemption sia not be ess tian one 1; acre net in size it
served by a public water source or two and one -half ( 2.5) acres net if served by a water well and shall not
be more than thirty five (35) acres gross.
4 . Tie argest lot of any Recorcee Exemption createe aster August 3, 2010, sia not be ess tian tiirty =ive
(35) acres net. This provision does not apply if the lot is already less than thirty five (35) acres net prior to
the amendment.
5 . In the event any easement is proposed to be modified or vacated, the applicant shall provide evidence
that the interests of the easement grantees are protected.
6. Lots shall be designated in alphabetical order on the plat and legal description from smallest to largest
based on Lot size.
7. An access is, or can be made, available that provides for safe ingress and egress to a public road. All
accesses shall be in accordance with Chapter 8, Article XIV of the Weld County Code, as amended .
8. The original plat notes shall appear on the Amended Recorded Exemption plat; however, - updated
anguage anc aecitiona notes may be provicec by tie Department o : P anning Services.
9. Tie approva o' an Amencee Recorcec Exemption may be coneitioned or restrictec to carry out Genera
P-rovisions and Conformance Standards of Chapter 24 ar to mitigate impacts or address concerns of
referral agencies. Conditions and restrictions may include, but are not limited to, creation of conservation
easements or other legal mechanisms to encourage agricultural production on the parcels and to maintain
irrigation water for the parcels, the utilization of existing housing, and the satisfaction of school district
concerns, pursuant to the requirements of Section 30 28 133(4 )(a), C. R .S. Conditions of approval shall be
met prior to recording the plat, and restrictions may be enforced by means of notes on the plat.
SEC . 24- 11 - 30 . - AMENDED SUBDIVISION EXEMPTION STANDARDS RESERVED .
A. The Amended Subdivision Exemption is subject to the following criteria .
1 . The Amended Subdivision Exemption Lot shag be served by an ader-fate water source, unle&s the Lot was
cr cited for a temporary unmanned use. Lots requiring an adequate water source shall not be less than
one ( 1 ) acre net in size if served by a public water source or two and one half ( 2.5) acres net if served by
a water well .
2. The Amended Subdivision Exemption Lot shall be served by an on site wastewater treatment system
(OWTS) or public sewer unless the Lot was created for an unmanned use.
Page 89 of 100
Draft Ord2023-17 10/3/23
If t -e Amencec Subdivision Exemption Lot was createc for an unma-nnec faci ity, tie-re is no minimum lot
size and the lot shall not be permitted for water or sewer services.
4. The Amended Subd-ivision Exemption Lot shall not be more than thirty five (35) acres gross.
5. In the event any easement is proposed to be modified or vacated, the applicant shall provide evidence
that the interests of the easement grantees are protected.
6, The-Amended Sobdiv4sion Exemption tots shall be designated in ascending numerical order from smallest
to largest in lot size, on the plat and legal description .
7. An access is, or can be made, available that provides for safe ingress and egress to a public road . All
accesses shall be in accordance with Chapter 8, Article XIV of the Weld County Code, as amended.
8. The original plat notes shall appear on the Amended Subdivision Exemption plat; however, updated
language and additional notes may be provided by the Department of Planning Services.
9. Tie approva of an Amenced Subcivision Exemption may be concitionec or restricted to carry out Genera
Provisions and Conformance Standards of Chapter 24 or to mitigate impacts or address concerns of
referral agencies. Conditions and restrictions may include, but are not limited to, creation of conservation
easements or otter ega mecianisms to encourage agricu tura procuction on tie parce s anc to maintain
irrigation water for the parcels, the uti ization of existing lousing, and tie satisfaction of school cistrict
concerns, pursuant to the requirements of Section 30 28 133(4)(a ), C.R .S. Conditions of approval shall be
met prior to recording the plat, and restrictions may be enforced by means of notes on the plat.
SEC . 24- 11 -40 . - CORRECTION .
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-51-111( 2),
C. R.S., a surveyor may record a new plat for the affected property that references the original plat and shows the
correction, but only to correct the following:
A. A bearing, distance, or elevation that was omitted or labeled incorrectly.
B. Text that was misspelled or mislabeled .
C. An error or omission ascertainable from the data shown on the recorded plat or parcel described .
D. An error within a parcel description shown on the recorded plat.
All other changes shall require a Lot Line Adjustment as described in Article X of this Chapter.
A. Tie Planner may approve a correction to an exemption without a hearing or compliance witi any of tie
submission, referral or review requirements of Chapter 24. The correction shall only address technical errors
where such correction is consistent with the approved exemption . Technical errors include, but are-not limited
to, correcting scrivener errors and correcting surveyor errors as ong as tie correction is consistent with tie
original intent of the approved exemption.
B. The applicant shall submit a corrected draft plat, conforming to Lot Line Adj-ustment plat requirements per
Section 24 10 50 of the Weld County Code, to the Department of Planning Services for review and acceptance .
Upon acceptance, the plat shall be submitted for recording with the recording fee .
SEC . 24 - 11 - 50 . - COMPLETE OR PARTIAL VACATION OF RECORDED EXEMPTION OR SUBDIVISION
EXEMPTION .
A. A lot or lots may be removed from an exemption plat, or an exemption plat may be completely vacated, in
accordance with this Section 24-11-50. An amended exemption plat may not be vacated in part but may be
completely vacated .
B. A complete or partial vacation of an exemption plat results in one ( 1 ) lot with a metes and bounds or aliquot
legal description . No internal lot lines shall be shown on the vacation plat.
C. Complete vacations shall include all lots created by the same exemption plat, excluding any lot(s) further
subdivided by subsequent plat.
Page 90 of 100
Draft Ord2023- 17 10/3/23
D . A partial vacation may remove any lot of at least thirty-five ( 35 ) acres from an exemption plat other than an
amended exemption plat. No lot smaller than thirty-five ( 35 ) acres shall be included in a partial vacation .
[Delete E and reletter remaining. ]
E . Lots createc by a p at approvec by tie County pursuant to Artic e X o= tiis Ciapter 24, Lot Line Acjustments,
may be eligible for vacation if they were originally created by exemption plat.
F. The vacation shall not be approved if it would cause any property to be left without access to a public road
right-of-way as a result of the vacation .
G . In the event any easement is to be vacated by the vacation, the Planner may require the applicant to provide
evidence that the interests of the easement beneficiaries are protected . Such evidence may include, but is not
limited to, signed and notarized consent of all beneficiaries of the easement to be vacated . Existing easements
are not affected by a complete or partial vacation of an exemption plat except as indicated on the vacation
plat . Any easement created by dedication on the original exemption plat and not vacated shall be rededicated
on the exemption vacation plat in the signed Property Owner's Certificate . Road rights-of-way are not affected
by a complete or partial vacation of an exemption plat.
H . Submittal requirements. The applicant shall submit the following items electronically to the Department of
Planning Services :
1 . Application form .
2. Authorization form, if applicable .
3 . Articles of organization or incorporation documents if the owner is a corporate entity, and a
statement/delegation of authority for the person authorized to sign on the corporation 's behalf, or trustee
documents if the owner is a trust.
4. Deed identifying the surface estate ownership in the property.
5. A County Treasurer statement from the current tax year showing no delinquent property taxes for the
subject property.
6 . A draft exemption vacation plat meeting the following requirements may be required if any easement
created by dedication on the plat being vacated is to remain and not be vacated, if the plat being vacated
did not include a survey of the entire property signed and stamped by a Professional Land Surveyor, or if
the property boundary cannot be determined from the original plat, as determined by the Department of
Planning Services:
a . The Planner shall provide the applicant or their surveyor the title to include on the vacation plat.
b. The vacation plat shall be prepared by a registered professional land surveyor in the State of Colorado
Professional Land Surveyor licensed to do business in the state and contain a complete and accurate
metes and bounds or aliquot legal description of the lot(s) to be vacated .
c. The vacated lot(s) shall be labeled, "VACATED ON [ DATE] BY RESOLUTION [#] OF THE BOARD OF
COUNTY COMMISSIONERS OF WELD COUNTY" .
d . In the case of a partial vacation, non-vacated lots shall be labeled " NOT A PART" along with their legal
description .
e . The vacation plat shall include the certificates found in Appendix 24-G of the Weld County Code .
f. The scale of the vacation plat shall be one ( 1) inch equals one hundred ( 100) feet ( 1 " = 100' ) or at
other suitable scale when approved by the Department of Planning Services.
g. Existing easements not vacated shall be shown and labeled with recording information of the creating
document. An easement created by dedication on the original exemption plat and not vacated shall
be rededicated on the vacation plat in the signed Property Owner' s Certificate.
h . The plat shall include the recording information for the original exemption plat.
[Insert 7, renumber the remaining. ]
Page 91 of 100
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7 . If the Department of Planning Services determines a vacation plat is not required, the applicant shall
provide the following:
a . A draft deed with the metes and bounds legal description conveying the vacated property to the
applicant to be recorded in the office of the County Clerk and Recorder by the applicant after
approval and recording of the Board resolution . No building permits shall be issued for the property
until such deed is recorded .
b. An exhibit including the following:
1 . A map showing the boundary of the property,
2. The Clerk and Recorder' s reception number and date of recording for the plat being vacated or
partially vacated,
3 . A metes and bounds legal description for the subject property.
[Insert 8, renumber the remaining.]
8. Project narrative.
7 . Any other item (s) deemed necessary by the Department of Planning Services.
8. Application fee .
I . Process.
1 . Once the Planner has determined the application is complete and in compliance with this Section 24-11-
50, the Clerk to the Board shall draft a Board Resolution approving the vacation and place the resolution
on the Board 's Consent Agenda in accordance with Section 2- 1-30 of this Code . For partial vacations, the
Clerk to the Board shall notify, via certified mail, the owner of any lot that is a part of the original
exemption plat but not included in the vacation . Such notice shall state that the item will be on the
Consent Agenda and no public testimony shall be heard unless it is removed from the Consent Agenda
and placed on the regular agenda by action of the Board . If a vacation plat is not required, the Clerk to the
Board shall record the resolution in the office of the County Clerk and Recorder with the exhibit described
in Subsection 24-11-50. H .7 .b above attached . The applicant shall record a deed with the metes and
bounds or aliquot legal description from the plat.
2. If the application is determined to be not in compliance with this Section 24-11-50 and the applicant has
not corrected the deficiencies within sixty (60) days of being notified of the deficiencies by the Planner,
the Clerk to the Board shall draft a Board resolution denying the vacation and request that the resolution
be placed on the Board 's regular agenda . The Planner shall notify the applicant at least ten ( 10) days prior
to the hearing.
3 . Upon approval, the applicant shall submit a plat for recording, if required, along with any other
documentation required as conditions of approval, the recording fee, and a draft deed conveying the
vacated property to the applicant. Such deed shall contain the metes and bounds or aliquot legal
description from the plat and shall be recorded in the office of the County Clerk and Recorder by the
applicant after the plat is recorded . The plat shall be delineated in nonfading permanent black ink on
Mylar measuring thirty-six (36) inches wide by twenty-four ( 24) inches high with original signatures and
seals in permanent black ink. The plat shall be prepared, signed, and stamped by a registered professional
land surveyor in the State of Colorado Professional Land Surveyor licensed to do business in the state and
signed by all owners of lots to be vacated . Upon completion of all conditions of approval, the plat shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services . The plat
shall be recorded within ninety (90) days from the date of the resolution or the Planner shall schedule a
public hearing before the Board of County Commissioners and request the applicant to appear and
present evidence substantiating that the application has not been abandoned and that the applicant
possesses the willingness and ability to record the plat. The Board may extend the date for recording the
Page 92 of 100
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plat or revoke the approval and deny the application . The vacation is not effective until the vacation plat
has been recorded in the office of the County Clerk and Recorder by the Department of Planning Services.
ARTICLE XII - RESOLUTION OF ILLEGAL LAND DIVISIONS
SEC . 24- 12 - 10 . - OVERVIEW .
A. The Resolution of Illegal Land Division process applies to those parcels which were created by an illegal land
division and grants the property owner the right to request the Board of County Commissioners accept the
illegally created lots as legal .
B. Lots that are part of a Planned Unit Development Planned Unit Development, Major Subdivision, Minor
Subdivision, Rural Land Division, Historic Townsite or recorded Subdi-vision other subdivision plat, are not
eligible for a Resolution of Illegal Land Division and must be remedied through the Resubdivision process per
Chapter 24, Article IX of this Chapter the Weld County Code, as amended, or the Planned Unit Development
process per Chapter 27 of the Weld County Code, as applicable amended.
C. The Resolution of Illegal Land Division shall adhere to Chapters 22 and 23 of the Weld County Code and to the
Article I, General Provisions, and Article II , Conformance Standards, of this Chapter. per Chapter 24, Articles I
and II of the Weld County Code, as amended .
SEC . 24- 12 -30 . - SUBMITTAL REQUIREMENTS .
Prior to submitting a Resolution of Illegal Land Division application, the applicant shall submit a Pre-Application
Request Form and meet with the Department of Planning Services to discuss the proposal . Following the Pre-
Application meeting the applicant may submit a complete Resolution of Illegal Land Division application
electronically. The following application items are required :
A. Application Form .
B. Authorization Form, if applicable .
[Delete C and reletter. ]
C. Resolution of Illegal Land Division Standards Certification that the application complies with the criteria per
Section 24 12 20 of the Weld County Code.
D. Deed identifying the surface estate ownership in the property and relevant lease documents.
E . Articles of Organization or Incorporation documents if the owner is a business entity, including
Statement/Delegation of Authority documentation for the person authorized to sign on the corporation 's
behalf, or trustee documents if the owner is a trust. include Statement/Delegation of Authority
documentation .
F. Trustee documents if the owner is a Trutt. Questionnaire as required in the application packet.
[Delete G . and reletter.]
G . Planning Questionnaire, including, but not limited to:
1 . Exp ain wiy tiis is tie on y option to remeoy tie i ega anc civision .
2 . Explain how and why the illegal land division occurred .
3. Describe the existing and proposed uses of the property.
/I . Describe the existing and proposed potable water source .
5. Describe tie existing anc proposec sewage c isposa system .
6. Describe existing improvements.
7. Describe the existing access to the site.
Page 93 of 100
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8. Describe any existing and proposed drainage, access and/or utility easements and rights of way. Provide
written documentation of any recorded easement or right of way necessary to access the property from
a publicly maintained right of way. A survey may be required beyond the boundary of the illegal parcel.
Q. Describe the current irrigation practices occurring on the site.
10. Describe the unique physical characteristics of the property, including, but not limited to, topography,
water bodies, CRP lands, vegetation, floodplains, geohazard areas, M4S4 and airport overlay district.
11 . Detail the location of any on site oil and gas facilities, irrigation ditches/laterals, pipelines, overh ad -lines,
railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities,
irrigation ditches/laterals, pipelines, overhead lines, railroads, etc.
H . Water Supply Documentation . Example : A letter or bill from a water district or municipality, or a well permit
from the State Division of Water Resources.
I . Sewage Disposal Documentation . Example : A septic permit or bill from a sanitary sewer district.
J . Draft Resolution of Illegal Land Division land survey plat prepared according to the plat requirements per
Section 24-12-50 below of the Weld County Code, as amended.
K . A signed buffer report and affidavit of the names, addresses and parcel numbers of the surrounding property
owners within five hundred (500) feet of the property. The buffer report shall expire thirty (30) days from
preparation .
L. A title product, sometimes referred to as a "preliminary title report" or an " informational commitment," issued
by a title insurance agency, agent, or company registered with the state, that includes a legal description and
date of the report (typically on "Schedule A" ) and a list of exceptions (typically on "Schedule B" or "Schedule
B-2") .The title product shall be dated no more than thirty (30) days prior to submittal . A title commitment,
inc ucing Sciecu u es A, 8 1 anc B 2, issuec by a tit e insurance company. Tie tit e commitment s la expire
thirty (30) days from preparation.
M . A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject
properties. The Statement shall be from the current tax year.
N . Any other item (s) deemed necessary by the Departments of Planning Services, Public Works or Public Health
and Environment, Environmental Health Services Division .
O . Application fee .
SEC . 24- 12 -40 . - PROCEDURE .
A. The Resolution of Illegal Land Division application shall be processed according to the following procedure :
1 . The applicant shall submit a Resolution of Illegal Land Division application to the Department of
Planning Services for review. The Planner shall have the responsibility of ensuring that all application
submittal requirements are met prior to processing the application . Upon determination that the
application is complete, the application fee shall be paid .
2 . Once the application is deemed complete and the fee paid , the Department of Planning Services shall
send the application to relevant referral agencies for review and comment as the Planner deems
necessary and give notice to those persons listed in the application as lienholders of the subject
property. Inadvertent errors by the applicant in supplying such list, or the Department of Planning
Services in sending such notice, shall not create a jurisdictional defect in the hearing process, even if
such error results in the failure of a lienholder to receive such notification . A list of referral agencies is
located in Appendix 23-G of the Weld County Code. The referral agencies shall be given twenty-eight
(28) days to respond from the date of notice . The Department of Planning Services shall also send
notice of the application to surrounding property owners within five hundred ( 500) feet of the subject
Resolution of Illegal Land Division lots. The failure of any agency or surrounding property owner to
respond within twenty-eight ( 28) days may be deemed a response with no concerns. All referral agency
Page 94 of 100
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review comments are considered recommendations to the County The authority and responsibility for
approval or denial of a Resolution of Illegal Land Division application rests with the County
3 The Planner will prepare a Staff Report within sixty(60)days of receipt of a complete application The
Staff Report shall contain a recommendation far approval or denial The Staff Report shall address all
aspects of the application,including,but not limited to,referral agency and surrounding property
owner comments and the regulations contained in the Weld County Code The Department of Planning
Services will review the application and determine if the applicant has demonstrated compliance with
the Overview and Standards per Sections 24-12-10 and 24-12-20 of the Weld County Code
4 The Planner shall schedule the Board of County Commissioners public hearing
5 Prior to the Board of County Commissioners hearing,sign posting,legal publication,and surrounding
property owner notification shall be required
a The Planner shall post a sign with case information on the property under consideration for the
Resolution of Illegal Land Division 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(1)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 the ten(10)days preceding the hearing date,evidenced with an affidavit
and photograph
b The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners
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
c The opphcant shall be notified of the hearing date,time and location via Certified Mail,sent by the
Clerk to the Board,at least ten(10)days prior to the hearing The Clerk to the Board shall also give
notice of the Resolution of Illegal Land Division and the public hearing date to those persons listed
in the application as owners of property located within five hundred(500)feet of the Resolution
of Illegal Land Division lots Such notification shall be mailed,first-class,not less than ten(10)days
before the scheduled public hearing Inadvertent errors by the applicant in supplying such list,or
the Board of County Commissioners in sending such notice,shall not create a jurisdictional defect
in the hearing process,even of such error results in the failure of a surrounding property owner to
receive such notification
d Prior to the hearing,the Clerk to the Board shall draft a Board Resolution
6 At the public hearing,the Board of County Commissioners shall consider the Resolution of Illegal Land
Division application and take final action thereon The Board of County Commissioners'decision shall
consider the recommendation of the Planning Staff,referral agency responses,the application case file ,
and facts presented at the public hearing The Board of County Commissioners shall approve the
Resolution of Illegal Land Division application unless it finds that the applicant has not met one(1)or
more of the Overview and Standards per Sections 24-12-10 and 24-12-20 of the Weld County Code
a If the Resolution of Illegal Land Division is denied by the Board of County Commissioners,the
applicant may seek remedy through a court action
b If the Resolution of Illegal Land Division is conditionally approved by the Board of County
Commissioners,the applicant shall address the conditions of approval enumerated in the
Resolution The revised draft land survey plat shall be submitted to the Department of Planning
Services for review by Planning and Public Works staff
7 Upon completion of the conditions of approval and acceptance of the plat,the plat may be submitted
for recording with the recording fee to the Planner The plat shall be signed and notarized by the
property owners and the Board of County Commissioners chairman
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8. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for
recording.
9 . The Resolution of Illegal Land Division is approved and binding the date the plat is recorded with the
Weld County Clerk and Recorder.
10. The applicant may withdraw the application at any point in this process. Withdrawal letters shall be
submitted, in writing, to the Departments of Planning Services and shall be signed by the property
owners .
SEC . 24- 12 -50 . - PLAT REQUIREMENTS.
The Resolution of Illegal Land Division revised draft plat shall be submitted once an application is approved.
Tie applicant s -ia e ectronica y submit tie ora't p at in PDF =ormat to tie Department o- P anning Services 'or
Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline
comments to be incorporated in the revised plat. There may be subsequent rounds of review. Upon approval of the
draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized
approvec p at to tie Department o' P anning Services. The approvec p at sia be recoreec in tie O=-ice o' tie We e
County C er< anc Recorcer by tie Department o- anning Services. Tie approved p at and accitiona requirements
shall be recorded within one hundred twenty ( 120) days from the date of approval by the Board of County
Commissioners. The applicant shall be responsible for paying the recording fee .
The Resolution of Illegal Land Division plat shall comply with Section 24-2-70 of this Chapter as well as meet
the following requirements:
A . The plat shall be prepared by a registered professional land surveyor in the State of Colorado.
B. The plat shall be delineated in permanent black ink on a dimension-ally stable polyester sheet such as Mylar.
The size of each shall be twenty four (244 inches in height by thirty six ( 36 ) inches in width .
C. The plat shall contain north arrows and scales. The drawing shall be at a scale of one ( 1) inch equals one
hundred ( 100) feet or one (1 ) inch equals two hundred ( 200) feet. Vicinity maps shall be at a minimum scale
of one (1 ) inch equals two thousand (2,000) feet. The font shall not be less than ten ( 10) point in size. Maps
craven to ot.ier sca es must be approvec in writing by P anning Staff-
A. The plat shall be titled as " Resolution of Illegal Land Division " followed by the assigned case number.
ES. The Resolution of Illegal Land Division lots shall be numerically designated as specified by the Planner, on the
plat map and legal description . All lots shall be labeled with their areas in square feet and acreage to the
nearest one-hundredth (0.01) of an acre.
I*. If lots surrounding the Resolution of Illegal Land Division are not involved, they shall be labeled "Not a Part".
GC. The plat shall include a complete and accurate legal description of the illegal lots being accepted.
H . The plat shall bear the certifications shown in Appendix 24 H to this Chapter.
I . The plat shall contain the original signatures and seals in permanent ink .
:D . The plat shall contain a list of the history of deeds, land divisions and amendments, which resulted in the illegal
lots being created accepted. Reference previous deeds, land divisions and amendments by case number,
reception number and recording date, as applicable .
KE . The plat shall delineate the location of all existing and proposed driveways and accesses associated with the
Resolution of Illegal Land Division lots .
LF. The plat shall include the names of any existing roads roads or highways abutting the proposed Resolution of
Illegal Land Division lots. The plat shall include the road right-of-way adjacent to the parcel as well as the
physical location of the roadway, and right-of-way creation documentation . Future right-of-way, if any, shall
also be shown .
M . Tie p at s -ia ce ineate a- existing anc future easements or rights of way ocatec on tie Reso ution-of I ega
Land Division lots.
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N . The plat shall show all unique physical characteristics of the Resolution of Illegal Land Division lots, including,
but not limited to, irrigation canals and waterbodies, floodplains and geohazard areas.
O. The plat shall include a vicinity map . The vicinity map shall locate the Resolution of Illegal Land Division lots
with respect to adjacent roads, municipal limits, ditches, and railroads, etc. Shaw and label the subject section
and dashed quarter section lines.
P . - The plat shall show the location and setback radii of any active, shut in or plugged or abandoned oil and gas
wells and tank batteries.
O. All work shall comply with the requirements of Sections 38 50 101 and 38 51 101 et seq., C.R .S.
R . 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 tie State Boarc o- Registration for Pro' ssiona Engineers anc Pro:essiona Lane Surveyors Boarc Po icy
Statement.
SEC . 24 - 12 -60 . - ENFORCEMENT .
A. Failure to Record . If the Resolution of Illegal Land Division plat has not been recorded within one hundred
twenty ( 120) days from the date of approval by the Board of County Commissioners: or if a-n applicant is unable
to meet any of the conditions within one hundred twenty ( 120) days of approval, the Board of County
Commissioners may grant an extension for a period not to exceed one ( 1 ) year, for good cause shown, upon a
written request by the applicant. if the extension expires, the application will be forwarded to the Board of
County Commissioners with a recommendation to rescind the Board of County Commissioners' Resolution,
which accepted the Illegal Land Division. If the applicant is unwilling or unable to meet any of the conditions
of approval or the extension expires, the application will be forwarded to the Board of County Commissioners
for reconsideration . The property owner shall be notified of the hearing via certified mail no less than ten ( 10)
days prior to the hearing. The Board of County Commissioners may, after a public hearing, rescind the approval .
B. Failure to Comply. All property within the Family Farm Division shall comply with the approved Family Farm
Division and the recorded plat, including, but not limited to, any development standards or notes on the plat.
Noncompliance shall result in withholding Weld County permits on any affected property. The property owner
sia comp y with tie recorceo p at notes and lot configuration. Noncomp iance may resu tin oc<ing of tie
lots and withholding Weld County permits.
C. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from
se- ing, agreeing to se or offering to se subdivided land before a p at for suci subdivided land has been
approved and recorded per Section 30 28 110(4), C. R.S.
SEC . 24- 12 - 70 . - AMENDMENT.
The Lot Line Adjustment process shall be followed when proposing changes to a recorded Resolution of Illegal
Land Division plat as described in Article X of this Chapter.
A. Tie Lot Line Adjustment process sia be fo owec wren proposing cla-ges to a recorccc Reso ution of I ego
Land Division plat as described in Article X of Chapter 24 of the Weld County Code, as amended. A new Lot Line
Adjustment application shall be submitted for all changes besides those changes described as Corrections per
Section 24 12 80 of the Weld County Code .
B. Amencments or moc Vying ar removing easements are consicerec miner moe+fica-tie-ns. Tie Department of
P anning Services may approve a minor moci=ication wit lout a new app ication. Tie app icant sia submit a
revised draft plat, conforming to Lot Line Adj-ustment plat requirements per Section 24 10 50 of the Weld
County Code, to tie Department of P anning Services for review anc acceptance. Upon acceptance, tie piat
;hall be submitted for recording with the recording fee .
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SEC . 24- 12 -80 . - CORRECTION .
Where the original surveyor is not available to sign an affidavit of correction as allowed in Section 38-51-111( 2),
C. R.S., a surveyor may record a new plat for the affected property that references the original plat and shows the
correction, but only to correct the following :
A. A bearing, distance, or elevation that was omitted or labeled incorrectly.
B. Text that was misspelled or mislabeled .
C. An error or omission ascertainable from the data shown on the recorded plat or parcel described .
D . An error within a parcel description shown on the recorded plat.
All other changes shall require a Lot Line Adjustment as described in Article X of this Chapter.
A. The Planner may approve a correction to a Resolution of illegal Land Division without a hearing or compliance
with any of the submission, referral or review requirements of Chapter 24. The correction shall only address
technical errors where such correction is consistent with the approved Resolution of Illegal Land Division.
Tecinica errors inc- uce, but are not imitec to, correcting scrivener errors anc correcting surveyor errors as
long as the correction is consistent with the original intent of the approved Resolution of Illegal Land Division .
B. The applicant shall submit a corrected draft plat, conforming to Resolution of Illegal Land Division plat
requirements per Section 24 12 SO of the Weld County Code, to the Department of Planning Services for
review and acceptance. Upon acceptance, the plat shall be submitted for recording with the recording fee .
ARTICLE XIV - IMPROVEMENTS RESERVED
SEC . 24 14 10 . SITE IMPROVEMENTS AND INFRASTRUCTURE .
The following site improvements and infrastructure shall be constructed at the expense of the
subdivider/developer as stipu atec in tie Subdivision Improvements Agreement, approvec by tie Boarc of County
Commissioners as described in Section 2 3 30 of the Weld County Code, as amended . Collateral for on site and off
site improvements will be required.
A. Tie fo owing -subdivision improvements are associated wit i tie Department of P anning Services :
1 . Landscaping and screening, as required .
2 . On site lighting, as required .
3 . On site signage, as required .
4 . On site curnisnings, as requires inc using mai box anc ce ivery <ios<s, and ceve opment amenities:
B. Tie fo owing subdivision improvements are associates wits tie Department of Pub is Wor<s:
1 . Water distribution systems, as required.
2. Sanitary sewer systems, as required.
3 . Road and site grading and surfacing, as required.
4 . Curb, gutter and sidewalks, as required .
5. Storm sewers or storm drainage systems, as required .
6. Street signage, as required including regulatory, informational and directional signs.
7. Street lighting, as required .
8. Permanent reference monuments and monument boxes, as required .
9. Underground electric, natural gas, communication utility lines and services, as required .
C. Otter faci-ities anc requirements as may be specifies in Chapter 24 or by the Boare of County Commissioners.
APPENDICES
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APPENDIX 24-A - MINOR SUBDIVISION FINAL PLAT CERTIFICATES FOR MAJOR AND MINOR
SUBDIVISIONS, RESUBDIVISIONS, AND PUD FINAL PLATS AND FINAL PLAT AMENDMENTS
A. PROPERTY OWNER 'S CERTIFICATE :
I (We), the undersigned, being the sole owners in fee of the above-described property, do hereby subdivide the
property as laid out in this plat, and dedicate all easements described and/or depicted herein for the benefit of
Weld County and the fee owners of any lot or parcel created by this plat . I (We) further dedicate all roads and rights-
of-way as shown on this plat to Weld County for the use of the traveling public.
(Signature ) (Signature )
Typed or printed name Typed or printed name
(All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C. R .S . §24-21-501
et seq . )
[Delete B . LIENHOLDER CERTIFICATE and reletter. ]
B. LIENHOLDER CERTIFICATE :
(We), tie uncersignec , being tie ienio cer of tie above eescribee property, do hereby agree to tie subcivision
of lands, the same as shown an this plat, and agree that the lienholder's interests to the property are subordinated
to the dedication of road or rights of way to Weld County.
'Signature (Signature I
Typed or printed name Typed or printed name
(A signatures must be notarizes in accordance wits tie Revisec Uniform Law on Notaria Acts, C. R .S. §24 21 501
et seq .)
C. UTILITY SERVICE PROVIDER CERTIFICATE :
We, the undersigned, being the Utility Service Provider of the above described property, do hereby agree to provide
utility service to the subdivided lands, the same as shown on the attached plat.
On behalf of (Signature )
Water Provider Typed or printed name Date
On behalf of ;Signature )
Sewer Provider Typed or printed name Date
On behalf of (Signature
Natural Gas Provider Typed or printed name Date
On behalf of Signature )
Electric Provider Typed or printed name Date
On behalf of Signature )
Communication Provider Typed or printed name Date
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D . SURVEYOR CERTIFICATE :
I, , a Registered Professional Land Surveyor in the State of Colorado, do hereby certify
that the survey represented by this plat was made under my personal supervision, and that this plat is an accurate
representation thereof. I further certify that the survey and this plat complies comply 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
[Delete E . PLANNING COMMISSION CERTIFICATE and reletter. ]
Planning Commission Certificate:
Tiis is to certify tiat tle We c County P arming Commission -las consicereo tiffs _name o: subcivision" Fina P at, as
shown and described hereon, and made recommendation to the Board of County Commissioners, Weld County this
day of , 20 .
CHAIR, PLANNING COMMISSION
F. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL:
This Minor Subdivision plat is approved by the Board of County Commissioners of Weld County, State of Colorado .
Approval of this plat constitutes an acceptance of the dedication of public roads and rights-of-way described and/or
depicted on this plat but 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 road and
rights-of-way are the sole responsibility of the landowners within the Minor Subdivision .
Witness my hand and the corporate seal of Weld County this day of , 20 .
CHAIR, BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
By :
Deputy Clerk to the Board Date
APPENDIX 24- B - RURAL LAND DIVISION FINAL PLAT CERTIFICATES RESERVED .
[Delete certificates in Apx. 24-B. ]
APPENDIX 24- E - RESUBDIVISION PLAT CERTIFICATES RESERVED .
[Delete certificates in Apx. 24-E .]
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