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Home My WebLink About20223080.tiffWELD COUNTY CODE ORDINANCE 2022-09 el IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date o' adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Coloraco, that Chapter 24 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 2 ADMINISTRATION Amend Sec. 2-1-30. Consent agenda. A. through E. — No change. Pursuant to Section 24-11-50, if a request for a complete or partial vacation of a Recorded Exemption or Subdivision Exemption is listed on the Consent Agenda, the Chair shall ask those present in the Board's meeting room if there is anyone who desires to speak in opposition to the vacation request. The Board shall remove the vacation request from the Consent Agenda, if a person present expresses such a desire, and place the vacation request on the Board's Regular Agenda for consideration. CHAPTER 24 SUBDIVISIONS Repeal and Re-enact Sec. 24-11-50. Complete or partial vacation of recorded exemption or subdivision exemption, in its entirety, to read as follows: Exemption or Subdivision Exemption through the procedures set forth in this Section. The PAGE 1 2022-3080 ORD2022-09 vacation request shall be submitted, in writing, to the Department of Planning Services shall describe the purp easements or rights of -way that may be affected. ion plat. No property resulting -f continue to use any access easement across other lots within the exemption plat without the express consent of those lot owners. The vacation request may be processed without any of the submission, referral or review requirements of Chapter 24. No sign posting or legal publication shall be required. No notice to surrounding property owner • dial vacation of only the exemption plat. 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. Exemption unty Commissioners Agenda. The owners of all tots within the affected exemption plat shalt be notified of the hearing days prior to the hearing. F Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination that the Exemption plat is va n and a copy of -the Resolution will be kept in the files of the Clerk to the Board. condition requiring the applicant to provide evidence that the interests of the easement that any easement created by the exemption plat is retained, has been replaced, or has of the easement or by order of a court of competent jurisdiction. If the vacation request is approved by the Board of County Commissioners, an exemption vacation plat meeting the requirements of subsection t of this section shall be submitted shall submit a signed deed conveying the vacated property to himself or herself. Such deed shall contain the mete of legal description from the plat. Upon receiving all required signatures, the Department of Planning Services will record the plat and the deed. The vacation is effective on County Clerk and Recorder. PAGE 2 2022-3080 ORD2022-09 Exemption vacation plat requirements. 1 The plat shall be titled "VACATION OF LOT [X} OF (REC-X--XXX]." 2. The p at s I d bounds or aliquot legal description of the parcel that is vacated from the Recorded Exemption or Subdivision 3. The vacated parcel shalt be labeled "VACATED ON [DATE] BY RESOLUTION [#] OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY." In the case of a -partial vacation, the plat shall depict all non vacated lots as stilt existing ion or Subdivision Exemption. The plat shall be signed by the owners of the vacated parcel and the Chair of the Board 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. 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 p lat C Complete vacations shall include all lots created by the same exemption plat, excluding any lot(s) further subdivided by subsequent plat. D A partial vacation may remove any lot of at least thirty-five (35) acres from an exemption plat. No lot smaller than thirty-five (35) acres shall be included in a partial vacation. E Lots created by a plat approved by the County pursuant to Article X of this Chapter 24, Lot Line Adjustments, may be eligible for vacation if they were originally created by exemption plat. 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. Tne applicant shall submit the following items electronically to the PAGE 3 2022-3080 ORD2022-09 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: 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 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 [DATE1 BY RESOLUTION f#1 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. 7 Any other item(s) deemed necessary by the Department of Planning Services. PAGE 4 2022-3080 ORD2022-09 8. Application fee. 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 the application is determined to be not in compliance with this Section 24-11-50 and the applicant ias 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, 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. 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 and signed by all owners of lots to be vacated. Upon completion of all conditions of approval, the plat shall be reccrded 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 plat. or revoke the approval and deny the application. Tie 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. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. PAGE 5 2022-3080 ORD2022-09 BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause,' or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one ,or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid The above and foregoing Ordinance Number 2022-09 was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A D , 2022 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Scott K James, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY Deputy Clerk to the Board Perry L Buck APPROVED AS TO FORM Steve Moreno County Attorney Lori Same ' Date of signature First Reading November 7, 2022 Publication November 12, 2022, in the Greeley Tribune Second Reading November 23, 2022 Publication November 30, 2022, in the Greeley Tribune Final Reading December 12, 2022 Publication December 16, 2022, in the Greeley Tribune Effective — December 21,' 2022 PAGE 6 2022-3080 ORD2022-09 Hello