HomeMy WebLinkAbout20223428.tiffWELD COUNTY
CODE ORDINANCE 2022-09
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 of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 24 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repealed and re-enacted, with amendments, to read as follows.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.
F. 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:
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.
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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.
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.
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:
a. The Planner shall provide the applicant or their surveyor the title to include
on the vacation plat.
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Carly Kopp.,upClerk anddR000rder, Weld County ,
CO
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2022-3428
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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 [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.
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.
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.
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Carly Koppel, Clark and Recorder, Wald County , CO
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2022-3428
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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 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 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.
AMEND APPENDIX 24-G - ATTACHED.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
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Carly Kopp., Clerk and
Recorder,
Weld ill County ity , CO W''RY %'. �Tri�'Ytirii�ri YdYY� minim m h Bill
2022-3428
ORD2022-09
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
WELQ COUNTY, COLORADO
ATTEST: ditiL) G •aC,kAr.
Weld County Clerk to the Board
ounty orney
Date of signature: 12 X2712
First Reading:
Publication:
Sco'I:t K. James, Chair
Mike Freeman, Pro-Tem
November 7, 2022
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
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Carly Kopp., Clark and Recorder, Weld County , CO
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2022-3428
ORD2022-09
APPENDIX 24-G Vacation Plat Certificates
A. PROPERTY OWNER'S CERTIFICATE:
I (We), the undersigned, being the sole owner(s) in fee of the property described and shown
hereon, by and through the vacation action taken by the Board of County Commissioners of Weld
County to now be recognized as an unplatted tract of land, do hereby acknowledge and
understand that any existing easements are not affected by the vacation unless indicated as
"vacated by this plat" hereon. Any easement created by the original land division plat that is now
shown as vacated on the accompanying map hereon is hereby rededicated as shown hereon.
Road rights -of -way are not affected by this vacation.
(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.)
B. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL:
This vacation plat is approved by the Board of County Commissioners of Weld County, State of
Colorado. 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
Add C. SURVEYOR'S CERTIFICATE:
I, , a Registered Professional Land Surveyor in the State of Colorado, do
hereby certify that the survey represented by the 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 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
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Carly Kopp.., Clerk and Recorder, Wald County , CO
2022-3428
ORD2022-09
11Y'ICIVI+191'li 111 i1 II
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WELD COUNTY
CODE ORDINANCE 2022-09 G
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 of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 24 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.
F. 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:
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.
PAGE 1
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ORD2022-09
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.
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.
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:
a. The Planner shall provide the applicant or their surveyor the title to include
on the vacation plat.
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ORD2022-09
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 [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.
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.
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.
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ORD2022-09
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 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 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.
AMEND APPENDIX 24-G - ATTACHED.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
PAGE 4
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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 Saine
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 5
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ORD2022-09
APPENDIX 24-G Vacation Plat Certificates
A. PROPERTY OWNER'S CERTIFICATE:
.I (We), the
undersigned, being the sole owner(s) in fee of the property described and shown hereon, by and
through the vacation action taken by the Board of County Commissioners of Weld County to now
be recognized as an unplatted tract of land, do hereby acknowledge and understand that any
existing easeme2ts are not affected by the vacation unless indicated as "vacated by this plat"
hereon. Any easement created by the original land division plat that is now shown as vacated on
the accompanyirg map hereon is hereby rededicated as shown hereon. Road rights -of -way are
not affected by this vacation.
(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.)
B. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL:
This vacation plat is approved by the Board of County Commissioners of Weld County, State of
Colorado. Witness my hand and the corporate seal of Weld County this day of
,20
CHAIR, BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Cle-k to the Board
By:
Deputy Clerk to the Board Date
Add C. SURVEYOR'S CERTIFICATE:
I, , a Registered Professional Land Surveyor in the State of Colorado, do
hereby certify that the survey represented by the 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 comply with all applicable rules, regulations, and laws of the State of Colorado, State Board
of Registration fon Professional Engineers and Professional Land Surveyors, and Weld County.
By:
Registered Land Surveyor Date
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