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WELD COUNTY
CODE ORDINANCE 2021-11
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0 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 8 PUBLIC WORKS, 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of Weld, State of Colorado, that Chapter 8 of the Weld County Code be, and hereby is, repealed
and re-enacted, with amendments, to read as follows.
CHAPTER 8
PUBLIC WORK
ARTICLE XVI = Vacation of Road Right -of -Way by Board of County Commissioners
Amend Sec. 8-16-20. ,±-d-,53,91-[1:RiWacation procedures.
ATThe Board of County Commissioners may vacate a public road right-of-way by rResolution,
if the Board determines it to be in the County's best interest, or upon application of an interested
landowner submitted to the r Department of Public Works; however, if the
proposed vacation of public road right-of-way is within a historic townsite or subdivision, an
application shall be submitted to the Department of Planning Services for a Resubdivision,
pursuant to Chapter 24, Article IX, of the Weld County Code.
Amend Sec. 8-16-30. Vacations of public road rights -of -way not within historic townsites
or subdivisions.
A. Complete petitions for vacation of public road rights -of -way not within historic townsites or
subdivisions accepted by the Department of Public Works shall include:
1. A complete Petition Application signed by the petitioner with an accurate legal description
of the right-of-way requested to be vacated.
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2. If an authorized agent is representing the petitioner, an Authorized Agent Form must be
suomitted with the application.
3. Affidavit of Interest Owners Form has been completed and signed by petitioner, authorized
agent, and all interested property owners (if applicable).
4. A list of all adjacent property owners within 500 feet or landowners who are not directly
adjacent, but may be affected due to usage of the right-of-way.
5. Provide evidence of existing utility information.
B. Within two (2) weeks of receiving completed petition, the Department of Public Works, in
collaboration with the Clerk to the Board's Office, will send referral requests to the Department
of Planning Services, Department of Public Health and Environment, Sheriffs Office, the fire
district, the ambulance service, emergency responders, neighcoring municipalities and utility
companies. The respective departments and agencies have a minimum of three (3) weeks to
review the petition and submit comments.
C. Within six (6) weeks of the petition being received, and atS. At least ten (10) days prior to
the meeting at which the Board of County Commissioners is to consider vacating any public
road right-of-way, the Clerk to the Board shall mail notice of the meeting to all persons owning
land adjacent to the roadway to be vacated, including any landowner who the Department of
Public Works reasonably determines may use the right-of-way proposed to be vacated to
access their property. This notice shall not be required if the public road right-of-way has not
been used as a roadway for at least twenty-one (21) years or since it was established. The
Clerk -the Boaro shall refer tinre matter to the Department of { 9 Rn-i--ng-Se .es and t no
-blic Works for reviewan- omme-n-t&- Inadvertent errors by the Department
of Public Works in determining who should receive such notice, or by the Clerk to the Board's
Office in sending such notice, shall not create a jurisdictional defect in the process, even if
such error results in the failure of a property owner to receive such notification.
CD.The Resolution vacating the public road right-of-way shall be recorded with the County Clerk
and Recorder.
DE.Upon vacation of the public road right-of-way, title to the land shall vest in the adjacent
landowners pursuant to the provisions of C.R.S. § 43-2-302.
Ai u u ii
mend Sec. 8-16-340 , �en�{- :gin Recw rrement.
A. Petitioner shall pay an application fee, pursuant to Article VII, Permits and Fees — Appendix
5-M Department of Public Works Permit Application Fees.
B. The Board of County Commissioners may approve or deny ary request to vacate public road
right-of-way as it determines to be in the best interests of the County. The Board may consider
any information or evidence it determines appropriate, including, but not limited to, the
following, to be provided by the Department of Public Works:
1. Existing and future access, and
2. Whether the right-of-way is a maintained or non -maintained public road, and
3. What the road classification is as identified on the County's current Functional
Classification Map, and
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4. Whether there is enough information to determine if the public needs this right-of-way in
the future for items such as utility easements, etc. A title commitment or land survey plat
may be required.
/-,:AsC. No public road right-of-way that borders another county or the boundaries of an incorporated
municipality may be vacated without the cResolution of the Board of County Commissioners
and the consent of the governing body of the other county or municipality.
BD. No public road right-of-way may be vacated if any adjoining property would be without access
(landlocked) by either public road or private easement.
CE.The ;Resolution vacating the public road right-of-way shall reserve rights -of -way or
easements for existing sewer, gas, water or similar appurtenances, for ditches or canals and
appurtenances and for electric, telephone and similar lines and appurtenances.
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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The above and foregoing Ordinance Number 2021-11 was, on motion duly made and
seconded, adopted by the following vote on the 7th day of July, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Steve Moreno, Chair
Weld County Clerk to the Board
Scott K. James, Pro -Tern
BY:
Deputy Clerk to the Board
Perry L. Buck
APPROVED AS TO FORM:
Mike Freeman
County Attorney
Lori Saine
Date of signature:
First Reading:
P ublication:
Second Reading:
P ublication:
Final Reading:
P ublication:
Effective:
May 26, 2021
May 30, 2021, in the Greeley Tribune
June 14, 2021
June 20, 2021, in the Greeley Tribune
July 7, 2021
July 11, 2021, in the Greeley Tribune
July 16, 2021
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