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Home My WebLink About20202958.tiffWELD COUNTY CODE ORDINANCE 2020-16 G IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING Amend Sec. 23-1-90. - Definitions. LEGAL LOT: As used in this Chapter, the term LEGAL LOT shall refer to any of the following: a. A LOT within a HISTRIC TOWNSITE. b. A LOT created prior to September 20, 19617, prior to the adoption of the Official Subdivision Regulations for Weld County, Colorado. c. A LOT created between September 20, 1961, and December 1015, 1992, in compliance with the Official Subdivisin 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 1-015, 1992, and December -1-828, 2000, in compliance with the Weld County Subdivision Ordinance, ordinance N 173, as PAGE 1 2020-2958 ORD2020-16 amended, and in conformance with the bulk requirements and other regulations of he zone district where the LT is located. e. Any T created after December = a °' , 2000, in compliance with Chapter 24 of the Weld County C.de, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. LEGAL LOT may not necessarily be a BU I LDA* LE L Remainder of Section — No change. Amend Sec. 23-3-70. _ Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. A. Minimum LOT size: 1. i-t g- S: eighty----(iQ Th i rty$ 3 ive (35) acres -(or is a- rc hothe . is e re -Gag - h I--ov a 2F-seot-i-o-n >. 2 ay 4 . j 0) acres —(or is—a—Lawri:. r e tb1 i -re c o - --. a q- to s-e-cti- j OTS less than thirty-five (35) acres in size. a. Within a HISTORIC TOWNSI E, as defined in Section 23-1-90 of the Weld County Code as amended; b. Created prior to September 20, 1961, prior to Weld County Subdivision Regulations; c. Created between September 2 1 ' 1 and August 30, 1972, in compliance with the Weld County Subdivision Regulations; d. Created between August 30, 1972 and December 15, 1992, in compliance with the Weld County Subdivision Ordinance; e. Created between December 15, 1992, and December 28, 2000, in compliance with Weld County Subdivision Ordinance 173; or f. Created after December _ 28, 2000, in compliance with Chapter 24 of the Weld County Code. .-- O S- s than eighty CEO)-aGces n size: a� !4h4 n n� -N S lac i n as 2? 1- s� �, . ,�--.- �� , o �m a ��-�A r� � �� _ � , �.� � defined ned �, �: �. �� y �-�-o-�--,�-h-i.� �, e ; R C r&at ar' Yo o- v�p'..i-f jmber 2Q� ' 9 ' E'.� . � o � � � 1.�/ � 'e.,J �4-�+rs+ 3 Y- n t�B' �.+ S� Ss° , d 'ash 4 , 1 se-viti-t-h-tha' o -n�� u bd�-vi s in „-g-u 4at o s; Created -in carr4a -ee _ v J . ' , i--pn- -,' 173; of -3-n a ftGe Q ` 4-Cau t a Qpr -te d in -c 8 a m ua e -w a , -p4 .w 4.__ f 4h-e-•Ne l d C au fl' ' C d,e Remainder of Section — No change. PAGE 2 2020-2958 ORD2020-16 Add ART C v=Ov h, R AY D D S n C S @hyjson 6o ,gricuthmrr1D I Ier�ota��e Over>�Ill�q ��or>o co Seca 23=5=500 Rinciljngs of fact. Located within the A (Agricultura ) /one are pr0 ist is Races and recognized Co res 0 riles listed on the Nationa ution of the Board of Count County as "Aghicatural Heritage Sites." Aghoultura citizens, private coma' ations or by _ no Places ustings recogi because of a that he Aaricu Aot co aural Apo rations. Registe of Commissioners of Vveld Heritage Sites may be owned bypdvate he ati0nal Register of C _ Gistoric Heritage Sites have hist ong card unio ue histor i of agricultu Board of Count generatio ra do significance typical activities having taken o glace thereon. Tie Commissioners finds that Agricu turd s and not be subject to eminent dog uai to acquire rights-of=wav fo owners of the Agriculture P road improve Heritage Sites. nll e nts, p V heritage Sites must be preserved for future roceedings brought by Weld County inte unuess such ace dung uisitions are agreed to by the Sec. 23-5-5110. = PUrnfrosao The purpose and inteit of the Agricu aural C _ Geritage Over ay Distribt shall be to preserve and protect Agricultural I heritage Sites orated it the A (Agricultural) Lore and listed or the uNational ,lister of G-Gistoric Llaces from eminent domainynoceedings brougnt b Weld Count t0 acouire hr t htscof-way for road improvements, u �c AgricL to n Heritage Sites. Sec. 23-,)-520. Hs nless such ace liaC DffhrnenM of Overlay D SStrocto uuisitions are agreed to b\ e owner (s) of There is Inereby esta shed in tre We d Count; A (AgficuGturaall Zone an Agrucuutural Heritage Overlay District. fire Agricultural eritage Overlay District Vic udes all lands which nave been fisted on tre \ atioRegister of C Historic Races because of Their Gong and unique history or agricultural' activities having taloen place trereon and whochave bee- designated as Agrico turd I Geritaage Sites by resoluuuon(s) of the Board of County Commissioners. Sec. 23=5=530. = Jses per AM USC S G era fitted itl��in the y ( ricu tuural) perlifted uses (7PAGC's), or Uses by Specie Heritage Site. 23-5=540. For a property located in t Historic Races to come withhu e A (Agricu he Agricu S ne District as Uses b Right, Accessory Uses Review (USR's) s gall be permitted on an Agriculturaa. turaal) 7one which is lusted on the Nationa Register turd Heritage Overlay Distu ict and Petrel)authorized t take advantage t f dri 'protections dctaHed in Section 23-5=550, Coelow, it must be designated s an ricul ur a ' Merit e Site C�jy resolution of the Board of County Commissi0ners. Sec. 23=5=550O Proiteaions. Agricultural Heritage Sites within the A gricultu ,o ern or cent draw U n ess su real Heritage overlay District sna not be su Nett proceedings tf Weld County to acquire rig.rts-ofway for road irrprovemerts, ch acquisitions are agreed to by the ow[etie r(s) of the Agricu turd I _ Geritage Sites. PAGE 3 2020-2958 ORD2020-16 CHAPTER 24 SUBDIVISIONS Repeal Chapter 24 Subdivisions including Articles I through X and Appendix 24-A through 24-G and Reenact with the following language: e-neraI Pro-v-isi-ans- Sec. 24-1-10. - Title. cation Ordinance 2000 1)r uthority, juris .ib-d - -sion of unincor e -mated land AMthin the County limits by virtue of Title 30, Article 28, C.R.S. an 1-40 of this Chapter shall submit plans to the Planner, t and approval. C. Plans and plats be submit -e �-divide land as defined in Section 24- before such plats may be record and environmental protection, such o-ans and pla and standards as specified in this Chapter. O. The Planner sialt m including copies of al 1 -OF notation h has approv- F. The chief adrn1n subdivisions of Ian -wand for ni' g thei is Chapter tion shall County rovisions of this Chaia G. The Planner shall have the authority and be -required and shall aov-4se-ividers; Cornmissione-rs of all instal -I -Gee, where th s To ensure uniformity to and follow procedures s yin for all subdivisions, n��-reLn ced oners certifying that it wing and evaluating proposed ppications, and the Board of County r m-jzintcrpreted. adequacy of streets, tot sizes and other public improvements. The Planner shall comment tE fr ci-routation, utility services and upon these -items that PAGE 4 2020-2958 ORD2020-16 1. The Boar oreliminar Chapter as s efutur n evaluation of -the proposed subdivision in relation to this an evaluation of its impact on the regarding the subdivision. y to require changes in the J. In reviewing subdivision plans, the Plan-ne-r Commissionors re Chapter 22 of this Code--re-timct. ina,ce 2000..1) Sec. 24-1-30. - Statement of purpose. The purp A. Assisting orderly and ins , B. Promoting the health, safe4 C. Ensuring conformance o E. Encouraging well -plan -Re - and improvement. F. I m-ova-ng i 3 is munici Da im Drovemont 3 G. Safeguarding the -interests -of the -public, the ho-meo an ndards. . Prev- nt, g s nd i nj Lw - .o-m--��-ire J. Preserving agricultural land -and pr of the County. a-ns-anc icing s programs. by priding uniform procedures retained for-agri- ultural uses. e M. Preventing and controlling erosion, sedimentation -and -other pollution of surface —and subsurface water. N. Preventing flood damage to Q. Rea. cov-ered by o{ propeiti-e-s-- -- di$ -re-for u atir- g-buitdin9 flood hazard -overlay district areas, shore!an-d-s, areas PAGE 5 n- 2020-2958 O RD2020-16 P. population. R. Ensuring the one land slides. m (Weld Coun- —C-odification Ordinance 2000-1) For the pur stated in this Section: Access: The place, legal ing f ows pedestrians s owner of a fee owner may authorizes-n-agen 4o sign an application by providing a letter granting power of attorney to the agent. A- fer: A -water -bearing laye- other geologic hazards. e of water a g -s lave safe, aoequaLe-aSi F Lu my . Building Envelope: The two-dimensional space - built on a lot. Buildings defined as an 4gricu tural Exempt Building n Chapter 23 of this Code are exemp requirements Comprehensive Plan: The duly ad is Code. of this C-hapter. of an interest in subdiv which is not m --a , suant to one of the foregoing. e ---es in a vehicular turnaround. e Plan, contained in Easement: A right to use land g uses. 1/454 is upon two or a record d ar persons for specified Evidence: Any maps table, chart, contract or any other document --o -s# y prepared -or es -t to a specific claim or condition, which evidence must be PAGE 6 2020-2958 ORD2020-16 Lain described land prepared in accordance with this Chapter as an instrument for recording of real-estat interests with th-e-- Floodpladn: Any -land are -a --susceptible . ono floodp of an intermediate reg-i-ona' flood. p of -Lots which they were -c -a d re cc rded pricw4 nd created by recording a plat or ts, or parcels and the original parcel from es ll- property within such plat or map, whether or no: amenced or resubdivided b County -- Improvements Agreeme by the B improvements o ooltaiteral for-- rove Engineers Or onstruction of off -site public sed subdivision development. Any such mad in c nfo-rm-a,n-ce with the -well-wel-l-a-s-i-n-oonformance with Sect -owner of a a Local government: Any cou its gover r approval auth-orit-1y t-seq., and the ,e-st in real property -a- n 1� �udesthe ests. empowered urban ro newa-1 � h y — Lot: The basic development uni used divided by any- street. , an area wi hether statutory or home mission or agency thereof having final -- fixed boundaries, used or in:encec structures and/ is open and maintained --by the County. Manufactured home: A s i r my -four (24) feet in width -aid- in -stalled on an engineered permanent -foundation -in compliance with ANSI A-1987, ooe Man-ufactured Homo Install exterior siding and a p1tcfted roof; and is ° r- th-a-a than nine (9) lots. A. YI n ufactu red • mended. under single ownership or control designed por' ion-s-af th-e--al-rea for spaces -for occupied manufactured -o- obile PAGE 7 2020-2958 ORD2020-16 homes. A mobile or manufactured home park proposal shall be submitted and processed according to the pro! II iirements o1 t -he P an-ned Unit Development requirements- subdivisiot. -red home subdivision: An area platted into lots according to th-e— on designed Municipality: An incorporated city or town. N Nonurban scale dcvclopmcnt: Development- c locatec it a subdivisions, municipal bo land useo, or capable of being used, for agricultatea nd agricultural us -e the agricultu years. Ai r -the sale of lots. unty standards. Possible to other PUDs, ses and including public water and septic systems may have a minimum 1 affect or apply to t ize of two and one-half (21/ 1 CD cres per septic ments between the County and municipalities which ace-i-n effect as of May 14, 2001. private driveway for a motor vehicle that is not located on a dedicated street right-of-wsy. On -street parking space: A parking space for a motor vehicle that is located on a dedicated n area of land, — of developmen-t-for a number of dwellingmercibl, educational, recreatiorral or industrial uses, or any combination of the foregoing, the plan for which may not correspond in lot those exprsurve i- reference. as -t Planner The chief administrate' Ring Services. nd, including Preliminary plan: The m -a -p -s -o materials, d evaluation of the proposal prior to detailed engineering and design. pad - PAGE 8 m-is-sioners 2020-2958 ORD2020-16 as a public street, whichi t- - 4inoi-pa-l-m-e-a maintained by the County. land use regulation by a local government. 1 4rem s space -2. rank and -h -toric sites. A public purpose may also include productive agricultural lands; ri-parian-a a -s -and their buffers; wetlands and their buffers; conservation areas; buffer zones or area;- rs; floodways a and re -char conse it 9 or ma a These spaces protection of environmentally sensitive !ands, agricultural practices - corridors. roes- enic viewsheds from public -nd their buffers, ti corridors are areas that may Public sewer Tra con far4h- rea.men., co d--o-r idi n -g -t h -e mernbe s -of -thy nu p, organization, s pith corn -men -sewer service facilities, in wh c4 -sewage is carried from individual lots a system o-p+pe-s- : eatment plant. pose by providing -for -411e - ection or distr.' 0u ion aci i ies whic are n� ugh a municipality, watt r district, n for supplying water for household uses which is designed to meet the minimum requirements of the afe Drinking W t (SDWA), 42 U.S.C. §300f. Public I lots d which meets the requirements of Section 24-7-80.8. c-ecorde ° u any change in a map or d for public u es fi b "riW n,�r�,_ u reran on I I b© ' o loweel--- 7 proved or nage easements, the Reverse frontage: A through l-ot that is not accessible from one (1) of the parallel er e rs e -i-n-g---s-t e s-u;po n _ which--i -f-r o n t s. be -considered a site portion of and dec icated to p-ublic use for street and/or utility pur Doses. Tto pecific deyerr,re su division final plat, resubdivision or minor subdivision ation which has-been subm*te-d-to the County -and has received final Of conditienal Commissioners. No other type of subdivision application shall plan. Sketch plan: The map or maps of a prop materials drawn and submitted in accordance PAGE 9 of this Chapter. 2020-2958 O RD2020-16 acce :of -way or easement providing v--h+cula-r and pedestrian o design -standards and the classification tabte- located at Appendix 24-A of this Chapter. any piece of work actificially built up or composed of parts j-oined toget manner, but not including fa. nnces I lines, cables or distrib uated as temporary or permanent storage units, not safe, not operable or illegal to be use structures in accordance with this definition, itding of -any kind, or requirements set forth in Chapter accordance with the requirements set forth in Chapter 29 of this Code. Subdivider ordeveloper Any person, firm, partne corporal in platting, dev-etopment, promotion, sale or lease of a subdi-v+sion. Subdivision or subdivided land: A condon i-niums, apartments -or any ot-h with substantially the same density, or �r and when els, separate in-teces s -o -r interests in common, unless exempted under the following subsections. Interests shall include any and all interests r he s irface of land b t excli interests. Unless the method of disposition of property is adopted t land shall not apply to any division of land: a. Which crea divided by the acres per interest; of land r land -are, -2. -of each of the b. Which could be created by any court in the State pursuant to the law of eminent domain, by operation of law or by order of any court in this State if the Board of County h pending action by the ce-u opportunity to join as a party in i-ntere,it in such proceeding for the pu: Commissioners does not file an appropriate c. Which - s created -4 a lien, mortgage, deed of trust or any other s -e the la% 4er receipt L or any other interest in an investment entity; a e. Which creates cemetery lots; f. Whi reates- n intore&t4n--oiler minerals or water which is severed fr9m4h-e-surface o -vv- �� L�' PAGE 10 2020-2958 ORD2020-16 g _ wife or-otherarsons in joint tenancy or -as tenants shall be deemed as only one (1) interest; h. Which is created bye-oo b , -tion of contigu I parcel. If the interest in sao acres in l near par-ce l , must re€ of -way sha anc s la De a s-1 e ai uch intere,st land area, only one (1> owec. .ie resulting parcel is greater than thirty-five (35) rea, divided by the number ilt g i-n-ter 1j County -regulations, the ---land whteh the and uire-pursuant to the contra -ti Which —iris created by agreement to resolve uncertainty, dou-bt o- co-n-flict regarding —a -ets mined and permanentl attics affected. The agreement must be signed and a n- wledged by each prope- -owner—as-r-eq-ui-red for eon ie ef- a 1 --estate. The q tion T -,ham- la andagreement shall be recorded as an instrume estate a- h-af-be binding upon heirs, successors and assigns. The Board may, p' ,rs ant to r. le and reg lby or -dingy xempt from this definition of the -ter -ms subdivision -and -subdivided land any division -of land if i --d rm i-n-es---lcha't suci civision is not wituin the purposes of this definition. Supereia vn: The raised portion of highway above -the norma vehicle from assumed speed. Urban scale d proximity to existing PUDs boundaries. All urb syste definition does not affect or apply to these -Coordinated Planning Agreements between the mments exceeding nine (g-) lots -and/or lo -c -Mated in close with corridors and systems of the - ter, sewer eat as of May 14, 2001. Vested property right: The right to undertake -and c property uncle (Weld Co-) County —Cod Q-rd-i-n- ne Subdi-vis4o-n-Process A-RTPC— _ E 1�,- Minor Subdivisi-on PAGE 11 r -a-n-d--use of 2020-2958 ORD2020-16 A bdivision is subject to a kew and--a-pp _ ro -per-c B. The second step is the change of zone process which is found in Section 24-3-40 of this C completed within-ane hundred f C. The4hird step is -the final plat -submittal process an gibed in Section 24-3-50 of this as within ninety (90) days. The processing Steps r- i Ske C Types of Approval Days Plan c`'i e 60 - Change of Zone Board of County Commissioners* 140 Final Board of County - Commissioners Board of County Commissioners Total: 290 * Approvat-type depends on ou ;o minary approval to the Departmem i a;per copies, the applicant shall -Den g Services. The p The Mylar plat and additional requirements shall b date of the Board of C�, , 6a, Commissi errs for payi-n of -the approval of t4 by —the Board of —g =r're a rd I s and t gat the applicant posse C u -C-a ,mi ..signers may egend-the date for PAGE 12 su DC s q-uire the lando ivision las no: oeen abandoned rd the plat. The Board of at If the Board determines 2020-2958 ORD2020-16 of the subdivision cannot be met, the Board may, after --a pub-* Se -c. 2-4 A. _ ion— ces and time parameters. ittal proce is within th-.tee-(3) miles of the subdivision site, or if tf be no public hearings scheduled by the an-admi-Ristrative review by the Plan-n-er. After a and i B The second -step i-s-the _ change -of zone pm After a complete application is receivec, tie c within one hundred forty (140) days The P4a a pUcati-o-n fee. ocess. The e sketch plan are sent -to referr-a4 sched pled by a municipality if it is received, the sketch consulted for this Chapter, of the preliminary plan are for review and comment. A public meeting may municipality if it is within three (3) miles of the subdivision sire or i= _ie suodivision is within ary as defined and adopted agreement. The Planner shall schedule separate public meeti Coordinating Advisory Committee and Planning Commission. The Clerk to the Board shall schedule a public hearing before the Board of County Commissioners. After a —complete i-s--exp-1 i- in -Section -24-4-30 of this -Chapter. D. The fourth step tie fina p a o; -s he Clerk to the Board s before the Board of —County —Commissioners. The final plat review process should oe five -0 -- ays, provided that it complies with the approved -03-03 plat is explained i-n-Section 24 -4 -4 -0 --of this Ch2pter. Pro a sing Steps Sketch Plan Types of Approval Approximate Days - Administrative 'Change of Zone Board of County Commiss-Toners- 140 PAGE 13 2020-2958 ORD2020-16 Preliminary Plan Board of County - Commissioners , -i-n al- Board of County or 60 Commissioners ---45 Total: 335-350 e e E. The applicant shall submit three (3) p per copies of +he plat for prelimi-n--ar y approval to the Department of Planning Service . ,Aoer copies, the applicant shall g with all ether documentation required as conditions of approval. The Mylar plat shall b T P• The Mylar plat and additional requirements shall be recorded within six (6) months from the date of the Board of county com-missio-n-ers reE for paying- een recorded within of the approval of the major subdivision change by before it and present evidence substan sses the w County Commiss-i-oi thin { r�it4 may, after a (Weld County C require the landowner to appear AR oublic hearing, revo-ce proposing a maximum of nine (9) lots t le subdivision. ss for development and review of subdivisions r3oses. T minor su vices. DC ivision process utilizes the minor or a preapplication v or subdivision press s d not be —used to orded subdivision plat adoption of the in cesu-bd-iviston regt+re m-ents shall PAGE 14 d herein controlling subdiv4ons. The ages to a 2020-2958 ORD2020-16 F. other changes red to circumvent this Chapter by using more than one (1) minor subd-i-vision to avoid foil g -4 -he m��^r ub i ion requi{ Chapter when the -result of approval would be to create more than nine (9) minor subdivision lots _ on parcels -under -common owners -hip -within a radius of one thousand three hundred twenty (1,820) feet (1/1 mile) of each other. m -ay, without a he -a -ring or complian-ce with any of the submission, referral or sole purpose of the correction plat is to co -r approved plat-T----The--correction plat sha-I e 111.9 County Code Ordinance 2003-10) Sec. 24 3-20. Sketch plan -- n nnrIln�� eknll �ihr-pit 2000-1; Weld County Code --O if the nnical errors an ppro-ved minor ten proposing %d with the ired numbe !lowing completed information and-rrn-ap.s are required: A. A minor subdivision sketch plan application form. B. A -c-opy of -a deed or legal instrument -u en identifying the applic nt's in-tere-s4--nn the pro”rty G. D. A description of the -type of -p _air consir-der� n If a ho -zed � ent power of attorney to the agent from the property owner shall h --e, fee owner, a 'ision. . , ketch plan drainage r-ep - t--al4 o -e -prepared in compliance with -the -requirements -of Section 24-7-110 of this Chapter. G. A descripta yoe of surface of -all -streets prop0-s-e- brin the minor subdivision. H. Any fleacipi of s-- o- t azard O ca ed ithin the p-roposed mi trict areas identified in A geotechnical report sha I be prepared in compliance w 24-7-216- is Chapter. J. A statement indicating if a potential r K. _ !-exists in the area-etaproposed e au d (2,000) feet, unless ot-he- e -app, PAGE 15 2020-2958 ORD2020-16 (36) inches showing the following -items: 3. All unimproved of proposed public rights -of -way within five h dyed (500) feet of the 4 of the proposed minor subdivision. 5. Title, scale, no; hind date. n --five bu nd-re (500)et Jill be acceptable in large acreage subdivisions, c -ar-ky leg+b-4e and approved by the Planner. The dimensions of the sketch plan map shall be twe sheet -,:a showing the total subdivision shall also be submitted at ---an appropriat scale If �r,i i�+ h� ate ;i-n-g the relationship of the individual sheets shall be provided. The minor subdivision sketch plan m -a 1e of the minor subdivision, township, range, section, 2. _ a as the United —States Geological Survey (USGS) maps. Soil ty I I II a descript by the Natural Resource Conservati-on Service. 5. Floodpiain and geologic hazard areas, existing stru streams, lake application. N. A cal epartment of r su bd i r -n-s--1 et-Gh plan ty Treasurer showing no delinguen- e -s o th-e a Refer -Fed to in he application materials. O. Provide evidence that the surface owner has attempted to c a -s associated with the site. (Weld County Code g-reli-na ce 2001-1; Weld Cou Ced- VS PAGE 16 I 2020-2958 ORD2020-16 shall be responsible for proce unincorporated area J.e eiew procedure. a-slce-t fanning Services. Th :ment of Planning Services shall also have the application. Once a complete application is submitted, the Planner shall: A. I to appropriate rear -r -al a encie�su comment. The -a -g the application by Services. The r %t Planning Services may consider all such-r-ev ea-n o m m ents and m-a-y-sc-h cit, adc informatio Ii B. Schedule a meeting with the appliean4-after a complete application h The p orrrn� the moo ns will be to advise the d-uri ham -rte„ �,^, opt e-mr subdiviskon sket and issues raised by referral ag-ci-es, and revie ub I1ionat s! witting a minor subeivisio-n change of zone application. ID including: 1. _ a. the futurr or compatibility of the proposed minor subdivision with the existing or future :ed by the existing zoning and with A-nt as projected -by chapter 22, and the Comprehensive Plan Commen-ts-Feceived comments rece -te. Code -Ordinance 2008 8) Sec. 2'1 3-40. Change of zone. An applh -nt-s-h an-cies. of -zone a Tie --P l -a -n fee. . ce Ordinance 2003-10) Sec. 24-3-50. -- F inn a I plat. PAGE 17 procedures suited for the 2020-2958 ORD2020-16 A,n aoplicant shall submit a complete minor subdivision final plat application with the required number -of a -p plicat-i rained by the Planner. The following information shall be A. A minor subdivision final plat application form provided by the Planner. attorney license, to -practice in the State. The commitr nts, liens, easements, cont, c� ail nts of record in the I commitment discloses additional holders or owners of such mortgages, judgments, liens, agreements, not ent or opinion subdivision. -D. A summary of any concerns identified during t application pro and Serve is resp-ons We fter— fining ,A het maj' - except that when more than a year has elapsed since tie sketch plan comments, a resubmittal of a new skerequired prior to submittal of an application far a ;vices tha ressed or to the s$an-dards min0E s- a lance with Section 24-68 102.5, • E. The total number o F. A description of the minor subdivision school bus and a - peas, roe. arrangement. H. _ open space or park within the proposed minor subdivision. to --land for schools, roads, parks or other public purpose -sat ,!!,c width, •th of road surface, curb of intent from the appropriate pub#c agency stati-ng it will accept the lands to be dedicated. sufficient quality, qu-antity and depe subdivision, including fire protect -t to the following: evidence of ownor a _p -c- ai-m- dater rig available to serve the proposed minor its; amenability of ex PAGE 18 II not be limited 2020-2958 ORD2020-16 irrigation ditch and evid use within the -miner subdi-vision and feasibility of exte and e- ere subdivision. If N e. �n+chili+„ of +he water �, pply for +h proposed minor Bupplied by a water distr;oti-m-unisi-per-! :,.�-or other agency, a 0 e -s -t -me of the total number ley or the suita contract or other to oe age e Lem. The description shall include an ons per -d -a y of sewage- to --b 3 sai4tLpub forma 1 u -a ce sewag sewer squired. A copy of -a -bi-c L. Copies of any covenants, grants of easement and restrictions imposed upon any land, buildings and M. A copy of a Colorado Departs within the prop sed-mi b� r opy of an agreement -aged by the Ica -wand representativeet--the easement or dedicated right-of-way when it is contiguous to an easement -or right -of -way -of -t- o d-mi-nor subdivision. P. A -proposed _ subdivision ! policy Q. mpc applicant -h rsemn-en- -h- ! be mad? Chapter, as well as in and a -rd s in Appendix 12-A. he applicant on forms ace with Section 12-5-10 et ppendix 12 A. A minor subdivision final plat dra a pc shall be prepared in commence with the estate within five hu- from a tit of the Cou (30) day -s ---of the applicati supplying failur urisdiction-al-defest in tie hearing pr-ocess, even if such error results in the e Garden. if the list PAGE 19 eive such notification. the corresponding par e source ved from such records or from the records n the records of the in thirty 2020-2958 ORD2020-16 Section 24-65.5-103(1), C.R.S. W }nor subdivision a. C '.R.S., if applicable. Such ate of the initial public hearing perm -a stable polyester sheet such as cronar, Myla (3) millimeters -g i (24) t subrn-iLted shall contain any form of stick -on type material su "sticky -back" or adhesive of one (1) inch equals one hundred (100) feet. our '< on a dimensionally a 4. i at a scale s and seals; be three (3) millimeters made with nonfadi-ng permanent black ink. 3. REPEALED. 2003-10) 5 AL 51 1/41 -7-a-rn-a-p-s-nrovAnies d 38-53-104, G.R.S. of the Stat 4 -Land n for Professional Engineers and Professional Land Surveyors - Board Policy -Statements." 7. The minor subdivision plat shall be public land survey Tke s with all applicable rules, regulations and laws of the State of Colorado, State Board of Registration for T -n -e surveyor me, ure o Professional Engineers and Professional Lanc 10. The basis of aced scale and g-raphic scale. 11. The bearings, distance by an R urveyors." :nfr e, PAGE 20 dimensions. When the or a body of water, the bean s a -Rd ORD2020-16 ander traverse shall be given -and a notation made -that the water's edge or oth rwise. s shall be given for all -all be indicated. All lot dia-resin shall be shown to hundredths of a foot and angular dimensions and bearings to seconds of arc. 14. Cured boundaries and central angle, chord di - 15. Any parcel that is excepted from the minor subdi-visio-n shall be marked, "not included in this r, i n -o- -su bd-i s-i-o-n-4-- -boa n -d e�1- 1. All streets shall b4 names shall be shown. `i 7 . nal-p t -shall include the radius of curve, I, nnsions. All street 1-8. The location of easements along lot lines for water, sewer, electric, gas, telephone i4ad-i-vis&on. Utility shall contain an b a s -off t -ho minor subdivision shall be -accounted for either ormation requid on a P e cer₹ificates and seals oca.ec a: on the minor subdivision final-- l -at. P -re! ny sign requiring zoning --0 praperty lines shall be-ind-i-cated . V. An—ec0-on control p requirement. a-q-ue set in its location. Such plaque the be placed or all seals to be placed sion sketch plan V/. Minor subdivision . ts--shall accorpany th-e-road plan. All road plan information shall be complete and sufficient for review by the Directo-r of Public Works. PAGE 21 owing —no --delinquent taxes for —the -miner 2020-2958 ORD2020-16 3. _ D Y. A -title commitment or a title opinion covering all public dedications. Z. A warranty deed, if r AA. An affidavi the property being consic ore issued by a tite- incur T in the State, 'nd shall be current as of a date not c ate the 333 'cation is suomitted to .he Department of Planning Services. be used for owners of the minor subdivision. es and addresses o (Weld County Codification Ordinance County Code Or t -o practice 5-) s-s-i-ng and review procedure. Any person wanting to apply for a minor subdivision fin Rhanning Services shal ocessing all minor s-ubdivision--fice'ialat applications ication is submitted: a -n -d -comment. The agencies shall respond withi (28) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the County are in -:ended t L ays after the mailing additional informat4 ILs r Hers. :s and may solicit views and all aspects of the application, including: 1. Compliance with this Cha the proposed use is located and any adopted in-tec master plans of affected municipalities. Comments-ree. eferral agencies-- i-ct in which n —or the mineral estate-- be given legal notice and posting, concurrent with setting -n—h ring date and in accordance with PAGE 22 2020-2958 ORD2020-16 after the PI i Corn D. An ;n applicant mai communication bet committee edule a hearing before th F. Th-e-Pl n-ner shall give notice -of -he--proposed m. within fi, be mailed, first-class, not less than ten (10) days before the scheduled neighbors. Cornm-issi-oners hearing p-rocess, even if such error r to recei-v-e-s-uch-notffication. The PI t-ofT�a place on the property and a second sign shall be posted imersecct licly mail shall certify that the sign evickei 1 e County County i-n the ne-r 9 or a minor subdivision visible from a publicly maintained 1. The assigned application number. F) -s-preceding t show the following information: e -public hearing. 3. The phone nummder and --location of the Department of-Rann-i - -ervices. J . The as The acreage of the parc 6. The -number o Iots requested. canc- publication of notices. The d -1 hearing. I —T� Pl nning Commission by the Bog -ars for -I' be at least ten (10) day -s prior to the ng to consider the minor subdivision County Commissioners concerning the minor subdivis one that the standards of Paragraphs 1. through 16. applican belo�,-are met. The a all demon -state: PAGE 23 monstra 2020-2958 ORD2020-16 (9) lots. 1. Compliance with this Chapter, Chapter 23 of this Code, the zone district in which the propo -e-se4s i--dopted-intergovom e n -s-o-r master plans of affected municipalities. 2 3. That provisions have been made for a public water s S 1 7 4 u ra-P-and-- dater for the minor subdivision, including fire protector. 4. That, if a public sewage disposal system is proposed, provision has been made for the -system and, if other methods of se -w -a -g -e disposal are proposed, evide-nce that such systems will comply wth state and local la._s and regulations which are in e fec: a: tie time of submission of the minor subdivision. by the subdivider and that the propose such conditions. 6. That s t width and stru Chapter. J bd-i •ras-re-com pati b!e with e-i-n-fu-netional classification, 7. That off site street or highway facilities providing access to the proposed mino subdi- i e -Y e adequate in functiand structural capacity to meet the --t :ion, maintenance, snob or affecting time road a ivis--;on are the sole Ho us with --a pr, s }-r& c o-ed e will be no on-stirre-st-packing permitted within the minor nd egress to all lots within th'e internal road circulation system. ion will be to an a -ter manage e -- adequate. 16. That the sul ha PAGE 24 and police p - V 2020-2958 ORD2020A16 J The Planne the-inf official recommendation Commission and !nty final Commissioners hearing date -not more th-an--t Crnrn i s s i o n -re cony m n s u one i-t L. The -Q te- Lta-t and the B 4O, ing date to those persons listed p-arce uncer consideration. The notification shall be mailed, first-class, not less than ten sch e� public hearing. Inadvertent suppthe Depar m- a n n rvices in- -s -ems 11 not create fact in the hearing pFocess, even i- suci error results in the failure of a surrounding property owner to recei�Lun►-tification. M. The Planner shall post a sign on the property under subdivision final plat. The sig-r maintained road right-of-way. In the eve- he -property UrP adjacent to a publicly mainta p pei nd visible from a publicly ration i-on is not and a second sign shall be -posted where —a y. The (10) days preceding -the hearing date, evidenced with a photograph. Thy the following information: . 1. The assigned application number. 2. The dale O public hearing. The -phone nurnbor and location -moo Departmen'L Planning Services. 5. The of lots - reel under consideratiop N. The Clerk to ---he Board shall arrange for legal notice of the Board of County Commissioners hearing pu' Commissioners publication of notices ---The d-afe-of publication shall be at -le-a--st-ter (10) days prior to the hearing application and to take fin olat application, the of the Planning Commission, the facts presented at LI standards of t-a✓s the burden of proof PAGE 25 a decision on the minor--ubdivision final e information whether the ugh 15 below have standards of 2020-2958 ORD2020-16 P thc-proposed use is bated and any adopted intor 2 That provisions have -een made to preserve prime agricultural lands. 3 _ A merits -or including fire protection. That, if a public sewage disposes rovide water for the minor subdivision, the system and, if other methods of sewage disp-o-s vidence that ws and regulations which are in effect at the time of submission of the minor subdivision. 5. That all areas -et the minor subdivision which may involve soil or topographical 4-e been identified by the subdivider and thata proposed uses of these areas are -compatible with such conditions. 6. That streets -within 6 _ Ch -, fier. u J. a i #- -n-cti affic requirements of the minor dendeces 2/9 D and 2/1 to Q c minor su-b 1-i-vision are adequate in notion � classi icabo , width and structural capacity to meet the traffic requirements of the minor subdivision. v -a1 d t-ers4 pertain _ in responsibility of the landowners within the minor subdivision. 9. That th I uous with -a p-reviously recorded 10. T -hat there will be -no -an -street parking permagel-w -t m-i-n-sar-subd -or . internal road circulation system. 13. That fa ilities providing —d rain the minor subdivision. 141. That tr-e (9) lots. 15. That the-m-i facal-g-e ion will be to an i e minor subdivision -w ill not exceec - �e t cause an un-re-asonabi-e-bu- ^ the -resolution will be kep sar PAGE 26 and a copy f nner shall record 2020-2958 ORD2020-16 plat and order the ran and Recorder. Q Agreemetn-, R.e !e for recording Standards in Appendix 12-A. County Code Ordinance 2003-10; WCounty Code -Ordinance 2007-i nance 2008-8; Weld County C Sec. 24-3-70. - Failure to record a minor subdivision plat. e (1) year of the date of the ap rova! of the the Board of C the Boaro may require the landowner to appear before it and pre that them sub ision final plat has not been abandonec and that the app - of County Commissioners may - the Board determines that conditions suppo#-i-ng the E rec original approval of the P• ating (Weld County Code Ordina S m-mence minor If no construction has beg years of the date o Commissioners~ma ) the Board of County and present evidence willingness and ability to continue the minor sub may req- L r the 4 o demonstrate that the -minor su-lac3 the minor subdivision _ if of that the landowner cannot implement the m-ino-r=- The Board may, after a publi aated (Weld County Code Ordinance 2000-8 ) Sec. 24-3 90. - Fa-i-re to c o m The Board of Coun u-pon the owne-cam or res-i he! -d by the Board of County Commissioners with4n«i-f ee9n :R t n- ace 0 PAGE 27 (isi-en final plan. „c or subdi-vision setting forth that the organization has lat. Said notice shall include a demand that 30) days thereof. A hearing shall be ance of such r - 2020-2958 ORD2020-10 Commissioners may modify the �:- = - extension -of time within which they shall be rectifies a. (Weld County Code Ordinance 2009-8 ) ART4C-LE IV - j- u b i s- s- ec. 24-4-10. Sketch plans. canfe-ran r ng to apply for a major subdivision shall -arrange f A. An applicant shall submit a complete sketch plan a -p 'tcation with the of application copi application copies shall be determined by the Planner. r ired number of property un- owner, a power o5 attorney -to the age -n -t from- 3. A description of the type of uses proposed for the subdivision. A description of the type -of -w 5. A desco ip41on the t fT� �n the 6. A ketrteh pla -d rr�- age reran T ham_ of Section 24-7-110 of this Chapter. 7. 8. _ this -Chapter. ,hall be provided. subdivision. ompliance with the requirements and sidewalks proposed \rticle VII of apter 23 of this Code. 10. A statement indicating the existence of a potent'; the proposed subdivision. (1) or more sheet inches showing the following items: a. The roved by the Planner, composed of one wenty4o u r424y-t b. The existing street and highway systems within five hundred (500) feet of the boundaries of the proposed subdivision. PAGE 28 2020-2958 ORD2020-16 review. Tit e, sca e, nor subdivisions, provided that the map i learly legible _ and -approved by-th-e-PL-q-n-neE sketch plan map shall be twent- rp shall include the 1 arrow, name o f-bfo-c--ks, lots, outlets, roads, ccesse space scaled 4o the such as the United-Stat c. All uni of -the _ boundaries of the -pc e. _ feet -of the proposed subdivision. and date. 4-2. A sketch plan map shad be o r -a r- t - a scale of -not less than one -(1 c d. Soil types by ooundary, a �� prepared by the Natural Resource Conservation Service. a Floodplain and geologic hazard-are-a-s� existing str-as,ditches, streams, lakes, drainage ways, vegetative cover, oil and gas production d o -r abandoned oil and gas wells and any other structure or feature located within the proposed subdivision. ie suDoivision, township, range, section, and open awn from -available data, al -Survey (USGS) maps. 00 Department a application. 13. Provide evidence that the surfa-c neiarese-nR Tied s that will _ aid in the -review of the sketc-h plan of minerals and St -ketch plan processing and -review procedur pplications in Department of Planning -Services shall niso have to app ication suDrrit:al requirements complete application is- u-b-rAted, the Dant of Planning Services sh-a -with the site. e sketch plan applica-ti 2 Schedule a m-�n-g- su-bmifted. The purpol e -referral agencies for will severed during the review of the sketch plan appl PAGE 29 2020-2958 ORD2020-16 comments any procedure 11 —be compto preliminary plan application. (Weld untOrdinance 2001-1; Weld Count ode-Ofd--n-ance 2003 Code Ordinance 2007-1) Sec. 24-4-30. - Prelimina lan— conference with the Department of P,. major sub-d-i ng proved s in ted for the correct r-a-preapplication the required number of application copi-es and app ication fee to the Planner. The required number of application copies shall be determined by the Planner. The following information s -h 1. A pre!: 2. _ .d b- ctice AnA t or opinion shall set forth the ri mes of all owners of prop s°-- T- Tnmi ent o-r-o-p-inion-s-ha I include a list of ents, liens, easements, contracts and agreements of record in t i plication. If the or title commitment discloses additional holders or owie rs o¢ sLch party to the 4 Y : an application. approve it. om the County Treasurer showin 4. On a sep form, the following information is required: as for the Ian application b. A summary of any concerns identified d-uri-ng the minor subdivision sketch plan i-re s s e c i rc a or providing ev comments. The Decaa-a whether a major change exists, excel PAGE 30 nd conditions outlined in sketch plan Services is responsible for determine --rig r1 2020-2958 ORD2020-16 rn-ay-be-required prier submittal of an a IIII G.R.S., shall be the application for the c. The total number of lots proposed. t-Gh plan for the site mine -r subdivision, and h Section 24-68-102.5, et seq., a i c,r 'Ipfllln of the s1 ]f'lfil\/!scirc la system inch dir i oad wid o i o tt �r-d �� , i t-�r��r -v �t, 5 -Pe surface, width and depth of borrow ditches, curb f g A staterm�� fescribing the ownership, function and maintenance of any school site, open space or park within the proposed subdivision. A description of the props total gallons of water per day required for domestic use and emergency fire protection — adequate water -service in terms of quality, quari #y —and dependabMity--is evidence may include, but {nership or use of exist and propose ester rights; historic use an -d -estimates ld of claimed water shall not be limited to the or private water s of extending servi-ces shall b subdivision. estimate of --t biochemica wage in terms r -d -a -y a disposal, if public se e-pou-nds-of gallons -per day of or means of f this Code . ?onstruGtion costs related to the proposed srubdi fnclude out not be -limited to the following: 1) Streets a 3) Ot—h u i- i and -i-nfrastn Lure as -may -be required. j. A list of all municipal or quasi -municipal entitie', public utilities and water service providers 4o a it-hin " ed-�, . -eft-he--pr s dl �bdivision. PAGE 31 2020-2958 ORD2020-16 6 _ oil shall also in tons for mitigating impacts affecting the proposed subdivision, if applicable. The report suitability of ---soils to support proposed uses. The repel qual water II charact plan -ac .cation. 6. A list of any -c opt' of the repo unstable soils and any other itirr nt of Survey. The Colorado Geological Survey Sr, buildings and -structures w+fh the pro the names, addresses and the corresponding parcel identification on any land, Ru-mbers assigned by -the County- Assessor to the owners o' source of such list shall be from the records at up. ate from a title or abstract company o from the records of the Count the records of the County ce ation. The ded from such records or the applicant shall ssi-ors date. Such certification mar tP i n Sectinn 2 65 F_ a 7 reouirements. 3, C.R.S., if applicat r r-ef -rte a. The dimnsions of the vicinity map shall be twenty-four (24) inches by thirty C. unless other sufficient cause for its rejection. b. The followin-g information shall be sh©Nh A poorly drawn o existing and p subdivision. feetT feet of- -the-per-inx .+-� f +he propose�� subdivision. 3) The perimeter outline and identification of subdivisions, zone districts and any special districts within five hundII 0) eat of the perimeter of -the proposed subdivision. a. The dimensions of the plat map shall be drawn on a sheet twenty-four (24) inches by thirty-six ale ion from this scale a PAGE 32 a 2020-2958 ORD2020-16 is allow develops i�ion requires sheets are used, a key showing the r ionship of t -I e--i-ndivid b. The follow gible map is sufficient cause for its rejection. o 4h -e prelirni-n-ary plan plat map. 1) The basis of bearings, n of the proposed subdivision. 2) Loss and blocks shall be numbered consecutively. Lot dimensions shall be scalecHto _ the neap -e The are -a -of -each lot III I be sh seat 4a -yo u t for -the s u-bd-i- i-s-i-e-- ?- -t-r 4) Th-e-la-you-t-€ dashed line. 5 esu DC ivision s the area n-amed. De shown in a at five-foot intervals- or predomina grade. Contours at one -foot intervals if the preda level. Elevations sha data. 6) The--io-c proposed gas and t us map. The —block —shall identify ercent (5%) xisting and eciric, :o, irrigation municipality intended to service the subdivision. The block shall include: ny. b)- —A-d-ated signature and stater i 4$r 4h e reeti ve— &the -utility ing g one of the foil-o\d-vi-n g (1) See (2) Service i- 7 ( -) Service is not available for the subdivision. 11. A drainage report Si ha pte r. 4ons. ancients of 1. The Planner s --hall be respons4b1e for processing ail preliminary -p an-a-p-plic--a - s in PAGE 33 2020-2958 ORD2020-16 a. The Planner sh-all n for review an s -shall respon- t - twenty-eight (28) -respo propose ac C Ilona informa ion i SUc 1 in uch reviews anc o rrnon is -d Board of County comments and may solicit re -views ns to the pprove or a n4y 1) The planning co w pose oounc eferral agencies include: aries are within a three-mile reliminary plan -or if the oarcel under consideration for adopted in any approved intergovernmental agreement. Department of -a4--environment. 7) Colorado 8} Colorado nsp-oration. 10) Colorado State Oil and Gas Conse-Rfation Commission. 11) U.S. Army Corps of Engineers. 12) U.S. Soil- s-ervation Se -vine. under consideration. 16) Any other agencies or in4ividuals whoe-revie A, t �Rn r, e ---Planning Commission or the Board of County Commissioners deems necessary. PAGE 34 2020-2958 ORD2020-16 b. The Planner shall prepare a recommendation for use by the Planning Commission addressing -al approval. 2) Comments received from r 3) Comments -received from surround' essees o= miners es:a:e. 4)omp-a-tibirrt of the proposed minor s -u deve me -n4 and with t' Gompr-en-e-n-sive Plan or Master Pla- c-:----Se-t a Planning Commission hearing date,---f-he Board public hearing m accordance with this Section. Oth a e existing or future the existing zoning ioners posting, ,mission hearing date and in oard of County ---mom m ne-r-s d. An op-pk-ia-nt-m-conduct a Neighborhood Meeting with area 1 mewired, but may -be suggestec by the Panning Services staff twee e. �e annersia sciecu e a sear-i-ng before the Utilities Advisory Coordinating Committee. This hearing will be h f. The, Planner- ll g ve n Lice of the application for a preliminary plan and the p n meeting. application as owner parcel under consi-c-,- than ten (10) days before the scheduled public hearing. The Planner shall port -,a sign on the p-ro-pe4y under consideration of a -major sign shall b maintains E-ach-s-i-g-n t of the ass not less sign shall be posted adjacent to and visible from a oac right-of-way. In the event the -property under wined road right-of-way, one (1) where a d-ri-vewa v, ng nfocm tIo-P-- bl� 2) The -d ante;: -e -and place of the -public h ea-ri-ng . 3) The p -h -e -n e-, m b d -location of the -De pa-rtme nt of P la -n n i n g Services. 4)----The-apiakants--n-ame. PAGE 35 2020-2958 ORD2020-16 5) The acreage of the parcel under con -side -ration. 6) The type of request. to be published in the -n --a es i g n ate -d —b -y the Board of County Commissioners for publication of notices. The datmoo licati ha at least ten (10) days prior to the hearing. ferral agencies, when applicable, for review and comment. The agencies shall respond within twenty-eight (28) days by the County. The fa far agenc -o respond within twenty-eight (28) days may the Cou fo-vmation—about the proposed preliminary plan. The Planning Commission and Board of County d comments and may solicit acc sews ority and responsibility for making the decision to approve or deny the request for a prelimi Corn - 1) The planning commission or governi;ng- whose boundaries are within a three-mile radius of the parcel under consideration for a preliminary pan -ear if the par- ;-fie- ^ns4de at1on nor County adopted in any approve 3) Department of Public Works. 6) County Extension Office. Colorado Geai-eg+c-a-I Survey. ftLot 8.8./! Division-� sae sources. 12) U.S. Soil Conservation Service. 13) Thy 14) The appropriate fire district. PAGE 36 2020-2958 ORD2020-16 15) Any irrigation ditch company with facilities on or adja under consideration. -�h�` Planner c aim approval. _2) ents--rece 3-) Comments Ia,�cca�� n� fPr�ca mw� dev epment of th for review and ng or future -as-as-permitted by the existing -zoning apter 22, and the palities and Comprehensive Plan or Master Plan of affe intergovernmental agreements. k. The Planning Com Bonn shall-hotd a meeting -to cons er the application. The Planning Commission-s-hc-am-rnsndation to the Board of The the burden -of -proof to met. Th- ap- 1) That the proposed subcivision is oca:ec win an uroan growth boundary area as I:gove-rnmen a1 agreement, or as defined in Chapter 22 of this Code; 2) Complia development of the s and with f t ire ��,�I�en s projected oy Chapter 22, and the a Com-pre iensive Plan or Maste Plan of a-ffeeted municipalities and i,governmental agreements. 3) T h -a t corn r -e n -t s- rep--ei v e d f m -re evra I a geneies-have-br een-ail _ d r applicable. ndards of S -. That defDni rovision ha z' -n terms of quantity, de That, if a :he following: existing or future hat is sufficient to provide -water for the rovision has been age disposal are proposes ;evidence that -such systems wifl- w14h -state and - and regulations which ape in-effect--at-the time of submison- subdivision. PAGE 37 2020-2958 ORD2020-16 width and structural -capacity to mee-h accordance ` ith the reautrTr�rr�l t mat fi 7) Th subdivision in 8) That facilities providing drainage and adequate. 9) That the sAli of local governments or districts to provide fire and police protection, 1-0-) _ air pollution violations based on Colorado Department of Health tandards. rd the official recommendatic 3. The Clerk to the Board shall: a. Set a Board public hearing to take place -w+ ,e Planning Co i ion recommendatio preliminary-pfan application. I C. idlife and n-d-h-istorical sites. Bard for publication of notices. The date of -publication shall to those persons 1_i -shad in the application as owners of pr five hundred (500) feet of the parcel under consideration. The motifi-cation shall be mailed first class not hearing. action at the public hearing and Planner's case fi e. T he in-orma₹ion contained in a- application, the Board ;!efl, 4e -facts presented 1e re ocd. le applicant has the burden of proof to show that the standards of Subsections a throug following: PAGE 38 T-,' e applicant sh-- i--demonrs to the 2020-2958 ORD2020-16 ision is mated within an urban growth boundary area L 13 . agreement, c -c -as b. Compliance with this Chapter, Chapter 23 of this -Code, the zone district in which the proposed s �-ate , and any adopted intergovernmental a-g-geements-or master to -I- n4G am es. -comments received from re applicable. d. That definite provision has been made for a public supply that is sufficient in t for the subdivision, e _ f J aye —been a-d-d-r-e-ssed, if se e disposal —are proposed, evidence that such systems will comply with sta-t are in effect at the time of submission of -the subdivision. That _ s Mel subdivision-4n--accordan Ch-ae er. ree s wi hin t t -r ffic requirement -s h. That facilities providing drainage andstor-m ate -gin su acivision are adecu the-requ and regulations which assificatio- `-, le -1/2/41 -of this re-a-dequate the subdivi-s-ion will -not cause -an unreasonable burden on -T, ay -of -local I ., J waste disposal and other services, - j. That -the subdivision will not cause -air--pollution violations based an Colorad+ -Department of I k. That the subd -lion conforms to the subdivision design o !e -VW. ue acverse e ect on wi The Board of County Commiss action anc a copy of tie resolution will be kept in the fi-4e- (Weld County Code Ordinance An i-c- a or of ap 1 c V an -d �In a - its d its 7 te major subdivision final plat mirth the PAGE 39 to the P-lan--nner. The required num-b-er- 2020-2958 ORD2020-16 of application copies shall be determined by the Planner. The followin submitted as part of -a -ti -e A. A final plat application form pro B. _ be identified. County affecting commitment .. r agreements, not party-te= opinion-sh-all-be completed within thirty (30) day-; o the- final plat is required: 2. A sumary of any—co-nce-ms identified curing 3. The total number of lots proposed. r _ 7 ounty fitment or pplication submission date. the following information ecl or resolved. m, including sidewalk width, road 7 -width and depth A -statement indicating if on street parking will be per - subdivision. 6. Astatement describing the ownership, functkd open space -or park within -the prop-o&ed subdivston. 7. If -the -applicant 9-s f any school site, ther public purposes, 9. A water supply resource report. The report will contain written evidence that a water su-pialiL-of sufficient qua following: evidence of own .,';mobility will be avail -able to serve the a limited to, the ter rights; historic use and rights to a change in private water s ability of the water supply for the pr PAGE 40 2020-2958 ORD2020-16 10. A - tract or some tangible guarantee providing for a common water supply if water is reared -to be supplied by a \,municipality or other agency. 11. A description of the e�s-tma t -e sewer 84. -Get gallon: 1-2. A -cop 9f -,a, treatment by a public sewage treatment agencx required. will be met. \J I -for adequate sewage rated by public wage tr-atment is recommendations of the Colorado Geological Survey 14. A list of any covenants, grants of eases Land, buildings and structures within the propo: 1-5. --A- nte partment of Transpo copy of an agreem d --itch as provi easement or right---o-f- way of the A -proposed sub agreement forms are provid a-lo-rd-a-nce with the County policy on coalstera! ts, as well as in conformance with Section 12-5-10 et seq., and the Engineering and Construction °J. aon any ntative 10 of this Chapter. tad -the applicant. The The agreement shall be in accordance with Section 24-9-2 of this Chapter, as well A.th Section _5 - --0 ac., and the Engineering and 20. A —drainage report shall be prepay Section€ ?-4 -and 24-7-130 of this Chapter. 21. An -erosion control _ report -may be -c Rublic Works. a -roe--- -t -the requi-r-e-meqSof Ftrasn - 22. Subdi-vision- crad plan° cal engineer licensed to work in the s-i-g -atu re and s e the following m+nimum data: Stet a. Plans-an-d-pr-ofile-s-off-all-reads to be improved. A typical cross-section of applicable roa PAGE 41 .nd bridges. 2020-2958 ORD2020-16 c. Typical road section, including resuits-and computations. e. pavement design supported by soil reports, test f. Any additional information required by the Department of Public Works. referrec 24. Ati' 25. A v for sh-e-benefit of the public or owners and future toint aco 'cation materia s ant or a title opinionrco-ve4rg a -I -I public-GI-fedi-cations. D. A certified list of the as --s• - -by he Co eypropert shall be from the records of the County Assessor, or an ownership update from a title ab-s-Bract company or attor •rents of Chapter 23, Article IV, the surface estate within o e application assembled within thirty (3C) days certification may be submitted on the date of the initial -p Section 24.65.5-103(1), C.R.S. F. Final plat map requirements. 1. The plat shall be delineated En nonfading permanent black ink on a dimensionally stable polyester sheet, such as Crona f twen-ty--few (24) inches in height by thirty-six (36) inches in width. No final plat submitted shalt contain any form of stic -on type material such as, but not limited rcopy 01 diazo-sensitized Myl (3) millimeters or greater i-n th-i-ckness, may be submitted. 3 The plat s' meet the following criteria -bear original signatures and sea be heat such as Cronar or Mylar or other d all I, ink. Lt. -if a subdivision requir vo (2) sheetmanMao-s PAGE 42 elationship 2020-2958 ORD2020-16 5. AU work shall comply with the requiremer s S1- i- and 38-53_1044. C. . 6. AU work Statements." 7. The subdivisi MOP 8. A s-ig-ned cop r requirements of the "Bylaws and R ion for Prof-' s-iSo n a -1 Land S u r referenced to at least two (2) public land survey pion 38-53-102(7), C.R.S. Corners" will be submitted with the final plat in accordance with —Section 38 53- 102(2), C.R. Corner" indicated on the final plat i� 9. T--h---surveyor making --a pia rules, reg-u Professions certification plat h -ate n f o r m s with a! l-app-i-i b l -e t --e, the State Board of Registration --for 10. The surveyor shall affix his or her name, seal and date of certification as prescribed in the "Bylaws and Rules of Procedure of the State Board of Registration for Rrefessional Engineers G. The final scale and graphic scale. 2. The bearin-g-s, distances and curve data of all indicated outs plat is bounded by an irregu thst plat include: creage, total ones shall be When the ar shore line or a body of water, the bearings and 3. L--o- mbered conse a iti y--ven for all lot lines, except for interior lot lines where the bearings and lengths are Imes. Lengths shall be shown to hundredths o -f bearings to seconds of arc--7--- The area of each lot shall be shown in squ-a--re Cunied boundaries -and -a' r s on the th c s nt a-l-ante,-oho-rd-d1s-ta nce and bearing PAGE 43 2020-2958 ORD2020-16 6 ai this subd-ivisio-n." The boundaries of an —ex— 7 Al s densions. 8. An easements 1 V e not parallel to mensions. 9 The location of e IA sion shall be l -h --I be identified by signated ano and any other— tili ies Anilthhin he propos � and—any to meet requirements of this Chapter. 10. A utility ser is RI ask s -h -a l -appear on the -final plat map. The block shall �rict or municipality intended to provide service to the proposed subdivision. The block shall include: b. A dated signa-tu-re-an indicating -o -n 1) Service is available. 2) Service is available, subject to the following speSc conditions— le fe e- op ,d iv�s�9n 11. The final plat or resubdivision plat shall show the location of any plugged or abandoned oil and gas well. The well shall be permanently marked by c, brass Conservation Comm -fission. 13. If a final plat is revised, a copy of the original final plat shall be provided for comparison purposes. 1 -5 -the location -of p -prt} tines shall be indicated. property being co y a ins Irance compare„ c- s d +n practice in the S4 -at -e, and shall be current as of a date not more than thirty (30) days prior to the date ‘hi .: nning Services. it-ficates and s aals located place PAGE 44 2020-2958 ORD2020-16 (Weld County Codification Ordinance 2000-1; Weld County Code Weld C-ounty Code Offer 3-x-0; wed d -C o Linty -Code Ordinance 20f:6 2; Weld County C od-e- Ord-n-c n -ty-cde9-rd-i n-a-nce 0-8-- ; m- d COLT- 2009- , 8 ; Weld County Code Ordinance 2016 5 ) a iew procedure. ix -ea -PP o a pply-for-a--ron i-c-a-tion conferenc intended to conditions -di for direction. sion final plat review s-h-a-l--I-a =tinge for a of-P-lanning--See ices. Final prate that are B Preliminary plan approval must be obtaned from to sib I I i I submitted for approval -within one (1) -year -of the ers. No fi-n-al 0 i-ver of some i ,n -g --Services plat submission shall be -at sioners prior upon Ott- Y request prelim!nap, eens nr-A of time may be granted by the Board at of -the at submitted after expi-r-at i-o n of the approval pert with -e -u -t tea-- i-ree i n. The Board of County a pre -km D. _ F,i i schedule a -Board h ea-ri -g E. The Clerk County C owners at IT pu bl i-c he -a ri ng F. The Planner shall -poet a ate. I -bailed first -c 3 event t road right -of -4A and a-s-ecord sign sha-l-I- fll- ency and then notify the -CI -ark to the Board to �I plat and the Board of et of the parcel under consideration. pan �� 0) days- re he scheduled Bible from a publicly maintained road right- 's not ad;aeent bl intained y ere a drives access dnve) inter -sects a publicly nning Services shall certify that the sign the hearing date _ and evidenced with a ation number. 2. ih-e--d e; t e--a-n p, f -th-6 PAGE 45 2020-2958 ORD2020-16 a The o k one and-Seca-t+o n-` t 4-: Th p jal ca -it's name. �parcel under consideration. G. The Clerk to the Board shall arrange for legal notice of th ted by the Board of County Commissioners for publication of notices. The date of publication shall be at !o--a� rteen The Planner shall prepare comments for use b addressing all aspects of the 1. Corn an wTt - hapte, I; -s Code, +hie-x� tang-o�future development _ of the surrounding areas as permitted by the existing zoning and with t i-prehense-? overnmenta agreements. 2. Compliance with this Chapter, Chapter 23 of this Code, the zone district in which the propos or master plans of affected municipalities. That comm quantity, deb protection. 5nhat, p ;ice sewage dispos4 -nods of sewage disposal are proposed, evidence that such h state and local law time of submission of the subdivision. 0 fC4% 6 _ Commissioners, ate in functiona c assifica ion, widti ano in functional classification, width and of -the subdivi-s n-i-n accord Chapter. 8. That ivis �e su DC on w no structural ca 4h -4n- Article VII of this and stormwater management are adequate. cause an unreason l r Debility of local protection, hospital, solid waste ` 0. That the subdivision —will not c 11. That the subdivision conforms to the subdiv PAGE 46 tons base —dc —an --Colorado 2020-2958 ORD2020-16 T -h -h-Emu-bo o n will not have —an u n om=-- e--rse effect -o pre - vi -ion -of -prime agricultural land and historical sites. i✓ssioners shall hold a public hearing PiLar its habitat, the application shall consider the recommendation of the Department of Planning Services, the facts presented at the information co-ntaine-d in the official record, including ass file. The -applicant has the burden of proof to sho' gh 12 below arhall demonstrate: G 2. Compliance --with f -; -s-C@fap proposed use is located and an of affe c.' 3. _ Lk - qua protection• . 5. That, if a public sews, systefr- 7 S -- S Urn e_ 6'V s --Code, the zone-c-i-satiof in which -the evernmental agreements or mast& -nom ed from referral agencies or a -we provide wa d, if applicable. f f c i t in —term ---of 7. That off site -street Or a- e -qua e -in functi r-ec-ue elides prov I i proposed-su-bdivis-ion are ee-t he traffic T -hat the F- -a nable burden on the ability of local governments or districts to provide fire and pol prat-ect4o , hospital, solo waste ations based on Colorado That the -proposed subdivision —conforms to the subdivision-des4 of -Axle vWof4h-is-c-h a* . 12. That the su J. The Board action and a--copy-of _ the resolution s 0 lave an u PAGE 47 e files of -;t-h- dlife, its habitat, the oord of such oard. . The 2020-2958 ORD2020-16 Recorder. Commission L. The Board of County Commissioners n ing rral or reviev,Frequirements of -this Chapter, a plat if the be consistent with the approved final plat. This Article (Weld Countode Ordinance 2009-8 ; W1l-d--County Co -e Sec. 24-4-60. - Failure to record a major subdivision plat. If a final plat has not Ke-o- m-ajo-r su-bcivision fi-n-al pfat, or within a date the Board may r • at the- n-ajbdivision i the willingness and ability to r conditions su a public hearing, revoke the major subdivision final plat. to appear bef re it a band eAka r Goote--9rdin-ance 2009 8 ) Sec. 24-4-70. - Failure to commence a m a gun or no use established in the major subdivision within three (3) substantiating -t noray extend the may requi hat the final of the approval of the esent evidence substantiating that the -applicant _ possesses plat has not been abandoned and t or subdivisio tat t esen e ence - le applicant posse-sems the ivision has not been abandoned. If the the original --approval of �e ajor su-bci-Mion fichanged or tha t-+ -pl-e ie ;t the maker - subdivision final plat, the Board may, after a public hearing, revoke the major subdivision final -Sec. 24 -4 -0 --Failure to -co -p- i h -one major subdivision final plat. n failed to comply v\ held by the Bo r PAGE 48 a.he organization has that hearing snail be f the issuance of such of County 2020-2958 O RD2020-16 Commissioners may modify the terms of the original notice extension of t-i-m anal! be rocti-fi-d. (Weld County Code Ordinance 2009-8 ) ARTICLE v - Resubdivisio-n Soc. 24-5-10. - Purpose. give ant - The resubdivision- ses-s is used to p r -impose ch a n 'o an _ approved or records subdivision plat, of a major or minor suocivision or ris:oric :ow "Thcate areas rer e utility and/or drainage easements. {Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2018-03 ) Sec. 24-5-15. - Reserved. Ed; Code Ordinance 2018-03 , a Disposition of Ordinances Sec. 24-5-20. - Reserved. Editor's note Weld County Code Ordinance 2018-03 , adopted September 17, 2018, repealed § 2' Di - Sec. 24-5 30. A. An applicant shall su pplication m y all persons on _ he --agent with a letter from the property owners ramming authorization, or if the property !s owned --by a corporation - d©mitten-dig-ghat the peson signing is a to sign the application. 2. A copy of a et-i-tl-e-mmtrance company or a title attorney licensed to practice in the State. The commitment or opinion shall Beet fo-r-i:n e names y. The comet amen+ or shall incl ,I list of all mortgages, judgment -liens, ease ents, con+ractte e-ements of record —in the 3. _ discloses addi ecassm-tints, contracts or a them to join in and approv cnts, liens, require commitment or opinion s -hall be completed within -ys prio-r- -the-a-p-p14 ation submission date. 0 resubdivision complies with the approved subdivision plat a regulati gently in fec-ce--and A copy of the recorde ubdivis- on plat. PAGE 49 must explain how the 2020-2958 ORD2020-16 concerns ident- with the Department of will be Gap- es of any covet. -conference nation of how the concerns as , restrictions imposed u -o -an -y land, bui'cings and structures within the resubdivision. 7. A copy of a Color -ado Department - within the sub- -on plat intersects with a state highway. 1'-ng 9. Proof of wat- to-sae farm s -- rrn i t if a r o ad ar-st-reet I 1 I Ci ter service sing _ a -well, complete the Water Sup -ply informat-i -Summary Department of Planning Services. 10. Proof of sewage disposal: Submit a copy of the septic sys 11 state I submission date. 1-2 esubdivision. 13. A drainage narrative which must describe, at a minimum: t--e--subdivision lot(s) originates; I s(deeds). e completed within thirty (30) days of the application b 4' c. of —water flow across the res d. If there have be impacts=lo maintained -county r0ads--a-nd other co I .t. to ate e coming - set}, impact adjacent sport o -f Sections 24-7-120 and 24 7-130 of prepare this Cha -1-4. . certificate from the Count° Treasurer sh ng,-no e-I-i-nquent taxes for the resubdivision area. 15. Resubdivision pith: a. The plat sl e delin sheet, din PAGE 50 9 for the r permanent black irk on a dim r Iona-ly ity, three 2020-2958 ORD2020-16 The size of each- sheet s (24) inches in height by thirty-six (36) inches in width. No final pla contain - Sd- inch—equals on - c C. A p h ofo-i (3) millimeters or greater in R`3 product ofequal quality; be at l€ -a -s co repo ink. e. _ wing shall be at a scale of lundred (100) feet. f. If a resubdivision requires more than two (2) sheets, a ma D showing the relationship of the individual sheets shall be required. lied for all resubdivis-ions All work shall comply with the drawin l-i-m i-t-e s Cronar or Mylar or other requirements of C.R.S. §§ 101. The external ---boundaries of the property bell monumented in accordance with C.R.S. § 38-51-105. h. All work shall -,amply with the requirements of the "Bylaws and Rules of Procedure professional Engineers and -R l Land of Professional Conduct of the State Board of Registration 'anal Land Surveyors - Board Pali for Professional E Statements." -i V [&i-o•' shall be refer, 0 r at _ two (2) pubai-c land suwey vith C.R.S. § 38-53-102(7). The sur L��, -or making a plat shall certify on e pl ¢ h it-000for is 7 Professional Engineers a e State of Colorado, State Board of Registration for in the "Bylaws and Rules of Procedure of the State Board of Registration for Profession -al Engineers and Profese e l Lan -d-@ veyors." The basis of bearings, north and address description, stated scale and graphic scale. m. The bearings, distances an-d-ou-rata of all perimeter boundary lines shall be dine, not -node-; distances of a closing meander trave pLaf-i :he waf PAGE 51 2020-2958 ORD2020-16 n. Resubdivision lots be numbered consecutively and in sequence with the lot numbeEs on the su-bdivis-i-on plat being resubdivided. Bearings and lengths shall -be given for all lot lines, except for in for es w, sue, +ham bearings and I nn+ham are q. indicate lines. Lengths bearings to seconds of arc. aeon+� +ham+ pro oar ,ersecting a curve sl hown in acres. bearings and dimensions. s. The location of easements along !a₹ lines for ial or non -radial e marked, "not included in e ioentified by lentifie be vacated s Des gown anc a De eowi lots, easements, rights -of -way, u. T-h-e-re�s u bd Zvi s i o n o rvation !ue shall i! and Gas The certificate --and seals described in Appendix be requires t -be -Planner -to be placed on the resubdivisioshall be made for all seals to be o -1 -a -c erichies from the resubdiv-ision plat border. Gfrom prop& B. Review procedu fl _ z. _ preapplication confer core the -request before the Board of County Commissioner -6,-- y easement is affected, the Department -of Planning Services shall schedule the resubdiv. PAGE 52 2020-2958 ORD2020-16 3 _ Commissioners. -fare---p-resenting the request to the Board of County persons lisle feet of the resu-bd-iMision lot(s) an Commissio hearing proc to receive such notification. pert y ve hundred (500) cated. Such notification alt ho er+horJ� ,I, r,� �hli� ho�rir,rg by the applicant in supplying such list, or the Board of County 'ft h -e erty owner /1. The Planner shall post a sign on the property under consideration for a resubdivision. The Big ace- to, -a ref Bible pub maintained road ri-g - is not adjacent to a publicly be posted in the mom on the property -a B a II be post evidenced ‘4810th -a photograph. The a. tion number. d -the following infor-a b. The date, time and place of the public hearing. c. The phone number an -o d. The applicant's name. ccess d rive) n-ing Services. age of theefr-rte 1 sh4s the subject of the re -s -u div-i an f. The number of resubdivision lots requested. 5. T -h —Per shall ac -meeti-ng to b -e notice - 6 County. Fai to be a fe-.pons notice ice of the Boaro of C o u nt-y--C-an-- ss i-o lrs cwspaoe-r--d-esig 'en (10) days prior to the he-aring. operty and eservafinn organizations, for review and Gomm —rent. The agencies C nd comment ounty are may con-aid-er all such re\ the decision to approve -or deny the request for a resubd-+vision-F -ts with the Board of County Commissioners. 7. The Dep-a tent -of -PI nning Ser:ices shall prepare a recommenda4ioe-n-for use -by the Board of C ou-n-t y Gommis-sionern— "e re ^ ^ e -dati a s pz. ct s of the PAGE 53 2020-2958 ORD2020-16 substa C s _ 7 ie� with the �� ed recur ed final h —the adopted rules,-,- -regul t-i-e- and Plet of -the applicatio including how the lot line revision complies with -the fi-n a l plat, how the a-p-pti cad ordinances currently in force a-n-d-affec tinS I 84 s, regulations and ision and the recommendation from 7 ensurate with, processing a resubdivision to change a lot line to include any portion of -a _ sire alley must be van Chapter 17, Article VII of this Code. (Weld County Code O resubdivision for cha derivation. greet, road, or tember 17, 2018, n 4. shall be recorded _ within sixty (60) days from the date of _ the Board of e a i licant sha h sponsi t he recording t been recorded within sixty (60) days from the date of the Atithip 7 O ppear before it and present evidence nags may extend the date for record' public hearing, revoke the resubdivision. (Weld County Code Ordinance 2018-03 ) Weld County Code Ordinance 2018-03 , adopted September 17, 2018, Fe -subdivision for r- - complete derivation. s The Board of Coun submission, referral or review requirement purpose of such correcti-G rode Ordinance 2002-9) y-o-f--the- PAGE 54 7 2020-2958 ORD2020-16 ARTICLE VI - Conformance Requirements- nce! Land being--subdivid-ed shall confor 2nd other for public use, and all plans, plats, plots and replats of land laid d public --se or the use of -s-u h e pro disapproval. Sec. 24-6-20. - Dedications. Acceptance of dedication -of prop s te-d streets or pu-b-11c lands for maintena -oe. The dedication --o- ,any of these - the Board only by lands for public s ,a. Gific action- Sec. 24 ors of log f--ron-ti ereon or adjacent thereto shall °v ands bseq-proval, conditional approval or (DI -by -subdivider. agreeing to s ll or offering h -as been n approved by the -Board as -provided ire Semi from selling, at for such subdivided lane' shall submit a subdivision Improvements Agreement agreeing to construct the required improvements as -shown En the application, plans, pi -at and ... ... . :. - .. .. µ ... e with the County policy on collateral for improvementsregiment sha recording the final plat or resubdivision plat, if applicable. Agreement will be a conditio- t n s Sec. 24-6-50. - Dca ursuant to Section 12-5-10 et nel-i--x-A 2-A. Ir the subdi' i--sion is loo a-ptannc= d- in ge ba-i-n pursuant to Sec 106(3)(d), C.R.S., the subdivi-der, applicant or owner may be responsible -for an equitable— com costs of the drainage Dasi i maci Les. —le con.rkDL :ion a,' a su OC ivisiOn may be calculated -en --per- acre ba collateral for improvements. S -e -c, 24-6-60. - Locatie -ite I rr- orovements Certificate. A -Location or -Site Improvements Certificate (including adjacent ri hts- _ ay) .d- by -a -- registered Colorad- Iith Building Permit applications fer- ,a lot in a h i stogy town nec ..ssary-i-formation as required red in accordance with the County pal -a -n PAGE 55 Lion, size, co n -n i ng Services. 2020-2958 ORD2020-16 ARTICLE VII - Subdivisd All subdivisions approved by th-e-Board shall -comply -with the foilowing general sta-ndards: of subdivisions shall preserve, insofar as it is possible, t -4e natura .ermain, so ar access, views, natura c rain -age, existing topsoil and trees. B. Land subject to hazardous co-rid-itio-ns such as Ian ible mine subsidence, shallov' polluted or nonpotable water supply shall be identified and shall not be subdivided until the hazardc r will be eliminated by the subdivision and C. Pro‘ d other -de-sirab easements and open spaces. in the Star de e natura anc f trees, streams, unusually attractive scaoe feotw- es. n-er as to be coordinated with adt oining e align- eno -s reet rights of -way, utility and drainage ified by a registered profs presented, are intended to aid in preparation of plans and re minimum stars ds- h r app abt� "e e ice, ri is considered minimum, and a complete design nn, remit than � e-sewted any design criteria, the minimum stanc-aids may -be determined to be inappropriate or cannot bre ju subdivisions and planned -14 with the following standards: 4. _ 2. convenient Nal rutted in accordance and location of all streets shall be streets, topographic conditions, public l extended to the boundaries of each buildi-ng site, except where such extension is with existi-ng or —p development of adjacent internal street system. T discouraged. PAGE 56 to a public art of the ffic will be 2020-2958 ORD2020-16 3. Stub Street --Not more than six (6) lots shall front on a stub street —except whey-e_a 4 _ Board. not intersect -a 11 A erial street. A collector stre-t shall n -one th0usand three hundred twenty subject to approval by the Board- specifications fo nd r the Wel l Co �ty Engineering and construction criteria document shown in Appendix 12-A. Sight distance triangles shall -- -Qriveways D4v Only one (1) accec torn -a -l- su-bdivisio � the internal subdivision road system. 7. REPEALED. (Weld County Code Ordinance 2001-1) 8. REPEALED. de O rd i n a n coal --a-)- 9. REPEALED. (Weld County Code Ordinance 2001-1) d -to -1 am ---erect access -t -o -a- d streets. „see i-o-n-rad-s-only. All driveways shall be off 10. Road cross sections for major arterial, arterial, secondary, collector and local streets are presented in Appendix pendix 24E, Road- a r ss-Seen delineate right-of-wasations, ,ent, bike es and pedestrian sidewalks. . Improvements —to the s ,De ant of Transportation. 1-2. H 14 --Streets a b. The subdivider obta the other ermitted, ex- ep Ws -required to complete a half -street alrea un y-ad dication from th-e-ab tt-i- ow . the Co erte4o c. The subdivider obeains from the abutting lay agreement in a form satisfactory improvements and construction of the same -on -the half -street within a time suitable to the Board. d _ s -e rv-i ng the s u-b1divi i-on . Deadend Streets (not-oui PAGE 57 reets shall not be permitted. 2020-2958 ORD2020-16 County or in an lots may be permitted and must -be provided with -a right-of-way turnaro feet or mar thousand five hundre- centerline. 15. Number of Streets at Intersection. No mor (1) point. 46. Angie o where th-ks may be impractical. 17 sha-1 I -m hundred a II not apply 18. Parallel Roa sing cul-de-sac streets. r a Nor n oe fifty (50) one -fat one., ees, except y -be designed, m of twenty (20) fro+ of b � e+n een f way will be required. Screening to reduce--4Ot sidc hcadligh: glare will be required. Screening type shall c Departments of Public enr� a Plan ing ervice Triangle. The developer will verify -that ak-i gating to sight distance triangle on the plans, as illustrated below. r t eomcztrc -s arry �rneric ae51 tr,r eet d roads sh-al--be--i acco sdance V ✓t7 1 7TH.+ L 1 T V— -L.�' �s with A Policy on the Geometric Design of Highways and Streets published by the American Association offa-t the fl organizations or standards or design criteri-a shall be referenced and copied as part of the submittal information. Pavement width requi-rem-ten-ts wilt adhere to Table 111-21 for turning roadways vertical without a vertical curve is one per 0 rcent (2.0%), r+i� n0i\•c,c4., gov source may be 7 American Association of State Highway and -I I! y other used in design. All specifications, standards or design criteria shall be PAGE 58 2020-2958 ORD2020-16 referenced _ and copied-as--p-art- 1. A typical cr widths, depth of asphalt and ba improvements. bran . c -oar -de-sig n sh-a-P be in of --T or studies dude, but not be semen F. F ntage of Art a4e--g-a4 stre-e -i-d-E Lai ay. collector street, a lands -Gaped -buffer area of not less than twenty (20) feet may be required at adjoins o1- ortation. 3 nsti-tute te-s c for adequate reduction -of noise pollution. Parking Lots. shoulders on local roads. ent shall demonstrate compatibility with existing surrounding en the par-king-i le--as-ceded for turning movements— nstraints and very l -ow -traffic volu Essione-r 2. Pavement width rtment of Public -foot lane -s --and four -foot 3. Maximum -grade change o - This peir-Genta- (Weld County CodM-i County Cowl -e - Sec. 24-7-30. - Si -d -e -walks, c recommendations of the lnstit fCode Ordinance , Weld asubdivision where required by the Board. Sidewalks shall be Administration and then-ited-States Department of Transportation. B. VVIIthousand (1,000) fermi adequate-pe be -ms where needed for la -ti -o -n. Improved -walks of not -less than five (5) feet in width sh-all (Weld Count\ rode Ordinance 2001-1) The length, width and shape of a block shall edale--rega-rd3 _ to -the following: PAGE 59 2020-2958 ORD2020-16 contemplated. C. _ circulation. D. Lima- s and opportunities of -topography. E. Maximum (1,500) feet, unless watt' centerline to centerline. F Sec. 24-7-50. - Lot size standards. A. Al the State -and the federal government. -e fe-i off-stree required by the -type of -use and alety of vehicular and-pedestrian-traffic and dimensions of all applicable zone district. No single lot s -hall be divided by a municipal or county boundary line. F. A lot shall not be divided by a road, alley or other lot. uate access to an i-nter ne district. F. Each lot shall be provided v provide s-e-i J. is flag lot con -fin No c irec residentia access to a section in -e roadway shall be allowed. alignment is used, adequ- the requirements of the n thirty (30) feet in widti at th-e4ront property lines. perpendicular to the future right roadway alignn hall not be permitted except where essential to dies from arterial stre ent for internal streets is undesirable. If ti the t be provided to avoid hi e-quate- - n-i-ng area to be of -way lhe. Ad-di-tie-nal standards for frontage -road or parallel n 24-7-20 A of this Code. PAGE 60 2020-2958 ORD2020-16 outline the fun who will oc-m-e-- (Weld County Code Ordinance 2001-1) Sec. 24-7-- {A eId County Code Ordinance 2001 -field Cou Code Ordinance 2010-6) A. _ standards. total width of twenty (20) feet apportio e-e--`a-.csementc are reguirr rnen-t. G Easement,' shall be de - d---o--provi-de effi ing properties. multiple installations within the easements -t a The proposed subdivisio the -overlaying -zone district. Plans for the pr-o--p-cs d subdivision shall be- fe d he far review. The Department of Public Health and to submit additio -eng! nrgo l gtcal reports -of - Environment may r data and to conduct a st1 monitor' Enhanced treat Monitoring and maintenance should outline any scheduled En duties performed on ea, oversight r all th-e individual sewage disposal systems. re those that incorporate one (1) or more of the following: trickling filter systems, etc. k pumpin— a-g-ement component should Homeowners- s oei n atc.), A. Water supply systems-s-h-a-ll-be-provided consistent with the standards o of this Cha C. 1. Where a -central water supply system is provided through a municipality, water district, supply -R rnrrinnccsri _ that prone ,3' re -spa -b-1- av-aitable4or the future -u -s pr -o -r -to z-ppc9-v-a-i-of the su-ad-i-v-is i o n , iv off -site water supply system is r frnm � �E ne-e r st rt The central water s n-u-m-ber to -furnish ab adequate PAGE 61 N� each lot in the subdivision. 2020-2958 ORD2020-16 1. Where individual on -lot wai subdivide --shall install such facilities, or shall -- a eed r-estri-o u-rcnaser of said ral building is constructed. pply systems are proposed for individual lots, a geologic report shall be qualified ground water geologist -o -r -e a _ c. d. eTh "a,. Compliance with state -statutes. The expected depth The ex following: f. Any expected significant problems of a long-term supply, including but not limited to, pollution o of -such webs -off stems. The anticipated cumulative effect of such wat the area. h. The report shall include such other informatio Commission or Board. Sec. 24-7-90. - Fire safety requirements. r 9 Planning Commission and Board shall consider the recommendation of the fire district. Sec. 24-7-100. - Irrigation ditch requirements. An e i ti -n -g- rrig;ation ditch m _-y be incorporated within the design of the proposed -- s- +lien. The function of the irrigation ditch shall not be impaired. The S A. _ einage requirements. and Board shall consider the recommendation of the ditch company. I mendation mmission �n submittal, ial engineer licensed ri-the State. The report shall be properly certified and signed by such engineer. B. The purpose of the sket t A report is to identify and define contions subdivision. PAGE 62 2020-2958 ORD2020-16 private C. The sketch plan- i- e-repoF d ng outline a-nci-c-on4ain �tion may result in the report being rejected for review. d - eral legal desc-rption foc4h-e-pre-posed-s-ubdivision shall be described— locat-i u-bdiv-is-iof wit -h -respect to racerat public or a. Area in acres. b. Ground cover- General top�p-h d. Genera- I -conditions. c cr ki bed . f. Drain -age ways. 5. A general description of the drainage basin and sub -basins, including: b The -refer ina e -wad or maps, if available. The d cargo Plan if the site is , c. e A discuss--on—of-the hi subdivision. r rainag-e tion reports and flood insurance studies 6. The d r-thna -oi-l4-y-de -i-g-n concept -an -el -details for IF -p-#a n ce wi b. A discussi-on of ant cipate in _ the report — proposed improve -men 10 s :e runo impact on the proposed cons iciS n, including: PAGE 63 su DC V s nditions on with a �fed afe-€low 'lecessary preliminary or existing or 2020-2958 ORD2020-16 f structure Wiae. g. _ 7. All criteria, mast, . A -general locati-on map shall be provided in su p map shall be a a 7 that shall influence or be influ (20) .fee equals -one of the preliminary design. e era! drain -ale e map shall identify any major construction (e.g., sed subdivision at a scale of one <1) inch equals twenty ndred (200) f {Weld County Code Ordinance 2001-1) Sec. 24-7-120. - Storm drainage requirements. A. The purpose of the drainage report is to u details fog 1. The drainage report shall be, submittals. The d i e repor-shall be prepared date the 2. T-e-\d-ra additional necessary information relating to d master p a-ns) for the i-n-= design for the site. ussion of the drainage impac proposed and existing structures. design -storm method. oroposec proposed subdivision. ent the -design nal engineer y such engineer. eparation and es (i.e., sketch plan drainage report, project subdivis o -n -- ugh as streets, utililles aP4 ge and storage calculation B. The drairiag-e-4a a1�-4es1gn c ep d -Details for the proposed resubd-i 1. A discussion of proposed drainage patterns. 2. A discussion of compli-ante with off -site -runoff consideration. PAGE 64 2020-2958 ORD2020-16 3. A--d-1-8-sus;o report. 5 _ C facilities. n4 o�b1es ,..:terns and identify dra-i scaleto-e-ne (1) inch equals eight thousand (8,000) feet. The map shall identify any major construction (e.g., development, etention faci-l+ es, cuivert-s subdivision. presented in the or be influenc A drainage • (20) feet to o n -e--(1) inch equals -two -414n map shall show the following: involving lots greater t f fee te- 10) feet 3 Streets an -d -goads. is -ion at a scale from one (1) inch-e-quals twenty included. The drain -age plan Existing drainage facilities -a drainage 7 proposed-su-bd ivisi o n . loposed type of-st . . fl -o- , i-re ct i o,nnan d crow pare— 7 . Pr-p-e-sed st 8 _ 7 e 0 For subdivisions oca B s and culverts. All pertinent i form -at -ion such as ions shall also be includec to the .in a4-ouffa l-p-oi - ho-ut-dam g -e to - d own-stcea- n p Fe-pe-rties. 9. Routing and accumu ation o- • - ows.a: various in with the pr 10. Paths chosen for c 11. De Il -9 ti n storage -far -Jilt -ties a - au-tl-e4 nor l's- tom' +a.• B Qd�'V �-1 12. Location and elevation 1-3. The lac d-es-sig n . centration. •I -n s affect i n -g ro-posed utilities-ae-cte-dam . r - t the drainage PAGE 65 2020-2958 ORD2020-16 A. _ (Weld County Codification Ordinance 2000-1) (Weld County Code Ordinance -2007-4 5-) r 4 -f -a subdivision or district ar is ri of s located in a flood hazard overlay strict requirements. zard overlay development overlay district area, all applicable regulations of Chapter 23, 26 or 27 of this Code shall be met. (Weld County Code Ordinance 2003-10) u-latic sites and open spaces. sion, the Boa deve ape easement upon lands for parks, greenbelts or other necessary public purposes. The type of the dedication, Public purpose may in de open space, pa-rks, wildlife Us or other lands to be preserved. publ-i maintenance of which shall be ensured by specific obligations in the -deed of each lot withr t-' Section may be reserved through D. REPE LED. (Weld County Code Ordinance 2001-1) E. The amount of land that -may be -required for public dedication, reservation or as a measure e pasuch ded+cation or reservation shall be determined by the standards -9u -Dined (Weld County dinar e 2001 1 PAGE 66 2020-2958 ORD2020-16 appropriately A resident' review Plan tschool district. Sec. 24-7-200. - Underground utilities. All elec be-i-nstat ed ua ground -cept for the following: hoot district re is shall consider shall other facilities n-ecess- rH-y -p-pu- sn, to such underground and street tigit tln-g-facilities. B. All Pe difficulty. ten .ably n veground facilities. erhead electric transmission and c is:ri aio�,ng distance, trunk and feeder lines. Du -ion feeder Ines zinc from the require. ing 1 nd signed by such profe defined by state statute concerns s h -a -I -1 --be p -p r --op ri-a e -1 -y . B. The purpose of the sketch plan geot for —development. It is r-ecog n iz-o complete, d clea critically re -viewed by other -s: -- C. The sketch plan geotechnicat report ti s ex tations and 0 site irm or ta- e -to comply with the provision of this Sectio-n-n-iay resu-! or re --few. 1. Mappl o will be re u red far r well as for a -report on -a -small -e -r area where --the geologic relations nships are significant but -rds alone, the report —should be accompanied -s-- e (1) or more Q Nei on a tract, as prefer -ably, on the -m-0 -and any sections —that —a —submitted with the report. PAGE 67 2020-2958 ORD2020-16 following matters: geographic and geologic features. p as cone. sod and when the c. Any other kinds of investigations made by the geologist and, where pertinent, the d. Topography and drainage in the subject area. eTh Abundanc the area. f. Nature —and soup .e of provide any technical revie ria ce I of exposures of earth rratcrials within b :face information. Sut b red, for according to the method used.) a The rep s-tructu ml clearly s1 complete, guide for descriptions: 1. _ ro 3 b. Relative age and, where possible, corral; c. Distribution. d. Dimension g. concretions, adth, vertical extent). ther than weathering). Distribution and extent of weather zones, significant differences between fresh and weathered rock. i f I surface and near surface processes (e.g., raveling, gullying). strati 3 7 +0 1 to.. PAGE 68 on-es--at--contortion or 2020-2958 ORD2020-16 b-:---Dimension-al characteristic . a. _ Qri n -Cation and shifts -in orientation. peo c —effects -u pa- �n®r''If1P� f1�7'�'I Ir®e of f zcC of movements); defining fa sense. ons--of-fhe plan-ar s-urr1a-ce 7 7 fated) deposits such as artificial (man-made) fill, topsoil, stream -laid alluvium, beach sands an Id accumulations, creep and slope wash materials, var--i-ou-s-iinel-s-of slump and slide debris; etc. a. Distribution, oc b. _ c. Dimensional characteristics (e.g., thickness, varia��-iii wih existing topography. features such as terraces, dunes, 18-protuberances. 4. 9. h. a _ b. _ c. ta cementation). Distribution and extent of -weathered zones; and weathered material. Response to natural mass movement). age, surface water and groundwater: 7 basins). d i I and n- -uu- `r ace p c its, content of between fresh R -e -a i h-i-p-s -t o _ gee- I eg-i-c-features (eTg., pre-vto uss-s t r S- , cu re s , f a u -1 t s) . e. Va ions in amount-of-wa o --fig., intermiJent spring and seeps, ao 5. Featu-r-e-s of special significance: PAGE 69 2020-2958 ORD2020-16 a. _ a vanc ng gully hsa 4-s)-- a. i atures, h-istoric records -and historic records and measurements). characteristics, correlation wit movement. 3 ds sits; distribution, geometric d rates -of e. Deposits related to recent floods (e.g., talus aprons, debris trash). f Active fau-It-s-and their recen to be subdivided should lese Inc uce, Du: are no: imi:ec do, Imes one usec `or cons.ruc:ior, , coal, sand, gravel —and quarry aggregate, for which extraction by an extractor is or wig b2 commercially feasible, or which is b L not be subdivided until such deposit is extracted, unless the Board of 916 and land use; and (2) the effec4 yen -the ^r^^^� Odin construction d --modifications up -on future geological Net consi-v ea ed in submitting disew reports: reasonable to develop the subject area a. Topography. d. _ bi-'ity of earth materials. 2. Special recommendations: PAGE 70 nd deposition. ns in adjacent properties. 2020-2958 ORD2020-16 c. Flood protection -7-- d. Problems of groundwater -circulation. a Position of structures, with respect to active faults. G. All sketch -plan applicati~o-nsr-w l-be-su along with the r -0-Geologic-a! Survey for review ' -� i o ent of Planning Seres at the time the CGS; the applicam—Lss {WSd-Count-Qode Ordinance 2007-1) Sec. 24-7-220. - Individual Sewage Disposal Systems (I.S.D.S.) report requirements. A. For lots be g-eotechnical report licensed to practi-e in -Colorado. re- o septic system -s es where individual sewer systems are proposed, s shall be submitted in addition to the s to orovide ac.c C. The report shall consist of the following: A. 2. _ itio nsh-ip-of ind he sod suitabTh y n e-a-n-ot eE floodplains, slopes in excess of twenty-five percent (25%), surface and subsurface soils hazards, geologic hazards, depth -beortert-h-and-otezards. number of lot conditions, such a (10%), etc. are found 3. All lo or hazard c-o-n-ditions shall be . Relation n cases in pth to water, slopes in excess of ten percent P i ells, structures, lakes, streams, Hon water on the soils,geology and hydrology of the area — T O, in this Article are not within the pu- S-ubsection 3 s -u -b4 i procedures set fo £. A. divisions are ements and r -nd divisions PAGE 71 7 r --exemption 2020-2958 O RD2020-16 B. _ 9 '✓ xemption only when at least one (1) of the —No lot which is part of an approved subdivision plat or any map or plan providing for lots-ar parce,s 3 less than 35 acres filed in the records of the County Clerk and Recorder prior to adoption of any redivided or changed in any manner by the exemption procedures. Such platted lots may r r (Weld County Code Ordinance 2002-C A. The Recoroc: (3) or four (4) s� ara¢, _- . E„a ,rles of A , a Recorded Exemp applic� � submitted include creating a lot in the A (Agricultural) Zone District for a single-family 34- a lot in a Commer 5-9 this Chapter. S. REPEALED. 7 the requirements and intent of except in -the A (Agricultural) Zone District. In the .-(Agricultural) Zone District, the fo lowing will apply: 1. When a contiguous 2 to the minimum buildable lot half of a quarter section) may be used in the two -lot record& When a contiguous ownership equals two (2) or more pa-rcels created prior to the n of the parcel equal with Section 24-8-40.M. Lot A of a two -lot recor ly future la - us land contiguous r (80) acres hot of an su-odivision created after PAGE 72 to half of a quarter section; is a , 2020-2958 ORD2020-16 a years from the date I -exemption d twenty (120) acres in ifith Section 24-8 recorded exemption created prior to March ne time -only -future Ian 3. A four -lot record, ownership equals Gen i� s -party -must be included unless the rema (80) acres; is a parcel otherwise r 7 ure i-a d -exemption. t4gueus-hand iithree (123) acres. Remaining subdivision-Fegulations. Three (3) -of the pro with the requirements -of ee c -8-'10 _ The larger lot (Lot D) is eligible to apply for a f the date of recording the evem-pti-o-n plat, in acc A -peel created prior to the initiation of subdivision regulations is eligible for a two -lot riff of a quarter section; is a e -not eligible for future-la--n-d-exemptions. r D. in the -Commercial and lndus4r-i n -No future land exemptions will be allowed. rode Ordinance 2001-1 Code Ordinance 2003-10; Weld County Code Ordinance 2005-0'; Weld Co b, -de Ordinance 2007 2015-9) (Weld County Code ooh s and time pa-rameterS. A. The subdik : v io d for the following eight (8) purposes: 1. Division of a parcel of interest in a parcel which does exemption to separate one (1) additional existing outbuildings fr-c- conjun one -f il io-n. A subdivisio creation of a -new e with accessory -t in rior to March 1, 2004, is eligible for —a exemption created after March 1, 2004, is not eligible for a future land exemption. The subdivision -e- m s meet the following criteria PAGE 73 2020-2958 ORD2020-16 a. _ b. The residential use of the improve being rite are required. c. The residential improvements must be continuously claimed and taxed as reshdenc d The subdivision exemption is the best alternative tall improvements. e. No more than one (1) subdivision e a record Oat inception date of I S 1 2. -r-adjustment of property lines between two (2) contiguous parcels. 3. For the creation of lots ft a . Lets creation of a !-t to be sold separately. Upon t lot--ash-;mil-cease to exist. b. F-o-reclosur orsubdivide b. _ 6. _ 7. For t e no E l-ity facilities. parcel for oil a-nd g -as production fa-c+ltties, ad and gas urination of the in the ate r Subdivision V ration. 8. For the non -permanent use of a parcel for a Solar Facility. %er facilities. Code Ordinance 2005--01; Weld County Code O-rd+na-nce 2009-8 ; Weld County Code Ordinance n 1 n ierd-Co nt - ' rdtn an 21 ; Sec. 24-8-35. - Su -. Ordinance 2017-08 ) r within sixty (60) days. (Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2004-5; Weld County Code Ordinance 2005-01-) PAGE 74 2020-2958 ORD2020-16 An exemption app1+c-a i A _ dependability -- B. An adequate The -sewer service shall comply with the r the- , sha anc enc ccesses &g -all be in eavor to achieve the quate in terms of quality, quantity and r II II Tess and egress to a - J-eAl of this Code, I Where the aces Transportation has jurisdiction ove s - -all be responsible for ob 4n4r anent of Transportation. 2 Con#g-uous lots created through the exem share access. 3. _ Existing or future puC lira , ted or res the Colorado Department of anew A.c-ess Perrni, from the Colorado et -Gable, on County roads r 22 of this Code and any A new access with a choice twi st traffic count. of this Code. E. The proposal is c C The proposa the pted a of ad it f t itn-Ghaote-r 2 3 -A tide V and Arti cLe-X1 talon master I T -h :ent-with the intent of the zone district the exemption i-s—l-eiaaL'ael J.The proposal is consistent with -sound land terse plannin 1 30 of -t -his Chapter. The a pao o ec-c n 21--1-30 a referral a creation ag-ricu- tired or to mitigate -impacts or addr- 1-0 or other ! production on the p a rce, --ar ---•ma--n s -n-i- g a ti-ori-wt e-r-ro -tea ree s , PAGE 75 2020-2958 ORD2020-16 the utilization of existing housing, and the satisfaction of school district concerns, pursuant to the requirection 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. 2. The fa would l evidence of an intent to evade--t-purpose 24-8-20 of this Chacter. T lyre-rn-i-n i Je last calendar year, land which red v ny lot proposed with a public water supply is net less than one (1) i �i� of _ �rtt In+ r�rnr-ncr��l inn+h AlOII �e +ho A;n+ r �i it r,lr ic' flint less than t\ o districts MIL TELE M. A iii-n-ot part of: + 1 n -e or where exempted by the Board of County :emption lots public utility facilities or sed recorded exemption is eligible for land exemption if purpose of _ el 4" m-� es experienced by the applicant justify 2. The largest lot of a recorded exemption which was done in conjunction with a subdivision ex,, h was reco of the r N. None -of the sma circumstan-ces experienced by the applicant justify approval and that the recorde Q. The proposal is cons-i-stct ! practices, if applicable. P. After August 3, 2010, the largest lot of any recorded exemption may not be less than thirty -fide (35) acres net. This req-u+rem t MCA ;ved h„ th Board of Co ,r,+, Commissioners if the Board finds that exten-uating circumstances applicant justify approval of the recorded exemption and that the recorded exemption is u o the ►i ir-o -ey ing +moo rep i�er! tents -a once 2003-10; Weld County Id County Code Ordinance 2010-6 ; Weld County Code ounty Code Ordinance 20' -4 - PAGE 76 2020-2958 ORD2020-16 Thee folk' A. A re- tior"1�. Department of Planning S or, if an authorized a include be included showing that4h -s- the corporation or partnership -Land signs, a e er o B. A copy of a au horiza +hcs f®a n form provided by the ion from a C. A certificate -of conveyances form provict ee owners mus: De sized evidence must H rssh-i p has the a ut-n-o-rity D. A detaFled descr ,t n -opt -h -e -request an ors-purpo< e -n-d-benefits. E. G. _ e/is pplicable. A I ; er rrom a wa-i- _-_ mit are examples o-dence for domestic use. xplai-ning that the disposal of sewage in compliance ', i-th t ublic Hea system permit or a copy of a I II I I :n ng existing service or availability of sewage disposal to each proposed lot are examples of evidence for domestic use. (Agric and any exist home-, manul facilities on the property. in tk d -types of livestock bor homes-,--mobile wellwell production H. A staternen will oe corn-patible with these uses. f adjacent properties a I. A -Weld County Access Permit. J. A Statement Ta-xe m t ie--bounty Treasurer showing no deling area--r-eferr-e o in the application materials. K. A statement descries t e curs statement shall include th-eye and with details on how adequate provision a4er, acc L. An exempt-1OP sketch mop-dr 1. The boundary of the p-ro-po; will be ma a-tion system and name of the ditch company. of paper eight and one-half (81,4) inches by Oak. I lowing information: PAGE 77 2020-2958 ORD2020-16 result upon approval oS the request. O A north arrow. the lots. 5. The names of any e* En -g roads or high a property. 6 ys nd accesses a ss-oci ated with t-rctures on the proposed exemption -p- osed exemption limited to, principal and labor homes, mobile homes, manufactured homes, gas wells, oil well prodi electrical-train--sP-sio-n lines. 8. All unique ph v.. icaII h _ opI emption property, including, but not limited to, substantial groves of vegetatio-n, severe topographical conditions, substanti-a-l-irrigation canals and water bodies, CRP lands, floodplains, geohazard M.Ar State, and sh t Code Ordin 2015-9 ; Weld County Code ard+na-nce 2016-5 ) Sec. 24--8-60. - Exemption plat. An exemption plat shall approval have ap 3 i-cation is submitted to he De east in the i SLJe-C1 t more than thirty (30) days prior to the date aartment of Planning Services. linance 2002-9; Weld Coun documentation required of the Co 0 6 ne-d . he --a unty Code Ordinance and all conditions of Upon hail be recorded in the office ng Services. The Mylar plat and Within sixty (60) days from the date the administrative ce-view was signed, or Board of County Commiss or -unable to m forwarde D i-rec date the administrative an applicant is unwilling -- ay grant an extension of time, for good cause shown, upon -- mot. The plat shall meet the following requirements: A. The plat shall- e-preparem y reed --p fessional kaz PAGE 78 2020-2958 ORD2020-16 anent black ink an a dimensionally stable G. _ Planning Staff. p iyestr sheet seal greater in thickness -T- twenty-four (24) inches in width o-c—gy-six (36) inches in width. The mixing of sheet sizes is prohibited. No plat submitted shall contain limp quality or kroy lettering tape. The drawing shall h _ , le of one (1) inch equats one hundred (100) feet or (1-) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum ale two thousand (2,000) awe. Maps drawn to other s submitted. The material shall beat F to sign th original signatures, shall be made with nonfading permanent black ink. Mylar co ore G. The -plat shall in respect to adjacent roads and other major la sh-a l l be con -7 a -complete and accurate n -d new parcels which will result. nk drawing/ may be -ar greater in thickness. natures and seals of all parties required sensitized Mylar copy is submitted, the ! components, including a _ n n, the larger recorded exemotioph, the medium-sized parr largest parcel sFor a four -lot rec xt largest parcel shall be designated gated Lot C and the largest parcel shall L Lot B, the third largest pare+ swi-t-h For a two -lot ate&y surveyed and the drawing shall include bearing -a-aces and curve data for all lines of a ;its of record. I . The exemption 7 - el; Commission. PAGE 79 nced to two (2) public land .ving the lots plugged or abandoned oil and gas well. and Gas Conservation 2020-2958 ORD2020-16 application submittal req J All work shall comply, h -tie- g 1-02, 2/,53-103 and 38-53-104, C.R.S. Sta to Gci f 5G-4-01, 38-51-101, 38 -51 - the Bylaws and R Ca, St `. Board of Registrtetinn €n -i-neers and Professional Land Surveyors - Board P-o-l+cy Statements. A -s -1 -fined copy of al Co Recot° Corners" (Section .at. If any "Aliquot Corner" indicated on tie plat is substantially as described in an existing monument record previously filed and in the appropriate records of the County Clerk and Recorder, a copy-of-that-monumentstating that it is as deso r do Land shall be submitted. M. An exemption plat shall bear the certifications shown in Append Se County Cede Ordinance 2003-10; Weld County Code Ordinance 2005-01; Weld County Code Ordinance 2007-1; Weld County Code Ordinance Se - Commissioners. processing and approving exemptions to the Department of e S gencies for re within twenty-eight (2I—chays max review comments are responsibility for approval and denial of an exem the resp0n-s bi- ty---ofJensuring that—all g—ate„ official i Once a of Rlannanr^a Ce vvir-spa!--l-serer-�trhe respond erral agency runty. The —authority and individuals whose review the Department of Planning Services or Commissione • a staff recommendation within sixty (60) days of receipt „eferred-and the standards contained in this Article. D When, in the opinion of the Department Ord of County Comm i s s i o n e rs . t ces, an applioant-h-a-s-not-met one 9 all be n.hat the lens 24-8-40.A hcougL1 Q--abc e . The Board PAGE 80 2020-2958 ORD2020-16 7 The Board of County Commissioners shall approve the exemption application unless it finds that the -a ppl-ica-n4-h-as_-r-more f -t e-sfa r -r d s -a ii seed i 24-8-40. G. _ .s • approved-exempti--on . recording plats e-Grd-inance 2002-9; \ Code O r -din anc 4O-0 5 0I-)- -60 a Dove whic 1 C oes not com rvices shall submit to the County CI cre o! utio drafted -and -signed. A record of such action and a eopy-of ger- also authorize t 3 y wit rs shall be 1 t le hc County f County Commissioners shall gn the plat req aired in Section 24-8-60. nce-2992 9; Weld County Sec. 24-8.90. - Exemption correction. A. The Board of County Commissioners or Coun compliance with any a where such correction is consistent but are not limited to, r in -g --envelop Ys consistent with the original intent of the app -roved exemption, correcting scri-vener errors on the plat and correcting sup required. A reconfiguration corr-e-oti-on—niay, wit -h -o hearing —or this Chapter-, submission, referral or ri d ly l a -n ce with —any of- the proved by the Board of I I does not substanti �i -n-d-r es no additie Secti0n-24-8-60 shall be -required. C. Any change to Section 24 8-90.A above s42 l -l- ofl-o-w procedures of -Section 24-8-50. D. _ f the cF exemption at in compl•i-a--nc&-w- tth used to calculate the timing provisions of which is the subject of the correction. • A el-d-C-Gu my Code-Ord1n-a n ce 2002-9; Weld Cou n@fry° ode Ordinance 2003-10; Weld --Cody PAGE 81 2020-2958 ORD2020-16 Time provisions do not apply to subdivisio ent of property lines r the temporary -use of a parc y change to a previously approved,-- , amendments' A. Where a bou-damry--eh-arige results in a Gh-a-� Lot -A , Lot B, Lot C, Lot D additional lot. B. Where previ rded exemption included more than the minimum let the applicant s-eti a-3ply subject to the limitations of Section 24-8-80.G of this chapter. d County Code OrdiR Code Ordinance 2005-01) ARTIC /arl a ces A. Road grading and surfacing. B. Curbs, if required. C. Sidewalks, if required. E. F. G. , Storm sewers or -storm drainage s gired. Water distribution systems, whe Street signs at all street intersections. Per nanen: re=erence monuments and boxes. inimum lot size required circuits, as required. (Weld County Code Ordinance 2016-5 ) . vements agreement. PAGE 82 et lighting Board. 2020-2958 ORD2020-16 A. Oontract. No final plat shall be approved by the Board until the su-i--eider has submitted a sub e,�g—te collat Ag-r-eemen4 s-eq., and th„ B. Off -S improvements road facilities providing access to the -s - is in Se e fa f ss Permit, pursuant to Section 12 -5 -10 -e -t $i all off -site road quate in structural capacity, subdivision. -rte-itsement for part of 2. The off -site Improvements Agreement -s -hall contain the following: a. The legal description of the property to be served. ervea c. A description of the off -site im orovements--t-o—be applicant or owner. d. The total cosy f`he-ff-si- mprovements. rcular trips ut by the subdivision or resubdivision, as specified by the "ITE Trip Generation Manual," or by -special study approved by the Board. g. The terms of reimbursement h. The c agreement. . Any off -site improvem-ens Agreement shall poky on co1feral for improvements, as well as in conformance with Section 12-5---'-0- seq., and the Engine ri subdivider, 4 If the subdivide the -person _ —be--re i -, Standards in Appendix 12-A. to comply w opportunity to obtain reim th the Improve, rsement under this Section g-4he -e rya —o the with the county When it Es determoned by the Board that vehicular traffic from a subdivision of resubdivision will us, road improyeme t constructed under an e-xisting Improvements subdivide, shall thew total cost of im ec: a 1 a 'l O L n w ch exceeds the provemen -le-ss the pie-rataII lit im acts -generated -by —Evidence that the original su-bd-iviler, ap-plicant or owner has PAGE 83 2020-2958 ORD2020-16 been reimb-ursed by the subs the Planner prig 6 , ant or owner of a subdivision or rest, n--u-si -- d improvements constructed under a prior Improvements Agreement will be based upon a pro rata share of the total acid -type -of nonresidential developments intense-. to use the ma amount of road improvement cos: sia a so consicer in= ation .as m- sured by the sh-a- os in the Col I II t f Transportation. The cost os aid by cash contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the ison shall be at the sole ed upon the need for further off -site road improvements. 7. The trip generation rate manual publish improvement construction costs transportation study shall be used �esubdivisions. A special generate shall be decided by the erector of Public Works. 8. The term for which the suodivider, a oo icant or owner is entitled to re the off -site Improvemn- County, is ten (10) years rom A ie ca e o- execution or a con + race for road improvements. C o' ty-to eo n-std-erec guarantor of the me -n ies t the subsequent subdividers, applicants or owners. (Weld County Code ordinance 2016-5) Sec. 24-9-30. - Variance for hardship. should clearly demonstrate that physical corn - undue hardship. A-R-T-ICLE X - Fees, Violations Se ursement, and in within the genera -1 purpose bdivider arcel make literal exact dos for aM su-bd n applicati-o-ns provided for in this Chapter shah be estab consist of--a-er in the newspaper d Sec. 24-10-20. - State agency fees. ished by o the Board's hearing. Notice of said hearing is to be PAGE 84 2020-2958 ORD2020-16 Review f -e a a State be -made paya� r money ordefrto the s state law. The -fee -shall e -shall be paid at the time the application is submitted for consideration by the Planner. Failure -to pay said4ee s ^aII result in the suI hcat+obeing considered an fl paid. A. Any subdivider, or ag r, who transfer - a misdemeanor and shall be subject to a fine not to - for each parcel or inYero-st in subdivided land which collect -sr -1H be credited to the gen-era1 fund of the -County. has been approved by the Recorder shall be guilty of ($500.00) subdivider from selling, -ward. C. Buildi-ng erm-its for construction an land divi adoption of the initial ordinance codified herein shal rr subsequent to the reviewed and permit shall be approved by the Board unless all of the I. The parcel shall be -accessible from an C) ublic ro The parcel will have —a ss to an adequate -water supp4-y. 3. The parcel will h-a� age - 4. The issuance of the building permit will not change the essential character of the neighborhood. 6 d Vent of this Chapter. PAGE 85 2020-2958 OR02020-16 E Road Ri � ti -of e - a y- Re a -d- #ac e- rag Dail Trail Ceti Ave e- nib er- av el- La ne- She Nu mbe r -e -f Dial nag Drai nag &tic -T%tW1dWI (m e- Me Ella n- Bi 'Ice- Da- ne- dt h - . .: Mini mu Mini mu Mini mum Cent Max: mu rn- Num her of Res:- - h- . , ulde r- dent: al Drive . Classif Side walk:� Des: erlin : Tra b- , . :cation- -- : f -Whit h- th - gn- SRe ed- e- Radi Grad e- ban , es , Wi dt b-- - Widt h-- D+te ways us hes- n is - - per Mile RURAL ROAD- Local , 200 9- 2- 13 non 2- 17 non � none 30 300' o 6% One{ acce Unpav ss `�Gra vet- e- e- mph ed- : t . per lot Local 6- Pay 201 2- a-2- 4— 2- non e- no tee- none 30 300' A o 6% One acce ss- Paved ed 500 mph maw eh ' E per lot j Collect . F 8 Pov 501- a 6'. 2- 16' 16' ne- none O e 45 11 ' 00 ° 6- as - -1-09 re uire Of- ed mph . 0- -c pave d- d- Arterial 1-4 8— Pay x-90 a- - 4- 2- 19 16' - ne ne- none 55 1650 o 4% none as - req ed- .h- pave d- utre see notes el - URBAN ROAD PAGE 86 2020-2958 ORD2020-16 Pav �- Local 60- , Collect OF - 80' 2 — Pay ed- 501- 100 0 - Arterial 14 01 - Pay 100 cad a--+- MMIO Appendix considered Add and Transportation Officials Geometric Design of Highways and Streets . 1-21 + TBD ng 2 1-21 - 4- 12' 12' turn - lane as ceu 12' turn lane as requ i red 18' non e- TBD 18' 1 -U as - req Aire ci mph - TBD -18' 16' as 'reel uire 4- tional right -of - 0-- 35 Via- oh 100' ewe_ One a-cce ss per Ict 450' ewe__ 45 mph 800' 4% none y -road -s. These standards shall be generally follows the publishe m a\ evaluated by t-he-De-p-a-rtm-e-n-t-of Public Works. ks. In -urban areas, the shoulder is re eu D, gutter, si-dewalk, bike -la -and4a-dsca e areas. en no other option is available. The teal and the Linage. deve 0.01 max ----bd ivisien s within Reg i-gai. Road- -id-et-n-Es---or the 2 8----M 1-O P -! m -u m or �e mmn mum cen e l ne rac s --hall be 'us. r U tha n Growth -a s-witi use the Urban standards, wh-i-chever are more restrictive. A. Q a rt --a -e-of ed ioatto wne rs h-i p a M-a-i-n- n ce PAGE 87 Ordinance 2009 8 } 2020-2958 ORD2020-16 public ri Mortgage Beginning resents that of being the Owner(s), d County, Colorad-, containing shown on this plat, uncle 9 �s. acres, more and do public, school district, owncrs and future owners of this minor rks and open space, and other r purposes -shown hereon. day of , A.D., 20 Typed or printed name State of Colorado ) Cou n t -y of Weld ) The foregoing dedication , 20 My commission expires and Seal Notary Public B. Surveying Certificate: State of Colorado, do her=e w ha th C County. Date Wired Profes r eyor in the made — this plat and Profe-ssional Land Surveyors, and Weld rnissioners: all other matters pertainEn= PAGE 88 e, snow rarnoval and and rights of -way are the sole 2020-2958 ORD2020-16 W i es s my -hap - the-c-o-rpoirat-e-s-e-al-fltetd-Co C Chair, Bo-a-F-oWro- - 9- i rs Weld C _ _ . By: Deputy Cis* a to _ the -Board Meld-Cour -O-rd d° n -- 200 f AP - =C - A !TaLLIMIASPOWF NALL P LAT-CEP A. Cerase -- - Ue-n w ers h i p and -M- ?-n-tn- n : Knew aln -b- -h Owne-r(s), _ Mo-r-Laga-gi„oLe or ie-n-hai-etaic-ofein iancis-in-WekJ Count ni-ara-dr niaed-as full ws egin+nin' s, more or less, ha b- --nth-—p--ese,` idpout, same- - - ; as shwn-an-ths plat, under the -name -a _ - le -of - and -do dedicate to -the -Ea al -district, owners and future n-necs--of tb b-8- si0n all On% ra cJb. a. _ GO-rn- -i-s on -e - ; pt- 4o-n-hts---of-wa easeme s, park, . op w-yan-d-e-a- -fo-Hau-rpose r; E xecu 4 - day of (Qwner, gee, a Lien -+c; ,— fl t -h , Orr,a! iG rights -of - The f o i-g -g--d -i-t� a kn o ° d-gS ebre me _ this day of . _ 29 0---a-X p i PAS _ Witness -my -#and —and --Seal. Notan °iveying artifiicr4e: PAGE 89 2020-2958 O RD2020-10 a Registered Professional Land Surveyor in the Aacted-o her -e -by —certify comply with of Registr �� County. i-by-=4-h -s _ plat -was made Registered Land Surveyor Date C. Certificate of Approval by the Board of County mm-issioners: This plat k 0Ale A.D., 20 ceptance of any dedication. seal of Weld County this day of Chair, Board of County Commissioners ATTEST: Deputy Clerk to the -Board Date (Repealed b; kknanee 2001-1) -SECTIONS PAGE 90 6 2020-2958 ORD2020-16 MAX SLOPE SHAL. ESE 4.1 (+ f-) MT!#IN SLE171VtSJON5. INSTALL DITCH AS SHOWN OR AS NECESSARY TO CONVEY 1C-YR DESIGN STORM FLOWS MATCH -EXISTING GRADE MrN. MATCH EXISTING - GRADE 13' 13' TRAVEL LANE I TRAVEL LANE a' MIN. CLASS 6 ABC ACCESS CULVERT CO' R.O.W. _ RURAL LOCAL UNPAVED TYPICAL SECTION PAGE 91 it rz X1QNad P 4OTF 1. DEPTH OF ADC AND SUEGRADE PER WELD COUNTY CODE SEC. 8--6-1501 MEN. CULVERT JtAMETER = 15" (WALL THICKNESS AS REQUIRED PER iiAN11FACT1IRER'S SAECIFECAI1ONS AND RVAeLABLE COVER) 2020-2958 ORD2020-16 + MAX SLOPE SMALL SE 4:11 VATHIN SUBDIVISIONS_ INSTALL DITCH AS SHINN CR AS kECESSARY TO CONVEY 1f-YR DESIGN STORM FLOWS MATCH -EXISTING GRADE 4: CLASS 6 ABC CLASS 6 ABC - SHOULDER SHOULDER 5' MIN. CLASS 6 ABC 12' 12' TRAVEL LADE TRAVEL LANE 60' R.D.W. 3" MIN. HBP MATCH EXtSTNG GRADE S' MIN. ACCESS CULVERT RURAL LOCAL PAVED TYPICAL SECTION PAGE 92 CANON' 3-K XIUMdddv NOTES; 1. DEPTH AND INSTALLATION OF HOP & ABC PER APPROWD PAVEMENT DESIGN 2. MIf4. CULVERT DIAMETER = :5' (WALL THICKNESS AS REQUIRED PER MANUFACTURER'S SPECJPICATICNS AND AVAILABLE COVER) 2020-2958 ORD2020-16 MATCH EXISTING-, 2'--10 GRADE S' _ PARKING MOUNTABLE CU RB & GUTTER JOE WALK 2'-10" 12' 12' a' TRAVEL TRAVEL PARKING LANE LANE CLASS S ABC 3" MIN. HBP 6' R.O.W. MOUNTABLE CURB & GUTTER SIDE WALKS MATCH EXISTING GRADE 18' DRAINAGE EASEMENT AS NEEDED URBAN LOCAL TYPICAL SECTION PAGE 93 rr R1 0 T. DEPTrt AND INSTALLATION OF HOP & ABC PER APPROVED PAVEMENT DESIGN 2. CURB & GUTTER PER CDDT STANDARD W-009-1 THE 2 (SECTION OM) 3, SUBGRADE FOR CURB & GUTTER AND SIDEWALK SHALL BE MCGTURE CONDITIONED ANC COMPACTED PER APPLICABLE ASTM/AASHT3 STANDARDS 2020-2958 ORD2020-16 * MAX SLOE SHALL BE 4:1 (+i-) WHIN SUBDIVISIONS. INSTALL DITCH AS SHOWN OR AS NECESSARY TO CONVEY 10-YR DESIGN STORM FLOWS MATCH EISTIN GRADE 1 GRAVEL- RETAINER SAVED SHOULDER fis PAVED —I SHOULDER i 1f' MEDIAN B' 1 2 f W/ TURN LANE 12' MIN. TRAWL LANE AS NEEDED F TRAVEL LANE CLASS 6 ABC BC' R.O. . _ MIN, ACCESS 5" WIN HBP CULVERT MATCH XISTING GRADE RURAL COLLECTOR TYPICAL SECTION PAGE 94 ('IMoD) a -n aNH&IV � PTIi AND 1NSTALLA1T OF tiBP dt ABC PER APPROVED PAVEMENT DESIGN 2. MIN. CULWRT DIAM ER ac 15' (THICKNESS AS REQUIRED PER MANUFACTURER'S SPECIFICATIONS AND AVAILABLE COVER) 3. SHOULDER SHALL RE PAD MEN ADDI1IONAL LANES ArRE REWIRED 2020-2958 ORD2020-16 40 0 0 0O Steve Morena Cleril & Recorder E,- #-5' 12' TURN _ LANE AS NEEDED 6" BIKE LANE VERTICAL CURB & GUTTER SIDEWALK 12' TRAVEL LAVE 16' MEDIAN W/TURN LANE AS NEEDED 12' TRAVEL LANE 5" MIN HBP CLASS & ABC 18' DRAINAGE EASEMENT AS NEEDED (NTS) 12' TUR LANE AS NEEDED 5' BIKE LANE VERTICAL CURB & GUTTER SIDEWALK URBAN COLLECTOR TYPICAL SECTION PAGE 95 ('J.NO) a -17Z XI4Naddv 1. DEPTH AND INSTALLATION CF HAP & ABC PER APPROVED PAVEMENT D_SICN 2. CURB & GUTTER PER CDDT STANDARD M—EDD—T TYPE 2 (SECT1O TIM) 3. SUBGRADE FOR CURS & GUTTER AND SIDEWALJC SHALL SE MOISTURE COND171UNED AND COMPge1ED PER APPLICABLE AST61/AAgiTO STANDARDS 4- DETACHED SIDEWALK REQUIRED AS SPACE PERMITS 2020-2958 ORD2020-16 * MAX SLOPE SHALL HE , 7 (+7-) *CNN SU8('IviSNGMS. INSTALL DITCH AS SHOWN OR AS ICCESSARY TO CO kJEY 1C - DESIGN STORM PLO's 1' AT 1 �1 SR AVE_ RETAINER E iSTIING GRADE (TYP.) 8 PAVED SHOULDER 12' TURN LANE 12 AS TRAVEL NEEDED LANE 12° TRAVEL LAN E 16 t 1'2° MEDIAN TURN /TL., R114 -s. 12' 12° . 4 LANE LANE AS ;TRAVEL TRAVEL AS NEEDED i LANE LANE NEEDE 2 CLASS 6 ABC L 5` MIN HBP 140° R.O. W. _ 6' -PAVED SHOULDER MATCH EXISTING. GRADE MIN. ACCESS CULVERT RURAL t RTERIA TYPICA1L. SECTION PAGE 96 a cri NOTES; f. DEPT AND INSTALLATION OF I4BP & ABC PER APPR0vED PAVEMENT DESIGN 2_ MIN. CULVERT DIAMETER NT 15 (WALL T CK ULS AS REQUIRED PER MANUFACTLrREIR'S SPEOIrleAmONS AND AVAILA&I..E 'h'ER) 3_ SHOULDER SHALL SE 4' PAVED WHEN ADDIRDNAL LAMES ARE REQUIRED 2020-2958 ORD2020-16 .28-6.' fr 6 BIKE BIKE VARIES-1LANE 1► ► LIAN.E �T 1 MIN TURN lEDI A TJRN LANE 128 1 ► TURD 12' i2 LANE AS TRAVEL TRAVEL LANE AS TRAVEL TRAWL , AS NEEDED LANE LANE NEEDED LANE LANE 'NEEDED 22-6"i 1 2' f I { 024 VARIES . MIN W%flYfWWcflflccmflW% -*arm4 ,.e!'-ieW .era-r..ane-- ..,:►+,n-.-r+n..t.n..«.ir"7 17—:evr..e �._,.r _C T 1' r �'�' �'' �' ' �r'''.�`,�,� ��''+',�' �{ �~t/' r,� •r�r'rt f,,�'' r}� �,d �,�' Mfr s�nr-�r.,w+►'� •��' �+�- �,{,r�,;r,�- ��.�r�-.r, f-�� , � ,r+�,r ,r�r.'.� �r � . [DETACHED SIDEWALK (ANSel-Goanty VERTICAL CURB I GLITTER 1 —CLASS 6 ABC 140' IR. D. W. VERTICAL L 5`► MIN IBP CURB E DETACHED TTE SIDE AL AR VIAL TYPIC. SECTION n A , 40 1.4-H-Wetd___C`Ld' u C ode-Ordi c PAGE 97 15) DRAINAGE EASEMENT AS NEEDED C z N 5R IE& `i_ DEPTH Ar' D INSTALLATION OF HST' & ABC PER APPROVED PARENT DESIGN CURB & GU -TIER PER COOT STANDARD M-6Q9H T 2 (CECTION 9M) 3. SUSGRADE FOR CURB St GUAR AND SIDEWALK SIJALL BE MOISTURE fl -11 D AND COMPACTED PER APPLICABLE ArTIM/AASHTO STANDARDS 4, HIGH—SPEED URBAI ARTERIAL SHALL OMIT CURB de GUT -ER PER AASliTO, AND USE r RURAL ARTERIAL PAVED SrIOULDER. 2020-2958 O 802020-16 AP-REND-Dc-24-F-aoR asp _ ExEm i O N ov\4 cf-a te--t-o ks s h a i a ppear-o h -the -p _ at, 1. Property -e - + ate: ers.Fone &bre owners in &-O$ t dam -hereby subdivide-the . � as shown on the att-a-Gheek -oerty is located in the also intended toprovide-are and uses by special review. (S4gnature)- (fillir~� - s for the co -n ucPo Typed or printed name !Typed or printed name Sta ) -emu-n-6y of VVe 1 -d -)- The- o -r a e rig -ea -tie 7 20 _ s -app . : Y d-�-rope, -( -u-n4 a-�h- -tone disc -rte. her uses- -i-ght, ace 9 ryae 'oree nn ` i-s _ %2 �+ E ➢ e r 9 9 i aJ _ y---c-ornrission-expires W One s -s -m -y hand a n q a! Notary P n kjj 2. Ea -s n e E - .�,: Th�ertificafe sh ll eus the proposed -1 -o -o ®� et��-.—T p a��en-t. y-un ers-�-ned, do h eso-b-ed h -re0n, � sen Ignature) day !-is ri ct nd s �;�a semen` crosses any -of so icy ntif a�l e -benefited riot and far -the -benefit of the property(ies) shown— t r` "e-�p ss hew n o - i e her on nature) _ lyped or printed -name e d or printec�e a -urveyir g Q -rk icate: j PAGE 98 2020-2958 Old®2020-16 I, of- fu he a Registered Professional Land Surveyor in the State made under ereof. all applicable rules, regulations rat• fnr fessional Land Surveyors, and Weld County. d Surveyor Date 4r- - f-� cato of A -val- the trativ-eReview Tuh-i-s p 4-i s accepted an -d -a are ed -the De -true n -t --o' _ Riaraidg Se 1 ces- -i- i-n-g . Di State of Colorado -)-s-s—. - Gou-n4y of Weld) The foregoing certification was acknowledged before me this day of , 20 County, State of Colorado. Witness n and Mur''t r, °-o ers: ate -seal of We- d County this day of A.D., _ 20 Chair, Board of -Canty Commissioners ATTEST: Date _ {V-Ve1d County -Code O i-n nce400' -4 NSC u nti-Code Ordinance 2002-9) PAGE 99 2020-2958 ORD2020-16 GeFtificate of Approval by theaard of Count This p'al is accept County, State of Colorado. Witness my hand and the corporate seal of Weld County this day of A.D., 20 _ ATTEST: By: Deputy Clerk to the Board Date (Weld County Code Ordinance 2003-10) PAGE 100 2020-2958 ORD2020-16 MST T RV OF SURD VcSiON Ot' DINANCES AND AMENDMENTS September 20, 1961: The first Subdivision Regulations were adopted in Weld County. Subdivisions required approval of the Planning Commission and Board of County Commissioners. October 14, 1964: Subdivision Regulations were amended to include design standards, submittal requirements and procedure. August 30, 1972: Subdivision Regulations were amended to comply with the Senate Bill 71-0035 (now C.R.S. §30-28-101, et seq.) requiring counties to regulate the subdivision of land in which parcels resulted in less than thirty-five (35) acres. December 15, 1992: Weld County Subdivision Ordinance No. 173, was adopted, which replaced the previous regulations. December 28, 2000: Weld County Subdivision Ordinance was codified as Chapter 24 of the Weld County Code, which replaced the previous regulations. A u U C E II GENERAL PROVISIONS Sacr 2 4 4 This Chapter shall be known and may be cited as the Weld County Subdivision Ordinance. Seca 244-20, -Authority, Jurisdiction and Enforcement. A. The County is enabled by law to regulate the subdivision of unincorporated land within the County limits by virtue of Title 30, Article 28, C.R.S. B. Divisions of land in which all resultant parcels of land are at least thirty-five (35) acres in size,. and have not been previously platted, do not require County approval and are not within the purposes of Article 28 of Title 30, C.R.S., pursuant to Subsection 30-28-101(10)(b), C.R.S., and therefore, are excluded from the definition of subdivision or subdivided land and from complying with the subdivision procedures and requirements set forth in this Chapter. C. Unless exempted from the definition of "subdivision" in Section 24-1-40, any subdivision of land which does not comply with this Chapter 24 shall be considered an illegal subdivision, and any resultant parcels may be considered illegal parcels. D. Divisions of land created by Court action shall be recognized as a legal division of land and are exempt from Weld County land division processes as long the Board of County Commissioners is given timely notice and an opportunity to object to such action. Further, divisions of land which are or could be created by the exercise of eminent domain are exempt from this chapter. In the absence of an appropriate court order, the Weld County Department of Planning Services may, after consultation with the County Attorney's Office, provide a letter of determination that a proposed land division could be created by eminent domain and, therefore, is exempt from the requirements of this chapter. E. Any person, partnership or corporation intending to subdivide land, as defined in Section 24- 1-40 of the Weld County Code, shall follow the procedures outlined in this Chapter for review and aooroval before any land division plat may be recorded with the County Clerk and Recorder. PAGE 101 2020-2958 ORD2020-16 F. It shall be unlawful to file a subdivision plat with the County Clerk and Recorder unless a notation has been made on the plat by the Board of County Commissioners or appointed representative certifying that it has approved the plat in accordance with this Chapter. G. The chief administrative officer for processing, reviewing arc evaluatingproposed subdivisions of land, and for advising the Planning Commission and the Board of County Commissioners concerning their approval or denial shall be the Director of Planning Services or the Director's assignees herein called the `Planner'. H. The Planner shall maintain a numbered filing system for all subdivisions, including all application materials, maps ano actions and shall be made available for public use and examination. Tne Planner shall have the authority and be required to review all subdivision applications, and shall advise subdividers, the Planning Commission and the Board of County Commissioners of compliance and noncompliance with this Chapter. J. The Planner shall have the authority and shall be required to make a written Staff Report on submitted land division applications. The report should provide a summary of the application, address referral agency and surrounding property owner comments, evaluate land division criteria, provide conditions of approval, map requirements and development standards addressing land use compatibility, mobility, utilities, and environmental conditions. The Planner review shall include an evaluation of the proposed land division in relation to the Weld County Code and Comprehensive Plan, as amended. K. In reviewing subdivision applications, the Planning Commission and Board of County Commissioners shall ensure that the intent and requirements of the Weld County Code, as amended, are followed. �. The Board of County Commissioners shall have the authority to remove, amend or add conditions of approval and map requirements to the plat. M. A map showing the location of all recorded land divisions referenced in the filing system is maintained in the Weld County Assessor Property Portal. Sec. 24-1=30. o Statement off Purpose. A. The Weld County Subdivision Ordinance seeks to manage growth in unincorporated Weld County in an orderly and efficient manner, promoting the health, safety and general welfare of the residents of the County, and encouraging well -planned subdivisions by establishing adecuate standards for design and improvement. The variety of land division options encourage urban -scale development to be located closer to municipal boundaries and less dense divisions of land to be located in the rural areas of the County, where compatible. B. Orderly and efficient development is achieved by: 1. Promoting the health, safety and general welfare of the residents of the County. 2. Preserving productive agricultural land. Encouraging retention of irrigation water associated with a farm or ranch. 4. Coordinating with municipal growth management and public transportation plans. PAGE 102 2020-2958 ORD2020-16 5. Establishing standards for design, improvements and utilities. 6. Requiring adequate potable water and means of sewage disposal. 7. Providing adequate land dedication for schools, law enforcement and emergency services. 8. Providing uniform procedures and standards. 9. Recognizing standards for survey monumentation and plats. 10. Preserving open lands and promoting the natural beauty of the County. 11. Controlling erosion and protecting surface and subsurface waters from pollution. 12. Limiting potential loss and injury from natural disasters. 13. Preventing flood damage to persons and properties by regulating development in special flood hazard areas. 14. Discouraging development in areas with limiting site factors including, floodplains, wetlands, geologic subsidence areas, wildlife habitats and topographic constraints. 0. m Definitions. For the purposes of Chapter 24 and 27, the following words and phrases shall have the meanings stated in this Section: Access: The place, means or way vehicles or pedestrians shall have safe, adequate and legal ingress and egress to a lot, trail, open space, off-street parking space or use. Aliquot: A tract of land described as a subsection of a larger part of land in the Public Land Survey System. Alley: Service roadway providing a secondary means of public Access to abutting property and not intended for general traffic circulation. Service access to the interior of blocks may be permitted upon approval of the Board of County Commissioners. Applicant: The owner of a parcel of land or authorized agent submitting an application for development. The fee owner may authorize an agent to sign an application. See also Property Owner. Aquifer. A water -bearing layer of sand, gravel or porous rock. Block: A block is the smallest unit of land development within a subdivision that is bounded by roads, public lands, waterways or any other defining boundary. Blocks are comprised of two (2) or more platted lots, usually in private ownership and form the basic grid or curvilinear pattern of the development. Board: The Board of County Commissioners of Weld County. Building Envelope: The three-dimensional space within which a structure is permitted to be built on a Lot. Buildings defined as an Agricultural Exempt Building in Chapter 23 of this Code are PAGE 103 2020-2958 ORD2020-16 exempt from the requirement of being t oo&red the building envelope. e sp cfic zone d stroots addressed un th s Code sha aBso be fo owed. e l o reo uftements for Bulk Requirements: Staidards and co to0s that estabOosh the maximum size of structures o y a Lot and the bufda bDe asea wThn which the str L cta re can be 0ocated, Lott coverage, setbacks and offsets, reoght, Hpervoojs su lace ratio. f 00 Comprehensive Plan: The adopted Weld County Compreh on Chapter 22 of this Code. a e rea ratio and lard roguoromen s. save County Road, Maintained: A Coy a uty -maintained paved orP grave standards. County Road, Non -maintained: A roadway tnat is not F•Ti a _ ntaoi , as amended, contained roadway that meets County road ed9 by9 Design standards, subdivision:Specific subdivision annprovenneh vt reg ArficDe 00. Development, Non -urban Scale: DeveOopments comprised _ of none of develop ments are on v permitted outside of 0 ne n e County. Chapter rements. See 24, or fewe (1) rae of a nruncipa r lots. These types boundary. Nor -Juan scale developments requ re a public water source_ and fouCQ fiQ or private sewer systems. 0 nerna0 paved roads and storm dra onage may be required. Development, Rural Scale: Rural scale developments reg uore a potable water source, Ovate sewer syste agricatral v Pu nd onerna roads. nis dleve]op me nt type 00ows ren . J hong areas to be ut v ruses, open space and envfronf nontaH conservation. Development, Urban scale: � Sese types of deveb of mJnoco ae bounoar or \Atkin a Coorddonayed o ed for pments are onlyjpermotted w thou three 3_ moles 0aninongArea (_CPA U tan scale deveDoroments fled dire a public water source, public sewer system connection wnere fens&b o onterna laved roads, common open space and storm drainage. /s1osWon: A co tact fo P sale rest, 0tong Dn the transfer of egthtabDe title to an interest on subdivided -ivided land; an option to (Di chase an llrterest an subdivided land; a lease or an asiognment of aH interest an subdivided land; or any otter conveyance of an interest on subdivided land whoc}n is not made pursuant to ore of the foregoing. Double Front age: A Lot to C t fronts pon two (2) oar Hell streets, or a Lot that fronts upon streets that do not intersect at the boundaries of the Lot. Drivew ys: A private roadway _ (providing access to a street or Wo (2) road. Driveways shall not be permitted to rave ofirect access to arterial streets. Only one (` ) access os per Knitted per rew Lot. A second access may be permitted to internal subdivision lots onto internal subdivision roads only. A ddrovewals sha be ©fey the internal subdivision road system rya sement: A right to use land generally, estab on areco rded at to fie mot the use of a d shed in a real estate deed, proveagreement or / the public, a corporation or parkuOarr persons for swocofoed uses. Evidence: A `f ma �, to Colo char, co tact or any other document or testomo ny repared or certified by a qua0ofied person to attest to a specific c aim or condtoon, vvhch evklerite mHst be i e0event and competent and mast supipor: the position \--aan:aoned by the subdivider. PAGE 104 2020-2958 ORD2020-16 Final Plat: A survejted map and suopoiinq materials of certain described lard _ prepared in accordance with Chapter 24 as an instrument for recording of real estate interests with the Coyo -ty C e nk and Recorder. Historic T ownsibe: A group of lots, tracts, or parce s of and created .oy recording a a at or map whic'r\ shows the Coon rd cries of such lots, t Pacts, or parcels and the origina parce from which they were created recorded prior to September 20, 1961. Historic Toviinsite includes al property within such p at am rap, wheer oP not amended a and prop.er ty removed from said p P esubdivided by subseq ent at or niap, except for at Or map with approva by the Board of county commissioners. im, rovements Agreement: Ore 1) or rare securiev arrangements which ray be accepted by the Board of County eornmissoo Hers secure The cor struction of ofd -site pub is improvements orQ improvements within the proposed subdivision deve oome it. Any such agreement or contract sha be made in con orrnance wit'n the County requirements for con tera1 for improvements per Section 2-3-30 of te weld County Code, as amended. Intersection- The I,cation where two or more ro dwa crop pr ide witout _ C riel fie. A ©cal street shy 11 rot intersect an a ieriall street A col ector street shall rot intersect an arterial street at interry s of less tnan one thousand tires hundred twenty 1 320) feet (mile). An ' iterval may vary due to parcel size irmitatiors and wou d be sub -eat to approval b he Board of Coil Co r1r issiorers. f he adec L acy of access wi be evaluated according to the desia n stare ards and SPecl ications found in the weld count Ergineeriro a nd construction criteria document Siflowr 1 ern Appendix 8-Q. Sight distance troy ngles sal Coo provided at a orate Asecto. Local goverment: Any county, city and county, cit or town, whether statutory or ho a a eti� � � throe itsgoverning body or any board co 0 oroval authority over a site -specific devels oment empowered urban renewal authority. 0 missoon or apenu U uereouy e r le-, navinq fina an, including without limitation anj way Lot: A con + icoous tract or parcel of land in unified ownershia, wib defined bou diaries, described by lard survey at or subdivision plat recorded with the weld County Clerk and Recorder. A lot constitutes the basic unit of deve ooment. A lot is used or intended to be used by prAincifp e and, accessory uses, and structures. A lot sna not be divided by deeded right -of way inc uding an oub is wa street or alley. A lot must meet the o eguo is boated and must nave access to a pub re merits of the zoning district in which it is street or an approved private street. Lot, Buildable: A legal lot on which it is possioe to design and construct a ouolding in compliance with applicable rme air?er ecn f is code and with any valances gr e l by the Soard of Adiustrnen . A legal lot may not necessarily be a buildable lot. Lot, Legal: As used in this Chapter, the term lei?allot sha . lot within a Historic Townsite. b. A lot created prior to September 20, '96 Regu ations ` •,r Weld County, Colorado. refer to any of the .0 d S prior to the ado own otion of the Official Subdivisio c. A lot created between September 20, 6 961, and December' 5, '992, in corp iance with the offic ia0 S . ,divisor legit adorns, we d County, Coorado, as amended ('BfePre J to as • the "Weld count/ subdiv'sion Regulations"), and ii conformance with the bulk requirements and of -er regu ations ar the zone district where the lot is boated. PAGE 105 2020-2958 ORD2020-16 d. A lot created be ween Decemoer 15, 1992, and December 28, 2000, in compliance with the Weld Count" JbdivisiouOrdinance, Ordinance No. '73 as aame <<ded, as Fd• in conformance with the bulk red the lot is located. irements and other regulations of the zone district w ere e. Any lot created after December 28, 2000, in compliance with the Chaoter 24 of the Weld County Code and in conformance with the bulk requirements and other regulations of the zone district www-ere the lot is ocated. Manufactured home park: A parcel of land used for two (2) or more manufactured name rental stalls. No new Mobile or Manufactured home parks are permitted in Weld Count f. Manufactured home subdivision: A parcel of land divided into two (2) or more manufactured home lots for sale. Manufactured home subdivisions may be permitted in the County. Municipality: An incorporated city or town. Off-street parking space: A parking space provided in a ,parkins lot, parking structure or private driveway for a motor vehicle that is not located on a dedicated road right-of-way. On -street parking space: A parking space for a motor vehicle that is located on a dedicated road right -of wa. . Parcel: A tract of land acknowledged by the Weld County Assessor's f~fice. A parcel may not necessarily be a legal lot or a buildable lot. Parcels of land are typically cescri'oed 'oy metos and bounds or as aliquot parts of a section or sections and may also include platted lots. See also Lot, Buildable and Lot, Legal. Permanent monument: Any geodesic marker permanently placed on or in the ground, including those expressly placed for surveying reference. Planner The Board of County Commissioners appointed Director of Planning Services or assignees of the Director. Planning Commission: A volu rat ary advisory board appointed by the oard of County Commissioners. The Planning Commission shall provide recommendations to the Board of County Com- dssioners concerning the disjposition of the requested change. Planned Unit Development (PUD): A zoned and platted development which includes an area of la ldl controlled by one 1) or more landowners, to be developed u racer unified control or ..,nitied Alan of development for a lumber of purposes including residential, commercial, ind past -ial, educational, recreational 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 the existing land use regulations. See Chapter 27 of the Weld County Code. Property: All real oroperty sub ect to land use re ulation by a local government. Property Owner (Fee Simple Owner): Any owner of a legal or equitaale interest in real property and includes the heirs, successors and assigns of such ownership interests. See also applicant. Public Land Survey System (PLSS): The adopted surveying method developed and used in the United States to plat, or divide, real property. This system describes land via Section, Township a id Range and their aliquot 0 arts, each with their own baseline and PAGE 106 eridian t nat cont 10 2020-2958 ORD2020-16 descriptions for a defined area. Weld County is located within the 6th Principal Meridian of the PLSS. Public purpose: Areas for the benefit of the community and County as a whole. Areas for public purpose may or may not allow public access. These areas shall serve a public purpose by providing for the protection of environmentally sensitive lands, agricultural practices and scenic areas or corridors. Public sewer Transmission, storage, treatment, collection or distribution facilities which are constructed, operated or maintained by any group, organization, district 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. Public water. A central water supply system provided through a municipality, water district, water company or association for supplying water, which is designed to meet the minimum recuirements of the Safe Drinking Water Act (SDWA), 42 U.S.C. §300f. Public water includes a central water supply system providing water from one or more wells to all lots through a single connected system of pipes and facilities, and which meets the requirements of Section 24-3-70. B of the Weld County Code. Range: A measure of the distance east or west from a referenced principal meridian, in units of six miles. Also see PLSS. Resubdivision: A process used to create two (2) new lots or to modify lot lines within a recorded subdivision plat or within a map or plan filed prior to adoption of the County Subdivision Ordinance. Resubdivisions shall not include changes to Planned Unit Developments or those lands which require a Lot Line Adjustment to modify. Reverse frontage: A lot that is not accessible from one (1) of the parallel or nonintersecting streets upon which it fronts. Right-of-way: A portion of land dedicated for a specific public use and may include, but not limited to roads, ditches and utilities. Road/Roadway: Public or private infrastructure, such as a street, boulevard, parkway, or highway, available to the public providing for the use of vehicular, bicycle, and pedestrian travel or transportation and designed to include travel and auxiliary lanes and shoulders. Road Maintenance Agreement: See Improvements Agreement. Site: The tract, lot or parcel of land, on which the application is proposed. Site -specific development plan: A Minor Subdivision final plat, Rural Land Division final plat, or Resubdivision plat which has been submitted to the County and has received approval by the Board of County Commissioners. No other type of subdivision application shall be considered a site -specific development plan. Sketch Plan: The map of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with requirements of Chapter 24, to permit the evaluation of the proposal prior to detailed engineering and design. Section: An approximately one -square -mile of land. There are thirty-six (36) sections in a township of land. PAGE 107 2020-2958 O RD2020-16 Structure: An /thing that is built, constructed or erected, an edifice or building of any kind, or any piece of work artnciafy buih up or composed of °arts joined tgether in some definite manner, but not including fences or walls used as fences less than six (6) feet in hei nt polles lines, cables or distrin for fad hes of public itilities. Structures shall comply with regi remcits set forth in Chapter 23 of this Code, including required zoning setbacks and offsets and shall be installed in accordance with the bui din requirements set forth in Chapter 29 of his Code. Subdivider or developer A who shall y person, firm, partnership, oint venture, association or corso ation aricipate as •vvner promoter, developer or sales agent in the planning, platting deve opment, promtion, sae or ease of a subdivision. See also applicant. Subdivision or subdivided land: Any parcel of land ir the unincorporated CoL rty whicn is to be u seo for condominiums, apartments or any other multiple -dwelling units, unless such lard when previously' subdivided was accompanied b. a filing which cornro ied with these provisions aid with suosta.ntialy the same density, or which is divided into two (2) or more parcels, separate interests o r interests in coylmon, unless exempted under the following subsections. Interests seal inc ude any and all interests in the surface of lanc (hut exclude any and all subsurface interests. Jnless the method or disposition of prope.'-�y _ is adooted for the purpose of evading these subdivision regulations set forth V this Chapter, the terms subdivision and subdivided land shall not apply to any division of lane`: a. Which creates parcels of land, such that the land area of each of the parcels, whe i divided by the number of interests in any such parcel, results in thirt\ hie (35) or _ more acres per interest; b. Which could be created by any court in the State pursuant to the law of emo� Lent domain, oy operation of law or "oy order of any court in this State if the Board of Count/ Con 'rdssioners is given ' ir7ely notice of are such Dendinc action by the court and given opportunity to oin as a party in interest in such roceeding for the purpose of raising the issue of evasioi prior to entry of the court orcer; and, if the Board of County Commissioners does not He an appropriate placing witin twenty (20) days after receipt of such m.otice by the court, then such action may proceed before the court_ c. Which is created by a ien, mortgage, deed of trust or any other security instruments: d. Which is croated b a security or unit of interest in any investment trust reguuiated under the laws of the State or any other interest in an investment entity; e. Which creates cemetery lots; Which creates a- interest in oil, gas, minerals or water which is severed from the surface ownership of areal property Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in commo ni, and any such interest snail be deered as only one (1) interest; h. Which is created by The combination of contiguous parcels of land into one (F ) larger parcel. Of the resu tint parcel is less than thirty-five (35) acres in land area, nly ne (` ) antorest ir said land snal area, such lad be showed. if the resulting parcel is greater than thirty-five (35) acres in land d area, divided by the number of interests in the resulting parcel, mast rest dt PAGE 108 2020-2958 ORD2020-16 in Mitt -five Q5) 0 more acres poe interest. asoments and righls=of way shaDD no be considered interests; o. Which is created by a contract oor ccorrin,� tre sae o`u and which is oontiU igent upon the o,rch1aser's ootainUng approva to suocdnnoo, PUrsLth v .iris Cnapter and afw apro00c bOe CCourtn rocjuDations, tre ard wnUc e purchase- Os to acquire pursuant to tre; contract; end VAN& is created Co) agreement to resolve once bounder agree rig each p acco act rt a fl nty, doubt or cone iC regarding a co ni on fa A boundary may be dDetormirodD and perranerfly established by w nor e l of a D pates affected. ire agreement r u must be signed ard acknow edged by ooertlf owror as roouoirod for conveyance of roa0 estate. The agreement mist be maned by a p reemont shy at showinc the be roco rded as 0 seso c st ition of the boundanf in question. The p at and rumnort affectirg Pea es/t-ce and sr a Coo binding upon heirs, siccessors and assigns. Township: A square ,nit of ✓ old Cbeirg appro Uma ey tnir') osix (06) square mil es or a moas, ro of the &stance nor1n or soLtr eU ronn a referenced baseline, a mats of six rim es. Also see PLSS. Utilities Coordinating Advisory Committee: A vo L, n ta r f _ advisory board a o okited by the Board o f County Co nissioners. The Utilities Coordinating Advisory Committee shall rovio\iv 2 subdivision pOsts for cork- r.anoo with estab ishod9 Must standards for the o acemo t of utieffies within subdivisions. AOso known as the Utffity y Hoard. Vested or.party right: T under 0' o terms ao 'd9 co Through Traffic: subdivision. to right to undertake and complete the development and use of property Etions of a site -specific development [limn. raffio associated with the general avoling oca street shad Street, cul-de-sac: A oca 3 ablio and not associated with t be designed so that its use by I urot eon c street that toominatos in a vo 111 Cu ar to rai1ccwU naraund, Street, stub. A ono ^=000rm nont dead-end street intended to be evdopment on the adaoen , Darted or un access oo -to a stub street. Not temp ®rC `r `� cul-de-sac las beer Street, through: A col re 0 0 be dUscour'aged. extended as pad of future atted land. Orgy lots with the subdivision nay nore the` ---in six (6) lots shall fro designed according to Coy ii ]t f it on a stub street exceot wrore a regu anions. ector or arterial street that serves more that one noogh oorhood or ca rigs all traffic. Local subdivisin streets shall be dosig reed to oft fluff n s a through street. ARICU COXFORINA C S rA DA ADS Seca 24-24 0 = Conformance vvoth sIdsz ono County recy ufl aUons. and being sub9ividod shall conform with C naroters 22 and 23 of los Code a rose utions and regulations in effect inn the County. Sec. 24-,-20. a DD eocarsiao Acceotance of dedication of proposed roads, rights -of -way or �pubhio and inn a d other o n app rdinances, oved ola n, can be made on y by the Board of County CCornrnissioncrs. The approva of a colas srs 00 not be deemed as acceotarce of dedcateo9 roads o -r pub io arils for Graf ie nanoo by the County. Aa hte narce of siCh roads or ands by the County may ofrTh y be made at the discretion of the Board of County Comrthssiorers per Section 8-6-'50 of the Weld Coirt f Code, as amended. The Board of Count Core missio.nors may dec i no 'o continio sigh mahtenarce at any time. PAGE 109 2020-2958 ORD2020-16 Sec. 24-2-30. - Sale of land by subdivider. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider or developer from selling, agreeing to sell or offering to sell subdivided land before a final plat for such subdivided land has been approved by the County in accordance with this chapter and recorded with the Office of the Weld County Clerk and Recorder in accordance with Section 30-28-110(4), C.R.S. Sec. 24-2-40. - Improvements Agreement. The subdivider, applicant or owner shall submit a signed subdivision Improvements Agreement agreeing to construct the recuired 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 of the Weld County Code, as amended. Approval of the Improvements Agreement will be a condition of approval for the subdivision and shall be approved by the Board of County Commissioners prior to recording the subdivision final plat. Sec. 24-2-50. - Dram qe Facilities. If the subdivision is located in a planned drainage basin pursuant to Section 30-28-106(3)(d), C.R.S., the subdivider, applicant or owner may be responsible for an equitable contribution to the total costs of the drainage basin facilities. The contribution of a subdivision may be calculated on a per -acre basis and secured in accordance with the County policy on collateral for improvements. Sec. 24-2-60. - Location/Site Improvements Certificate. A Location or Site Improvements Certificate including ad'acent rights -of -way certified by a Professional Land Surveyor registered in the State of Colorado will be required in conjunction with Building Permit applications for a lot in a Historic Townsite or subdivision, and may be required for any lot lacking survey information of sufficient detail to determine precise lot location or improvement location, size, configuration or other necessary information as required by the Department of Planning Services. ARTICLE III SUBtIVISI N DESIGN STANDARDS Sec. 24=3-10. ® J ®rnpliance required. All subdivisions approved by the Board of County Commissioners or appointed representatives shall comply with the following general standards: A. Hazardous conditions such as landslides, mud flows, rockfalls, mine subsidence, shallow water table, open quarries, floods and polluted or non -potable surface water shall be identified and mitigated by the subdivision and construction plans. B. A subdivision shall address topography, water bodies, Conservation Reserve Program (CRP) lands, vegetation, floodplains, geohazard areas, Municipal Separate Storm Sewer System (M54) and airport overlay district. C. A subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions with respect to the alicnment of road rights -of -way, utility and drainage easements, trail corridors and open spaces. D. All subdivision plats shall be certified by a Professional Land Surveyor registered in the State of Colorado. PAGE 110 2020-2958 O RD2020-16 E. All construction drawings shall be c reated in _ corm olia nee wi h the current weld C LA nt Hngineering and Cars ruction Guidelines ('WCECG), as amended and shall be stamped by a 1'rOlessoonal Engineer registered in the State of Colorado. Sec. 24-3=20. = Road sty o'i ardso A. The desiq a criteria are intended to aid in he pre oarafro �� of subdivision pans. These design critewia are considered minimum, and a compete design may require more suostance. n these cases, the Oeoarirnent if Pub is Works sna D worK witn the applicant in determining appropriate standards for site -specific applications. AM roads within subdivisions and Harmed Unit Develoornents sl 'oe designed and corrstruc:ed in accordance with the WCI-CG and in addition tic following standards: 1. Road Plan. l _ he arrangement, extent, width, type and location of all roads are classified based on their fu fiction and whether they are urban or rural. Roads shat be designed based on these classificati0rns and in relation t0 existing or planned roads, topographic conditions, ouolic convenience and safety, and tke proposed use of I tec. Roads shall be extended to the boundaries of each lot. AM lots shall have access to a public internal roadway. 'his internal roadway is a se oarate parcel and noyoart of the residential lots. See Appenc ix 8-0 for design guidelines for new road construction. 2. Road cross -sections for arterial, collector and local streets are presented in AoQendix 8- Q Roadway Cross -Sections. These standards delineate right-of-way widths, lane configurations, median treatment, bike lanes and pedestria n sidewalks. nnprovements t0 the nterstate and State higa away system are determined and managed 4. by the Colorado Department of T ransp.rtation. a. alf-roads shall not be permitted, except for the following: A half -road is required to complete a half -roan already in existence. Co. he subdivider obtains for the County a dedication from the abutting landowner of the other one-half (1/2) of the road t complete a Minimum right-of-way width standard. C c' —he subdivider obtains from the abutting landowner, municipality or Co„ nty, an agreement in a form satisfactory to the Board of County Commissioners which guarantees the cost of the improvements and construction of the same the heft - road within a time suitaole to the Board. l _ he subdivider guarantees the construction of the improvements on the half -road serving the sicdivison. 5. Dead -el d roads shall not ae 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 -rive r'65) feet radius or more, and the outside curb or oavement edge radius must be fifty (50) feet or more. Maximum cul-de-sac length between intersects nq, streets shall be one thousand five hundred (1,500) feet. This distance shall be measured from centerline to centerline. 7. No more than two (2 roaos shelf intersect at one VI ) piint. Two_2) roads meeting a thiro road from opposite sides s na meet at the same point. Offset roaos shall sot be a lowed PAGE 111 2020-2958 ORD2020-16 unless approved by the Board of County Commissioners. This requirement shall not apply to the alignment of cul-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 the greatest extent of the existing and future rights -of -way or access easement for both parallel roads. Screening to reduce right -side headlight glare may be required. Screening type shall receive approval 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. Site distance triangles shall be compliant with the American Association of State Highway and Transportation Officials (AASHTO) Green Book. 11. Roads shall have the names of existing roads which are in alignment in the County or in an adfoininq 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. 14 Traffic count information and projections for use in geometric and road design shall be in accordance with 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 If a subdivision that adjoins or contains an existing or proposed arterial road as defined in Chapter 8 of the Weld County Code, the development shall be required to provide local roads to serve individual proposed lots. No direct residential access to a section line roadway or arterial shall be allowed. 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, commercial and/or industrial land uses, adecuate parking shall be provided per Chapter 23, Article IV, Division 1 and Appendices A and B of the Weld County Code, as amended. 18. All Road Construction Standards shall be in accordance with the WCECG. Sec. 24-3-30. - Sidewalks, curbs and gutters standards. A. Sidewalks shall be constructed within urban -scale developments and shall be a minimum of five (5) feet in width. Curbs and gutters shall be constructed based upon recommendations of the Institute of Transportation Engineers, the Federal Highway Administration and the United PAGE 112 2020-2958 ORD2020-16 States Department of Transportation. Multi -use trails, paths, or sidewalks shall be a minimum of ten (10) feet in width, especially adEacent to arterial roadways. B. Where blocks or lots exceed one thousand (1,000) feet in 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 width shall be placed within the pedestrian access easement. Sec. 24-3-40. -Block standards. 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 saz standars. A. All lots within a subdivision shall meet the minimum regulations established by Weld County. B. The size of commercial and industrial properties shall provide off-street parking, landscaping, screening and loading areas as required by the underlying zone district. C. The minimum area and dimensions of the lot shall conform to the requirements of the underlying zone district. D. No single lot shall be divided by a municipal or county boundary line or zone district. E. A lot shall not be divided by a road, railroad, ditch right-of-way or by another lot. F. Each lot shall be provided an adequate access to a publicly maintained roadway. G. Corner lots shall accommodate the required building setbacks and easements for both road frontages and the site 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 streets or commercial uses. J. 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. For access and culvert information, see Chapter 8 of the Weld County Code, as amended. Sec. 24-3-60. o Easement standards. A. Fifteen (15) feet minimum drainage and utility easements are required adfacent to public road rights -of -way, unless otherwise recommended by the Utilities Coordinating Advisory Committee for technical purposes. B. Twenty (20) feet minimum drainage and utility easements are required along internal lot lines and shall be apportioned equally on abutting properties, unless otherwise justified by the Utilities Coordinating Advisory Committee for technical purposes. PAGE 113 2020-2958 ORD2020-16 C. Ten (10) feet minimum drainage and utility easements are required along exterior lot lines, unless otherwise justified by the Utilities Coordinating Advisory Committee for technical purposes. Corner exterior lots requires fifteen (15) feet. D. Easements shall be designed to provide efficient installation of utilities and drainage swales. Proposed easements may be modified by the Utilities Coordinating Advisory Committee. Public utility installations shall be located to permit multiple installations within the easements to avoid cross connections, minimize trenching and adequately separate incompatible systems. Sec. 24-3-70. - Potable Water Supply standards. A. The proposed subdivision shall provide an adequate water source and shall comply with any requirements of the underlying zone district. B. 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, the applicant must provide evidence of an adequate water su o oly and ability to serve the land division. If a new public water su o Dly system is proposed, the applicant shall provide a certified letter from the State Engineer stating that proper water rights have been acquired, or a proper nontributary source is available for the future use, prior to approval of the land division. 3. The public water supply system shall contain mains and laterals of sufficient size and number to provide an adequate water service for each buildable lot and/or lots requiring water. C. On -site Potable Well Water Systems. 1 Individual well water supply criteria are detailed in the Rural -Scale Planned Unit Development submittal requirements per Chapter 27, Article X of the Weld County Code, as amended. 2. Subdivisions proposing to be served by individual water wells or a community well system shall • rovide a re •ort which shall contain a s `ecific section on •round water • eology prepared by a qualified ground water professional or engineer registered in the State of Colorado for review 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. The probability of success of wells or on -site su o ply systems throuc bout the pro posed 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. e. The expected quality of the anticipated water. PAGE 114 2020-2958 ORD2020-16 f. Any expected significant problems of a long-term supply, including but not limited to, pollution or long=term maintenance of sucn wells or systems. q. The anticipated cumulative effect of such water use on other vested water rights in the area h. —he report shall include such other information as requireo o the Planner, Environmental Health Services, Planning Commission or Board of County Commissioners. 3. if an individual well is proposed to serve a single subdivision lot, the subdivider shall permit the well prior to sale of the lot or shall provide a deed r estricio�n that as condition of sale of each lot, that the well facilities be permitted and installed by the purchaser of the lot. Sec. 24-3-80. o Sewage n sposall standards. A. he proposed subdivision shall provide an adequate sewage disposal method and shall comply with any requirements of the underlying zone district. B. f a subdivision lot or related community amenities will be serve() by a sanitation district the management component of the subdivision such as the Homeowners Association (il-BOA), shall be responsible for monitoring and maintaining the on -site sanitation district improvements. C. Of a subdivision lot or related community amenities will be served by on -site wastewater treatment systems, the property owner or ROA shall be responsible for monitoring and maintaining the systems. Sec. 24-3-90. =3=S00 = Oll u=Sl C e VU as tee Vv ater reatmeMM Systems (OW S) rye ort recwhaerrentso A. Where OWTS are proposed, a Septic Suitability Report conforming to the following stands ids shall be submitted in addition to to Geotechnical Report. The Report shall be prepared Loy a registeredLprofessional engineer licensed to practice in Colorado and shall conform to Chapter 30 of the Weld County Code, as amended. R. T he pffoose of the Septic Suitability Report is to provide information about the soil suitabi ity .no- tree purpose of OVVTS, and the relationship of individual OVVTS to one another. C. The Report shall consist of the following: 1. A map drawn at the same scale as the plan locating all lots, drainage ways, floodplains, steep slopes, surface .And subsurface soils hazards, geologic hazards, depth to bedrock, water table depth and other hazards. 2. Test Pits shall be conducted for no fewer than twenty percent (20%) of the total number of lots in the filing. n cases in which unique aphic or soils conoitiors, such as depth to bedrock, depth to water,, slopes in excess of ten percent (10%), etc. are found, additional tests may be required. 3. All locations not suited for placement of OWTS due to soils, geologic, topograpuic or hazard conditions shall oe noted. 4. Relationship of the VVTS to other OWTS, wells, structures, lakes, streams, irrigation systems and other water forms -n adjoining parcels. Identify any possible hazards. Such PAGE 115 2020-2958 ORD2020-16 identification shall be based on an analysis of the probable effects on the soils, geology and nydrology of the area. Sec. 24-3=100. = (Rife safety recpArements. The proposed subdivision application shall be referred to the applicable fire district for review and recommendation. The Planner, Planning Commission and Board of County Commissioners shall consider the recommendation of the fire district. Sec. 24=3=11t l 0 - 0rrogatOon DD itch rrequfirrementsa An active irri•ation ditch or lateral shall be incorporated within the design of the proposed subdivision. Tie function of the irrigation ditch shall not be impaired. The proposed subdivision application shall be referred to the applicable ditch company or their representative for review and recommendation. The Planner, Planning Commission and Board of Count Commissioners shall consider the recommendation of the ditch company. Sec. 2403-120. = J Qrp©rt Overlay _ W.cfroct rrew remer ts. if a subdivision or portion of a proposed subdivision is located in an airport overlay district area, all applicable regulations of Chapter 23 of the Weld County Code, as amended shall be met. 'The proposed subdivision application shall be referred to the applicable airport for review and recommendation. Sec. 24=3430. ® Spada r Hod Hazard Area rrequorrem ntsa f a subdivision or portion of a proposed subdivision is located in a Special Flood Hazard Area, all applicable regulations of Chapter 23, Article XI of the Weld County Code, as amended, shall be met. The proposed subdivision application shall be referred to the Weld County Floodplain Administration team for review and recommendation. Sec0 24-3440. e GeoCogoc aszard Overlay DD ostrict requarem .ruts. If a subdivision or portion of a proposed subdivision is located in a Geologic Hazard Overlay District, all applicable regulations of Chapter 23, Article V, Division 2 of the Weld County Code, as amendec, shall be met. The proposed subdivision application shall be referred to the Colorado Geological Survey for review and recommendation. Sec. 24=30150. 11 tinned Uft Development requirements. An applicable regulations of Chapter 23, 24, and 27 of this Code . shall apply to Planned Unit Developments. Subdivision Design Standards apply to Planned Unit Developments. Sec. 2403460. pun c sites and open spaces. A. Within a subdivision, the Board of County Commissioners may require the decication, development or reservation of outlot, or the placement of parks, riparian areas, trails, c reenbeVts, c rainage features, community amenities or other features necessary _ for public purposes. The type of use, lot size and residential density shall be considered when determhing lots necessary for public purposes. B. The land set asicc for public purpose may be reserved on the plat, the maintenance of which shall be ensured by soccific obligations in the plat notes affecting the subdivision. PAGE 116 2020-2958 ORD2020-16 Seto 24-34 i 70. = School D stroct requOrrementso A residential s ::division application shall be referred to the apolicable School District for review and recommendation regarding School District requirements. The School District concerns snail be satisfied, which may include the dedication of land or a cash -in -lieu of dedication Payment, pursuant to the requirements of Section 30-28-133(4)(a), C.R.S. Conditions of approva s all be met prior to recording the Final Plat. Sec. 2 =3= 80 Ur ©derrgrround r finrem aMMsn All electric and communication utilit lines ano services and all street lighting circuits shall be installed underground, within easements. The following items are excluded but shall not be located within a sight distance triangle. A. Transformers, switching boxes, terminal boxes, meter cabinets, gas meters water meter pits, sewer manholes, telecommunication pedestals, ducts, and other facilities necessarily appurtenant to such underground and street lighting facilities. • AM facilities reasonably necessary to connect underground facilities to existing or permitted overhead or aboveground facilities. C. Fxisthg and new overhead electric transmission and distribution feeder lines and overhead communication long distance, trunk and feeder lines. D. The replacement of existing above ground utility facilities utilized in the subdivision. Deviations from the requirements shall be permitted only with the approval of the Utilities Coordinating Advisory Committee. Sec. 24=3490. = Geotechicall Report I egfU rnmentso A. AM plans submitted for review shall be accompanied with a Geotechnical Report containing information on the specific items herein. The Geotechnical Report shall address soils and geology and shall be prepared by a professional engineer or geologist, as defined by Colorado Revised Statutes. The Report shall be properly certified and signed by such professional. If any geotechnical items are addressed in other reo0rts, this Report can refer to those reports appropriately. 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 i� the report being rejected for review. 1. Mapping. A detailed large-scale map normally will be required for a report on a tract as well as for a report on a smal er area where the . e�olo,gic relationships are not sim lie. Where three-dimensional relationships are significant out cannot be described satisfactorily in words alone, the report should oe accompanied b one (1) or more appropriately positioned structure sections. The local ions of test hoes and specific PAGE 117 2020-2958 ORD2020-16 sources of subsurface information should be indicated in the text of the Report or, preferably, on the map and in any sections that are submitted with the Report. 2. General information. The Report should include definite statements concerning the following matters: a. Location and size of the subject area and its general setting with respect to major geographic and geologic features. b. Who produced the geologic mapping upon which the report is based and when the mapping was done. c. Any other kinds of investigations made by the geologist and, where pertineit, the reason for doing such work. d. Topography and drainage in the subject area. e. Abundance, distribution and general nature of exposures of earth materials within the area f. Nature anc source of available subsurface information. Suitable explanations should provide any technical reviewer with the means for assessing the probable reliabilit roof such data. (Subsurface relationships can be variously determined or inferred, for example, by pros ction of surface features from adjacent areas, by the use of test hole logs or by interpretation of geophysical data. Different sources of such interpretation can differ markedly from one another in degree of detail and reliability according to the method used.) D. The Report should contain brief but complete descriptions of all -natural materials and structural features recognized or inferred within the subject area. Where interpretaticns are added to the recording of direct observations, the basis for such interpretations should be clearly stated. The following checklist may be useful as a general, though not necessarily complete, guide for descriptions: 1. Bedrock (igneous, sedimentary, metamorphic types): a. Identification as to rock type (e.g., granite silty sandstone etc. b. Relative age and, where possible, correlations with named formations. c. Distribution. d. Dimension features (e.g., thickness, outcrop breadth, vertical extent). e. Physical characteristics (e.g., color, grain size, nature of stratification, foliation, or schistocity, hardness, coherence). f. Special physical or chemical features (e.g., calcareous or siliceous cement, concretions, mineral deposits, alteration other than weathering). g. Distribution and extent of weather zones, significant differences between fresh and weathered rock. h. Response to natural surface and near surface processes (e.g., raveling, gullying). PAGE 118 2020-2958 ORD2020-16 2. Structural features, stratification, foliation, schistocity, folds, zones of contortion or crushing, joints, shear zones, faults, etc.: a. Occurrence and distribution. b. Dimensional characteristics. c. Orientation and shifts in orientation. d. Relative ages (where pertinent). e. Specific effects upon the bedrock (Describe conditions of the planar surfaces). f. Specific features of faults (e.g., zones of gorge and breccia, nature of offsets, timing of movements); defining faults as active in either the geologic sense or the historical sense. 3. Surficial (unconsolidated) deposits such as artificial (man-made) fill, topsoil, stream -laid alluvium, beach sands and gravels, residual debris, lake and pond sediments, swamp accumulations, dune sands, marine and non -marine terrace deposits, talus accumulations, creep and slope wash materials, various kinds of slump and slide debris, etc a. Distribution, occurrence and relative age; relationships with existing topography. b. Identification of material as to general type. c. Dimensional characteristics (e.g , thickness, variation in thickness, shape). d. Surface expression and correlation with features such as terraces, dunes, undrained depressions, anomalous protuberances. e. Physical or chemical features (e.g., moisture content, mineral deposits, content of expandable clay mineral, alteration, cracks and fissures, fractures). f. Physical characteristics (e.g., color, grain size, hardness, compactness, coherence, cementation). Distribution and extent of weathered zones; significant differences between fresh and weathered material. h. Response to natural surface and near -surface processes (e.g., raveling, gullying, mass movement). 4. Drainage, surface water and groundwater: a. Distribution/occurrence (e.g., streams, ponds, swamps, springs, seeps, subsurface basins). b. Relationships to topography. c. Relationships to geologic features (e.g , previous strata, fractures, faults) d. Sources and permanence. a. Variations in amounts of water (e.g., intermittent spring and seeps, floods). f. Evidence for earlier occurrence of water at localities now dry. PAGE 119 2020-2958 ORD2020-16 g. The effect of water on the properties of the in -place materials. 5. Features of special significance: a. Features representing accelerated erosion (e.g., cliff reentrants, badlands, advancing gully heads). b. Features indicating subsidence or settlement (e.g., fissures, escarpment, offset reference features, historic records and measurements). c. Features indicating creep (e.g., fissures, escarpment, distinctive patterns of cracks and/or vegetation, topographic budges, displaced or tilted reference features, historic records and measurements). d. Slump and slide masses in bedrock and/or surficial deposits; distribution, geometric characteristics, correlation with topographic and geologic features, age and rates of movement. e. Deposits related to recent floods (e.g., talus aprons, debris ridges, canyon -bottom trash). f. Active faults and their recent effects upon topography and drainage. 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 results from such extraction. F. The Bearing of Geologic Factors upon the intended land use shall be included. Treatment of this general topic, whether presented as a separate section or integrated in some manner with the geologic descriptions, normally constitutes the principal contribution of the Report. It involves both (1) the effects of geologic features upon the proposed grading, construction and land use; and (2) the effects of these proposed modifications upon future geological processes in the area. The following checklist includes the topics that ordinarily should be considered in submitting discussion, conclusions and recommendations in the Report: 1. General compatibility of natural features with proposed land use addressing the following_ a. Topography. b. Lateral stability of earth materials. c. Problems of flood inundation, erosion, and deposition. d. Problems caused by features or conditions in ad1acent properties. e. Other general problems. 2. Special recommendations: a. Areas to be left as natural ground. b. Removal or buttressing of existing slide masses. PAGE 120 2020-2958 ORD2020-16 c. Flood protection. d. Problems of groundwater circulation. a Position of structures, with respect to active faults. G. All Sketch Plan applications will be submitted to the Colorado Geological Survey for review along with the required Geotechnical Report. Fees as set from time to time by the CGS shall be collected by the Department of Planning Services at the time the Sketch Plan is submitted. Additional fees may be required by the CGS; the 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 shall identify potential impacts to surrounding properties, irrigation ditches and existing infrastructure. The narrative shall reference any drainage exemptions) that the site may meet per Section 8-11-40.1. of the Weld County Code, as amended. E. 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 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 VVork 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 (NOAH, Atlas, or local data) 2) Hydraulic 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) PAGE 121 2020-2958 ORD2020-16 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 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 with the minimum additional requirements detailed below: 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) Urbanizing or non -urbanizing 6) Base Design Standard used for permanent control measure design in the MS4 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: 1) Release Rate Calculations 2) Post construction site imperviousness 3) Hydraulic calculations for proposed drainage improvements (swales, culverts, riprap, pond, outlet, spillway, WQCV outlet, etc.) c. Construction Drawings shall include: 1) Stamped by PE 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. PAGE 122 2020-2958 ORD2020-16 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 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.) -210. ryo .a�f unildpal Separate Storm Sr System (MS4) equrerinof � If a subdivision or portion of a proposed subdivision is located in an MS4 area, all applicable regulations of Chapter 8, Article 9, of the Weld County Code, as amended, shall be met. Sec. 24-3-2208 - Traffic Impact Analysis Requirements. 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 determination of a traffic impact area is done on a case -by -case basis; however, at a minimum the limits 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. 5. 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 of the peak hour traffic on any approach leg of an intersection where the intersection is operating at a level of service (LOS) C or better upon build -out. PAGE 123 2020-2958 ORD2020-16 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. c. Impacts a specific turning movement that currently does not have an auxiliary turn lane by at least 50% of the peak hour volume warrant for an auxiliary turn. S. 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. 50% of traffic will come from the north, 20% from the south, 30% from the east, 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 development or land zoned Commercial or Industrial, any residential subdivision greater than nine (9) lots, or when determined necessary by the Engineer. 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 phases, the impacts shall be analyzed at the point of full buildout of each phase. In no case shall 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 end of the current Regional Transportation Plan 20 - year planning horizon. 4. Identify the existing, approved, and proposed land 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 levels of service for intersections. PAGE 124 2020-2958 ORD2020-16 6. For short-range traffic projections, provide references, calculations and data sources for all trip generation estimates. The trip c,eneration results shall be shown in a table with the following information: a. Land Use. b. Unit of Measurement (for example, per dwelling unit, per 1000 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. 7. Short-range and long-range traffic projections must also include forecasts for the growth in background traffic. 8. Provide trip distribution estimates for the roads and intersections in the traffic impact area. 9. Present the volumes for shod -range and long-range traffic including the oro.ected traffic for the proposed development or land use action for the a.m. and p.m. peak hour and average daily conditions. These volumes must include turn movements at intersection as well as volumes for roads in the traffic impact area. 10. Analyze the adequacy of the transportation system to handle the projected traffic for short- range and long-range planning years. Key elements in this analysis should include: 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 access 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 conclusions and recommendations from the Full Traffic Impact Study, including at least the following items: a. A summary listing of traffic impacts from the proposed development on existing and proposed roads and intersections within the 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. PAGE 125 2020-2958 ORD2020-16 ARTICLE RI - PLANNED UNIT DEVELOPMENT Secfion 24-4-40 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 Subdivision Design Standards per Chapter 24, Articles I, II and III of the Weld County Code, as amended. RTICLE ; - MINOR SUBDLVISIN Sao. 24-5-10. — Overview A. The Minor Subdivision process is for subdivisions proposing a maximum of nine (9) lots, excluding agricultural outlots. The Minor Subdivision is subject to a two or three -step review and approval process. The Minor Subdivision process includes the Minor Subdivision Sketch Plan and Minor Subdivision Final Plan applications 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 24-5-50 of the Weld County Code, as amended and shall be processed after the Minor Subdivision Sketch Plan application and before or concurrent with the Final Plan application. C. A Minor Subdivision may only be permitted under a single Final Plan application. No individual phasing or filings are allowed. D. Lots which are part of a Historic Townsite or any recorded Planned Unit Development or major or minor Subdivision, shall not be divided further by a Minor Subdivision. E. A Minor Subdivision may be considered an Urban Scale Development or Non -Urban Scale Development as defined in Section 24-1-40 of the Weld County Code, as amended. F. The Resubdivision requirements shall be followed when proposing modifications to a recorded Minor Subdivision Final Plat as described in Article IX of Chapter 24 of the Weld County Code, as amended. Additional lots may be created by the Resubdivision process within an existing Minor Subdivision, so long as the overall number of total lots in the existing Minor Subdivision do not exceed nine (9) buildable lots. G. The Minor Subdivision shall adhere to Chapter 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. H. The Minor Subdivision process shall not be used to circumvent the Planned Unit Development process by locating more than one (1) Minor Subdivision ad'acent t0 one another. 24-5-20 - Standards 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 within a Minor Subdivision shall be served by a public water supply system. PAGE 126 2020-2958 ORD2020-16 3. Lots within a Minor Subdivision shall be served by an adequate sewer service. 4. The Minor Subdivision is allowed in any zone district included in Chapter 23, Article III of the Weld County Code, as amended, excluding the A (Agricultural) Zone District. 5. The Minor Subdivision shall only be permitted beyond one -quarter (1/4) mile of a municipal boundary. 6. Any proposed Minor Subdivision must be separated by a minimum of 1,320 feet or one - quarter (1/4) mile, in any direction, as measured from the exterior property line of any existing, platted Minor Subdivision or Rural Land Division. 7. 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. 8. If the average lot area exceeds three (3) acres in size in an Estate zoned Minor Subdivision, no common open space, or recreational elements are required. 9. The maximum number of lots within the Minor Subdivision shall be nine (9) buildable lots, excluding outlots. 10. A Homeowners Association is required and shall be managed by the property owners within the Minor Subdivision. 11. Drainage and utility easements within Minor Subdivision shall follow the easement standards per Chapter 24, Article III of the Weld County Code, as amended. 12. The Minor Subdivision lots shall be accessed via a single internal publicly dedicated right- of-way and shall be privately maintained. 13. All lots within a Minor Subdivision shall connect directly onto an internal public road. No Minor Subdivision shall contain any access easement except: 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. c. Easements to provide lot owners with access to common elements located within the Minor Subdivision. 14. The Minor Subdivision roadway shall intersect with a publicly maintained road right-of- way. 15. The Minor Subdivision internal roadway shall be perpendicular to the publicly maintained road right-of-way. 16. The Minor Subdivision internal roadvvay shall not access directly onto County arterial roads or County, State, or Federal highways. 17. The Minor Subdivision roadway shall be maintained by the Homeowners Association. 18. The Minor Subdivision roadway shall be paved if connecting to a paved publicly maintained right-of-way. The Minor Subdivision roadway may be gravel if connecting to a gravel publicly maintained right-of-way. PAGE 127 2020-2958 ORD2020-16 19. All accesses shall be in accordance with Chapter 8, Article XIV of the Weld County Code, as amended. 20. An Improvements/Road Maintenance Agreement may be required. 21. The Minor Subdivision shall reasonably accommodate the requirements of fire districts, police authorities and other emergency services. 22. The Minor Subdivision shall be designed to preserve prime agricultural land. 23. The Minor Subdivision shall be designed to preserve wetlands, wildlife habitats, historical sites or burial grounds. Sec. 24-5-30. - Sketch Plan Submittal Requirements A. Prior to submitting a Minor Subdivision Sketch Plan application, the applicant shall submit a Pre -Application Request Form and meet with the Department of Planning Services to discuss the proposal. Followinc the Pre -Application meeting the applicant may submit a complete Minor Subdivision Sketch Plan application electronically. S. 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 24-5-20 of the Weld County Code. 4. Deed identifying the surface estate ownership in the property and 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 recuirements of Section 24-3-210 of the Weld County Code. The Geotechnical Report, Colorado Geological Survey Submittal Form and associated review fee will be forwarded to the Colorado Geological Survey (CGS) for review. 8. 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. PAGE 128 2020-2958 ORD2020-16 h. Describe the existing and proposed access to the site. i. Describe the current irrigation practices occurring on the site. Jt 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, railroad, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc. 9. Water Sum Documentation. A will -serve letter from a water district association or municipality that demonstrates the district, association or municipality has sufficient capacity and infrastructure to serve to proposed development. Provide evidence of existing potable water source (water bill or well permit) on the property, if applicable. 10. 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 Subdivision Sketch Plan map shall include the following information: a. Title, scale, north arrow, township, range, section, quarter section and lot numbers. b he layout of lots, 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, drainageways, cropland, oil and gas production facilities, plugged or abandoned oil and gas wells, railroads and any other structure or feature located within the proposed Minor Subdivision. 13. 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. 14. A signed Statement of Taxes from the County Treasurer showing no delinquent propert taxes for subject property. The Statement shall be from the current tax year. 15. A Cultural Resource Inventory. 16. A Drainage Narrative shall be submitted in accordance with Section 24-3-200.A of the Weld County Code, as amended. 17. A Traffic Narrative shall be submitted in accordance with Section 24-3-220.B of the Weld County Code, as amended. 18. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works or Environmental Health Services. PAGE 129 2020-2958 ORD2020-16 19. Application fee. Sec. 24440. o Sketch P ara Procedure A. A Minor Subdivision Sketch Plan application shall be processes according to the following proceoure: —he applicant shall submit a Minor Subdivision Sketch Plan application to the Department of Planning Services for roview. 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 deems necessary. A list of referral agencies is locate° h Appendix 23-G of the Weld County Code, 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 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) da\ s 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 Planning Services and shall be signed by the property owners. Sec, 24-5-50. a Change of Zone A. The Minor Subdivision process may include a Change of Zone application as described in Chapter 23, Article H, Division 1 of the Weld County Code, as amended, and she ) be processed after the Minor Subdivision Sketch Plan application. -f. A Minor Subdivision Change of Zono application may be applied for and processed consecutively or concurrently with the Minor Subdivision Final Plan application. C. If a Change of Zone is a component of the development, the Minor Subdivision Final Plat shall not oe recorded until the Change of Zone plat is recorded. D. The completed Change of Zone plat shall only show the boundar of the awe/ to be changed and no proposed internal lot lines of the Minor Subdivision shall be shown. No building permits snail be issued, and no development shall commence until the Minor Subdivision Final Plat is aooroved and recorded in the Weld County Clerk _ and Recorder's Office and the improvements be constructed per the terms of the Improvements Agreement. PAGE 130 2020-2958 ORD2020-16 H. F. if the Change of Zone is denied, the applicant may not proceed with the Fin G. 6F Pier to submitting a Minor Subdivision Change ac Zone application, the applicant sell submit a Pre -Application Request Form and meet witn arc Department of Planning Services to (Discuss tree proposal. Following the Pre -Application meeting an° acceptance of the items detailed in Section 24-5-50.H of the Weld County Code, as amended, .she applicant nay sibrnit a complete Minor Subdivision Change of Zone application electronically. Prior to sub slitting a Minor Subdivision Cnanoe of 7one applications the applicant sha submit he following items to the Department of Planning Services: A contractual guarantee from the _public water provider to serve the proposed ells ror Subdivision. The agreement shall demonstrate hat the water quality and cuantity are sufficient to meet the requirements of the uses within the Minor Sufodivisio �. DocLmertation shall address tre primary conditions .f service includhg 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 revicwcd a id determined sufficient by the d County Attorney's Office prior to acceptance of the Change of Zone application. 2. A contractual guarantee from the public sar itation provider to serve the pro oosed Minor Subdivision, if applicable. 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. 3. Written correspondence between the applicant and referral agencies addressing tie comments and concerns detailed in the Sketch Plan Staff Re Do t Correspondence shall be submitted for alp referral agencies, including those that did not respond t0 the Sketch Plan app icatior proposal. stateme it that addresses a identified in the Sketch Plan �y potential non-compliance with tie Weld Count Code as staff Report with an explanation of how the issues will oe addressed or _ resolved. Major c anges from a _ reviewed Sketch Plan m ail require a resub n tt a of a new Sketch Plan for the site. The Department of Planning Services is responsible for determining whether a major change exists. 5. Written correspondence between the applicant and representative of the area utility service providers which demonstrates that there are acequate utiliy provisions available ,o serve tee development. 6. A Surface Lise Agreement with mineral owners associated with the subject properb , if aopolicable. Such agreement shall stipulate tha: the of ano gas activities and hard rock minerals on the sublect proloedy have been adequately incorroorateo into the design of the site. Alternatively, the applicant s P� roficr mace ito mm p Seep 24=5=600 0 0 Ricca A. Prior to sd all provide written evidence that an adequate atte ate the concerns of the minera PI S Subrittaili Reqdrernenits [omitting a Minor Subdivision Final P owners on t s mot buect prperty. an app ication, the applicant shah submit a Pre -Application Request Form and meet with the Depart r nt of P aiming Services to discuss the proposal. Followinot the Pre=Application meets PAGE 131 and acceptance , f the items detailed in 2020-2958 ORD2020-16 al Plan ap olication Section 24-5-60.B of the We d Co compete Whor Sub livision F nad Ran app cation e nty Code, as amended, the applicant may subunit a ect invo ves a Cn nqe of /one, processed csncurrently wit App B. Frio fo cation mn ethg is required. toSu OW briittiong a Minor ns to the A contractua! Subdivision sufficient to DDociimen fees, exte rodcal f�he yD Tina f a Nid nor Subdivision -)fan, no separate Pre - bdlivision Final Ran application, the applicant shah s e�par`fc ment of 1 .nniing Services: u bn uit the gcoara tee froin the public water provider to serve the proposed Mino c agreement s na l ale'noonstrate tl 1= t the water qua o`ty and P art try are act the requirements of tlhe uses within the Minor Si bddi, siorn. aion sha address the primary conditions of service ircluc or g payment ®f tap &on o pipelines ‘er water service faci[ities, dedication of water fights, etc. per the requiremn documentation shat to acceptance of the ants letao a d l n C. be reviewed CJ 09 C CC X29 -20-3G4. The agreement and sul derental pted b'' the Weld County Attorney's O ice prior hal Ran a Jplocation. if the water service agreement expi as prior to the Board of Counicy Commissioners hearinoj the applicant is responsible for providing a u 2 A co pdated aoreerunent. ac „al guarantee _ from the public sanitation provider to se SSubdMsiori, if applicable. The agree eviewed and accepted by the `veld 1. final Ran application. ve he proposed hid nor -Trent and subpiplemental documentation shaDI be County Attorney's Office prior to _ acceptance of the 3. Written correspondence between the applicant and referra ace ides addressing the comma -1s and concerns detailed in either the Sketch Plan Staff Report or Change of Zone Reso uUon. Correspondence sh, II be sibmitted for all referral agencies, Vcluding those 'rat did rot respond to t ^u `ketch Plan or Ciange dole a ppHcatios. 4. A statement tat addresses any potent' I non-compliance wits the Web County Corde, as amended, as identified in the Sketch Plan Staff .Report ar exr anation of how t ^e issues wi be addressed or 'resolved. Maeor changes from a reviewed Sketch Plan or Change of _ one m a�� require a resub _ the site. he Department of Galan nin ma or c a r un itta of a new Sketch Plan or C g Services is res nsib In angle of Zo e for e for oeter _ reining whether a e exists. When more than one (1) year has elapsed since the signed Sketch Plan Staff Report, a resubn iittal f a new Sketch Plan for the site may be rec uU ed odor to submittal f tre ` _ inns P an application. when more liter three ` years has e apsed since the signed) C iaorgIe of /one _ eso utior, a resubmittal of a new Change of /ore for the site may Pe Pew ed radar to submittal of the Final Han application. 5. Written co'recponde rce between the applicant and representative of tne area utility service providers which demonstrates that there are adegua uti itv Provisions available to se ve the development. 6. A Surface Use Agreo-neat wit n mineral owners associated with the suboct property, if applicable. Such agreement shall stipulate that the oil and gas activities and hard rock minerals on the subect Property have been adequately incorpo-ated into the design of site. -\ ternative has been nade e y, the applicant shah provide written evidence that an adequate attempt o mitigate the concerns of the min PAGE 132 gal owners othe subject property. 2020-2958 ORD2020-16 C. 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 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. 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 oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad et cetera. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, et cetera. 7. Any irrigation ditches, pipelines, overhead lines and/or railroad crossing or easement agreements, if applicable. 8. The recorded Change of Zone plat, unless the Change of Zone and Final Plan are filed concurrently. 9. Draft Final Plan land survey plat prepared according to the plat requirements per Section 24-5-80 of the 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, S-1 and B-2, issued by a title insurance company. The title commitment shall expire thirty (30) days from preparation. PAGE 133 2020-2958 ORD2020-16 12. Provide any covenants, grants of easement and restrictions imposed on the land and/or structures within the Alkor Subdivision. 13. A signed Statement of D _ axes from the County nroasurer showing no delinquent property taxes for the subject oroperty. 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. /6. A Traffic lm pact Study per Section 24-3-220.C, of the Weld County Code, as amended, if required. 17. Any other item(s) deemed necessary oy the Departments of Planning Services, Public Works or Public Health and Environment, Environmental Health Services Division. 18. Aoplication fee. Sec, 2405070. Fnnal Flan Procedure A. �he Minor Subdivision Final Plan application shall be processed according to the following procedure: 1. The applicant shall address the concerns and conditions in the signed 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 and, if applicable, an associated Change of Zone application nas been submitted, the applicant shall submit a Final 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 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 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, as amended. —he 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 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 responsibility for approval or denial of a Minor Subdivision Fi haI Plan application rests with the County. % . The Deoartment of Planning Services shall schedule the Minor Subdivision Final Rai utility Cosign on the first available Utilities Coordinating Advisory Committee meeting prior to the Board of County Commissioners hearing. The Utilities Coordinating Advisory Committee shall review the Final Plan for compliance with Section 24-3-60 of the Weld County Code, as amended. PAGE 134 2020-2958 ORD2020-16 5 he Planner will prepare a Staff Report within sixty (60) des of receipt of a complete Final Plan application. The Staff Report shall contain a recommendation for approval or denial. 'he Staff Report shad address all aspects of the application, including, but not limited to, referral agency and surrounding property owner comments and compliance with the regulations contained in the Weld County Code, as amended. The Department of Planning Services will review the application and determine if the applicant has demonstrated compliance with the Overview and Standards per Sections 24-5-10 and 24-5-20 of the Web County Code, as amended. 6. The Planner shall schedule the Planning Commission and the Boar° of County Commissioners public 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. Notification of Mineral Interest Owners and Lessees must occur at least thirty (30) days odor 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. Prior to the Planning Commission hearing, sign posting, legal publication, and surrounding property owner notification shall be required. �a. he Planner shall post a sign with case information on the property under consideration for the Minor Subdivision. The sign shall be posted adjacent to ano visible from, a publicly maintained road right-of-way. In the event the property under consideration is not ad'acent 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 gate, evidenced with an affidavit and photograph. 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. he 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 ::hejpublic hearing dates to tnose 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 sucn list, or the Departrer 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. d. Prior to the Planning Commission hearing, the Department of Planning Services snail draft a Planning Commission Resolution setting faith the recommendation to the Board of County Commissioners. Record of such action and a copy of the Resoution will bo kept in the files of the Clerk to the Board. PAGE 135 2020-2958 ORD2020-16 9. At the public hearing, the Planning Commission shall consider the Minor Subdivision aoplication and provide a recommendation to the Board of County Commissioners. -he recommendation shall consider the recommendation of the Planning Staff, referral agency responses, the ap lication case file and testimony presented at lihe pL lb is hearing. The Plannin. Commission shall recommend approval of the Minor Subdivision application unless it fines that the applicant has not met one (1) or more of the Overview and Standards per Sections 24-5-10 and 24-5-20 of the Weld County Code, as amended. 10. the De ailment of Planning Services shall forward the Planning Commission Resolution to the Clerk to tree Boars within ten (10) oays 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 Ca my Con �nissioner Resolution. `2. At the pub is hearing, the Board of County Commissioners shall consider the Minor Suboivision application and take final action thereon. The Board of County Commissioners' decision shall consider the recommendation of the Planning Commission and the Planner, referral agency responses, the application case file aid testimony presented at the p.,iblic hearing. --he Board of County Commissioners shall approve the Minor Subdivision application unless it finds that the applicant has not met one (1) or more of the Overview and Standards per Sections 24-5-10 and 24-5-20 of the Weid County Code, as amended. 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 'or five (5) years from the hearing date, located on any portion o{d the property contained in the original application. b. If the Minor Subdivision is conditionally approved b te Boara of County Commissioners, the applicant shall address the conditions of approval enumerated in the Resolution. "he revised draft land survey plat shall be submitted to the Depa Ptment of Planning Services for review by Planning and Public Works staff. 13. Rocord of the Board of County Commissioner determination and signed Resolution shall be kept in the files of the Clerk to the Board and recorded bo, the Clerk and Recorder. '14. Upon completion of the conditions of approval and acceptance of the plat, the plat ma oe submitted for recording with the recording fee to the Planner. 11 _ (-le plat shall be signed anid notarized by the Qrooerty owners and the Board of County Commissioners chairman . 15.Hike Department of {Manning Services shall submit the plat to the Weld Count y Clerk and Recorder for recording. 16. The Minor Subdivision is approved and binding on the date tree plat is recorded witrn tine Weld County Clark and Recorder. 17. No building permits shall be issued, and no development shall commenco until tree Minor Subdivision Final Plat is approved and recorded in the Weld County Cler,< and ecordor's Office and the improvements be constructed per the terms of the Improvements Agreement. PAGE 136 2020-2958 ORD2020-16 18. Tne 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. co 24-540. n Final Plat Requirements A. The Minor Subdivision 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. 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 eighty (180) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. B. The Minor Subdivision plat shall meet the following requirements: 1. The plat siall 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 size of 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 a north arrow and a scale. The drawing shall be at a scale of one (1) inch equals one hundred (100) feet or (1) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum scale of (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 "Minor Subdivision" followed by the assigned case number. 5. The Minor Subdivision lots shall be designated in ascending numerical order, on the plat and legal description. 6. If lots surrounding the Minor Subdivision are not involved in the subject Minor Subdivision they shall be labeled "Not a Part". 7. The plat shall include a complete and accurate legal description of the parent parcel and the lots 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. PAGE 137 2020-2958 ORD2020-16 he plat shall Till ide the roadway right-of-way adjacenit to tl ►e parcel as well as the phy ical location of the roadway. 3. lie e -plat shall delineate all existing and futu / M i n o r Suodivi&ion property re easements or rig hts-of way located on the he plat shall show all unique oh\ sical characteristics of the Mi including bu areas. t not limited t�•, irrigation ca 15. The p at shall include a vicinit map. lots with respect to adjacent roads, / f a III or Subdivision property, s and waterbodies, floodplai� is and geoiazard he vicinity map shag unici Qal li and label the subject section and dashed q 6. The plat s locate the Minor Subdivision mits, ditches, rai uarter section lines. aH show the location and setback radii of an abandoned oil and gas wells and tank batte 17.All Wo pk shal C.R.S. ill work sna l State Joa CO ries. mph/ with the requirements of Sectio roads, et cete active, sh is 38-50-1101 t=in or p and 38-5 a. Snow uqrpjed and 101 et. seq., compji with the requirements of the Bylaws erd Riles of Procedure of the rd ' �e �.istratior� for Pro��essi.na E _ cgi �eers and Profes _ sio�;a Land d of �D `.� � SurveSurveyors and the RuVes of Professional Co 'duce of the, Stare Board of Registration for Professional Engineers and Professional Land Surveyors - Board Policy Statement Sec. 24-5-90. o Enforcement A. frail re to Record Of We hi Thor Subdivision final ,plat gas .r=ot been recorded within one hundred eighty (180) days from the date of approval by the Board of County Commissioners, or if an amp/Thant is uInab e to meet any of the cordial ns withh one r undredl h ty (1 80) _ days of approval, the Director of Flairing Services may gra[Ht an extensior for a period no: to exceed one 1) year, forr food cause shown, upon awritten request by the applicant is wi milling to meet any of the conditions of apt lbefrwarded application lterLative removing Fail f the applicant royal or the extension expires, the application to the Board of Count/ Commissioners for reconsideration. eta ma\ be considered for denial by, the Board of County Cori _ nissioners. y, the Board of Coin ty Co7.missio tern may consi ter upho ling, modifying or he contested co ditions of a 0 °royal. ro to Comfy - The pi party owner shall comply with the recorded plat notes and lot configuration Nlonco npliancc may resu t in withholding Weld County_per mits. C. (tai ure to Construct - if no construction has begun in to Minor Sjbdivision withh three (3) years of the date of the approval of the Minor Subdivisio r- b _ it a l Plan by the Board of County Commissiorers the Dee-kwtment of Planning Services ma/ recuire the prspe-ty owner to appear before the Board of County Commissioners and present evidence subsiianfiatirig tlr,at the Fina Pan has not beer abandoned and that the applicant possesses the wi inguess anrd arty 'O continie the Minor Subdivision. The Board of Coiinty Comiinissioners ma19 extend the gate for Vitiation of the Minor Subdivision construction and Baal[ periodios v require the applicant to demonstrate tnat the Minor Subdivision has not been abandoned. f the Board of Coy Cor�a,� ss oners determines that conditions supporng "hh�e ongiinal app o��a( of the qt� Minor Subdivision Final Plat have c 11 a eel or _ that the grope ! property rty owner ca h PAGE 138 of i rn e rent the 2020-2958 ORD2020-16 Minor Subdivision Final Plat, the Board of County Commissioners may, after a pablic hearing revoke the Minor Subdivision Final Rat and order the recorded V inor Subdivision to be vacated. D. Tie Board of County Commissioners shall have the power to bring an action to enjon any subdivider from selling, agreeing to sell or offering to sell subdivided land before a p at for such subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S. Sec. 24-54 N®Amendment A. The Resubdivision process shall be followed when proposing changes to a recorded Minor Subdivision plat as described in Article V of Chaoter 24 of the Weld Courty Cod as amended. A new Resubdivision aa.olication shall be submitted for all changes besices those changes described as Corrections per Section 24-5-110 of the Weld County Code, as amended. Amendments for modifying or removing easements or building and septic enveloces are considered mi,lor modifications. O he Department of Planning Services may approve a mi or modification without a new application. The applicant shall submit a revised craft plat, conforming to Resubdivision pat requirements per Section 24-9-50 of the Weld County Code, as amended, to the Deoar inert of Flaming Services for review and acceptance. Upon acceptance, the plat shall be submittec for recording with the recording foe. A mi nor modification shall not affect other lots within the subdivision and shall adhere to tie nature of the subdivision. Sec. 24-54 �l 0. ® Corrector 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 Coca, as amended. he correction shall only address technical errors whet - such correction is consistent with the approved Minor Subdivision. . _ echnical errors include, but are not limited to, correcting scrivener errors and correcting surveyor errors as long as the correction is consistent with the anginal intent of the approved Minor Subdivisio' B. The applicant shall submit a corrected draft plat, conforming to Minor Subdivision II final Plat requirements ocr Section 24-.5-80 of the Weld County Code, as amended, to the Department of Planning Services for review and acceptance. Upon acceptance, the plat shall oe submitted for recording with the recording fee. Sec. 24=5=1120. = Vacation A. A prperty owner may request a complete vacation of an existing Minor Subdivision. The vacation request shall be submitted, in writing, to the Deparftmeit of planning Services and shall be signed by all the owners of the subject lots to be vacatcc. The vacation request letter shall describe the purpose of the vacation, any existing improvements and art 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 description or the previous legal description of the plat. B. Vacations must include all lots created by the initial and subsequent plats. No plats may oe vacated in part. PAGE 139 2020-2958 ORD2020-16 C. The vacation request may be processed without any of the submittal, referral or review requirements of Chapter 24 of the Weld County Code, as amended. No sign posting, legal publication, or surrounding property owner notification shall be required. 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. Minor 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 resented in a public hearing. E. If a hearing is scheduled, all property owners affected by the vacation 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. F. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination that 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 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. 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 plat with the Weld County Clerk and Recorder. J. Vacation of a Minor Subdivision shall comply with all Zoning and Subdivision regulations per Chapters 23 and 24 of the Weld County Code, as amended. ARTI0U _ VI — RURAL N IV I N 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 amended. The Rural Land Division process does not include a Change of Zone. B. Lots which are 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 the Weld County Code, as amended, shall not be divided by a Rural Land Division. C. A Rural Land Division may be considered a Non -Urban Scale Development or Rural Scale Development as defined in Section 24-1-40 of the Weld County Code, as amended. PAGE 140 2020-2958 ORD2020-16 D. The Resubdivision requirements shall be followed when proposing modifications to a recorded Rural Land Division plat as described in Article IX of Chapter 24 of the Weld County Code, as amended. Additional lots may be created by the Resubdivision process within an existing Rural Land Division, so long as the overall number of total lots in the existing Rural Land Division do not exceed four (4) lots. E. 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. The Rural Land Division is a land division process used to divide a parcel into a maximum of 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 (WITS) or public sewer. 4. The Rural Land Division shall only be approved on property located in the A (Agricultural) Zone District. 5. The Rural Land Division shall be at least one (1) mile beyond a municipal boundary. 6. Any proposed Rural Land Division must be separated by a minimum of 1,320 feet or one - quarter (1/4) mile, in any direction, as measured from the exterior property line of any existing, platted Rural Land Division or Minor Subdivision. 7. The maximum parcel size on which a Rural Land Division is proposed shall not be greater than forty-five (45) acres. 8. 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 amended, in conjunction with the Rural Land Division application, in order 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. The remaining acreage of the large Recorded Exemption lot shall not be less than one hundred and 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 Rural Land Division. e. The Rural Land Division Final Plat and Lot Line Adjustment plat shall be recorded concurrently. PAGE 141 2020-2958 ORD2020-16 f. If the Rural Land Division is not approved, the Lot Line Adjustment will be void. 9. The maximum number of lots within the Rural Land Division shall be four (4) lots. 10. The minimum lot size in a Rural Land Division shall be three (3) acres net. 11. Rural Land Divisions shall not be financed by a Title 32 Metropolitan District. 12. A Homeowners Association is not required but may be voluntarily created and managed by the residents within the Rural Land Division. 13. 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. 14. The Rural Land Division lots shall be accessed via a single internal publicly dedicated right-of-way and shall be privately maintained, according to a road maintenance agreement applicable to all present and future lot owners. 15. No access easements are permitted within a Rural Land Division to serve parcels within or not a part of the development. 16. The Rural Land Division roadway shall intersect with a publicly maintained right-of-way. 17. The Rural Land Division internal roadway shall be perpendicular to the publicly maintained right-of-way. 18. The Rural Land Division shall not connect directly onto County arterial roads or County, State, or Federal highways. 19. The Rural Land Division roadway shall be designed, constructed and maintained by private recorded agreement between the landowners within the Rural Land Division. 20. The internal access roadway shall meet all safety criteria as outlined in Chapter 8, Article XIV of the Weld County Code. 21. 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. 22. The Rural Land Division shall be designed to preserve prime agricultural land. 23. The Rural Land Division shall be designed t0 preserve wetlands, wildlife habitats, historical sites or burial grounds. Sec. 24-6-30. a 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 the applicant may submit a complete Rural Land Division Sketch Plan application electronically. The following application 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. PAGE 142 2020-2958 ORD2020-16 4. Deed identifying the surface estate ownership in the property and 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 24-3-210 of the Weld County Code. The Geotechnical Report, Colorado Geological Survey Submittal Form and associated review fee will 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. 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 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, railroad, etc. 9. Water Supply Documentation. A will -serve letter from a water district, association or municipality that demonstrates the district, association or municipality has sufficient capacity and infrastructure to serve the proposed development. Provide evidence of existing ootable water source (water bill or well oermitl on the orooerty, if aoolicable. 10. 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 Rural Land Division Sketch Plan map shall include the following information: a. Title, scale, north arrow, township, range, section, quarter section and Lot numbers. PAGE 143 2020-2958 o RD2020-16 b. The layout of lots, roads, accesses, and utility easements. Show the width and type of surface of all roads proposed within the Rural Land Division. 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, drainageways, cropland, oil and gas production facilities, plugged or abandoned oil and gas wells, railroads and 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 (30) 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.B of the Weld County Code, as amended. 17. 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 The applicant shall submit a Rural Land Division 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 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-one (21) days to respond from the date of notice. The failure 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. PAGE 144 2020-2958 ORD2020-16 4. The Department of Planning Services will provide an opinion if the application has demonstrated compliance with the Overview and Standards per Sections 24-6-10 and 24- 6-20 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 Departments of Planning Services and shall be signed by the property owners. 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 shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the Rural Land Division. 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, et cetera, 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. 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 Office prior to acceptance of the Final Plan 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, including those that did not respond to the Sketch Plan Staff Report proposal. 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. Manor changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan 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. 5. 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. 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 subect property have been adequately incorporated into the design of the PAGE 145 2020-2958 ORD2020-16 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. E. Prior to submitting a Rural Land Division Final 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 and acceptance of the items detailed in Section 24-6-50.A of the Weld County Code, as amended, the applicant may submit a complete Rural Land Division Final Plan application electronically. The following application items are required: 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 Orgarization or Incorporation documents if the owner is a business entity. Include Statemert/Delegation of Authority documentation. 5. Trustee documerts if the owner is a Trust. 6. 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. p. 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. 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 oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, et cetera. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, et cetera. 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. PAGE 146 2020-2958 ORD2020-16 9. 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. 10. A title commitment, including Schedules A, P-1 and B-2, issued by a title insurance company. Me title commitment shall expire, thirty (30) days from preparation. 11. A signed Statement of Taxes from the County Freasurer showing no delinquent property taxes for the subject property. The Statement shall be from tie cL rrent tax year. 12. If a community meeting is held, provide a sign -in sheet, minutes, and summary. '3. A Final Drainage Report per Section 24-3-200.C of the Weld County Code, as amended, if required. 4. A Traffic Impact Study per Section 24-3-220.C, of the Weld County Code, as amended, if required. 15. An Improvements/Road Maintenance Agreement may be required. 16. Any other items) deemed necessarybby the Departments of Planning Services, Public Works or Public Health and Environment, Environmental Health Services Division. 17. Application fee. Sec. 24-6-60. 0 F inS Nan 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 that all application submittal requirements are met prior to processing the application. Upon determination that the Final Plan application is complete, the application fee shall be paid. 3. D nce 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 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 Rural _and Division. The failure of any agency or surrounding property owner to respond withi 1 twenty-eight (28) days may be deemed a response with no concerns. All referral agency review comments are considered recommendations to the Cou 1ty. The authority and responsibility for approval and denial of a Rural Land livision Final Plan application rests with the County. 4 On the event the application includes a drainage and/or utility easement which deviates from Subdivision Design Standards for easements per Section 24-3-60 of the Weld County PAGE 147 2020-2958 ORD2020-16 Code, the Deoartrent of Planning Services shall schedule the Rural land Division V _ final Ran utilit if design o - the first avafable Utilities Coordinating Advisory Committee meeting prier to the Board of County Commissioners hearing. No Utilities Coordinating Advisory Committee is required if the proposal adheres to the easement standard criteria. 'he Planner may sched :. c 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 Hnal Ran apQhcatior. 'he Staff Report shall contain a recommendation for approva or cienia 'he Staff Report shall address all aspects of the application, including, _ but not limited to, referral agency and surrounding property owner corn <<cnts 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 aId Ste noards per Sections 24-O=10 and 24-6-20 of the Weld County Cooe. 6 The Planner shall schedule the Planning Commission and the Board of County Commissioners public hearings. egal notice and posting of both hearings may °- concurrent. 7 The applicant shall provide notice to any mineral estate interests as required by Section 24-65.5-` 03(3), C.R.S. Notification of Mineral iterest Owners and II essees 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. Sign posting, _ legal publication, and surrounding prooert 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. n 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 shah certif that the sign has been posted tic 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 publisned in the newspaper designated by the Board for publication of notices. I he date of publication shall be at least ten (10) days prior t0 the hearing. c _fne Deoadrnent of Planning Services shall give notice of the Rural Land Division and the public hearing dates to those persons listed in the application as owners of property located within :We hundred (500) feet of the Rural and Division. Such notification shah be mailed, first-class, not less than ten (10) day as before the scheduled public nearing. nadventent errors b the applicant in sup DI ling such list, or the Department of P anring 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 "otification. 8. PAGE 148 2020-2958 ORD2020-16 -prior to the Planning Commission hearing, the Depa tmient of P a nnong Services sha00 draft a P/ann no Commission -toso0,,UUon sothono fort the recommendation to the Board of County C oc rrdssoono rs. Record of such acUoo i and a cony of the Roso0u ion will be kept on the fi es of the De to the Boy rd. 9._ At the pica hoaronc the Planning Commission anal consider tre R ra and Division joHcatUon and provide a reco r endaUoor to the reco nim e ndatUon sna responses �o app Board of County Commissioners. The cornsod9er'Le rocoma ion of the [Darnono Staffs rofePrc agercy ocatoo case fo e and facts prosortc=d at the pjb oc leaving. The Planning Commission shah recommend ap oroval of the RUrad unlless of finds that at the applicant 8t a J rot m e t one or ma and DDovosoon app ocat o r e of the Overview and idzrds per Sections 24-6-10 and 24-6=20 of the Weld County Code. 0. The De l/ tots Proo p oa n?cment of o Cller In) annonq Se rvficcs s iaDD forward t J o Planning Commission ResoOul'oon v to the Board wotNn ter (` 0) days from the Planning Commission icarrhg r to the Board of County Corrmossoor&GPs heaving, Degal pub oporrty owns notifmcatMon shall County Commossooner Resoo ocacilion. an S j ourd0ng Coo requhod. The C irk to the Boa utoon Pd shall draft a Board of 2. At the public hea[1n h the Board of Courty ComTossoonors shall consider the Rural Land Dovosoon a o he �1oon and take fora a croon the Poor. Tre Board of County Co m moss oonors docosoon sha 1 consodor the rocommerdation of the P an n rg toff, rife raa0 agency responses, tre apphocmmoor case Me and facts oresented at e pubhoc heanno. II no oard of County Conemissbriers shall approve tre nira0 Land i ovosoon app ocatoo u less Ut finds that the applicant has not o core of the Ovorvaew and StardD ds peP Sec0ons 24-6-'0 and 24-6=20 -6=20 of the We d Caulk: y rode. a. f the kurall Land Dovosoon os deified Coy the Board of County Cor �nnossoonors, re tre the applicant nor troor successors or assogrs -ay afar& fa new Kurd D and Dovosoocr iorr five (5) years, ocated or any pardon of t applocatoono Co. Df t Corn e R u. C m ossoono e Rosdluitoo to propecor abed Un the ohg'na and Division oS conDotoona00y approved Hy t e Board of Court( s9 the applicant she. address ho cordfitoors of a oorova o ir eratod or 'The revised draft end survo T p at sha 00 Coe su Cornotted to to e Department annfing S orvoces fohL b evoew by D - nnflrg ani Pub oc VVo l s staff. 3. Record of t ve Board of County Commissioner deterFnona for and signed Roso0utior shall be kept in the pies of the COerk to the Board and recorded by the Cie -7( and Recorder. 4. Upon connpOefion of the co dotoons of approva0 and acceptance of tI pat, the p at ma be submitted for recording wit recordo � ,I fee to t' le Planner. The Oat s 20 be sock led and rota ized by he grope iy owners and the Board of Corty Corn rrossoorors chairman. The Department of Planning Recorder fo P ecording d Dovosoor R i aH _ an Weld County C erk and ervfces sha00 S! Cof Ut th _ tao t h e We d Comity er os aoproved and bon fing on the date the plat is reco Recorder. PAGE 149 a n d ded voth t B 2020-2958 ORD2020-10 17. No building permits shall be issued, and no development shall commence until the Rural Land Division 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. 18. 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. 24-6-70. — 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. 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 recuirements shall be recorded within one hundred eighty (180) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. 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 size of 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 (100) feet or (1) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum scale of (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 nurr ber. 5. The Rural Land Division lots shall be designated in ascending numerical order, on tie 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. The plat shall include a complete and accurate legal description of the parent parcel and the lots being created. 8. The plat shall bear the certifications shown in Appendix 24-B to this Chapter. 9. The plat shall contain the original signatures and seals in permanent ink. PAGE 150 2020-2958 ORD2020-16 I 0. he plat shall delineate the location of all _ existing and pr posed driveways and accesses associated with the Ru ra l and Divisi{ n. 11 he plat shah include the n mes of any existing roads or highways abutting the proposed Rural and Division oro perry. 2. The plat shEP include the roadway right-of-way adjacent to the parcel as well as t pnysicaal location of the roadwaL/. 3. The p at she delineate all existing a 5. Rum �e plat s end Division property. iaall show all unique physical clna Id fatl e re easements or rights -of way located on the racteristics of Ire Rural Land Division Coropo including, but not limited to, irrigation canals and w°aterbodies, floodplains and gechazard areas. ne plat shah include a vicinity map. The vicinit lap shall locate the Rural Land Division lots with respect to adpacent roads municipal limits, ditches, railroads et cetera. Show a ld abel the sub ect section and dashed gaarter section lines. 6. Me plat shell show the location and setback radii of any active, sl or plugged and abandoged oil and gas wells end tank batteries. 7. AMworvcshe C.R.S. '8.A comply with the requirements of Sections 38-50-101 and 38-51-101, et. sec), work shell comply with the requirements of the Bylaws and mules of Procedure of .he State Board of '\egistration for Professional Engineers and Professional Land Sirveyors and the Rules of Professiona Conduct of the Stet° Board of Registration ft ngineers end Professional Land Surveyors - Board Policy Statement. Sec. 21!-6-80. Enforcertnergc A. Professional e to Record o if the Rura( and Division plat has not been recorded within one hundred eight y 80 days from the date of approva l by the board of County Commissioners, or if an applicant is .enable to meet any of the conditions within one nundred eighty (180) dajs of aapp tova , the Director of Planning Services may grant an extension for a period rot to exceed one (1) year, for good ca L se shown, apon a written raciest by the applicant. V the applicant is unwi ling to meet an of the c•Dndlitions of approval or the extension expires, the application vAll be forwarded to the Bard of Cunty Commissioners for reconsideration. The entire applicati0 i may be considered for denial by the Board of Count Alternatively, the Board of County Corn nissiorers may conside removing the contested conditions of approvak B. railL re to Com of o The property *wner sha Co missioners. holdin, , modifying or comb with the recorded olat notes end lot configuratior No compliance may resit in withno ding We d County oerrr its. C. FailLre to Co'stract f no constriction nes begs n in the Rural _and Division within three L3J years of the date of the approval of the Rural end Division =ire) Plan, the flejoar tent of P erring Services rray rec l oire the Property owner to appeaA before the Board o`≥' County C aba nissioners and present evidence substantiating that the Final Han has not been donee and th at he applicant possesses 'fine willingness PAGE 151 d ahifi ti to continue the Rural 2020-2958 ORD2020-16 l aind Division. The Board of County Commissioners may extend the date for initiation of the Rival and Divisior construction and shall periodically regL i re the applicant to demonstrate that the Rural Land Division has not been abandoned. if the Board of Count 6 Car -nissiorers determines that conditions supporting the origiral approval of the Rura Land Division Fjnal Rat have changed or that tngoroperty owner cannot implement the R urai Land Division Ara Hat, the B d of County Comirnissioners ma , after a public nearing, revoke the Rural Lana Division ' _ final Rat and order the recorded Rural _and Division vacated. D. Tie B and of County Commissioners shah have the power to bring an action to en10 n any :. subdivider from selling, agreeing to sell or offering to set subdivided land before a plat for such subdivided land has been approved and recorded jper Sectin 60-28- A' 0(4) C.R. S. Sec. 24=6-90. =6=90. e rmendmeM A. The Resubdivision process shall be followed when proposing changes to a reco'ded Rura and Division plat as described in Article VI of Chapter 24 of the We d Court/ C de as amended. A new Resubdivisi.n application shah be submitted for al changes besides those changes described as Corrections per Section 24-6-100 of the Weld County Code. B. Ai nendments for modif tin g or removing easements or building and septic envelopes are considered minor modifications. The Department of Planning Services may approve a minor modrication without a new application. The applicant sna submit a revised draft pkg. conforming to Resubdivision plat 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. the d at shall _ be submitted for recording wit codification sha not affect other lots wit in the recording fee. A minor he subdivision and sha adhere to the nature of the subdivision. Sec. 24-o= 100❑ o Co rre ctorn A. be Board of County Commissioners or Planning Director ma approve a correction without a rearing or compliance with any of the suornission or review requirements of _ Chapter 24 of t w inc e Weld CoJetv Code, as amended. I _ he correction shall onhj adcress tecnnical errors nere such corectio i is consistent with the approved Rural ard Division. Technical errors ude, but are not limited to, correcting scrivener errors and correcting surveyor errors as long as the correctio Divisi n is consistent with the original intent of the approved Rural Land B. The applicant shah submit a corrected draft plat, conforming to Rural Land Division Final Rat regui Aements per Section 24-6-70 of the Weld County Code, as amended, to the Deoartmet of P la 1 r ingi Services for review and acceptance. Upon acceptance, the plod shah be submitted fo P rec _, ding with the recording fee. Sec. 24-6-1 O. 0 Vacf orru A. _ A property owner vacation re sna U est s D be signed b a a recuest a corn alete vacation all oe submitted, in writin e owners of the sub of an exisfi g Rurai _ Land Division. The to the De_ artment of Planning ect lots to be vacated. shah describe the purpose of the vacation, any existing imn Prov, dqhts=ofwav that ray be affected. The aroperty owners sha PAGE 152 eyaca Services and tion request letter Fret and any easements or 8 provide the existing plat and a 2020-2958 ORD2020-16 draft land survey plat showing the vacation described by a metes and bounds or aliquot legal description or the previous legal description of the plat. _J. Vacations must include all lots created by the initial and subsequent plat. No plat may be vacated in part. C. The vacation request may be processed without any of the submittal, referral or review requirements of Chapter 24 of the Weld County Code, as amended. No sign posting, legal publication, or surrounding property owner notification shall be required. D. Upon receit of the vacation recuest letter, the Planner will ore Dare 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 Agenda unless otherwise requested by the Board of County Commissioners to be presented in a public hearing. E. If a hearing is scheduled, all property owners affected by the vacation 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. F. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination that the Rural Land Division 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. 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 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 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 V_ = FA M LY FARM D PVISa Sec. 24-740. m Ovens ew 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. PAGE 153 2020-2958 ORD2020-16 B. The Family Farm Division shall complement the existing, active family farm or ranch layout and may be utilized on properties that contain or are contiguous to the existing family -farm residential improvements. 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. D. Lots which are part of a Historic Townsite or any recorded Planned Unit Development, major or minor Subdivision, Family Farm Division, Resubdivision or Recorded Exemption lots less than seventy (70) acres shall not be divided by a Family Farm 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 A. The Family Farm Division (FFD) is a land division process used to divide a parcel into two (2) separate lots and is sublect to the following criteria. 1. The property to be divided by the proposed Family Farm Division shall be comprised of a legal lot. 2. At least one of the family members operating the active family farm or ranch shall live on the subtect property or on a contiguous property. 3. The minimum parcel size of the land to be divided shall be: a. Seventy (70) acres or greater; b. A half -quarter section; c. Or less than seventy (70) acres, defined by a metes and bounds legal description but under the same ownership of the contiguous family farm or ranch parcel or parcels which total at least seventy (70) acres. Entire parcels must be included in the acreage calculation. Additional contiguous parcels which exceed the requisite seventy (70) acres are not included in the calculation for eligibility. d. Approved Recorded Exemption lots that are greater than seventy (70) acres. 4. The smaller lot of the Family Farm Division shall not be less than one (1) acre in size if served by a public -water source or two and one-half (2.5) acres if served by a water well. 5. The smaller lot of the Family Farm Division shall not be greater than seven (7) acres in size. PAGE 154 2020-2958 ORD2020-16 6. Any larger Jot of the Family Farm Division shall be at least thirty-five (35) acres in size. 7. All lots of the Gamily Farm Division shat be served by a separate on -site wastewater treatment system (®NUTS). 8. Only one Family Farm Division shall be permitted on an eligible tract of land. Parcels previously divided by a Family Farm Division are not eligible for an additional Family Farm Division. 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 Family Farm Division lots should be shared to minimize conflict points along the Weld County maintained roadway. Of a shared access is proposed, a separate recorded access and utility easement agreement addressing maintenance shall be submitted. 10. The Family Farm Division may only be permitted in the A (Agricultural) Zone District included in Chapter 23, Article lll, Division I of the Weld County Code, as amended. 11. Family Farm Division Jot lines may be amended utilizing the Lot Line Adjustment procedure as detailed in Article X of Chapter 24, as amended. Sec. 24-740. - Sub Att D Requhaernents A complete Family Farm Division application shall be submitted electronically to the Department of Planning Services and shall include the following: A. Application Form. E. Authorization Form, if applicable. C. Family Farm Affidavit which attests that the Family Farm Division is for the benefit of the family members or farm employees related to the operation of the on -site active family farm or ranch and that the property under consideration or the contiguous property contains the family -farm residential improvements. 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. Include Statement/Delegation of Authority documentation. G. Trustee documents if the owner is a —rust. 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. PAGE 155 2020-2958 ORD2020-16 6. Describe existing a id proposed D m p rovoments. 7. Describe any feAstng and proposed easements and rights -of -way. 0. Describe t exUst ng and proposed access to the site. 9. Deschbe the cur rant Aigaation foracflces occurring on the site. o. Describe the un qve physical characteristics of the property, inclutng, but not Hnnitedl to, topography, water bodies, C airport over ay district. t ovornoadl location of any o anc s, ve,etaThon, `uyloodp yens, gesi azard areas, MS4 and 1=site Oil and gas facilities, irrigatio dlitcfnos/ ator s, pipe os, rah road etc. P>ro 'ode the lames e rd addresses of any owners or opc of any ooi ard gss fad his, irrigation ditches/laterals, *en es overhead i etc. Water &DOlQ/ Documa teflon ,•ys X 0 A letter or o from a wate district o ones alto ones, railroad, mnicipaloty, or a well perm from the State Do vision of Water Resources. Provide a statement if iacr eidingi the 'ivat0 rSou rce from agi rocultura 0 Sewage Dispose) Docurm nteflon. d i° n stnct. K. Draft Fami v =arm DoMknsion and su ion 24-7-50 of tn A rifle co cri t m e nt, \,Ve d uding n`2 I C^ 1a res idon ui xamp usage to commerda septic permrt or bh vey plat prepared accoro9ng to t n he t Code, as amended. or ofndustri al. f rorn a sanitary sewer o plat requirements _ per es A. 1 and B=2, issued by a title insurance company. eflue co�nmi ment shy . � oirc� ; hiri (30) a y rem nor �o r ti0�n M. A SIState or he sub ment of axes from the County Treasurer snowing no deHnqu ect_or perty. T e Statement s h e be from he our ent tax year. Any other item(s) deemed necessan by the Departments of l=am nt property taxes anring Services, lubhc Works 0 ubhc C bee th and Lnviro n me nt b nvironmentall loalt Se rvoces Divisi0 a Apo o icafion fee. Sec. 24-140. o P [ oceth� re Pa Ea Lilly F a rr Divisio apphcation shall be processed ccording to Vile foD0owi� _ procedure: A. The Board of County Commissioners dale Ides tno authority and responsibility for processing and approving Family Farm Divisions to the epartment Department of Manning Services. B. Tie applicant sha Seivices `ror eviewAt. u bmittal requirements are the app ication is comp C. Once the ap Services sha submit a bami v'Farm D o vision ap p is -i ion to the Department of Ill annirng Eh Planner sna l nave the responsibility if ensuring that all appDication met osier to processing the aIop[ication. Upon determinetior that eta, the application fee shall be paid. Dhcatl n i deemed complete and the fee ,pad, she Department of Mannino send the ap ncati0 relevant referra to agencies for review and comment as t'e Planner deems necessary. A ist of referra agencies is ocated h ,l ipenda 23-G of the W d County Code. The referral agencies SP2 o6 giver twenty-one (2 i ) days to respoind from the date of notice. The fai „re of any agerrty to respond within twenty -ore (2') days may be PAGE 156 2020-2958 ORD2020-16 D deemed a response with no concerns. All referral a genc if review comments are considered recommendations to the County. lrhe authority and responsibilityfor aC proval or denial of a Farn it ‘ f Farm Division application rests with the County, he Planner will prepare a Staff Report within sixty (60) days of receipt of a complete application. 'he Staff Report steal contaii a recommendation for approval or denial. he Staff Report shall address all aspects • fth application, including, but not limited comments and the regulations contained in the VVe d County Code. 0 refer ra agenc The Department of Plaannincj Services may administratively approve the application ivc the applicant has demonstrated comp iar ce with the Overview and Standards per Sections 74-/- 10 and 24-7-20 of the Weld County Code. F. l f the Department of Plan ninga 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 2.440 20 of the Weld County Code, the Planner shall prepare the Staff Report with a recomme► datior of deial and a hearing shall be scheduled before the Board of County Com- issioners. G. Of recommended for denial, the Board of County Commissioners shall hold a public hearing to consider the Famil: Farm Itivisiof application and to take 'final action thereon. The applica it C -1 . shall be notified the hearing date, time and location via CerUifieo Mail, sent by the Del( to hearing the Board, at least ten (10) daps prir to the hearing. N. sign posri� oi, legal publication, or surrouundinp roped' owner notification shat be required for the hetann eLa The oard of Count\ C Ormissionersv decision shal consider the recommendation) of the P arming Staff r, erra l agency responses, the. application case file and facts presehted _ at the public hearing. —he Board of County Commissioners shah approve the F aril a rm Division application unless it finds t'ac to applicant has not met one (1) or mo ne of the overview and Standards per Sections 24-7-10 and 24-7-20 of tie Weld County Code. Prior to the hearing, the Clerk to the Board shah draft a Board Resolution. 3. if trio h _ away Farr Division is approved by the Board of County Commissioners record of the Board of County Commissioner determination and signed Resolution sha be kept in the thes of the Clerk to the Board and recorded] the Clerk and Recorder. 4 f the Fa nil\ Farm Division is denied by the Board of Cojrsy Commissioners, neither the applicant roc theft successors or assigns may apply f r a new Family Farm Division for five pears, located on any portion of the property containedin the original app icatoor. if the Family Farm Division is approved by 4it�huer the Department of Planning Services or one Board of County Commissio -ers, ��h�eapplicant shall address the condLions f approval enumerated in the staff report or Resolution. --he revised draft land survey plat shah be submitted to the Department of 'Tanning Services for review by Planning and Public Wors staff. l U pan completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with re recording fee to the Planner ''ice plat shall be signed and notarized by the property owners. Of approved by the Department of Planning Services, the PAGE 157 2020-2958 O 802020-16 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 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. 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 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 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 (1) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum scale of (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. 0. The plat shall be titled as "Family Farm Division" followed by the assigned case number. E. 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 Chapter. 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 amendments, which resu[ted in the parent parcel. Reference previous land divisions by case number, reception number and recording date or deed. PAGE 158 2020-2958 ORD2020-16 I. The plat shall delineate the location of all existing and proposed driveways and accesses associated with the Family Farm Division. J. The plat shall include the names of any existing roads or highways abutting the proposed Family Farm Division property. K. The plat shall include the roadway right-of-way adjacent to the parcel as well as the physical location of the roadway. L. The plat shall delineate all existing and future easements or rights -of -way located on the Family Farm Division property. M. The plat shall show all unique physical characteristics of the Family Farm Division property, including, but not limited to, irrigation canals and waterbodies, floodplains and geohazard areas N. The plat shall include a vicinity map. The vicinity map shall locate the Family Farm Division lots with respect to adjacent roads, municipal limits, ditches, and railroads. 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 shall be designated in alphabetical order on the plat and legal description from smallest to largest based on lot size. Q. 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 the State Board of Registration for Professional Engineers and Professional Land Surveyors - Board Policy Statement. Secs 24-7-60. m Enforcement A. 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, 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 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. 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 as described in Article XV of this Chapter. PAGE 159 2020-2958 ORD2020-16 C. he Board of County Cornrnissione subdivider from se lino,, agreeing such subdivided land has bee Sec. 244-10. Amendment The Lot Line Adjustment prucoss shall be followed when or rs snail have the power to bring an action to e Oiin any o sell or offering to sel8 subdivided land before a plat for n approved and recorded per Section 30-28-110(4j, C.R.S. posing changes to a recorded arnily Farm Division plat as described in Article X of Chapter 24 of the fe8d Count\ Code as amended. A new Lot Line Adjustment application shah be submitted 'or EH changes besides those changes described as Corrections Der Section 24-7-80 of the We8d County Code. B. Amendments for modifyi g or removing easements or building and septic envelopes are considered minor modifications. The Department of Planning Services ri approve a minor rr^odification without a. row application The applicant shall submit a revised craft p►iat, conforrnittg to Lot Line Adi.ustment olat recuirements per Section 74- 0-50 of the Weld Count\ Code, to the Department of Pia t le plat shall be submitted for Sec. 244=80. o C©rrrecto o W A. The Planner ma\ ping Services for review and acceptance. Upon acceptan recorc ing with the recording fee.. ()prove a correction to a Family Farm Div sion without a hearing or compliance with any of the submission, referral or review reqdrer Hunts of Chapter 24. 'he correction she or \, address technical errors wnere sucn correction is consistent wits 1 the approved Farni y Farm Division. Technical errors inciLde, but arc notmuted to, correcting scrivener errors and correcting surveyor errors as long as the correction is consistent with the original intent of he aoroved Family Farm Division. B. The applicant shah sulo pit a correcso d Rad, plat, conforming to-amidy Ear( n Division plat rec li Dements Der Scc ion 2407-50 of the We d County Code, to the Department of F among Services for review and acceptance. ,J oon acceptance, the plat shah be salbi j fitted for recording with the recording fee. Seto 24-7=90. -L/ =9 0o = \\tl acat `� lJ L7 A. A property owner may request a complete vacation of an existing F armi8* Farm he vacation request shall be submitted in to the Department of P o, �.�ritin�, anning Services and shah be signed by all the owners of the subject lots to be vacated. i fie vacatioi request letter shah describe the _purpose of the vacation, any existing improvements ano any easements or rights=of wa I the t may be affected. The orooeowners sha[I provide the exisfirq plat and a draft land survey plat showing the vacation described by a motes and bounds or aliquot legal description. Vacations must inc ude all lots created by the initial and subsecuent Family Farm Division. No a ni{y ' _ arm Division nosy be vacated in part. C. The vacation recuest may be processed without any of the submission, referral or review touirements of Chapter 24. No sign posting, legal publication, or surrounding property owner notification shah be required. D. Upon receipt of the vacation request letter, the Planner will prepare a memorandum summarizing the vacation request to be forwarded to the Clerk Division vacations wid be placed on to Board of county Corn PAGE 160 o :he Board. Farm V Farm missbners Consent Agenda 2020-2958 ORD2020-16 C — unless otherwise r ea hearing. if a hearing is scheo uested by the Board of County Commissioners to be presen ed in a public uled, all property owners affected by the vacation shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten ` 0 da s prior to the hearing Prior to the hearing, the Clerk to the Boaro shall draft a Board Resolution setting forth the determination that the cannily Farm (Division is vacated. Record of such action and a copy of the Resolution will be kept in the files of the Clerk to the Boaro. —he Board of Count\ Co iimissioners shall arrange for the Clerk to the Boaro to record the Resolution. fin the even: any easement is include° in the vacation, the resolution may be conditioneo that the applicant provide evidence that the interests of the easement grantees are protected. f the vacation reduest is approve° by the Board of Cou ity Commissioners, the land survey peat shall be submitted to the Department of Planning Services for recordinc 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 olat with the Weld County Clerk and Recorder. Vacati ,n of a G a nily c'arm Division shall comply with all current Zoning a requla ART C 10 s per Chaoters 23 and 24 of the Weld County Code, as amended DCF C Pt [DM ON nd Subdivision Sec. 24=840. a Ovorrvo w The Public Facility Division shall be for tie purpose of creati ig a permanent, legal lot for utilities and infrastructure including, but not limited to, public telecommunication towers used for emergency dispatch, regional communications and Dublic safety, water tanks and towers, fiber ootic installatiors, electric substations, school districts, sanitation districts, fire districts and [8\1\1 enforceme rit agencies. The Public Facility Division shall apply only to facilities whose owner is a governrncn: agency or puolic utility provider. A. Lots wiicn are part of a Historic Townsite or any recorded Planned Unit Jevelopmen� , major or minor SuCodlivisio'l, Rural Land Division, family Farm Division, or Resubdivision sa l not be divided b / a 'public hacility Division. B. The Lot Line Ad/ustment process shall be followed when proposing changes to a recorded Puo is -ad ity Division idat as described in Article X of Chapter 24. C. The Public Facility Division shall adhere to Chapters 22 and 23 of the Weld County Code and to the Genera 6P-ovisions and Co iformance Standards per Chapter 24, Articles D and El of the Weld Count , Codc, as amended. D. Tho Board of County Commissioners hereby determines that the Pub is ` °colony Division process is not within tie purposes of Article 28 of Ti le 33, C.R.S. Pursuant to Suosection 30- 28-` 01 10) d), C.R.S., aid tneref ire is exempt from the definition of subdivision or subdivided land and from following the subdivision procedures and rep However, the land divisions shall follow the Article. uirements set forth in this C apte rocedures and reguirermnenis set forth in this PAGE 161 2020-2958 ORD2020-16 E .24=R-20. — Standards 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. 4. 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 or two and one-half (2.5) acres if served by a water well. 5. If the Public Facility Division Lot will contain a manned facility, the lot shall be served by an adequate sewage disposal source. 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 permitted 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 Planned Unit Development, Minor Subdivision, Rural Land Division or Public Facility 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 III 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 Building permits shall be issued for any improvements on the lot which contains the public facility, except for permits related to the public facility. 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. PAGE 162 2020-2958 ORD2020-16 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. 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. Include Statement/Delecation of Authority documentation. G. Trustee documents if the owner is a Trust. 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 proposed easements and 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, railroad, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals, 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. No water supply documentation is needed if the Public 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 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 the Weld County Code, as amended. PAGE 163 2020-2958 ORD2020-16 L. 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. 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 the Weld County Code, as amended, if required. Larger facilities may be required to complete on -site detention. P. A Traffic Narrative shall be submitted in accordance with Section 24-3-220.B of the Weld County Code, as amended. Q. An Improvements/Road Maintenance Agreement ma 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. a 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. 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 sixt /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 Planninc Services may administratively approve the application if the applicant has demonstrated compliance with the Overview ano 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 - PAGE 164 2020-2958 ORD2020-16 20 of the Wed County Code, the Planner shall prepare the Staff '- eport with recommendation of denial and a hearing sha D be schedu ed before the Roard of County Co F� missioners. G. Of recom'ended for denial, the Board of Cou consider the Public f=acility Division applisatio shall be notified of the hearing o ty Commissioners shah hold a pub n and to _ take final action there n. oc hearing to he ap hcant ate, ti T e and location via Certified Mail, sent by the Clerk to the Board, at least Len (10) days prior to the hearing. No sign n posting, legal _ publicati.r, o surroundingupooperty owo er inotificatbn shall be required for the hearirip . The Board of Co ., my Comer" issioners' decision sha l consider the recommenda oo r of t planning a L e Staff, referral agency responses, the application case file and facts presented at the public nearing. he Board of County Commissioners shah approve the Public Facilit y Division aoplicatior unless it finds that the applicant ras not met one (1) or more of the Overview and Standards per Sections 24-8-10 and 24-8-20 o the @Weld County Code. 2. Prior 3. If the of the 3 the nearing, the C in the fi erk to the oard shalldraft a Board Resolutin. Pk had it Division is approved by the B oard of County Commissio iers, record oara of County Commissioner determi naton and sip '-ed Reso ution snail be kept es of the Dark to the Board we'd recorded b4 the Clerk and Recorder. 4. if the public Faci ity Division is denied by the Roard of County Commissioners, neither the applicant nor their successors or assigns maF, apply for a new public Facility Division for five (5) years, located on any portion of the orooerty col tained in the original application. �e Public Facility Division is approved _ by either t Board of County Comrnossione enumerated in the ssaff report submitted to the Deoartmert of P staff. le De rs, the applicant s r Resolution. par torment of annrg Servoces or the address the conditions of approval e 'revised draft and survey o at shall be arming Services for review by Planning and Pu bilic wo ks Upon completion of the conditions of approval a °'d accep"ta ice of t'ne play, the plat .r may be submitted for recording with the recording fee to the Planner The plat snal be signed and notarized by the property owers. , a approved by the Department of Planning Services, the Planning Director snail so l the plaw if approved by the B and of County Commissioners, the Chair of the Board shall sign the plat. he Departn t of Rank wing Services shall submit the plat to the Weld Co Recorder for 'ecordongi. nt/ Clerk and K. The Pub is Facility Division is approved and bincinc the date the plat is recorded with the weld Count Clerk and Recorder. he applicant may withdraw the applicati n at a point in this process. Withdrawa[ letters shall be submitted in witingi to the Icpartrnents of Plangi Services and shell be signed by the property owners. Sec. 24-8-50. Requirements The Public '=acility Division revised draft plat shall oe subriUed once an application is approved. he applicant shall electronica y sub A the draft pia' VI P'DF format to the Department of Alarming Services for Ala ningi and Pub is Works review. Planning staff will se n l the drar p at back to the PAGE 165 2020-2958 ORD2020-16 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 Planninc 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 Public Facility Division plat shall 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 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 (1) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum scale of (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. D. The plat shall be titled as "Public Facility Division" followed by the assigned case number. E. The slat shall include a cornPlate and accurate legal description of the parent parcel and the lots being created. F. The plat shall bear the certifications shown in Appendix 24-D to this Chapter. 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 amendments, which resulted in the parent parcel. Reference previous land divisions by case number, reception number and recording date or deed. I. The plat shall delineate the location of all existing and proposed driveways and accesses associated with the Public Facility Division. J. The plat shall include the names of any existing roads or highways abutting the proposed Public Facility Division property. K. The plat shall include the roadway right-of-way adiacent to the parcel as well as the physical location of the roadway. L. The plat shall delineate all existing and future easements or rights -of -way located on the Public Facility Division property. M. The plat shall show all unique physical characteristics of the Public Facility Division property, including, but not limited to, irrigation canals and waterbodies, floodplains and geohazard areas. PAGE 166 2020-2958 ORD2020-16 N The plat shall include a vicinity map. The vicinity map shall locate the Public Facility Division lots with respect to adjacent roads, municipal limits, ditches, and railroads. 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. The Lot to be utilized by the public facility shall be designated as "PFD Lot' on the plat map and legal description. 0. The remaining parcel shall be shown and surveyed on the plat map if the parent parcel is a recorded or subdivision exemption lot or if the remaining parcel is less than thirty-five (35) acres gross and shall be designated as "Remainder Lot" or as otherwise designated by the Department of Planning Services. 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 the remaining parcel, stamped by a professional land surveyor, registered in the State of Colorado, certifying that the remaining parcel is greater than thirty-five (35) acre gross. S. All work shall comply with the requirements of Sections 38-50-101 and 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 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. 4-8-60, m znforcement A. 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, 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 exceeo 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. 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 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. PAGE 167 2020-2958 ORD2020-16 Sec. 24=8=70 - Amendment A. Me Lot Line Adjustment process shall be followed when proposing changes to a recorded Public Facility 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 24-8-80 of the Weld County Code. Amendments for modifying or removing easements or building and septic envelopes are considered minor modifications. The Department of Planning Services may approve a minor modification without a new application. The apolicant shall submit a revised draft plat, conforming to Lot Line Adjustment 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. SOCo 24-8=80 o Correctiion A. : he Planner may approve a correction to a Public Facility 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 Public Facility 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 Public Facility Division. B. The applicant shall submit a corrected draft plat, conforming to Public Facility Division plat requirements per Section 24-8-50 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. 2408-90, ® 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 subtect lots to be vacated. The vacation recuest letter shall describe the purpose of the vacation, any existing jj provements and any easements or rights -of -way that may be affected. The property owners shall provide the existing olat and a draft land survey plat showing the vacation described by a metes and bounds or aliquot legal description. B. Vacations must include all lots created by the initial and subsequent Public Facility Division. No Public Facility Division 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. 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. PAGE 168 2020-2958 ORD2020-16 E. If a hearing is scheduled, all property owners affected by the vacation 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. F. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination Public Facility Division 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. 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 orotected. 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 0X ® RE UBDIIVHSUON Sec. 24=9-10. = Overview. A. The Resubdivision process is used to modify a Historic Townsite, Minor Subdivision, Rural Land 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. B. Lots which are part of a Planned Unit Development, Family Farm Division, Public Facility Division Recorded Exemption, 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, 24-9-20O o Standards. A. The Resubdivision is subect to the following criteria. 1. A Resubdivision is ermitted within any Zone District included in Chapter 23, Article III, Division I of the Weld County Code, as amended. 2. The Resubdivision process shall not be utilized to create more than two (2) additional buildable lots. 3. The minimum parcel size of any Resubdivision Lot shall be determine° by the underlying 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. 5. Resubdivision lots shall be served by an on -site wastewater treatment system (OWTS). PAGE 169 2020-2958 ORD2020-16 6. Parcels created by a Resubdivision are not eligible for another Resubdivision which creates additional lots. 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 Resubd,►vision application electronically. The following application items are required: A. Application Form. S. Authorization Form, if applicable. C. Resubdivision Standards Certification that the application complies with the criteria per Section 24-9-20 of the Weld County Code. D. Historic Townsite Standards Certification that the application complies with the criteria per Chapter 23, Article V, Division 5 of the Weld County Code, if applicable. 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. Include Statement/Delegation of Authority documentation. 1. Trustee documents if the owner is a Trust. 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 proposed drainage, access and/or utility easements and rights -of -way. 10 Describe the current irrigation practices occurring on the site. PAGE 170 2020-2958 ORD2020-16 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, railroad, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, 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. N. Provide any covenants, grants of easement and restrictions imposed on the land and/or structures within the Resubdivision. O. Draft Resubdivision land survey plat ore Dared according to the plat requirements per Section 24-10-50 of the Weld County Code, as amended. P. A signed buffer report and affidavit of the names, addresses and parcel numbers of the surrounding property owners within 500 feet of the property. The buffer report shall expire thirty (30) days from preparation. Q. 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. 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 Preliminary Drainage Report per Section 24-3-200.B of the Weld County Code, as amended, if required. T. A Traffic Narrative shall be submitted in accordance with 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. 24-9-4.0. - Procedure A Resubdivision application shall be processed according to the following procedure: 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 submittal PAGE 171 2020-2958 ORD2020-16 requirements arc net prior to processing the application. Upon determination that the app icatior is conpolete, the application fee shall be paid. C. Once the acoolication is deemed complete and the fee paid, the Department of Planning Services sr all send the application to relevant referral agencies for review and co --rent as the Planner deems necessary. A list of referral agencies is located i i Appendix 23-G of the Weld County Code. The referral agencies shall be given twenty-one (21) days to respond imm the date of notice. Tree ''Daps Irrent of Fla rIning Services shah also send notice of the application t0 surrounding property owners within five hundred 500) feet of the sub e�ct Resubdivision. __ne fai'ure of any agency or surrounding property owner to respond within twenty-ne (2.4) days may be deemed a response with no corrcerrs. All referral agency review comments are cisidered recommendations to the County. T fie authority and responsibility 'o; s rpprova or dernia of a Resubdivision application rests with the Counts D. On the event a utility easement is affected, the Department of Planning Services shall schedule trc Resubdivision request on the first available Utilities Coordinating Advisory Committee meeting before reccivi hg County approval. The Planner wirl prepare a Staff Report within sixty (60) days of receipt of a corn pieta app icatior. The Staff Report sral contain a recommendation for approval or denial. Staff Report shall aoorcss all aspects of the application, including, but not limited to, referral agency comments a td the regulations contained in the Weld County Code. l _ he Department of Planning Services may administratively approve the application if the pplicant has demo istrated compliance with the Overview and Standards per Sections 24-9- /0 and 24-9-2C of the We d County Code. G. if the Department of Planning Services reviews the application and determines the applicant -as not met one (1) or more of the verview and Standards per Sections 24-9-10 and 24-9- 20 of the Weld County Code, the Planner shall prepare the Staff R port with recommendation of denial and a hearing shall be schedulec before the Board of Count Commissioners. I 1. if referral agency or surrounding property owner opposition is submitted to the Department of Planning Se -Moos, the Fannin,, Director may recommend the Resubdivision be scheduled or a-earinq aeforP the Board of County Commissioners. 0. Prior t0 the surrounds {� and of County Commissioners hearing, sign posting, legal publication, and ng jproperty owner notification shall be roc uured. 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 adacent to a publicly maintained road right-of-way, one (1) sign sha l be posted in the most p-ominert p ace on the property and a second sign sna l be hosted where a driveway (access drive) intersects a publicly maintained road right -o way u he Department of an ring Services shall certif that the sign has been posted the ten (10) days recedin tree hearing date, evidenced with an affidavit and photograph. 2. The Clerk to the Board shall arrant e for legal notice of the Board of County ConmrSsione Is eeting to be published in the newspaper designated by the Board fo PAGE 172 2020-2958 ORD2020-16 publication of notices. The date of publication shall be at least ten (10j days prior to the hearing. 3. The applicant shall be notified of the hearing date, time and location via Codified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing. --he Clerk to the card shall also give notice of the Resubdivision and the public hearing cate to those persons listed in the application as owners of property located within five hundred (500) feet of the Resubdivision 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 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 snail draft a Board Resolution. if scheduled for a public hearing, 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 Panning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall aoprove 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. 1. If the Resubdivision is approved by the Board of County Commissioners, 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. 2. if the Resubdivision is denied by the Boaro of County Commissioners, neither the applicant nor their successors or assigns may apply for a new Resubdivision for five (5) years, located on any portion of the property contained in the original application. 3. If the Resubdivision is approved by either the Department of Planning Services or tie Board of County Commissioners, the applicant shah address the conditions of approval enumerated in the staff report or Resolution. --he revised draft land survey plat shall be submitted to the Department of Planning Services for review by Planning and Public Works staff. K. Uoon 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. L. The Department of Planning Services shah submit the plat to the Weld County Clerk and Recorder for recording. M. The Resubdivision is approved aria binding on the date the plat is recorded with the Weld County Clerk and Recorder. PAGE 173 2020-2958 ORD2020-16 N. The aonlicant may withdraw the a 0 lication at any point in this process. Withdrawal getters shall be submitted, in wrrfting, to the Departments of Planning Services and shall be signed oy the property owners. Sec. 24-9050. m Plat Req frernents The Resubdivision revised draft plat shall be submitted once an application is approved. —he 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 olat back tthe applicant with redline comments to be incorporated in the revised plat. There may be subsequent Pounds of review. Jpon 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 lepartment 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 Resubdivision plat shall meet the following requirements: A. he plat shall be prepared by a registered professional land surveyor in the State of Colorado. B. [he plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Wylar. The size of each snail be twenty-four (24) inches in height by thirty-six (36) inches in width. C. The plat shall contain not arrows and scales. The drawing shall be at a scale of ore (1) inch equals one hundred (100) feet or (1) inch equals two hundred (200) feet. Vicinity maps shall oe at a minimum scale of (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. he plat shall be tifled as "Resubdivision" followed by the assigned case num oer. The Resubdivision lots shall be designated based off the previous plat or as specified by the Planner, on the plat mao and legal description. F. If lots surrounding the Resubdivision are not involved in the subject Resubdivision they shall be labeled "Not a Part". G. The plat shall include a complete and accurate legal description of the parent parcel and the lots ceing created. H. he plat shall bear the certifications shown in Appendix 24-E to this Chapter. The plat shall contain the original signatures and seals in permanent ink. Tho 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. K. The plat shall delineate the location of all existing and proposed driveway s and accesses associated with the Resubdivision. PAGE 174 2020-2958 ORD2020-16 he plat shall include the names of any existing roads or highways abutting tl e proposed Resubdivision property. M l -e plat shall include the roadway right-of-way adjacent to the parcel as well as the physical location of the roadway. N The plat shall delineate all existing and future easements or rights -of -way located on the Resubdivision property. O. The plat she I show all unique physical characteristics of 're Resubdivision property, includlig, but not limited to, irrigation canals and waterbodies, floodplains and geohazard areas. P. The plat shall include a vicinity map. The vicinity map shall locate the Resubdivision lots with respect to adjacent roads, municipal limits, ditches, and railroads. Show and label the subject section and dashed guartor section lines. Q. The plat shall show the location and setback radii of any active, shut-in or p9uggcol or abandoned oil and 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 witthe requirements of the Bylaws ard Rules of Procedure of the State Board of Registration for Professional Engineers and Professional ° and Surveyors ano the Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors oard Policy Statement. Sec. 24-9-60o o En orcamerMM A. 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 tia Board of County Commissioners, 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 writen request by the applicant. If the applicant is unwilling to meet an.ne conditions of ap rp oval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. -he entire application may be considered for denial by the Bard of County Commissioners. Alternatively, the Board of County Commissioners may consider upholding modifying or removing the contested conditions of approval. B. 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 selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has peen apps ved and recorded per Section 30-28-1 , 3'4), C R.S. Sec. 2"-9-70. ©Amendment A. The Resubdivision process shall be followed when proposing changes to a recorded Resubdivision Tat as described in Article IX 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 24-9080 of the Weld County Code. PAGE 175 2020-2958 ORD2020-16 The Resubdivision process shall be followed when arse ndinci one of the original ft``�lii Subdivisions numbered one _ nroLgh twegtfrone f\ SG` t nrougr��2 l or C. Of amending a Historic Townsite the criteria per Chapter 23 Article V Division 5 of the ViVefid Couity Code sha be Followed in addition to the Resubdivision requirements in Cr arote P 24, as amended. Sec. 24-9=60. o Cor sedan A. The Harmer may approve a correctin to a Resubdivision without a hearing or compliance with ,any of the submission refe raft or review requirements of Chapterr2 he correction shaftft only address tecnnical errors where such correction is consistent wit tie a Resubdivision. Co ec?n pproveo heal errors include, but are n',t limited to, correcting scrivener errors and erecting surveyor errrors as approved Resubdivision. he applicant s a ft sub ong as the correction is consiste t with f r orogilna 'J in Ce nt of the nit a corrected draft plat conforming to Resudivision Oat requirements per Section 249-50 of the Weld C.untb, Code, to the Depa rim e t of Flani ing Services for review and acceptance. Upon acceptance, the plat shall be submitted for recording with the recording fee. Sec. 2409-90. = VacSi A. A ororperty owner mad/ request a complete vacation of an Townsite or recorded Subdivision plat. Tie vacation request P eparment of P to be vacated. 1 anning e vaca io ervices and sha re uest ette S existing � subdivision I tistoric shall be submitted, in writing, to l besigned by all the owners of the subject lots a describe the Pu pose of the vacation, an / existing imp[ oveits and aiy easements or rights -of -way tr at may be affected. The property �wners shall provide the existin alai _ and a draft land survey plat showing tie vacation described oy a metes and bounds or aliquot Deg I description r the previous legal descriptior, of the plat. B. Vacations must include all lots created by the initial and subsequent olat. No plat may be vacated in part. C. The vacation rec uest ma/ be processed without _ an of the submissio requirements of Ch refer ft o r review ter 24. No sign posting, legal publication or surrounding_propert ;I owner notification shall op required. D. Upon receipt of the vacation request letter, the Planner will pre care 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 iplaced on the Board of Courty Cori missioners Consent Agerda unless otherwise req,ested by the 9oard of Count( Commissioners to be presented in a public hearing. f a hearing is scheduled, aft property owners affected by the vacation shall be notified of the hearing date, time and location via Certified Maift sent by the Cle rte to the Board aeast ten 0) days prior to the hearing. Prior to t e hearingto , the Clerk the Uoard shall draft a Board Reso ution setti ng forth tic determilnanon that Resubdivision, Historic Townsite or recorded Subdivision pat is vacated. Record of SL ch actor and a copy of the Resolution will be kept in the files of the Clerk to the PAGE 176 2020-2958 ORD2020-16 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 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 plat 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). K. 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. ART CLE X — LOT LINE ADJUST ENT Sec. 24=10=10. — Overview A. The Lot Line Adjustment process is used to modify a Recorded Exemption plat, Subdivision Exemption plat, Family Farm Division plat, Public Facility Division plat, or unplatted lands that are less than the minimum lot size in any Zone District included in Chapter 23, Article III of the Weld County Code, as amended. B. The Lot Line Adjustment process shall not be used to further subdivide or change any lot which is part of a Planned Unit Development, Minor Subdivision, Major Subdivision, Rural Land Division or Resubdivision. C. The Lot Line Adjustment 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. D. The Board of County Commissioners hereby determines that the Lot ine Adjustment 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. 24-10-20. — Standards A. The Lot Line Adjustment is subject to the following criteria. 1. A Lot Line Adjustment is permitted within any Zone District included in Chapter 23, Article I I I, Division I of the Weld County Code, as amended. PAGE 177 2020-2958 ORD2020-16 2. Only one Lot Line Adjustment application and one surveyed plat shall be the product of the Lot Line Adjustment process regardless of the number of lots and or plats which are party to the application. 3. The Lot Line Ac ustment plat replaces all previous plats of those lots modified by the Lot Line Adjustment. 4. The Lot Line Adjustment process does not create additional lots. 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 Lot 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). Sec. 244 0-30. a Submittal Rec uirements 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. C. Lot Line Adjustment Standards Certification that the application complies with the criteria per Section 24-10-20 of the Weld County Code. D. Family Farm Division Standards Certification that the application complies with the criteria per Section 24-7-20 of the Weld County Code, if applicable. E. Public Facility Division Standards 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 complies 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. Include Statement/Delegation of Authority documentation. I. Trustee documents if the owner is a Trust. J. Planning Questionnaire, including, but not limited to: 1. Explain the reason for the Lot Line Adustment request. PAGE 178 2020-2958 ORD2020-16 2. Explain the reason 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, 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, railroad, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, 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. If amending an unmanned Public Facility Division, 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, 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 of the Weld County Code, as amended. N. 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 shall be submitted in accordance with Section 24-3-200.A of the Weld County Code, as amended, if required. Q. A Traffic Narrative shall be submitted in accordance with Section 24-3-220.B of the Weld County Code, as amended, 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. 24-1 -40. — Procedure A Lot Line Adjustment application shall be processed according to the following procedure: PAGE 179 2020-2958 ORD2020-16 A. The Board of Coin l 0 0. and a h roving he app//cant s Services fo sub h C. On Se n 5tta cQ / Commissioners de egatesthe authority and responsil ilityforp at 11 ine Adustments to the Depart r, submit a Lot Line Ad review. The Planner sP ��all have the responsi merit of P anning Se rvices. -ocessinQ ustme nt application n to the Del ament of P equireme its are icatbn is co ce the nvices s pete, ji amino it y of ensuring that all a pcolica pion met prior to processing the application. Upon deterirdna ion that ea 00 is tion fee shall be paid applicsbon is deemed complete and the fee paid, the Department of F anning ra serd the aippHcation to-elevant referral aogercies for review ard pore rr ort as the Planner dee nn s \Held Courgy Cords. ecessa A ist of referral agencies is lccated in Append k 23-G of the he Peen°a llage ides shall be given twent -one (2') days to respond from tne date of notice. T re failure of any acen y to respond within twenty-one (2`) days may be deemed a response pith n0 concerns. AM referral agency review coll u �G uients are considered rrecormerdations to the Comrty. ~Jhe autP uorit and responsibility for appr val or de vial of a of i ne Aaljustcent app Vcajdors rests with the County. i� The Planner wi 1 'prepare a Staff Report within sixty' (60) days of -receipt of a complete application. ° � � Stal .-. sea P `� a � /11 r n � approva or ��. � r � P`_r application. The �a� Reiort srall contain recomrnendati�•�n for ap rov den is . The Sta��. Repo sha 1 address a D aspects of the apolication, including, but not Vied ed to, referral agenc y cam Ten's ai he the red„ lations contained in the VVelo County Code. The Department of P anning Services ma• jpplicant has demonst 10-10 and 24-10020 of ated co he We rn administratively approve the apolicatio if t h e iance with the Overview and Standards per Secticns 24- oun Code. L' If he Department of 1 _ larring Services reviews the applicatio i and determi hes the a pllcant has not met one (jj or more of the Overview arid Sjtardards per Sections 24-10-10 and 24- `0-20 of the WWeld County Code, the Planner shall prepare the Staff Report witn recor Tendation of dle rta D ard a hea kid shall be scnedu led before tne Board of Count y Corn ^n ssioners. G. Of reco inn ended for denial consider the Lot _ ine Ad s A ual be notified of me Boa he hearing date, time and location via Ce rc at least ten (10) days _ prior to the surround the Board of County Commissioners shalll hold app►'blic heathng to uistinn nt al�� lica ion o take fina0 action thereon. The appflcant nt Hied Mani sent by the Clerk to oaring No *in posting, pubka pion, or no propehty owner notification shall be required for the heari u. -e -oard of Courty Commis&ionersi decision shall consider the recor mendation of the P anning Staff, referral agency responses, the application case fi e and facts pi esented at the roubOic hearing The Roard of County Commissioners seal approve the ot, We Ad'jstment a�oplication ..i Bless it finds that the applicant ras not met ore 1) or more of the Overview and Standards per Sections 24-10a10 and 24-10-20 of the We 2. Prio 0. o the hea ri nob the Clerk to the f the Lot Line /soli u Hoard shall c raft a Board Reso d County Code. ution stment is approved by the Board of County Commissioners Pe c N.' Pd of the 'Board f County Commissioner determination an siuned Resolution shall be kept in the files of the C erk to the Board and recordeo by the PAGE 180 erk and Recorder. 2020-2958 ORD2020-16 4 f the ' ot Line Adjustment is denied by the Board of County Commissioners, neither the ppplicant nor their successors or assigns may apply for a new Lot Jig le Adiustrnent for five (5) years, located on any portion of the proper y contained in the original application. 1 1�f the Lot Line Adustment is approved by either the Department of Planning Services or the Board o' County Coalrnissioners, the applicant shalt/ address the conditions of approval enumerated in the staff report or Resolution. —he revised draft land survey plat shall be submitted to the Department of Planning Services for review by Planning and Public Works staff. 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 orooerty ownersif approved o v the Deoartment of Planning Services, the Harming Director shall sign the plat. If approved by the loard 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 ot ine Adjustment is approved and binding the date the plat is recorded with the Weld County Clerk and ecorder. he applicant may withdraw the application at any point in this process. Withdrawal letters small be submitted, in writing, to the Department of Planning Services and shall be signed by the property owners. Sec. 244 3-5Co = Nat requinremenits, The Lot ine Adjustment revised craft plat shall be submitted once an application is approved. he applicant shall electronically submit the draft plat in PDF format to the Department of Planning. Services for P arming 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 ma be subsequent rounds of review. Upon approval of the draft plat and completion of the conditions of approval, she applicant shall submit the signed and notarized approved plat to the Department of Planning Services. he approved plat snail be recorded in the Office of the Weld County Clerk and Recorder oy 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. he applicant sha I be responsible for paying the recording fee. -he Lot Li e A0 ustment plat shall meet the following requirements: A. _ p at shal be prepared by a registered professional In, -d surveyor in the State of Colorado. . The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. 1 _ he 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. he crawing shall be at a scale of one (1) onch equals one hundred (100) feet or (1) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum scale of (') inch eqals two thousand (2,000) feet. The font shall not be less PAGE 181 2020-2958 ORD2020-16 than ten (10) point in size. Maps drawn to other scales must be approved, in writing, by Planning Staff. D. The plat shall be titled as "Lot Line Adjustment" followed by the assigned case number. E. The plat shall include a complete and accurate legal description of the existing lots and the lots being amended. F. Show and label the existing lot line to be amended with a dashed -line type and the proposed lot line with a solid heavy line type. G. The plat shall bear the certifications shown in Appendix 24-F to this Chapter. H. The plat shall contain the original signatures and seals in permanent ink. I. 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. J. The plat shall delineate the location of all existing and proposed driveways and accesses associated with the Lot Line Adjustment. K. The plat shall include the roadway right-of-way adacent to the parcel as well as the physical location of the roadway. L. The plat shall include the names of any existing roads or highways abutting the proposed Lot Line Adjustment properties. M. The plat shall delineate all existing and future easements or rights -of -way located on the Lot Line Adjustment properties. 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 adoacent roads, municipal limits, ditches, and railroads. 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. O. The Lot Line Adjustment lots shall be alphabetically or numerically designated from smallest to largest in acreage, as specified by the Planner, on the plat map and legal description. 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) acres gross. The applicant shall provide a statement and metes and bounds legal description of the remaining parcel, stamped by a professional land surveyor, registered in the State of Colorado, certifying that the remaining parcel is greater than thirty-five (35) acre gross. S. 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. PAGE 182 2020-2958 ORD2020-16 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 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. Sco 2 ' ®1 -60o — Eforcmeat A. 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, 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 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. 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 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. — Amendment 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. 2410-80. - Correction 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 limited to, correcting scrivener errors and correcting surveyor errors as long as the correction is consistent with the original intent of the approved Lot Line Adjustment. B. The applicant shall submit a corrected draft plat, conforming to Lot Line Adjustment 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. PAGE 183 2020-2958 ORD2020-16 Sec. 24-10-90. — Vacation A. A property owner may request a complete vacation of an existing Lot Line Adjustment. 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 description. B. Vacations must include all lots created by the initial and subsequent Lot Line Adjustment. No Lot Line Adjustment 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. 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 Adustment 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. If a hearing is scheduled, all property owners affected by the vacation 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. F. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination that Lot Line Adjustment 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. 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 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 Lot Line Adjustment shall comply with all current Zoning and Subdivision regulations per Chapters 23 and 24 of the Weld County Code, as amended. RTICLE XI — OBSOLETE LAND DIVISIONS 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. B. Lots previously created by approved Recorded and Subdivision Exemptions are legal lots. PAGE 184 2020-2958 ORD2020-16 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. 5 -- Amendments to previously approved Recorded Exemptions and Subdivision Exemptions shall follow the procedures under Article X of Chapter 24, Lot Line Adjustments, and are also suboect to the applicable criteria for Amended Recorded Exemptions or Amended Subdivision Exemptions. F. Amendments for modifying or removing easements or building and septic envelopes are considered 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, B-1 and B-2, issued by a title insurance company issued 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 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 G. Corrections to Recorded Exemption or Subdivision Exemption plats shall follow the procedures under Section 24-11-40 of the Weld County Code. H. Vacations of Recorded Exemption or Subdivision Exemption plats shall follow the procedures under Section 24-11-50 of the Weld County Code. Sec. 2441-20. — Amended Recur ded E en Lion St, ndards A. The Amended Recorded Exemption is subect to the following 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 ystem (OVVTS), The smaller lots) of the Amended Recorded Exemption shall not be less than one (1) acre 3. 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 and shall not be more than thirty-five (35) acres gross. 4. The largest lot of any two -Lot Amended Recorded Exemption created after August 3, 2010, shall not be less than thirty-five (35) acres net. This provision does not apply if lots are already less than thirty-five (35) acres net. 5. The largest lot of any three -lot or four -lot Amended Recorded Exemption shall not be less than one hundred twenty (120) acres. 6. 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. 7. Lots shall be designated in alphabetical order on the plat and legal description from smallest to largest based on Lot size. PAGE 185 2020-2958 ORD2020-16 8. 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. 9. The original plat notes shall appear on the Amended Recorded Exemption plat; however, u pdated language and additional notes may be provided by the Department of Planning Services. 10. The approval of an Amended Recorded Exemption may be conditioned or restricted to carry out General 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 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 n otes on the plat. Sec. 24-11-30. — Amended Subdivision Exemption Standards A. The Amended Subdivision Exemption is subiect to the following criteria. 1 The Amended Subdivision Exemption Lot shall be served by an adequate water source, u nless the Lot was created 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) unless the Lot was created for a temporary unmanned use. 3. If the Amended Subdivision Exemption Lot was created for an unmanned facility, there is n o minimum lot size and the lot shall not be permitted for water or sewer services. 4. The Amended Subdivision Exemption Lot shall not be more than thirty-five (35) acres g ross 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 Subdivision Exemption lots 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, u pdated language and additional notes may be provided by the Department of Planning Services. 9. The approval of an Amended Subdivision Exemption may be conditioned or restricted to carry out General Provisions and Conformance Standards of Chapter 24 or to mitigate impacts or address concerns of referral agencies. Conditions and restrictions may include, PAGE 186 2020-2958 ORD2020-16 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 r the parcels, the utilization of existing housing, and the satisfaction of school district concerns, pursuant to the requirements of Section 30-28-133(4)(ah C.R.S. Conditions of approval shall be met prior to record g the plat, and restrictions may be enforced by mars of notes on the plat. Sec. 24=1 L =4©n COlJ !J V' on A. The Planner may approve a correction to an exemption without a hearing or compliance with gay of the submission, referral or review requirements of Chapter 24. The correction shall only address :echnical 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 long as the correction is consistent witn the original tent of the approved exemption. �. Me applicant shall submit a corrected draft plat, conforming to Lot Line Adjustment plat recuirements per Section 24-10-50 of the `geld County Code, to the Department of Rannirg Sc-vices for review and acceptance. Upon acceptance, the plat shall be submitted for recording witn the recording fee. Sec. 2441 41 =5Oo o Vacflon A. A property owner rat request a complete vacation of an existing Recorded H xemptio}n or Subdivision Exemption. 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 exemption to be vacated. -he vacation request letter shall describe the purpose of the vacation, any existing ins orovements and any easements or rights -of -way that may be affected. The property owner shall provide the existing exemption plat and a draft land survey plat showing the vacati n described by a metes and bounds or aliquot legal description. 0. Vacations must include all lots created by the initial and subsequent exemptions within the original tract of unplatted land. No exemptions may .oe vacated in part. C. The vacation request may be processed without any of the submission, referral or review requircme its of aRaoter 24. No sioj i posting, legal publication, or surroundinq property owner notification shall be required. 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. Exemptio 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 hearing is scheduled, all propera owners affected by 'he vacatishall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ter (10) 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 Exemption is vacated. Record of such action ant a copy of the Resolution PAGE 187 2020-2958 ORD2020-16 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. G. In the event any easement is included in the vacation, the resolution may oe conditioneo tnat 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 foe and shall be signed by the property owners and the Board of County Commissioners. 'he vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. AR iiICLE XD0 ® RESO LU T DON OF HLEGAL AND DUV0SIONS Sec. 24=12-1G. m Oveni ew 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. 0. Lots which are part of a Planned Unit Development, Minor Subdivision, Rural Land Division, Historic Townsite or recorded Subdivision plat, are not eligible for a Resolution of Illegal Land Division and must be remedied through the Resubdivision process per Chapter 2/1, Article IX of the Weld County Code, as amended, or the Planned Unit Development process per Chapter 27 of the Weld County Code, as amended. C. The Resolution of Illegal Land 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. Sec. 2442=20. - Standards A. rho Resolution of Illegal Land Division is subject to the following criteria: 1. The process defined in this Article is not being utilized for the purpose of evading the requirements and intent of Chapter 24 of the Weld County Code, as amendec 2. It is not possible to restore the parcels back to the last legal configuration. 3. There are no available land division options in Chapter 24 of the Weld County Code, as amended, to rectify the illegal land division. 4. The property owner of the illegal parcel is not the one who caused the illegal land division and is otherwise not responsible for it. 5. The property owner does not own a parcel of land adjacent to the subject parcel, whereby combining the lots would rectify the illegal land division. 6. At least ten (10) years has passed since the illegal land division occurred. 7. At least one of the illegal properties is less than thir`y-five (35) acres or is comprised of platted lots which have been divided without an approved land division process. 8. The properties shall have access to an adequate water supply. 9. The properties shall have access to an adequate sewage disposal method. PAGE 188 2020-2958 ORD2020-16 10. The properties shall demonstrate adequate access to an existing public road right-of-way either directly or by recorded easement. 11. Recertification of the illegal land split will not adversely impact the surrounding land uses. Sec. 24-12-30. — Submittal Requirements P rior to submitting a Resolution of Illegal Land Division application, the applicant shall submit a P re -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. S . Authorization Form, if applicable. 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. Include Statement/Delegation of Authority documentation. F. Trustee documents if the owner is a Trust. G. Planning Questionnaire, including, but not limited to: 1. Explain why this is the only option to remedy the illegal land division. 2. Explain how and why the illegal land division occurred. 3. Describe the existing and proposed uses of the property. 4. Describe the existinc and oroposed potable water source. 5. Describe the existing and proposed sewage disposal system. 6. Describe existing improvements. 7. Describe the existing access to the site. 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 -wad✓. A survey ma be required beyond the boundary of the illegal parcel. 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, 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, railroad, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc. PAGE 189 2020-2958 ORD2020-16 I 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. I. Sewage Disposal Documentation. Example: A septic permit or bill from a sanitary sewer district. Draft Resolution of Illegal Land Division land survey plat prepared according to the plat requirements per Section 24-12-50 of the Welc County Code, as amended. K. A signed buffer report and affidavit of the names, addresses and parcel numbers of the surrounding property owners within 500 feet of the property. The buffer report shall expire thirty (30) days from preparation. L. 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 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. Deco 240124 Oo e cifi rc 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 responsibilit , 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 snail 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-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 review comments are considered recommendations to the County. The authority and responsibility for approval or denial of a Resolution of Illegal _and 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 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 containec in the Weld County Code. The Department of Planning Services will review the application PAGE 190 2020-2958 ORD2020-16 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 sha [ be required. a. The Planner shall post a sign with case information on the property under cnsideration for the Resolution of egal ► and Division. The sign shall be posted adjacent to, and visible from, a_pub ]ic y maintained road right-of-way. In the event the property under consideration is not adjacent do a publicly maintained road eight -of -way, one (1) sign shall be posted in the most oro .inent 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 as been posted the ten (10) days preceding the hearing cate, evidenced with an affidavit and photograp�n. a. The Clerk to the Board shall arrange for legal notice of the Board of County Commissioners meeting to be published in the newspaoer _ desig nated by the Board for publication of notices. The date of publication shall be at least ten to the hearing. ( 0) days prior c. 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 `o the Board shall also give notice of the Resolution of illegal Land Division and the pub is 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. Sucn notificatioi shall be mailed, first-class, not less than ten (10) Gays before the scheduled public hearing. inadvertent errors by the applicant in supplying such list, or the Bard 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. d. Prior to the hearing, the Clerk to the Board shal draft a Board Resolution. 6. At the public nearing, the Board of County Commissioners snail consider the Resolution of ll egal ,and Division application and take final action thereon. Me Board of County Cornmissiouers decision shall consider the recommendation of the Planning Star rcfe Aral agency responses, the application case file and facts presented at the puohic hearing. The Boare of County Commissioners shall approve the Resolution of I legal and 1 Division application unless it finds that the applicant has not met one (1) or more of the Overview and Standards per Sections 24-12- 61, a if the Resolution of lllega ai 0 and 24-1220 of the Weld County Code. d Tivision is approved by the Boaro of County Commissioners, record of the Board of County Commissioner determination and Sned Resolution shall be kept in she files of the ClerK to the :oard and recorded by the Clerk and Recorder. o. if the Res0luti0n of illegal Land Division is denied by the Board of County Commissioners, the applicant may seek remedy through a court action. PAGE 191 2020-2958 oRD2020-16 c. f the Resolution of illegal i and Division is conditionally approved by the Board of County Coy � rr issioners, the applicant shall address the conditions of 2Pprova► enumerated in the resolution. The revised draft land survey plat shall be submitted to the Department of P anning Services for review by pla i r,gg and PeColic Works stal. 7. Ujoon completion of the conditions of approval anc accepta rce of the oat, the plat r iy be sn rbrnittcd 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 Commissicners chairnar 8. The Department of P anninq Services shall submit the plat to the Weld County C ark and Recorder for recording. 9 he Resolutioi of Illegal Lana Division is arppr ved and binding the date the plat is recorded with the Weld County Clerk and Recorder. 10. Tie applicant may withdraw the application at any point in this process. Withdrawal letters sha be submitted, h writing, to the Jeoa rtments .f Gila nnino Services and s►labe signed by thepropert owners. Sec. 2442-50. eP at Reg rrem`Ms The Resolution of Illegal .and Division revised draft plat shall be submitted once an application is approved. —he applicant shall electronically submit the draft plat in POF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat oack 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 Planni nq Services. The approved plat shall be recorded in the Office of the Weld County C erk and Recorder by the Depalment of Planning Services. _ he approved p at and additional req Ore dents shall be recorded within one hundred twenty (l 20) days from the date of approval b ' the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. �rhe Resolution of Duegai Land Division plat shall meet the following recuirements: A. The plat shall be prepares by a registered professional land surveyor in the State of Colorado. C. D. The plat shall be delineates i i Permanent black ink on a dimensionally stable polyester sheet such as I rylar. --The size of each shall oe twenty-four (24) inches in height by thirty-six (36) inches in width. Tre plat shall contain north arrows and scales. The drawing shal oe at a scale of one (1) inch equals one hundred (100) feet or (1) inch e•,uals two hundred (200) feet. Vicinity maps shall oe at a minimum scale if (1) inch equals two thousand (2,000) feet. The font shall not oe less than ten (10) point in size. Maps drawn to other scales must be approved h writing by Planning Staff. he plat shall be titled as "Resolution of Ille nurnoer. al Land Division" followed by the assigned case he Resolution of I ]legal Land Division lots snail be numerically designated as specified o the Planner, on the plat map and legal description. PAGE 192 2020-2958 ORD2020-16 F. If lots surrounding the Resolution of Illegal Land Division are not involved, they shall be labeled "Not a Part". G. 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. J. The plat shall contain a list of the history of deeds, land divisions and amendments, which resulted in the illegal lots being accepted. Reference previous deeds, land divisions and amendments by case number, reception number and recording date, as applicable. K. The plat shall delineate the location of all existing and proposed driveways and accesses associated with the Resolution of Illegal Land Division lots. L. The plat shall include the names of any existing roads or highways abutting the proposed Resolution of Illegal Land Division lots. M. The plat shall delineate all existing and future easements or rights -of -way located on the Resolution of Illegal Land Division lots. 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, flood plains and ceohazard 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. Show and label the subect section and dashed quarter section lines. P. The lat shall show the location and setback radii of any active, shut-in or plugged or abandoned oil and gas wells and tank batteries. Q. 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 the State Board of Registration for Professional Engineers and Professional Land Surveyors - Board Policy Statement. Sec. 24-12-60. - Enforcement A. 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 an 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. PAGE 193 2020-2958 ORD2020-16 B. The property owner shall comply with the recorded plat notes and lot configuration. Nonc0mp fiance may result in locking of :he lots and withholdinc 11'ile d County permits. C. The Hoard of County Commissioners shall have the power to bring an action to cnlloin any subdivider from sal ing, 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. 241,-12-70. o L menc entt A. ne I ot Dine Ad'istment prcess snail be followed when proposing changes to a recorded Resolution of 'legal anc Division plat as described in Article X of Chapter 24 of the Weld County Code, as amended. A few Lot Line Adjustment application shall be submitted for all changes besides those changes described as Corrections per Section 2412-80 of the Weld Count Cede. B. Amendments for modifying or removing easements are considered minor modifications. The Depahmlcnt of Planning Services may approve a minor modification without a new applioation. The applicant shall submit a revised draft plat, conformin;_ to ot Line Adustmert plat requirements per Section 24-10-50 of the Weld County Code, to the Department of Rani g Services for review and acceptance. Upon acceptance, the plat shall be submitted for recording with the recording fee. Sec. 24424 O n Co r ecfjor A. he Planner may approve a correction to a Resolution of Illegal Lard Division wig colt a hearing or compliance with any of the submission, referral or review requirements of Chapter �1The correct] n shaD or y address technical errors where stich c rrection is cor sisten wftrn the approved Resolution of illegal Land _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 Resolution of Illegal Land Division. The applicant shall submit a corrected draft plat, conforming to Reso Lion of Illegal ,and Division plat requirements per Section 24-12-50 of the Weld County Code, to the Depa `rnent of Planning Services for review and acceptance. Upon acceptance, the pat snail oe submitted for recording with the recording fee ART CIl xUU RFC � �VED R�JU c LE XBV WA -DROVE' \rTS Sec. 24=14=1 0 _ m p M V O rents and llrfrastrructt rs The following site hriprovements and infrastructure shall be constrL cted at the expense of tic subdividerldevelooer as stipulated in the Subdivision Improvements Agreement, approved by tic Board of County Commissioners as described in Section 2-3-30 of the Weld County Code. Collateral for on -site and off -site improvements will be required. A. The following subdivision improvements are associated with the Department of a n i 'ingg Services: andscapinq and screening, as required. On -site lighting, as required. PAGE 194 2020-2958 ORD2020-16 3. On -site signage, as required. 4. On -site furnishings, as required including mailbox and delivery kiosks, and development amenities. B. The following subdivision improvements are associated with the Department of Public Works: 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 sic ewalks, 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 re uired. 8. Permanent reference monuments and monument boxes, as required. 9. Underground electric, natural gas, communication utility lines and services, as required. C. Other facilities and requirements as may be specified in Chapter 24 or by the Board of Count Commissioners. ARTICLE XV — FEES, VIOLATIONS AND PENALTIES Sec. 24-1540. Esta s ijshment -- f County fees A. Fees for all land division applications provided in Chapter 24 of the Weld County Code shall be established by resolution of the Board of County Commissioners in conjunction with a hearing process that will consist of a ten (10) day public notice prior to the Board's hearing. Notice of said hearing is to be published once in the newspaper designated by the Board for publication notices. Land division application fees may be found in Chapter 5, Appendix 5-J of the Weld County Code, as amended. ' o 24=15-20 - State agency ;ees A. Review fees charged by a State agency for the review of any land division applications shall be made payable, by check or money order, to the state reviewing agency in the amount set by state law. The fee shall be paid at the time the application is submitted for consideration by the Planner. Failure to pay said fee shall result in the land division application being considered an incomplete application and will not be assigned a case number or hearing date until the fee is paid. Sec. 2445-30. a violations and penalties A. Any subdivider, or agent of a subdivider, who transfers, sells, agrees to sell or offers to sell any subdivided land before a Final Plat for such subdivided land has been approved by the Board of County Commissioners and recorded or filed in the office of the County Clerk and Recorder shall be guilty of a misdemeanor and shall be subject by a fine of not more than one -thousand dollars ($1,000) nor less than five -hundred dollars ($500) for each parcel or PAGE 195 2020-2958 ORD2020-16 interest in subdivided land which is sold or offered for sale. All fines collected shall be credited to the general fund of the County. B. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider or developer from selling, agreeing to sell or offering to sell subdivided land before a Final Plat for such subdivided land has been approved by the County in accordance with Chapter 24 and recorded with the Office of the Weld County Clerk and Recorder in accordance with Section 30-28-110(4), C.R.S. C. The County may refuse to issue (i.e. "lock") any permit for a parcel that was created without compliance with Chapter 24 as amended, if otherwise required to do so (i.e. an "illegal parcel"). This may include, but is not limited to, building permit, zoning permit, grading permit, access permit, liquor license, retail food license, or any other license issued by any County department. PAGE 196 2020-2958 ORD2020-16 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. BE IT FURTHER ORDAINED by the Board, that any development or proposed development not vested in accordance with law prior to October 21, 2020 shall comply with the terms and provisions of this Ordinance 2020-16 upon final adoption, in accordance with the pending ordinance doctrine. The above and foregoing Ordinance Number 2020-16 was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board Steve Moreno, Pro-Tem BY: Deputy Clerk to the Board Scott K. James APPROVED AS TO FORM: Barbara Kirkmeyer County Attorney Kevin D. Ross Date of signature: PAGE 197 2020-2958 ORD2020-16 P ublication: August 12, 2020 First Reading: P ublication: September 28, 2020 October 16, 2020, in the Greeley Tribune Second Reading: October 21, 2020 Corrected Second Reading: October 26, 2020 P ublication: November 4, 2020, in the Greeley Tribune Final Reading: P ublication: November 16, 2020 November 25, 2020, in the Greeley Tribune Effective: November 30, 2020 PAGE 198 2020-2958 ORD2020-16 P EN IX 24=A - MINOR SUBDIVISION FIN L PLAT CERTIFICATES 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.) B. LIENHOLDER CERTIFICATE: I (We), the undersigned, being the lienholder of the above described property, do hereby agree to the subdivision of lands, the same as shown on this plat, and agree that the lienholder's interests to the property are subordinated to the dedication of roads or rights -of -way to Weld County. (Signature ) On behalf of Typed or printed name Lienholder of Record (All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. X24-21-501 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 On behalf of ,printed name Date: (Signature Sewer Provider Typed or printed name Date: PAGE 199 2020-2958 ORD2020-16 On behalf of Natural Gas Provider On behalf of Electric Provider On behalf of (Signature ) Typed or printed name Date: (Signature ) Typed or printed name Date: (Signature ) Communication Provider Typed or printed name Date: 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 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: E. PLANNING COMMISSION CERTIFICATE: This is to certify that the Weld County Planning Commission has considered this Minor Subdivision, 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 roads 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 . PAGE 200 2020-2958 ORD2020-16 CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date: PAGE 201 2020-2958 ORD2020-16 APPENDIX 2443 - RURAL LAND DIVISION FINAL PLAT CERTIFICATES 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.) B. LIENHOLDER CERTIFICATE: I (We), the undersigned, being the lienholder of the above described property, do hereby agree to the subdivision of lands, the same as shown on this plat, and agree that the lienholder's interests to the property are subordinated to the dedication of roads or rights -of -way to Weld County. (Signature ) On behalf of Typed or printed name Lienholder of Record (All signatures must be notarized in accordance with the Revised Uniform Law on Notarial 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 herebgree to provide utility service to the subdivided lands, the same as shown on the attached plat. On behalf of Water Provider (Signature Typed or printed name Date: On behalf of Sewer Provider (Signature Typed or printed name Date: PAGE 202 2020-2958 ORD2020-16 On behalf of Natural Gas Provider On behalf of Electric Provider On behalf of (Signature ) Typed or printed name Date: (Signature Typed or printed name Date: (Signature ) Communication Provider Typed or printed name Date: 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 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: E. PLANNING COMMISSION CERTIFICATE: This is to certify that the Weld County Planning Commission has considered this Rural Land Division, 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 Rural Land Division 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 roads and rights -of -way are the sole responsibility of the landowners within the Rural Land Division. Witness my hand and the corporate seal of Weld County this day of , 20 . PAGE 203 2020-2958 ORD2020-16 CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST Weld County Clerk to the Board By: Deputy Clerk to the Board Date: PAGE 204 2020-2958 ORD2020-16 APPENDIX 24-C e FAMILY FARM DIVISION PLAT CERTIFICATES 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. (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. 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 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: C. DEPARTMENT OF PLANNING SERVICES e ADMINISTRATIVE REVIEW CERTIFICATE OF APPROVAL: This Family Farm Division plat is accepted and approved by the Department of Planning Services for filing. (Signature ) Director, Department of Planning Services (All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. §24-21=501 et. seq.) D. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: This Family Farm Division 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 PAGE 205 2020-2958 ORD2020-16 ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date: PAGE 206 2020-2958 ORD2020-16 APPENDIX 24-D - PULIC FACILITY DIVISION PL CERTIFICATES 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. (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. 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 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: C. DEPARTMENT OF PLANNING SERVICES - ADMINISTRATIVE REVIEW CERTIFICATE OF APPROVAL: This Public Facility Division plat is accepted and approved by the Department of Planning Services for filing. . (Signature ) Director, Department of Planning Services (All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. §24-21-501 et. seq.) D. BOARD OF COUNTY COMMISSIONERS CERTIFICATE Oh APPROVAL: This Public Facility Division 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 PAGE 207 2020-2958 ORD2020-16 ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date: PAGE 208 2020-2958 ORD2020-16 APPENDIX 24-E - RESUBDIVISION PLAT CE!TIFHCATES 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.) B. LIENHOLDER CERTIFICATE: I (We), the undersigned, being the lienholder of the above described property, do hereby agree to the subdivision of lands, the same as shown on this olat, and a ree that the lienholder's interests to the property are subordinated to the dedication of roads or rights -of -way to Weld County. (Signature ) On behalf of Typed or printed name Lienholder of Record (All signatures must be notarized in accordance with the Revised Uniform Law on Notarial 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 Water Provider (Signature ) Typed or printed name Date: On behalf of Sewer Provider (Signature ) Typed or printed name Date: PAGE 209 2020-2958 ORD2020-16 On behalf of Natural Gas Provider On behalf of Electric Provider On behalf of Communication Provider (Signature ) Typed or printed name Date: (Signature ) Typed or printed name (Signature ) Typed or printed name Date: Date: D. SURVEYOR CERTIFICATE: 1, , 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 with all applicable rules, reculations 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: E. DEPARTMENT OF PLANNING SERVICES - ADMINISTRATIVE REVIEW CERTIFICATE OF APPROVAL: This Resubdivision plat is accepted and approved by the Department of Planning Services for filing. (Signature ) Director, Department of Planning Services (All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. §24-21-501 et. seq.) F. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: This Resubdivision 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 roads and rights -of -way are the sole responsibility of the landowners within the Resubdivision. Witness my hand and the corporate seal of Weld County this day of ,20 . PAGE 210 2020-2958 ORD2020-16 CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date: PAGE 211 2020-2958 ORD2020-16 APPENDIX 24-F - LOT LINE ADJUSTMENT PLAT CERTIFICATES 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. (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. 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 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. fay: Registered Land Surveyor Date: C. DEPARTMENT OF PLANNING SERVICES - ADMINISTRATIVE REVIEW CERTIFICATE OF APPROVAL: This Lot Line Adjustment plat is accepted and approved by the Department of Planning Services for filing. (Signature ) Director, Department of Planning Services (All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. §24-21-501 et. seq.) D. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: This Lot Line Adjustment 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 PAGE 212 2020-2958 ORD2020-16 ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date: PAGE 213 2020-2958 ORD2020-16 APPEN DC 24-G - VACATION PLAT CERTIFICATES A. PROPERTY OWNER'S CERTIFICATE: I (We), the undersigned, being the sole owners in fee of the above described property, do hereby vacate the land division plat or record, now recognized as an unplatted tract of land. (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. X24-21-501 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: PAGE 214 2020-2958 ORD2020-16 APPENDS ' 24-H - RESOLUTION OF ILLEGAL LAND DIVISIONS CERTIFICATES A. PROPERTY OVVNER'S CERTIFICATE: I (We), the undersigned, being the sole owners in fee of the above described property, do hereby acknowledge the platted lands as shown on the attached plat. (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. X24-21-501 et. seq.) B. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: This plat is approved by the Board of County Commissioners of Weld County, State of Colorado to correct an illegal division of land. 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: PAGE 215 2020-2958 ORD2020-16 Hello