HomeMy WebLinkAbout20211760.tiff WELD COUNTY
CODE ORDINANCE 2021-11
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of Weld, State of Colorado, that Chapter 8 of the Weld County Code be, and hereby is, repealed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 WORKS
ARTICLE XVI -Vacation of Road Right-of-Way by Board of County Commissioners
Amend Sec. 8-16-20. Vacation procedures.
The Board of County Commissioners may vacate a public road right-of-way by Resolution, if
the Board determines it to be in the County's best interest, or upon application of an interested
landowner submitted to the 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
submitted 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, Sheriff's Office, the fire
district, the ambulance service, emergency responders, neighboring 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 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. 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.
D. The Resolution vacating the public road right-of-way shall be recorded with the County Clerk
and Recorder.
E. 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.
Amend Sec. 8-16-40. Requirements.
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 any 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.
C. No public road right-of-way that borders another county or the boundaries of an incorporated
municipality may be vacated without the Resolution of the Board of County Commissioners
and the consent of the governing body of the other county or municipality.
D. 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.
E. 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 OUNTY, COLORADO
ATTEST: d,,,6414, �C ►%� ,_ Sir
Steve oreno, hair
Weld County Clerk to the Board
Sco . James, Pro-Tem
BY:
Deputy Clerk to the BoardMR"
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Perry L. Buck
APP: D A �e R �' ' Imo, at2 _
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Date of signature: o7/oq /2 pos
First Reading: May 26, 2021
Publication: May 30, 2021, in the Greeley Tribune
Second Reading: June 14, 2021
Publication: June 20, 2021, in the Greeley Tribune
Final Reading: July 7, 2021
Publication: July 11, 2021, in the Greeley Tribune
Effective: July 16, 2021
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Carly Koppes Clerk and Recorde Weld County CO
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