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Home My WebLink About20192133.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-09 was introduced on first reading on June 10, 2019, and a public hearing and second reading was held on July 1, 2019. A public hearing and final reading was completed on July 22, 2019, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-09 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE EFFECTIVE DATE: August 5, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 26, 2019 PUBLISHED: July 31, 2019, in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE #2019-09 ON FINAL READING: Amend Sec. 8-12-30. Grading Permit, to read as follows: A. thru C. — No change. D. Exemptions. The following land disturbance activities are permissible without obtaining a Grading Permit, unless otherwise located within a designated Municipal Separate Storm Sewer Systems (MS4) area. The Department shall determine if the exemption is in accordance with the County's MS4 permit. Other permits, such as right-of-way, flood hazard or OWTS, may still be required. 1. thru 6. — No change. 7. Maintenance and resurfacing of existing streets/roads, runways, and sidewalks/trail systems. 8. Performance of emergency work necessary to prevent or mitigate an immediate threat to life or property when an urgent necessity arises. The person performing such emergency work shall promptly notify the Department of Public Works of the problem and work required. Any person performing such emergency work shall immediately notify the Public Works Director of the situation and the actions taken. The Public Works Director may, however, require such person to obtain a Grading Permit to implement remedial ,,t0/1 -02i33 measures to minimize erosion resulting from the emergency. 9. and 10. — No change. 11. Land disturbance associated with the construction of natural surface trails may be exempted by the Director of Public Works except within designated MS4 areas, provided that the procedure outlined in this Article is completed prior to commencement of any trail construction. If exempted, the land disturbance associated with the construction of natural surface trails shall generally conform with the performance standards of this Article. Amend Sec. 8-12-40. Definitions, to read as follows: For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: Control Measures (formerly Best Management Practices/BMPs): means temporary or permanent erosion and sediment control methods that have been determined (according to EPA guidance) to be the most effective, practical means of preventing or reducing pollution from nonpoint sources. Control Measures address prevention of water pollution and control of dust from construction sites. Remainder of Section — No change. Amend Sec. 8-14-30. Regulation of access onto County roadways, to read as follows: A. thru H. — No change. I. Access Spacing Criteria. The following Table 1 reflects the minimum access spacing criteria for county roadways and intersections. Table 1 — Minimum Access Spacing Criteria (Feet) Remainder of Section — No change. Amend Sec. 8-14-40. Access Permit application process, to read as follows: A. thru E. — No change. F. Permit Limitations. An approved access permit expires after one (1) year from its date of issuance and requires the permit holder to meet the specifications and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-Q. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. G. WOGLA Access Permit. An approved WOGLA access permit expires after three (3) years from its date of issuance and requires the permit holder to meet the specifications and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-Q. Amend Sec. 8-14-50. Permit holder's general responsibilities, to read as follows: A permit holder is responsible to comply with the general provisions of this Code, including temporary accesses permits issued for the following items: Additional requirements and more detailed information are shown in the special provisions of the access permit. A. — No change. B. Traffic Control. Access construction activities should not interfere with traffic on County roadways. If interference with traffic is necessary, a traffic control plan shall be submitted to, and approved by, the Department of Public Works as part of the permit application. All traffic control shall conform to the most current version of the Manual on Uniform Traffic Control Devices standards, which is available for review on the Federal Highway Administration website. All regulatory signs require approval of the Board of County Commissioners. If applicable, the permit holder shall be required to install all necessary signage and shall bear all expenses for the fabrication and installation of road name signs, permanent barricades, and signs required as part of a development project (e.g., one way, no parking, no outlet, stop sign, speed limit, etc.). C. — No change. D. Tracking control. Permanent vehicle tracking controls provide stabilized site access where vehicles exit a location onto a paved road. Vehicles are required to perform a complete revolution of all tires prior to entering a County -maintained roadway. Effective vehicle tracking control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial or high traffic volume accesses shall provide permanent tracking control devices, which include, but are not limited to, double cattle guards or a paved (asphalt/concrete) tracking pad extending three hundred (300) feet into the site to mitigate impacts to the paved road, including damages and/or offsite tracking of mud or other materials. Requests for temporary tracking control techniques must be approved by the Department of Public Works prior to installation. Temporary tracking control shall be used during construction unless permanent tracking control is installed ahead of construction activities; such devices include, but are not limited to, crushed natural aggregate (recycled crushed concrete or asphalt shall not be used for any vehicle tracking pads) along with a geotextile fabric or pre -fabricated vehicle tracking pads with approved dimensions. Use -by -right permitted agricultural accesses are exempt from tracking control requirements. Tracking control is required for construction of accesses to prevent tracking from the site onto paved public roadways. The permit holder may be held financially responsible for damage to the roadway resulting from inadequate tracking control. All tracking control devices and designs must be in accordance with the Weld County Engineering and Construction Criteria, Appendix 8-Q. Remainder of Section — No change. Amend Sec. 8-14-60. Variance from specific access permit requirements, to read as follows: A property owner may request a variance from specific requirements set forth in this Article XIV. The Department of Public Works will consider requests for variances on a case -by -case basis. Requests for variances may be submitted in a written letter to Public Works addressing the hardship or justification for the variance and supporting documentation to explain why they cannot comply with the requirements of this Article or as outlined in the Weld County Engineering and Construction Criteria, Appendix 8-Q. Requests will be reviewed and acted upon by the Public Works Director or designee to ensure they will adequately protect the public health, safety, and welfare. Public Works will respond with an approval or denial in writing within thirty (30) days of receipt of the variance request. Amend Sec. 8-14-100. Access Control Plans (ACP's), and additional techniques and requirements for access on County roads, to read as follows: A. thru C. — No change. D. Access Types. Access type refers to the land use on the adjoining property that the access serves. An approved access permit helps establish the access use and existing level of intensity to the property. The following access types are the most common in Weld County: 1. thru 3. — No change. 4. Multiple Use Access. Shared accesses where two (2) or more access types utilize the same access. Remainder of Section — No change. Affidavit of Publication STATE OF COLORADO County of Weld, I Jennifer Usher ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Thirty -First day of July A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Thirty -First day of July A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 31, 2019 Total Charges: $64.05 31st day of July 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 NOTICE OF ANAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-09 was introduced on first reading on June 10, 2019, and a public hearing and.second'reading was held on July 1; 2019. A public hearing and final reading was completed on July 22, 2019, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined' in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 0 Street, Greeley, Colorado, between thehours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may beaccessed through the Weld County Web. Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-09 • ORDINANCE TITLE: IN. THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE EFFECTIVE DATE: August 5, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • DATED: July 26, 2019 PUBLISHED: July 31, 2019, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE #2019-09 ON FINAL READING: Amend Sec. 8-12-30. Grading Permit, to read as follows: A. thru C. — No change. D. Exemptions. The following land disturbance activities are permissible without obtaining a Grading Permit, unless otherwise located within a designated Municipal Separate Storm Sewer Systems (MS4) area. The Department shall determine if the exemption is in accordance with the County's MS4 permit. Other permits, such as right-of-way, flood hazard or OWTS, may still be required. 1. thru 6. - No change. 7. Maintenance and resurfacing of existing streets/roads, runways, and sidewalks/trail systems. 8. Performance of emergency work necessary to prevent or mitigate an immediate threat to life or property when an urgent necessity arises. The person performing such emergency work shall promptly notify the Department of Public Works of the problem and work required. Any person performing such emergency work shall immediately notify the Public Works Direbtor of the situation and the actions taken. The Public Works Director may, however, require such person to obtain a Grading Permit to implement remedial measures to minimize erosion resulting from the emergency. . 9. and 10. - No change. 11. Land disturbance associated with the construction of natural surface trails may be exemptedby the'Director of Public Works except within designated MS4 areas, provided that the procedure outlined in this Article is completed 'prior to commencement of any trail construction. If exempted, the land disturbance assodiated with the construc- tion of natural surface'trails shall generally conform with the performance standards of this Article. Amend Sec. 8-12-40. Definitions, to read as follows: - For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: Control Measures (formerly Best Management Practices/BMPs): means temporary or permanent erosion and sed- iment control methods that heve,been determined (according to EPA guidance) to be,the most.effective, practical `means of preventing or reducing pollution from. nonpoint sources. Control Measures address prevention of water pollution and control of dust from construction sites. Remainder of Section — No change. Amend Sec. 8-14-30. Regulation of access onto County roadways, to read as follows: A. thru H. - No change.' I. Access Spacing Criteria. The following Table 1 reflects the minimum access spacing criteria for county roadways, and intersections. Table 1 - Minimum Access Spacing Criteria (Feet) Remainder of Section No change. Amend Sec. 8-14-40. Access Permit application process, to read as follows: A. thru E. - No change. F. Permit Limitations. An approved access permit expires after one (1) year from its date of issuance and requires the permit holder to meet the specifications and general engineering' standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-Q. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. •. . G. WOGLA Access Permit. An approved WOGLA access permit expires after three (3) years from its date of issuance and requires the permitholder to meet the specifications and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-0. Amend Sec. 8-14-50. Permit holder's general respdnsibilities, to read as follows: A permit holder is responsible to comply with1the'general provisions of this Code, including temporary accesses • permits issued for the following items: Additional requirements and more detailed information are shown in the special provisions of the access permit. A. — No change. B. Traffic Control. Access construction activities should not interfere with traffic on County roadways.. If inter- . ference with traffic is necessary, a traffic control plan shall be submitted to, and approved by, the Department of Public Works as part of the permit application. All traffic control shall conform to the most current version of the Manual on Uniform Traffic Control Devices standards, which is available for review on the Federal Highway Admin- istration website. All regulatory signs require' approval of the Board of County Commissioners. If applicable, the ' permit holder shall be required to install all necessary signage and shall bear all expenses for the fabrication and installation of road name signs, permanent barricades, and signs required as part of a development project (e.g., one way, no parking, no outlet, stop sign, speed limit, etc.). C. - No change. D. Tracking control. Permanent vehicle tracking controls provide stabilized site access where vehicles exit a location onto a paved road. Vehicles are required to perform a complete revolution of all tires prior to entering a 'County -maintained roadway. Effectivevehicle tracking: control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial or high traffic volume accesses shall provide permanent tracking control devices, which include, but are not limited to, double cattle guards or a paved (asphalt/concrete) tracking pad extending three hundred (300) feet into the site to mitigate impacts to'the paved road,' including damages and/or offsite tracking of mud or'other materials. Requests for temporary tracking control -techniques must be approved by the Department of Public Works prior to installation: Temporary tracking control shall be used,during construction unless permanent tracking control Is installed ahead of construction activities; such devices include, but are not limited to, crushed natural aggregate (recycled crushed concrete or asphalt shall not be used for any vehicle tracking pads) along with a geotextile fabric or pre -fabricated vehicle tracking pads with approved dimensions. Use -by -right permitted ag- ricultural accesses are exempt from tracking control requirements. Tracking control is required for construction of accesses to prevent tracking from the site onto paved public roadways. The permit holder may be held financially responsible for damage to the roadway resulting from inadequate tracking control. All tracking control devices and designs must be in accordance with the Weld County Engineering and Construction Criteria, Appendix 8-Q. Remainder of Section — No' change. • Amend Sec. 8-14-60. Variance from specific access permit requirements, to read as follows: A property owner may request a variance from specific requirements set forth in this Article XIV. The Department of Public Works will consider requests for variances on a case -by -case basis. Requests for variances may be submit- ted -in a written letter to Public Works addressing the hardship or justification for the variance and supporting docu- mentation to explain why they cannot comply with the requirements of this Article or as outlined in the Weld County Engineering and Construction Criteria, Appendix 8-Q. Requests will be reviewed and acted upon by the Public Works Director or designee to ensure they will adequately protect the public health, safety, and welfare. Public Works will respond with an approval or denial in writing within thirty (30) days of receipt of the variance request. Amend Sec. 8-14-100. Access Control Plans (ACP's), and additional techniques, and requirements for access on Countytroads, to read as follows: A. thru C. - No change. D. Access Types. Access type refers to the land use -on the adjoining property that the access serves. An approved access permit helps establish the access use and existing level of intensity to the property. The following access types are the most common in Weld County: 1. thru 3. --No change. 4. Multiple Use Access. Shared accesses where two (2) or more access types utilize the same access. Remainder of Section - No change. The Tribune July 31, 2019 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-09 was introduced on first reading on June 10, 2019, and a public hearing and second reading was held on July 1, 2019, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 22, 2019. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-09 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 22, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 2, 2019 PUBLISHED: July 10, 2019, in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE 2019-09 ON SECOND READING: CHAPTER 8 PUBLIC WORKS Amend ARTICLE X — Repealed and Reserved. ARTICLE XIV — Road Access Policy Amend Sec. 8-14-40. Access Permit application process, to read as follows: A. thru C. — No change. D. Review Process. The application and information provided by an applicant for an access permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws and o?D/9-33 codes. If the Department of Public Works finds the information and supporting documentation in the application for an access permit conforms to the policies and requirements set forth in this Article XIV, meets the requirements defined in the Weld County Engineering and Construction Criteria, as shown in Appendix 8-Q, or in other pertinent laws, regulations or ordinances, and that all required fees have been paid, an access permit shall be issued to the applicant. E. — No change. F. Permit Limitations. An approved access permit expires after one year from its date of issuance and requires the permit holder to meet the specifications and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-Q when working on the permitted access. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. Remainder of Section — No change. Amend Sec. 8-14-50. Permit holder's general responsibilities, to read as follows: A permit holder is responsible to comply with the general provisions of this Code, including temporary accesses permits issued for the following items: Additional requirements and more detailed information are shown in the special provisions of the access permit. A. thru C. — No change. D. Tracking control. Permanent vehicle tracking controls provide stabilized site access where vehicles exit a location onto a paved road. Vehicles are required to perform a complete revolution of all tires prior to entering a County -maintained roadway. Effective vehicle tracking control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial or high traffic volume accesses shall provide permanent tracking control devices, which include, but are not limited to, double cattle guards or a paved (asphalt/concrete) tracking pad extending three hundred (300) feet into the site to mitigate impacts to the public road, including damages and/or offsite tracking of mud or other materials. Requests for temporary tracking control techniques must be approved by the Department of Public Works prior to installation. Temporary tracking control shall be used during construction unless permanent tracking control is installed ahead of construction activities; such devices include, but are not limited to, crushed natural aggregate (recycled crushed concrete or asphalt shall not be used for any vehicle tracking pads) along with a geotextile fabric or pre -fabricated vehicle tracking pads with approved dimensions. Use -by -right permitted agricultural accesses are exempt from tracking control requirements. Tracking control is required for construction of accesses to prevent tracking from the site onto paved public roadways. The permit holder may be held financially responsible for damage to the roadway resulting from inadequate tracking control. All tracking control devices and designs must be in accordance with the Weld County Engineering and Construction Criteria, Appendix 8-Q. E. No change. F. Access Sight Distance. Sight distance is essential to protect the traveling public at all access points along County roadways. Sight distance is the length of roadway that is clearly visible to the driver and is dependent upon the height of the driver's eye above the road surface, the specified object height above the road surface, and the height of sight obstructions within the line of sight. The minimum sight distance available on a roadway must be sufficient to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object. In evaluating the overall performance of a roadway, both the horizontal and vertical sight distances must be considered. When items such as walls, buildings, bridge piers, cut slopes, or vegetation growth are near the roadway on the inside of a curve, they can block a driver's view of the road ahead. If they are too close, the driver will not have sufficient distance along the curved roadway to stop when a hazardous condition comes into view. The minimum requirements and technical criteria for sight distance are in the Weld County Engineering and Construction Criteria, Appendix 8-Q. Amend Sec. 8-14-60. Variance from specific access permit requirements. A property owner may request a variance from specific requirements set forth in this Article XIV. The Department of Public Works will consider requests for variances on a case -by -case basis. Requests for variances may be submitted in a written letter to Public Works addressing the hardship or justification for the variance and supporting documentation to explain why they cannot comply with the requirements as outlined in the Weld County Engineering and Construction Criteria, Appendix 8-Q. Requests will be reviewed and acted upon by the Public Works Director or designee to ensure they will adequately protect the public health, safety, and welfare. Public Works will respond with an approval or denial within thirty (30) days of receipt of the variance request. Amend Sec. 8-14-100. Access Control Plans (ACP's), and additional techniques and requirements for access on County roads. A. thru F — No change. G. Roadway Improvements. Projects with high traffic/trip generation or a crash history may require public improvements; including but not limited to, auxiliary lanes, such as acceleration and deceleration lanes, exclusive left or right-hand turn lanes, or a traffic signal, in accordance with the Weld County Engineering and Construction Criteria, as shown in Appendix 8-Q. If these types of roadway improvements are required, the permit holder will be responsible to enter into an improvements agreement with collateral. The agreement shall be approved by the Board of County Commissioners. Add and Amend APPENDIX 8-P — RIGHT-OF-WAY USE PERMIT Amend APPENDIX 8-Q — WELD COUNTY ENGINEERING AND CONSTRUCTION CRITERIA Affidavit of Publication • NOTICE OF SECOND READING OF ORDINANCE PUreuant to the Weld County Home.Rufe Charter; Ordinance. Number 2019.09 was introduced on first reading on June 10, 2019; and a publichearing and second reading was held onJuly with changes being made. as listed below: A ' public hearing and third reading is scheduled fo be: held in the Chambers of the Board; faceted within theWetd County'AdMinistration Building 1150 O Street, Greeley; Colorado 80601; on July 22; 2019 At persons in any manner interested in next reading of said Ordinance are requested toattend andmaybe heard, Please contact the Clerk to. the. Board's Office at phone (970)400-4225.0! fez (970) 3367233, prier to the day tithe': hearing if. as a result 'of a disability- you require reasonable accommodations in order to particrpate ,in this hearing:.: Any backup material; exhibrtsor information previously submitted to the Sol of.: County Commissioners concerning this matter may be examined in the office ottee Clerk:to the Board of County Commissioners; located within'the•Weld County Administration:Building,1150 0 .Street, Greeley, Colorado between the hours of 8 00'0 m. and 5 00 p m:; Monday thru Friday, or 'may be accessed through the Weld County Web Page (wwW.weldgov.COrn) E majI massages sent to an individual Commissioner may: not be included in the case fife . To ensure inclusion of your e-mail correspondence into the case fife; please send:a copy to egesick@wetdgbv cam. ORDINANCE NO:: 2019-09 ORDINANCE TITLE:: IN THE MATTEROF REPEALING AND REENACTING, WITHAMEND.:: CHAPTER 8 PUBLIC. WORKS; OF THE WELD COUNTY CODE DATE OF NEXT. READING: July 22 2019 at 9:00 am. BOARD OF COUNTY COMMISSIONERS 'WELD COUNTY; COLORADO DATED: July 2, 2019 : CHANGES MADE TO CODE ORDINANCE 2019-09 ON SECOND R CHAPTER 8 PUBLIC WORKS Amend ARTICLE X'- Repealedand Reserved.;:' ARTICLE XIV—RoectAccess,Policy .? Amend Sec,8144O, Access Permit application process; to read as follews: A. thru C.:— No change D. Review Process_. The application and informationprovided by an applicant for so access permit shall be reviewed by the Department of Public Works; The'applidation may also be_:reviewed byoth- er departments or agencies to Verifycompffance with any applicable.laws and codes; If the Depart - merit of Public Works finds' the information and supporting documentation in the application for. an .access permit conforms to the policies and requirements set forth in this Arkcle XIV,_meets the re- quirements defined in the WeldCountyEngineering and. Construction: criteria, as shown in Apperr dix 8.0, or in other pertinent laws; regulations:or ordinances; and that all required fees have been rid; an access permit shall be issued to the applicant. — No ohanye. F. Permit Limitations. An approvedaccess permit expires after one year from 8sdate'of issuance and requires the permit holder to meet the speciticationsand general engineering standards of. the Weld County Engineering and Construction Criteria, as shown in Appendix 8-0 when working on:. the permitted access: The Department oh Public Works shalt be responsible for.ensuang cemPlf . lance with such specifications and standards. Remainder of Section No change: Amend Sec. 8-14-50. Permit holder's general responsibilities, to 'read as follows A permit holder is toresponsible tcomply with the general provisions of this Code including temppo- rary accesses permits is:stied for the following items Additional requirements and trlbre detalled;in- formation are shown in the special provisions of the acoeas'permrt A. thru C. — No change:. D. Tracking control;, Permanent vehicle tracking controls provide stabilized site access where veht- cles'exit a location ante a' paved road Vehiclesare required to pertoni a complete revolution of alt tires prior to entering a. County4riaintained:roadway Effective vehicle Iracking Centro[ helps remove sediment (mud or dirt) from vehicles.: Commercial industrial: orhigh'.tratfic volume accesses shah provide permanent tracking central' devices which include; but are not limited to : double cattle guards ora paved (a§phalUbaricrets) tracking pad extending three hundred (300) teat into the sits to mitigate impacts to the public road; including damages andfor offelte tracking ofmud or other .. materials:. Requests fortemporary tracking control techniques must be:approvedby the Depart- ment .f. of Public Works prior to ipstaltation:;TemporarY. tracking controtaliall be used during con- struction unless permanent tracking control Is Installed ahead of construction activities such devl- 'ces include, but are not limited to. crushed natural aggregate (recycled Crushed concrete or as- phalt shall not be rised, for any vehicle tracking pads) along with a geotextite fabric`or pre • fabrtcated.vehicle tracking pads; with approved dimensions:''Use-by-right permrtled:agriculturafac- `ceases are exempt from tracking control requirements. Tracking centrals required for construe- lion of accesses to prevent tracking from the'site onto. paved public: roadways The: permit holder. may be held financially responsible for damage to the roadway resultingirom inadequate tracking control; All tracking control devises and designs must be iri accordance with the Weld County En• ' gineering and Construction Criteria, Appendi><8-0. E, No change. F. Access Sight Distance Sight distance is essential to protect the traveling public at all access. points along County roadways.. Sight distance is the length of roadway that is clearly visible to the • driver and is dependent upon the height of nie',driVer's eye above the road surtace;..the specified :object height above the road surface and the.' height of eight obstructions within the floe of sight. The minimum,sight distance available on a roadway must be sufficient to enable a vehicle traveling at or near the design speetl to atop before reaching a stationary object.;; in evaluating the overall:. .performance of a roadway; both the.horizontal::and yorticatsight distances must be considered;;:::: When items such as walls; buildings, badge piers cut slopes or vegetation growth;are near the roadway on the inside of a curve; they can block a driver's view of the: road ahead.:` If they are tqo close, the driver will not have sufficient distance along the dungictreadWay to stop when a hazard- 'ous condition comes into view.. The minimum requirements'and, technical Criteria for sight distance are in the Weld County Engineering and Construction Criteria Appendix 8-0 Amend Sec: 8-14-50. Variance from specific access permit requirements A property. owner may request a vanancearom specific requirements set forth in: this Article XIVlr • The Department of Public Works will consider requests forvadances on acese-by-cale basis:: Re- quests for varlances may be sebrnitted Ida written letter to Public Works addressing the hardship or justification for the, variance end supporting documentation fo explainwhy they cannot damply with the requirements as outlined inthe Weld County Enggineering endConstruction Criteria Appendix :8-Q; Requests will be reviewed and ected'upon by the Public Works Directoror designee to err sure they will adequately protect the public health safety; and Welfare,: public Works witrespond with an: approval or denial within thirty O0)46O et receiptot the variance request. Amend Sec. 8.14-0 Access Control Ptans;(ACP.s),, end additional techniques and re- quiremenis for access on County roads ' A thuF-Nochango' G Roadway improvements Projects with hi htraffic/trip generation or a crash history may require ' public improvements; including but not. limited to auxiliary lanes such as acceleration and deceter ation lanes', exclusive left or right-hand hunt tenet; or atrafic signal; in accordance"wi h the Weld '.County Engineering and Construction Criteria; as shown iri..Appendix 8-Q If these types of road- 'way improvements are required, the permit holder will be responsible. to' enter into all improve - 'merits agreement with collateral. The' agreement shat be; approved byte Board o (County Com- mtesionera Add and Amend APPENDIX 8-P - RIGHT-OF-WAY USE. PERMIT Amend APPENDIX 8.0 - WELO'COUNTY. ENGINEERING AND CONSTRUCTION CRITERIA The Tribune • July 1'0:2019 STATE OF COLORADO County of Weld, I Vickie Garretts SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was Tenth day of July A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Tenth day of July A.D. 2019 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 10, 2019 Total Charges: $50.77 10th day of July 2019 My Commission Expires 02/19/2023 �f� fIf JERILYN L MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2.0074008708 MY COMMISSION EXPIRES FEBRUARY 19, 2023 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-09 published below, was introduced and, on motion duly made and seconded, approved upon first reading on June 10, 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 1, 2019. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-09 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 1, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2019 PUBLISHED: June 14, 2019, in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2019-09 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. ©i q- o a,5 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 8 PUBLIC WORKS ARTICLE X - State Construction Stormwater General Permit Amend Sec. 8-10-30. Information and application forms. Information and application forms for stormwater permits or R -Factor waivers may be obtained at: coloradowaterpermits.com or by calling (303) 692-3500. ARTICLE XII - Grading Permit Policy Amend Sec. 8-12-30. - Grading Permit. A. and B. — No change. C. No Work Without Permit. No person or entity may surface disturb, grade, construct or excavate over one (1) acre of nonexempted ground without first having obtained a Grading Permit from the Department of Public Works. In addition, no person or entity may grade, excavate, construct or leave disturbed and unstabilized over one (1) acre of nonexempted ground beyond the date or dates specified in the Permit unless: (1) the person or entity requests a written extension before the expiration of the initial Permit; and (2) a new Permit or extension is granted. It is a violation of this article to perform this work without a permit. D. Exemptions. The following land disturbance activities are permissible without obtaining a Grading Permit, unless otherwise located within a designated Municipal Separate Storm Sewer Systems (MS4) area. The Department shall determine if the exemption is in accordance wih the County's MS4 permit. Other permits, such as right-of-way, flood hazard or ISDS, may still be required. 1. and 2. — No change. 3. Trenching incidental to the construction, maintenance and installation of approved underground pipelines, electrical or communication facilities. However, a Grading Permit may be required for over one (1) acre of ground disturbed for construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not directly in the pipeline trench. 4. — No change. Delete 5 and renumber subsequent items, as follows: 5. County capital improvement or County maintenance projects within a right-of-way. 6. Maintenance and cleaning of existing ditches, lakes, ponds and water storage reservoirs. 7. Maintenance and resurfacing of existing streets/roads, runways, sidewalks/trail systems, parking lots/loading areas and railroad beds are exempt from Grading Permit requirements. 8. Performance of emergency work necessary to prevent or mitigate an immediate threat to life or property when an urgent necessity arises. The person performing such emergency work shall promptly notify the Department of Public Works of the problem and work required. Any person performing such emergency work shall immediately notify the Public Works Director of the situation and the actions taken. The Public Works Director may, however, require such person to obtain a Grading and Erosion Control Permit to implement remedial measures to minimize erosion resulting from the emergency. 9. Land disturbance incidental to the creation of irrigation water storage ponds. Stockpiles that create more than an acre of disturbed area may require a Grading Permit. 10. Graves in cemeteries. 11. Land disturbance associated with the construction of natural surface trails may be exempted by the Director of Public Works except within designated MS4 areas, provided that the procedure outlined in this Article is completed prior to commencement of any trail construction. If exempted, the land disturbance associated with the construction of natural surface trails shall generally conform with the performance standards of this Section. Amend Sec. 8-12-40. Definitions. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: Acre: means a total area of forty-three thousand five hundred sixty (43,560) square feet. Contractor means any party performing the installation and construction for a permit holder who obtains a permit pursuant to this Article. A contractor may be a permit holder under this definition. Control Measures (formerly Best Management Practices/BMPs): for the purposes of this Article, means temporary or permanent erosion and sediment control methods that have been determined (according to EPA guidance) to be the most effective, practical means of preventing or reducing pollution from nonpoint sources. Control Measures address prevention of water pollution and control of dust from construction sites. Disturbed area: means that area of the land's surface disturbed by any work activity upon the property by means including, but not limited to: grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned agricultural or the tillage of a parcel zoned PUD (planned unit development) within the area identified for agricultural uses. Grading: means excavation, cutting, filling, clearing and grubbing, stockpiling and recontouring the land surface, or any combination of these. Grading plan: means the construction drawing or other depiction showing the existing and the proposed elevation contours of the area to be disturbed by construction. Land disturbance activity: means any activity which changes the volume or peak flow discharge rate of precipitation runoff from the land surface, including, but not limited to, grading, digging, cutting, scraping or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse. Lines: means all underground and overhead cable, telephone, electric power, wire, gas and irrigation lines, appurtenances, structures or pipelines. Municipal Separate Storm Sewer System (MS4): means an area defined by the Federal Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of this code. Permit holder means the owner, operator, person and/or entity constructing, excavating or occupying the construction site who has obtained a Grading Permit pursuant to this Article. Right-of-way (ROVI/): means a strip of land that is granted through an easement, plat or other legal mechanism for transportation purposes, such as a roadway or highway. Sediment and erosion control plan: means a document showing the proposed finished contours and depicting the location of all erosion and sediment control measures (control measures). Stabilization: means a state when all ground surface disturbing activities at the site have been completed and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, erosion control blankets are in place or equivalent permanent physical erosion reduction methods have been employed. Stabilization includes the removal of non -permanent control measures. Amend Sec. 8-12-50. Grading Permit application. A. Complete Application Required. Applicants shall file a complete application for a Grading Permit. Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee. If an application is determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal. An application which is determined to be incomplete may, or may not, retain its same processing cycle. B. A complete application will typically include civil engineering drawings signed and sealed by a registered Civil Engineer in the State. The drawings shall include a grading plan showing existing and proposed contours and elevations and drainage plan. In addition, a Sediment and Erosion Control Plan that shows the location and types of control measures to be utilized at the site shall be provided. Typical control measure installation details and maintenance notes should also be on the drawings. C. A complete application shall include a utility map in accordance with Subsurface Utility Engineering (SUE)/811 Law Level B, SB18-167, if the construction meets the application conditions. Amend Sec. 8-12-60. Application review, Grading Permit issuance, permit expiration and permit extension. A. Review Process. The application and other data filed by an applicant for a Grading Permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws. If the Department of Public Works finds that the work described in an application for a Grading Permit conforms to the requirements and regulations set forth in this Article and meets the requirements defined in the Weld County Engineering and Construction Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Grading Permit shall be issued to the applicant. Criteria upon which the Grading Permit shall be considered include, but are not limited to, the following: 1. Water quality protection: The proposed construction must include proposed installation and provision for maintenance of adequate sediment and erosion control measures that, to the extent possible, prevent erosion and/or release of sediment, excessive stormwater and/or pumped water discharges to surface waters from the construction area. 2. Adjacent property protection: The proposed construction must include sediment and erosion control measures that, to the extent possible, prevent damage, erosion and/or release of any sediment, excessive stormwater and/or pumped water discharges from the construction area to adjacent properties and roadways. 3. Constructability: Installation of control measures, trenches, excavations and other construction practices must be able to be performed according to general construction and safety practices. The proposed construction work must not create a public safety hazard. B. — No change. C. Permit Limitations. An approved Grading Permit requires the Permit Holder to meet certain permit specifications and general engineering. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. The issuing and granting of the Grading Permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any regulations of the State or County. Additionally, the issuance of the Grading Permit shall not be construed as the approval or issuance of any necessary permits referred to in this Code. D. — No change. E. Early Release of Grading Permit. An applicant may apply for early release of a Grading Permit for a project requiring the issuance of a land use permit for the time period after approval by the Board of County Commissioners or Planning Director and prior to recording the required plat or map. F. Permit Expiration. Every approved Grading Permit shall expire one (1) year from the issuance of the permit. If the permit has expired, the Grading Permit must be reissued by the Department of Public Works before work can begin or be resumed. Prior to the expiration or closure of the Grading Permit, the disturbance shall be stabilized, and non -permanent control measures shall be removed. G. Permit Extension. Any Permit Holder with an unexpired Grading Permit may apply, in writing, for an extension of the time within which work may begin under that Grading Permit if the Permit Holder is unable to begin or complete work within the time required for good cause, and that the cause is acceptable to the Department of Public Works. There shall be an extension fee assessed to cover administrative costs. Delete Sec. 8-12-70. County authority. Amend Sec. 8-12-70. Permit Holder's general responsibilities. A Permit Holder is responsible for the following items. Additional requirements and more detailed information are shown in the Special Provisions of the Grading Permit. A. Control Measures. The Permit Holder shall ensure that all erosion and sediment control measures shown on the approved plans are correctly installed and maintained. B. and C. — No change. D. Surety. If deemed necessary by the Department of Public Works or the Planning Department, the Permit Holder shall provide a surety bond and/or other security for the total amount required to stabilize, restore or reclaim the disturbed ground to prevent erosion and/or release of sediment, excessive storm water and/or pumped water discharges to surface waters from the construction area. Said security shall remain in effect for a period of twenty-four (24) months after all completion of construction and establishment of erosional stability. The amount of the security shall be sufficient to stabilize a disturbed site to prevent releases of sediment and water from construction sites and protect the health, safety and welfare of the public. The amount shall be based on cost estimates of site restoration provided by the applicant and approved by the County Engineer. Whether or not covered by surety, the Permit Holder shall reimburse the County for any and all expenses incurred by the County within twenty-four (24) months after completion of any work as a result of, or related to, failure by the Permit Holder to perform all installation, construction, maintenance or other work pursuant to the Grading Permit, in a workmanlike manner. E. Utility Locates. The Permit Holder shall be responsible for utility locates in advance of the construction or excavation, in accordance with state law. The Permit Holder is responsible for any damages to existing utilities or structures. F. thru H. — No change. I. Site Stabilization, Restoration and Cleanup. The Permit Holder shall assume all responsibility for stabilizing the permitted site to prevent erosion and discharges of sediment. The Permit Holder shall also assume all responsibility for removing all debris associated with the construction activities in the County rights -of -way and all non -permanent control measures. If, upon inspection, the Department of Public Works determines that there is risk of erosional damage, or sediment discharges or debris has not been removed from the County rights -of -way, the Department of Public Works shall notify the Permit Holder of the violation of the Grading Permit conditions. The Permit Holder, upon notification from the Department of Public Works, shall correct all work to the extent necessary. The work shall be completed within the time period specified in the notice from the Department of Public Works. If the Permit Holder fails to establish site stability or restore the rights -of -way in the manner and to the condition required, the Department of Public Works may have the County perform the restorations. In that event, the Permit Holder shall pay to the County, within thirty (30) days of billing, the cost of restoring the County rights -of -way. Remainder of Section — No change. Amend Sec. 8-12-90. Inspections. A. Inspections during the construction period may be made by the Department of Public Works to ensure that work is progressing in compliance with the Grading Permit. It shall be the responsibility of the Permit Holder to provide safe access to the work site for the Department of Public Works and to all others, as authorized by law, for inspection at all reasonable times during the execution and upon completion of the work. At the time of inspection, the Department of Public Works may order the immediate termination of any work which poses, or is causing, a serious threat to the life, health, safety or well-being of the public. B. — No change. C. The Department of Public Works may make, or require, other inspections or testing of any work as deemed necessary to ascertain compliance with the provisions of this Article. Any work performed without the required inspections shall be subject to removal and replacement at the Permit Holder's expense, regardless of the quality of the work. Any inspection hours required outside of the normal working hours will be paid by the Permit Holder. Certain types of work may have continuous inspection and, when large-scale projects exceed the ability of the Department of Public Works to provide inspection, the Permit Holder will incur the cost of a private inspection firm. This third -party inspector will be appointed by the Department of Public Works prior to issuance of the Grading Permit. Amend Sec. 8-12-100. Administrative fee. All required fees shall be paid, in full, at the time of the Grading Permit application. The fee schedule for Grading Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the Grading Permit. Amend Sec. 8-12-120. Failure to comply with terms of Grading Permit. A. — No change. B. The Permit Holder shall prevent releases of sediment and water from construction sites that have the potential to cause damage to private property or County -maintained infrastructure. In the event that construction activities result in erosion or sediment and water discharges causing damage, the Permit Holder shall immediately attempt to prevent further harm, install or replace appropriate control measures and correct any unsatisfactory work. Remainder of Section — No change. Add ARTICLE XIV - Road Access Policy Sec. 8-14-10. Intent of road access policy. This Article XIV is established for the safe and efficient movement of traffic while allowing reasonable access to properties. It is necessary to protect the public health, safety and welfare to maintain conventional traffic flow along with unobstructed roadside drainage and to protect the functional integrity (safety, mobility, & capacity) of County roadways. Access management is an important tool in transportation planning, which identifies the spacing and location of driveways, median openings, and the interconnectivity of road classifications to maintain the access and mobility function of collector and arterials roads. This Article XIV shall apply to all accesses utilizing County rights -of -way within the unincorporated area of Weld County. Sec. 8-14-20. Purpose and intent. The purpose of access management is to manage existing and proposed accesses adjacent to land uses on County roads to ensure that safety, capacity, and function are preserved and a reduction in conflict points occurs. This Article XIV describes the minimum requirements for the design, construction and maintenance of accesses onto Weld County rights -of -way and requires the issuance of an access permit prior to construction. Sec. 8-14-30. Regulation of access onto County roadways. A. Access to a Single Parcel. Each parcel shall be limited one access point for safe ingress and egress, which may be an existing or new shared access, except if allowed pursuant to Subsection E., below. B. Access Permit Required. Any person constructing a new access onto a County right-of-way, or reconstructing, paving, altering, enlarging or changing the use of any existing access onto a County right-of-way, must first be issued an Access Permit by the Department of Public Works. No such work shall commence prior to the issuance of an Access Permit. C. Issuance of Access Permit. Access Permits shall be issued only in compliance with the rules and regulations set forth in this Article XIV. In no event shall an access be allowed, or permitted, if it is detrimental to the public health, welfare, and safety. D. Emergency Access Allowed. Police, fire, ambulance and other emergency providers may have direct access to County roadways if no other access is permitted. E. Additional Access. Additional accesses to a parcel may be allowed if they comply with the spacing criteria for that road. If a new access is requested that does not meet the spacing criteria to a legal parcel where an existing access already exists, the additional access shall not be approved unless the denial of the new access creates undue hardship on the property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested, one (1) or more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. F. Access Permit a Condition of Building Permit. When a new access is to be constructed in conjunction with the construction of a new principal structure, the issuance of an access permit shall be a condition for obtaining a building permit for such construction. The property owner will be asked to apply for a new access permit for any existing access location never previously permitted. G. Changes in Use, Classification/Type or Increase in amount of Traffic. When an existing access location changes, there is a change in use of the access classification/type, or an increase in the amount of traffic using an access, a new access permit shall be required as a condition of the change in use. if a new access is the result of a change of use or increased traffic, an improvements and road maintenance agreement may be required as a condition of the access permit, where applicable. A change of use may include, but is not limited to, the amount or type of traffic, structural modifications, remodeling, land use change, expansion of an existing business, change in zoning, change in lot lines, and creation of new parcels. H. Access Approval as a Condition of a Land Use Case. When a new, existing, or shared access is to be utilized in conjunction with a land use case, the plat map shall identify the approved access location prior to recording the plat. The property owner shall apply for an access permit when ready to construct the access and may be required to enter into an improvements and road maintenance agreement. For the purposes of this Article XIV, "land use case" may include, but is not limited to, applications seeking approval for use of a property under the processes listed in Chapter 23 of this Code, division of properties, pursuant to the procedures found in Chapter 24 of this Code, or Planned Unit Development through processes detailed in Chapter 27 of this Code. I. Access Spacing Criteria. The following Table I reflects the minimum access spacing criteria for county roadways and intersections. Table I — Minimum Access Spacing Criteria (Feet) Access Element Distance between intersections Signalized Unsignalized Distance between accesses and intersections Distance between access points Distance between access points in subdivisions Arterial '2,640 1, 320 660 660 660 Collector I Local N/A I N/A 1,320 330 660 330 150 75 330 1330 Sec. 8-14-40. Access Permit application process. A. Submittal Requirements; Complete Application. An application for an access permit shall be considered complete if it is submitted on the required form, includes all mandatory information, including all supporting materials and is accompanied by the applicable fee. The application must be signed by the property owner or, if applicable, an authorized agent. Written authorization to act on the property owner's behalf may be accepted if the access application is not signed by the property owner. If an application is determined to be incomplete, the Department of Public Works shall provide written notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmitted application. An application which is determined to be incomplete may or may not retain its same processing cycle. B. Subdivision or Common Development Plan Access. Upon approval by its Director, the Department of Public Works may require one access permit at the location where the proposed common development plan or subdivision accesses to the County road to reduce the administrative burden on staff and applicants requesting permits concurrently for multiple lots. Such "development access" is subject to a development review application. C. An access permit fee shall be paid, in full, at the time of the access permit application. The fee for an access permit shall be determined by resolution or ordinance of the Board of County Commissioners and shall be shown on the access permit application. D. Review Process. The application and information provided by an applicant for an access permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws and codes. If the Department of Public Works finds the information and supporting documentation in the application for an access permit conforms to the policies and requirements set forth in this Article XIV, meets the requirements defined in the Weld County Engineering and Construction Criteria, as shown in Appendix 8-P, or in other pertinent laws, regulations or ordinances, and that all required fees have been paid, an access permit shall be issued to the applicant. E. Changes in Approved Permit. An approved permit shall not be changed, modified or altered without written authorization from the Department of Public Works. All work shall be done in conformance with the approved permit. F. Permit Limitations. An approved access permit expires after one year from its date of issuance and requires the permit holder to meet the specifications and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-P when working on the permitted access. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. Sec. 8-14-50. Permit holder's general responsibilities. A permit holder is responsible to comply with the general provisions of this Code, including temporary accesses permits issued for the following items: Additional requirements and more detailed information are shown in the special provisions of the access permit. A. Utility Locates. The permit holder shall be responsible for contacting the Utility Notification Center of Colorado (811) for utility locates at least seventy-two (72) hours in advance of the access construction, if excavation is required. B. Traffic Control. Access construction activities shall not interfere with traffic on County roadways. If interference with traffic is required, a traffic control plan shall be submitted to, and approved by, the Department of Public Works as part of the permit application. All traffic control shall conform to the most current version of the Manual on Uniform Traffic Control Devices standards, which is available for review on the Federal Highway Administration website. All regulatory signs require approval of the Board of County Commissioners. If applicable, the permit holder shall be required to install all necessary signage and shall bear all expenses for the fabrication and installation of road name signs, permanent barricades, and signs required as part of a development project (e.g., one way, no parking, no outlet, stop sign, speed limit, etc.). C. Drainage Interference. A permit holder shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected, the permit holder is responsible for the proper disposition of the runoff in accordance with Section 8-11-40 of the Chapter. D. Tracking control. Permanent vehicle tracking controls provide stabilized site access where vehicles exit a location onto a paved road. Vehicles are required to perform a complete revolution of all tires prior to entering a County -maintained roadway. Effective vehicle tracking control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial or high traffic volume accesses shall provide permanent tracking control devices, which include, but are not limited to, double cattleguards or a paved (asphalt/concrete) tracking pad extending three hundred (300) feet into the site to mitigate impacts to the public road, including damages and/or offsite tracking of mud or other materials. Requests for temporary tracking control techniques must be approved by the Department of Public Works prior to installation. Temporary tracking control shall be used during construction unless permanent tracking control is installed ahead of construction activities; such devices include, but are not limited to, crushed natural aggregate (recycled crushed concrete or asphalt shall not be used for any vehicle tracking pads) along with a geotextile fabric or pre -fabricated vehicle tracking pads with approved dimensions. Use -by -right permitted agricultural accesses are exempt from tracking control requirements. Tracking control is required for construction of accesses to prevent tracking from the site onto paved public roadways. The permit holder may be held financially responsible for damage to the roadway resulting from inadequate tracking control. All tracking control devices and designs must be in accordance with the Weld County Engineering and Construction Criteria, Appendix 8-P. E. Access Construction, Restoration and Clean-up. The permit holder is responsible for installation of the correct culvert size(s), materials, and the cost of installation for new access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a county roadway. Accesses should be constructed in a manner that minimizes erosion and does not result in disposition of silt and debris upon the county roadway or roadside ditches. Accesses which slope down toward the County road will be constructed to assure that water does not run onto or across the traveled public way. This may include designing the crown, borrow ditches, pans, or other elements so that they direct water to the existing drainage facilities along the road. The permit holder shall assume all responsibility for removing all debris associated with the access construction activities and restoring the County roadway to pre-existing conditions. The access permit allows construction of the access without the need for obtaining a separate right-of-way permit pursuant to this Chapter. Installation of commercial/industrial access(es) may require a traffic control plan to be approved with the access permit. the permit holder, upon notification from the Department of Public Works, shall correct any items not consistent with the approved access permit within fourteen (14) days. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the Department of Public Works, the County may remove the access or perform the restorations and invoice the permit holder for the expense(s) incurred by the County. F. Access Sight Distance. Sight distance is essential to protect the traveling public at all access points along County roadways. Sight distance is the length of roadway that is clearly visible to the driver and is dependent upon the height of the driver's eye above the road surface, the specified object height above the road surface, and the height of sight obstructions within the line of sight. The minimum sight distance available on a roadway must be sufficient to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object. In evaluating the overall performance of a roadway, both the horizontal and vertical sight distances must be considered. When items such as walls, buildings, bridge piers, cut slopes, or vegetation growth are near the roadway on the inside of a curve, they can block a driver's view of the road ahead. If they are too close, the driver will not have sufficient distance along the curved roadway to stop when a hazardous condition comes into view. The minimum requirements and technical criteria for sight distance are in the Weld County Engineering and Construction Criteria, Appendix 8-P. Sec. 8-14-60. Variance from specific access permit requirements. A property owner may request a variance from specific requirements set forth in this Article XIV. The Department of Public Works will consider requests for variances on a case -by -case basis. Requests for variances may be submitted in a written letter to Public Works addressing the hardship or justification for the variance and supporting documentation to explain why they cannot comply with the requirements as outlined in the Weld County Engineering and Construction Criteria, Appendix 8-P. Requests will be reviewed and acted upon by the Public Works Director or designee to ensure they will adequately protect the public health, safety, and welfare. Public Works will respond with an approval or denial within thirty (30) days of receipt of the variance request. Sec. 8-14-70. Appeal of denial of access permit. If an access permit is denied by the Department of Public Works, or the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code. Sec. 8-14-80. Enforcement. A. Violations and Penalties. The County, through the Department of Public Works or other departments so authorized, may enforce this Article XIV through methods included in this Section, or through other methods adopted by the Board of County Commissioners. B. Criminal Penalties. 1. It is unlawful to construct a new access onto a County road, or reconstruct, pave, alter, enlarge or change the use of any existing access onto a County -maintained road unless an access permit is first issued. Any person, firm or corporation violating any provision of this Article XIV is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment, for each separate violation. Each day during which such work on an illegal access continues shall be deemed a separate offense. 2. Whenever the Department of Public Works, through one (1) of its employees, has personal knowledge of any violation of this Article XIV, it shall give written notice to the violator to correct such violation within sixty (60) days after the date of such notice. Should the violator fail to correct the violation within such sixty (60) day period, the Department of Public Works may request that the Sheriffs Office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs Office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriffs Office and Department of Public Works and one (1) copy shall be transmitted to the Clerk of the Court. The County may install barriers across or remove any access not conforming to this Article XIV during the pendency of the enforcement action. 3. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney. 4. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violation of this Article XIV. C. Revocation of Access Permit. Should the applicant or any subsequent property owner fail to abide by the terms of any associated improvements agreement, the Board of County Commissioners may revoke the access permit. Such revocation may subject the applicant or any subsequent property owner to the penalties outlined in this chapter, or any other enforcement mechanism provided by law. D. Equitable Relief in Civil Action. In the case of any violation of this Article XIV, the County Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation. E. Civil Penalties. In addition to any of the penalties set forth above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Article XIV may be subject to the imposition, by order of the Weld County Court, of a civil penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article XIV, the remedies set forth above, or both. Each day after the issuance of the order of the Weld County Court, during which such unlawful activity continues, shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event shall civil penalties, imposed pursuant to this Subsection, constitute a lien against the real property. F. Inspections. The Department of Public Works or other County departments may conduct an inspection of each access that is the subject of the access permit to ensure full compliance with all provisions of this Article XIV and the terms of the permit. G. Failure to Comply with Requirements of Issued Access Permit. Failure of the permit holder to comply with any of the terms and conditions of an issued access permit shall be sufficient cause for cancellation of the permit and may result in the removal of the access and its appurtenances by the County at the permit holder's expense. H. Access Permit Issued Erroneously or Upon Incorrect Information. Any access permit which has been issued in error or on the basis of incorrect information supplied by the permit holder, shall be considered void. In the event an access permit is void, no refund of permit fees shall be made unless the access permit was issued in error by the Department of Public Works. I. Notice Regarding Illegal Access. An "illegal access" is considered to be any access not permitted. Existing accesses constructed prior to 2010 should obtain an access permit at no charge. For an illegal access, the property owner shall be sent written notice of any illegal access location or use. The owner shall be given sixty (60) days notification of pending actions, after which the County may install barriers across, or remove, any access not conforming to this Article XIV. Any access, driveway or curb -cut being constructed within County right-of-way without an approved access permit shall be required to stop work immediately and apply for an access permit. If the permit is approved, work may continue subject to the conditions of the permit. If the permit is denied, any work that has been completed must be removed and the road and drainage facilities returned to pre-existing conditions acceptable to the Department of Public Works, upon completion of any appeal or the time for appeal pursuant to the provisions of Section 8-14-70, above. Sec. 8-14-90. County authority. Notwithstanding the issuance of any access permit or the construction of any access, Weld County reserves the right to make any changes, additions, repairs, conditions, and relocation or closure of any part of an access within the County right-of-way at any time, including, but not limited to, in connection with the relocation, reconstruction, widening and maintaining of the road or right-of-way, without compensating the owner of the access for the damages to or destruction of the access. Sec. 8-14-100. Access Control Plans (ACP's), and additional techniques and requirements for access on County roads. A. Access Control Plans. The purpose of an Access Control Plan (ACP) is to maintain and enhance the safety and mobility of a corridor while also providing reasonable access to adjoining properties. Each intersecting driveway and street are an access point that increases the potential for conflicts between through -traffic and traffic using the access. Access management is important for protecting the public health, safety, and welfare by enhancing the safety, mobility, and reliability of the transportation system. An ACP establishes and documents standards and policies for developing a roadway corridor through cooperation among the stakeholder local governments and agencies in the vicinity. ACP's are typically developed by one or more local governments and/or agencies or, in some cases, prepared on their behalf by a consultant. Local governments and agencies agree to adhere to the standards and policies of the ACP and the ACP places responsibilities on owners and/or lessees of property along the corridor. Weld County recognizes that property owners have a right of reasonable access to the County road system. However, within an environment where development promotes population and employment growth, impacts to the roadway network are inevitable. Increasing traffic volumes will affect mobility by raising travel times and delays in the system, increase safety concerns due to a greater potential for crashes at intersections and access points along the road, and impact travel reliability due to higher numbers of incidents and accidents. Roadway improvements, such as widenings may address many of the roadway capacity and travel delay issues associated with land development. Traffic signal and roundabout installations can improve safety and mobility at intersections. Access management along a corridor will likewise have positive impacts on safety and mobility by reducing potential conflicts and delays in the travel stream. As development occurs and roadway improvements are made along a corridor, access management techniques are applied to decrease the number of access locations if possible and reduce the impact to mobility through design standards and mitigation improvements such as auxiliary/turning lanes. On corridors with an adopted ACP in effect, recommendations for each existing and future access location and policies that guide future access management efforts will be enforced. B. Access Operational Movements. When a safety concern is present at an existing or proposed access, Weld County may restrict or modify the type of access operation to ensure traffic safety movement at the access. 1. Full Movement Access. All potential movements for the access are allowed. 2. Three -Quarter Access. All movements allowed except a left turn out of the access. 3. Right-in/Right-out Access. Only right turn in and right turn out movements are allowed. C. Access Control Techniques. A reduction in accesses onto a County road will improve traffic flow, operations, and safety of the traveling public. To reduce the number of existing access points, applicants may be required to implement the following access control techniques to reduce conflicts while maintaining adequate access to adjacent land uses. 1. Elimination. Applicants may be required to eliminate accesses identified as unsafe locations, where there are more than two existing accesses for a parcel, or do not meet spacing requirements identified in the Weld County Engineering and Construction Criteria document. 2. Relocation. Applicants may be required to move or relocate existing accesses to a new location to either align with other existing accesses or to meet spacing requirements. 3. Consolidation. Applicants may be required to consolidate multiple accesses into a single access or coordinate with neighboring property owners to consolidate existing accesses into shared accesses, whenever feasible. 4. Movement Conversion. Applicants may be required to convert their access movement through medians treatments to eliminate some or all turning movements in order to reduce the number of conflicts between left turning vehicles and through vehicles on the roadway. D. Access Types. Access type refers to the land use on the adjoining property that the access serves. An approved access permit helps establish the access use and existing level of intensity to the property. The following access types are the most common in Weld County: 1. Agriculture/Field/Ditch Access. Support farm and ranch operations with a low trip generation generally used during planting and harvesting seasons. 2. Residential Access. Driveways to residences and are considered a low trip generation with approximately ten (10) vehicle trips per day. 3. Commercial/Industrial Access. Serves businesses, schools, oil and gas facilities and are considered to have heavier vehicles (ESALs) and/or high trip generation. 4. Multiple Use Access. Shared accesses where two or more properties utilize the same access. 5. Future Access. These locations may have been previously approved but has yet to be constructed or may be an existing parcel that cannot obtain access to a side road and would otherwise be considered landlocked but fall into the requirement of being afforded one access per parcel. 6. Temporary Access. Road access which will be closed after being used for a limited time may be considered a temporary road access. A temporary access permit may be granted by the Department only if the temporary access meets minimum County traffic safety and operational requirements, including sight distance and is not intended to exceed eighteen (18) months. E. Auxiliary Turn Lanes. Auxiliary lanes maintain the safety, traffic flow, and operation of a roadway or access. Auxiliary lanes are required when unique location factors exist such as roadway speed and traffic density, access volume, the volume of commercial trucks, the influence of nearby accesses, existing auxiliary lanes close to the proposed access, nearby traffic control devices, available stopping sight distance, and other topographic or roadway design factors. When applicable, the access permit holder is responsible for design, installation, any right-of-way acquisition needed to accommodate the required lane width. Required auxiliary turn lanes must be installed according to the following traffic triggers: 1. A left deceleration lane with storage length plus taper length is required for any access with a projected peak hour left ingress turning volume greater than ten (10) vehicles per hour (vph). The design elements for a left turn lane are the taper length, lane length, and storage length —which in combination make up the left turn lane. 2. A right deceleration lane with storage length plus taper length is required for any access with a projected peak hour right ingress turning volume greater than twenty-five (25) vph. The design elements for right turn and deceleration lanes are the approach taper, lane length, and storage length —which in combination make up the right turn lane. 3. A right turn acceleration lane with taper is required for any access with a projected peak hour right turning volume greater than fifty (50) vph and a single through lane in the direction of the right turn. The design elements for a right acceleration lane are the transition taper and acceleration length. 4. A left turn acceleration lane with transition taper may be required if it would benefit the safety and operation of the roadway. A left turn acceleration lane is generally not required when the acceleration lane would interfere with the left turn ingress movements to any other access. Further auxiliary lane design criteria can be found in the Weld County Engineering and Construction Guidelines. F. Closure or Elimination of access. When an access is closed, abandoned or eliminated the permit holder shall assume all responsibility for any activities related to the closure/elimination and reclamation of access points stipulated to be removed. In the event the issuance of an access permit requires an existing access point to be "closed and reclaimed" it shall be completed by the stipulated date on the permit. If the county is closing an access, the property owner will be notified in writing, prior to the closure occurring of the date the County will close the access. Closure and reclamation activities may include, but are not limited to, reestablishing the profile of the burrow ditch, removing any culverts and gates in the fencing adjacent to the maintained right-of-way, and attempting to reseed the affected area located in the right-of-way with natural vegetation to the satisfaction of the Department of Public Works. G. Roadway Improvements. Projects with high traffic/trip generation or a crash history may require public improvements; including but not limited to, auxiliary lanes, such as acceleration and deceleration lanes, exclusive left or right-hand turn lanes, or a traffic signal, in accordance with the Weld County Engineering and Construction Criteria, as shown in Appendix 8-P. If these types of roadway improvements are required, the permit holder will be responsible to enter into an improvements agreement with collateral. The agreement shall be approved by the Board of County Commissioners. H. Road Maintenance Agreements. Accesses may require a road maintenance agreement or a temporary construction maintenance agreement as a condition of granting the access permit. Possible mitigations shall be set forth in the maintenance agreement. The agreement shall be made in conformance with the County's policy for improvements agreements. The agreement shall be approved by the Board. Violation of the road maintenance agreement will constitute a violation of the permit and may subject the applicant to revocation of the permit and/or other enforcement. Add APPENDIX 8-P. 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. Affidavit of Publication STATE OF COLORADO County of Weld, I Jennifer Usher SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Fourteenth day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Fourteenth day of June A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 14, 2019 Total Charges: $331.27 14th day of June 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 C10 TRIBUNE NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-09 published below, was introduced and, on motion duly made and seconded, approved upon first reading on June 10, 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street,Greeley, Colorado 80631, on July 1, 2019. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhib- its or information previously submitted to the Board of County-Corrimissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may notbe included 9beiok@we diin n the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to ORDINANCE NO. 2019=09 - ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 1, 2019, at 9:00 am. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2019 WELD COUNTY CODE ORDINANCE 2019-09 OF THE WELD IN THE MATTER, OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTERS PUBLIC WORKS, 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 8 PUBLIC WORKS ARTICLE X - State Construction Stormwater General Permit Amend Sec. 8-10-30. Information and application forms. Information and application forms for stormwater permits or R -Factor waivers may be obtained at: coloradowaterpermits.com or by calling (303) 692-3500. ARTICLE XII - Grading Permit Policy Amend Sec. 8-12-30. - Grading Permit. A. and B. - No change. C. No Work Without Permit. No person or entity may surface disturb, grade, construct or excavate over one (1) acre of nonexempt= ed ground without first having obtained a . Grading Permit from the Department of Public Works. In addition, no person or entity may ' grade, excavate, construct or leave disturbed and unstabilized over one (1) acre of nonexempted ground beyond the date or dates specified in the Permit unless: (1) the person or.entity requests a written extension before the expiration of the initial Permit; and (2) a w t or extension is granted. It is a violation of this article to perform this work without a unless otherwise locat- ed of designatedMunicipalSeland parrrate Stormance tivities Sewer are Systssible ems without Department hall determine if theexemption ptionois in ac within a P accordance wih the County's MS4 permit. Other permits, such as right-of-way, flood hazard or ISDS, may still be required. 1. and 2. No change. 3. Trenching incidental to the construction, maintenance and installation of approved underground pipelines, electrical or commu- nication facilities. However, a Grading Permit may be required for over one (1) acre of ground disturbed for construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping:or other construction not directly in.the pipeline trench. .. 4. - No change. Delete 5 and renumber subsequent items, as follows: 5. County capital improvement or County maintenance -projects within a right-of-way. 6. Maintenance and cleaning of existing ditches, lakes, ponds and water storage reservoirs. 7. Maintenance and resurfacingof existing streets/roads, runways, sidewalks/trail systems, parking lots/loading areasand railroad beds are exempt from Grading Permit requirements. 8. Performance of emergency work necessary to prevent or mitigate an immediate threat to life or property when an urgent neces- sity arises. The person performing such emergency work shall promptly notify the Department of Public Works,of the problem and work required, Any person performing such emergency work shall immediately notify the Public Works Director of the situation and the actions taken. The Public Works Director may, however, require such person to obtain a Grading and Erosion Control Permit to implement remedial measures to minimize erosion resulting from the emergency. 9. Land disturbance incidental to the creation of irrigation water storage ponds. Stockpiles that create more than an acre of dis- turbed area may require a Grading Permit. 10. Graves in cemeteries. 11. Land disturbance associated with the construction of natural surface trails may be exempted by the Director of Public Works ex- cept within designated MS4 areas, provided that the procedure outlined in this Article is completed prior to commencement of any trail construction. If exempted, the land disturbance associated with the construction of natural surface trails shall generally conform, with the performance standards of this Section. ' Amend Sec. 8-12-40. Definitions. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: Acre: means a total area of forty-three thousand five hundred sixty (43,560) square feet. Contractor: means any party performing the installation and construction fora permit holder who obtains a permit pursuant to this Article. A contractor may be a permit holder under this definition. Control Measures (formerly Best Management Practices/BMPs): for the purposes of this Article, means temporary or permanent erosion and sediment control methods that have been determined (according to.;EPA guidance) to be the most effective, practical means of preventing or reducing pollution from nonpoint souroes. Control Measures address prevention of water pollution and control of dust from construction sites. Disturbed, area: means'that area of the land's surface disturbed by any workactivity upon the property by means including, but not limited to: grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities Which expose soil. Disturbed area does not include the tillage of land that is zoned agricul tural or the tillage of a parcel zoned PUD (planned unit development) within the area identified for: agricultural uses. Grading: means excavation, cutting, filling, clearing and grubbing, stockpiling and recontouring the land surface, or any combination of these, Grading plan: means the construction drawing or other depiction showing the existing and the proposed elevation contours of the area to be. disturbed by construction. Land disturbance activity: means any activity which changes the volume or peak flow discharge rate of precipitation runoff from the land surface, including, but not limited to, grading, digging, nutting, scraping orexcavating of soil, placement of fill materials, paving, construction, ns all onsubstantial tand overhead egetation or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse. • cable, strut - telephone, electric power, wire, gas, and irrigation lines, appurtenances, tures or pipelines. Municipal Separate Storm Sewer System (MS4): means an area defined by the Federal Environmental Protection Agency (EPA) in 40 OFR 122 as defined in Chapter 8, Article IX of this code. Permit holder: means the owner, operator, person and/or entity constructing, excavating or occupying the construction site who has obtained a Grading Permit pursuant to this Article, Right-of-way (ROM: means a strip of land that is granted through an easement, plat or other legal mechanism for transportation purposes, such as a roadway or highway. . Sediment and erosion control plan: means a document showing the proposed finished contours and depicting the location of all erosion and sediment control measures (control measures). Stabilization: means a state when all ground surface disturbing activities at the site have been completed and uniform vegetative cover has been established with an individual plant density of at least 70 percent Of pre -disturbance levels, erosion control blankets' are in place or. equivalent permanent physical erosion reduction methods have been employed, Stabilization includes the removal of non -permanent control measures. - Amend Sec. 8-12-50. Grading Permit application. , A. Complete Application Required. Applicants shall file a complete application for a Grading Permit. Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, in- cludes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee. If an application is determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are .._ _ __.Y_i_a.. ......... ......�, retain ifS aarnu processing are in place Or equivalent perman€rlEprtysloai ei'osluitreauctiorrmernoasnave- oven err,proyeQ�a non -permanent control measures. Amend Sec. 8-12-50. Grading Permit application. A. Complete Application Required. Applicants shall file a complete application fora Grading Permit. Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient' information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, in- cludes all mandatory information, including all supporting materials specified by application, and is accompanied bythe applicable . fee. If an application is determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along i with an explanation of the application's deficiencies: No further processing of the application shall occur until the deficiencies are corrected in'e future resubmittal. An application which is determined to be incomplete may, or may not, retain its same processing cycle. -.. B. A complete application will typically include civil engineering drawings signed and sealed by registered Civil Engineer in the State. The drawings shall include a grading planshowing existing and proposed contours and elevations and drainage plan. In addition, a Sediment and Erosion Control Plan that shows the location and types of control measures to be utilized at the site shall be provided. Typical control measure installation details and maintenance notes should also be on the drawings. C. A complete application shall include a utility map in accordance with Subsurface. Utility Engineering.(SUE)/811 Law Level B, SB18-167, if theconstruction meets the application conditions. Amend Sec. 8-12-60. Application review, Grading Permit issuance, permit expiration and permit extension. A. Review Process. The application and other data filed by an applicant for a Grading Permitshallbe reviewed by the Department I of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable i laws. If the Department of Public Works finds that the work described in an application for a.Grading Permit conforms to the require- ( ments and regulations set forth in this Article and meets the requirements defined in the Weld County Engineering and Construction E Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Grading Permit shall be issued ( to the applicant. criteria upon which the Grading Permit shall be considered include, but are not limited to, the following: 1 1. Water quality protection: The proposed construction must include proposed installation and provision for maintenance of ade- f quate sediment and erosion control measures that, to the extent possible, prevent erosion and/or release of sediment, excessive ( stomlwater and/or pumped water discharges to surface waters from the construction area., I 2. Adjacent property protection: The proposed construction must include sediment and erosion control measures that, to the extent. ' I possible, prevent damage, erosion and/or release of any sediment, excessive stormwater and/or pumped water discharges from the ( construction area to adjacent properties and roadways. [ 3. Constructability: Installation of control measures, trenches, excavations and other construction practices must be able to be ( performed according to general construction and safety practices. The proposed construction work must not create a public safety E hazard. B. - No change. 1 C. Permit Limitations. An approved Grading Permit requires the Permit Holder to meet certain permit specifications and general ( engineering. The Department of Public Works shall be responsible for ensuring compliance with such specifications 'and standards. ( The issuing and granting of the Grading Permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any regulations of the State or County. Additionally, the issuance of the Grading Permit shall not f be construed as the approval or issuance of any necessary permits referred to in this Code. D. No change. . 1 E. Early Release of Grading Permit. An applicant may apply for early release of a Grading Permit for a project requiring the issuance I of a land use permit for, the time period after approval by the Board of County Commissioners or Planning Director and prior to recording the required plat or map. F. Permit Expiration. Every approved Grading Permit shall expire one (1) year from the issuance of the permit. If the permit has expired, the;Grading Permit must be reissued by the Department of Public Works before work can begin or be resumed. Prior to theexpiration or closure of the Grading Permit, the disturbance shall be stabilized, and non -permanent control measures shall be removed. G. Permit Extension. Any Permit Holder with an unexpired Grading Permit may apply, in writing, for an extension of the time within which work may begin under that Grading Permit if the Permit Holder is unable to begin or complete work within the tithe required for good cause, and that the cause is acceptable to the Department of Public Works. There shall be an extension fee assessed to cover administrative.costs. . Delete Sec. 8-12-70. County authority. Amend Sec. 8-12-70. Permit Holder's general responsibilities. A Permit Holder -is responsible for the following items. Additional requirements and more detailed information are shown in the Special Provisions of the Grading Permit. A. Control Measures. The Permit Holdershall ensure that all erosion and sediment control measures shown on the approved plans are correctly installed and maintained. B. and C. - No change. D. Surety. If deemed necessary by the Department of Public Works or the Planning Department, the Permit Holder shall provide a surety bond and/or other security for the total amount required to stabilize, restore or reclaim the disturbed ground to prevent erosion and/or release of sediment, excessive storm water and/or pumped water discharges to surface waters from the construction area. Said security shall remain in effect for a period of twenty-four (24) months after all completion of construction and establish- ment of erosional stability. The amount of the security shall be sufficient to stabilize a disturbed site to prevent releases of sediment and water from construction sites and protect the health, safety and welfare of the public. The amount shall be based on cost estimates of site restoration provided by the applicant and approved by the County Engineer. Whether or not covered by surety, the Permit Holder shall reimburse the County for any and all expenses incurred by the County within twenty-four (24) months after completion of any work as a result of, or related to, failure by the Permit Holder to perform all installation, construction, maintenance or other work pursuant to the Grading Permit, in a workmanlike manner: E. Utility Locates. The Permit Holder shall be responsible for utility locates in advance of the construction or excavation, in' accor- dance with state law. The Permit Holder is responsible for any damages to existing utilities or structures. F. thru H. - No change. I. Site Stabilization, Restoration and Cleanup. The Permit Holder shall assume all responsibility for stabilizing the permitted site to prevent eresion.and discharges of sediment. The Permit Holder shall also assume all responsibility for removing all'debris associated with the construction activities in the County rights -of -way and all non -permanent control measures. If, upon inspection, the Department of Public Works determines that there is risk of erosional damage, or sediment discharges or debris has not been removed from the County rights of way, the Department of Public Works shall notify the Permit Holder of the violation of the Grading Permit conditions. The Permit Holder, upon notification from the Department of Public Works, shall correct all work to the extent necessary. The work shall be completed within the time period specified in the notice from the Department of Public Works. If the Permit Holder fails to establish site stability or restore the rights -of -way in the manner and to the condition required, the Department 0 ` of Public Works may have the County perform the restorations. In that event, the Permit Holder shall pay to the County, within thirty (30) days of billing, the cost of restoring the County rights -of -way. Remainder of Section — No change.' Amend Sec. 8-12-90. Inspections. A. Inspections during the construction period may be made by the Department of Public Works to ensure that work is progressing in compliance with the Grading Permit. It shall be the responsibility of the Permit Holder to provide safe access to the work site -for the Department of Public Works and to all others, as authorized by law,for inspection at all reasonable times during' the execution and upon completion of the work. At the time of inspection, the Department of Public Works may order the immediate termination of any work which poses; or is causing, a serious threat to the life, health, safety or well-being of the public. B. - No change. C. The Department of Public Worksmay make, or require, other inspections or testing of any work as deemed necessary to ascer- tain compliance with the provisions of this Article. Any work performed without the required inspections shall be subject to removal and replacement at the Permit Holder's expense, regardless of the quality of the work. Any inspection hours required outside of the normal working hours will be paid by the Permit Holder. Certain types of work may have continuous inspection and, when large-scale projects exceed the -ability of the Department of Public Works to provide inspection, the Permit Holder will incur the cost of a private inspection firm. This third -party inspector will be appointed by the Department of Public Works prior to issuance of the Grading Permit. Amend Sec. 8-12-100. Administrative fee. All required fees shall be paid, in full, at the time of the Grading Permit application. The fee schedule for Grading Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown onthe.Grading Permit. Amend Sec. 8-12-120. Failure to comply with terms of Grading Permit. A. - No change. B. The Permit Holder shall prevent releases of sediment and water from construction sites that have the potential to cause damage to private property or County -maintained infrastructure. In the event that construction activities result in erosion or sediment and water discharges causing damage, the Permit Holder shall immediately attempt to prevent further harm, install or replace appropri- ate control measures and correct any unsatisfactory work. Remainder of Section - No change. Add ARTICLE XIV - Road Access Policy Sec. 8-14-10. Intent of road access policy. This Article XIV is established for the safe and efficient movement of traffic while allowing reasonable access to properties. It is necessary to protect the public health, safety and welfare to maintain conventional traffic flow along with unobstructed roadside drainage and to protect the functional integrity (safety, mobility, & capacity) of County roadways. Access management is an import- ant tool in transportation planning, which identifies the spacing and location of driveways, median openings, and the interconnectiv ity of road classifications to maintain the access and mobility function of collector and arterials roads. This Article XIV shall apply to 1 all accesses utilizing County rights -of -way within the unincorporated area of Weld County. Sec. 8-14-20. Purpose and intent. The purpose of access management is to manage existing and proposed accesses adjacent to land uses on County roads to ensure that safety, capacity, and function are preserved and a reduction in conflict points occurs. This Article XIV describes the minimum requirements for the design, construction and maintenance of accesses onto Weld County rights -of -way and requires the issuance of an access permit prior to construction. Sec. 8-14-30. Regulation of access onto County roadways. A. Access to a Single Parcel. Each parcel shall be limited one access point for safe ingress and egress, which may be an existing or new shared access, except if allowed pursuant to Subsection E., below. B. Access Permit Required. Any person constructing a new access onto a County right-of-way, or reconstructing, paving, altering, enlarging or changing the use of any existing access' onto a County right-of-way, must first be issued an Access Permit by the Department of Public Works. No such work shall commence prior to the issuance of an Access Permit. responsible fo any am.� s to utilities dance with - state o law. The Permit Holder is for any damages to existing uor structures. F. thru H. - No change. I. Site Stabilization, Restoration and Cleanup. The Permit Holder shall assume all responsibility for stabilizing the permitted site to prevent erosion. and discharges of sediment. The Permit Holder shall also assume all responsibility for removing all'debris associated with the construction activities In the County rights -of -way and all non -permanent control measures. If, upon inspection, the Department of Public Works determines that there is risk of erosional damage, or sediment discharges or debris has not been removed from the County rights of way, the Department of Public Works shall notify the Permit Holder of the violation of the Grading Permit conditions. The Permit Holder, upon notification from the Department of Public Works, shall correct all work to the extent necessary. The work shall be completed within the time period specified in the notice from the Department of Public Works, If the Permit Holder fails to establish site stability or restore the rights -of -way in the manner and to the condition required, the Department; of Public Works may have the County perform the restorations. In that event, the Permit Holder shall pay to the County, within thirty 1 (30) days of billing, the cost of restoring the County rights -of -way. Remainder of Section - No change. Amend Sec. 8-12-90. Inspections. A. Inspections during the construction period maybe made by the Department of Public Works to ensure that work is progressing in compliance with the Grading Permit. It shall be the responsibility of the Permit Holder to provide safe access' to the work siteforthe Department of Public Works and to all others, as authorized'by law, for inspection at all reasonable times during the execution and upon completion of the work. At thetimeof inspection, the Department of Public Works may order the immediate termination of any work which poses,or is causing, a serious threat to the life, health, safety or well-being of the public: B. - No change. C. The Department of Public Works may make, or require, other inspections or testing of any work as deemed necessary to ascer- tain compliance with the provisions of this Article. Any work performed without the required inspections shall be subject to removal and replacement at the Permit Holder's expense, regardless of the quality of the work. Any inspection hours required outside of the normal working hours will be paid by the Permit Holder. Certain types of work may have continuous inspection and, when large-scale prdjects exceed the'ability of the Department of Public Works to provide inspection, the Permit Holder will incur the cost of a private inspection firm. This third -party inspector will be appointed by the Department of Public Works prior to issuance of the I Grading Permit. Amend Sec. 8-12-100. Administrative fee. All required fees shall be paid, in full, at the time of the Grading Permit application. The fee schedule for Grading Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the.Grading Permit. Amend Sec. 8-12-120. Failure to comply with terms of Grading Permit. A. - No change. B: The Permit Holder shall prevent releases of sediment arid water from construction sites that have the potential to cause damage to private property or County -Maintained infrastructure. In the event that construction activities result in erosion or sediment and water discharges causing damage, the Permit Holder shall immediately attempt to prevent further harm, install or replace appropri- ate control measures and correct any unsatisfactory work. Remainder of Section - No change. Add ARTICLE - Road Access Policy Sec. 8-14-10. Intent of road access policy. This Article XIV is established for the safe and efficient movement of traffic while allowing reasonable access to properties. It is necessary to protect the public health, safety and welfare to maintain conventional traffic flow along with unobstructed roadside drainage and to protect the functional integrity (safety, mobility, & capacity) of County roadways. Access management is an import- ant tool in transportation planning, which identifies the spacing and location of driveways, median openings; and the interconnectiv- ity of road classifications to maintain the access and mobility function of collector and arterials roads. This Article XIV shall apply to all accesses utilizing County rights -of -way within the unincorporated area of Weld County. Sec. 8-14-20. Purpose and intent. The purpose of access management is to manage existing and proposed accesses adjacent to land uses on County roads to ensure that safety, capacity, and function are preserved and a reduction in conflict points occurs. This Article XIV describes the minimum requirements for the design, construction and maintenance of accesses onto Weld County rights -of -way and requires the issuance of an access permit prior to, construction. • • Sec. 8-14-30. Regulation of access onto County roadways. A. Access to a Single Parcel. Each parcel shall be limited one access point for safe ingress and egress, which may be an, existing or: new shared access, except if allowed pursuant to Subsection E., below. B. Access Permit Required. Any person constructing a new access onto a County right-of-way, or reconstructing, paving, altering, enlarging or changing the use of any existing access onto a County right-of-way, must first be issued an Access Permit by the Department of Public Works. No such work shall commence prior to the issuance of an Access Permit. afforded one access per parcel. 6. Temporary Access. Road access'which will be closed after being used for a l^itlted time may be considered a temporary road access. A temporary access permit may be granted by the Department only.if the temporary access meets minimum County Crafts safety and operational requirements, including sight distance and is not intended to exceed eighteen (18) months, E. Auxiliary Turn Lanes. Auxiliary lanes maintain the safety, traffic flow, and operation of a roadway or access. 'Auxiliary lanes are required when unique location factors exist such as roadway speed and traffic density, access volume, the volume of commercial trucks, theinfluence of nearby accesses, existing auxiliary lanesciose to the proposed access, nearby traffic control devices, available stopping sight distance, and' other topographic or roadway design factors. When applicable, the access permit holder is responsible for design, installation, any right-of-way acquisition needed to accommodate the required lane width. Required auxilia ry turn lanes must be installed according to the following traffic triggers: 1. Alert deceleration lane with storage length plus taper length is required -for any access with a projected peak hour left ingress turning volume greater than ten (10) vehicles per hour (vph). The design elements for a left turn lane are the taper length, lane length, and storage length —which in combination make up the left turn lane. 2. A right deceleration lane with storage length plus taper length is required for any access with a projectedpeak hour right ingress turning volume greater than twenty-five (25) vph. The design elements for right turn and deceleration lanes are the approach taper, lane length, and storage length —which in combination make up the -right turn lane. 3. A right turn acceleration lane with taper is required for any access with a projected peak hour right turning volume greater than fifty (50) vph and a single through lane in the direction of theright turn. The design elements for a right acceleration lane are the transition taper -and acceleration length. 4. A left turnacceleration lane with transition taper may be required if it would benefit the safety and operation, of the roadway. A le turn acceleration lane is generally not required when the acceleration lane would interfere with the left turn ingress movements to any other access. Further auxiliary lane design criteria can be found in the Weld County Engineering and Construction Guidelines. F: Closure or Elimination of access. When an access is closed, abandoned or eliminated the permit holder shall assume all respons bility for any activities related to the closure/elimination and reclamation of access points stipulated to be removed. In the event thi issuance of an access permit requires an existing access point to be "closed and reclaimed" it Shall be completed try the stipulate) date on the permit, If the county is closing an access, the property owner will be notified in writing, prior to the closure occurring o' Friday, June 14, 2019 C. Issuance of Access Permit. Access Permits shall be issued only, in compliance with the rules and regulations set forth in this Article XIV. In, no event shall an access be allowed; or permitted, if it is detrimental to the public health, welfare, and safety. D. Emergency Access Allowed. Police, fire, ambulance and other emergency providers may have direct access to. County roadways if no other access is permitted. E. Additional Access. Additional accesses to a parcel may be allowed if they comply with the spacing criteria for that road. Ifa new access is requested that does not meet the spacing criteria to a legal parcel where an existing access already exists, theadditional access shall not be approved unless the denial of the new access creates undue hardship on, the property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested, one (1) or more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. F Access Permit a Condition of Building Permit. When a new access is to be constructed in conjunction with the construction of a new principal structure, the issuance of an access permit shall be a condition for obtaining a building permit for such construction. The property owner will be asked to apply for a new access permit for any existing access location never previously permitted. G. Changes. in Use, Classification/Type or Increase in amount of Traffic. When an existing access location changes, there is a change in use of the access classification/type, or an increase in the amount of traffic using an access; a new access permit shall be required as a condition of the change in us& if a access is the result of a change of use or increased traffic, an improve- ments and road maintenance agreement may be required as a condition of the accesspermit,where applicable. A change of use may include; but is not limited to, the amount or type of traffic, structural modifications, remodeling, land use change, expansion of an existing business, change in zoning, change in lot lines, and creation of new parcels. H. Access Approval as a Condition of a Land Use Case; When a new, existing, or shared access is to be utilized in conjunction with a land use case, the plat map shall identify the approved access location prior to recording the plat. The property owner shall apply for an access permit when ready to construct the access and may be required to enter into an improvements and road maintenance agreement. For the purposes of this Article XIV, "land use case may include, but is not limited to, applications seeking approval for use of a propertyy under the processes listed in Chapter 23 of this Code, division of properties; pursuant to the procedures found in Chapter 24 of this Code, or Planned Unit Development through processes detailed in Chapter 27 of this Code. I. Access Spacing Criteria. The following Table I reflects the minimum access spacing criteria for county roadways and intersections. Table I - Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized - - 1,320 1,320 330 Distance between accesses and intersections 660 660 . 330 Distance between access points 660 330 150 Distance between access points in subdivisions - - 660 330 75 Sec. 8-14-40. Access Permit application process. A. Submittal Requirements; Complete Application: An application for an access permit shall be considered complete if it is submit- ted on the required form, includes all mandatory information, including all supporting materials and is accompanied by the applica- ble fee, The application must be signed by the property owner or if applicable, an authorized agent. Written authorization to act on the property owner's behalf may be accepted if the access application is not signed by the property owner. If an application is de= termined to be incomplete, the Department of Public Works shall provide written notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmitted application. An application which is determined to be incomplete may or may not retain Its same processing cycle. B. Subdivision or Common Development Plan Access. Upon approval by its Director, the Department of Public Works may require one access permit at the location where the proposed common development plan or subdivision accesses to the County road, to reduce the administrative burden on staff and applicants requesting permits concurrently for multiple lots. Such "development access" is subject to development review application. C. An access permit fee shall be paid, in full at the time of theaccess permit application. The fee for an access permit shall be determined by resolution or ordinance of the Board of County Commissioners and shall be shown on the access permit application. D. Review Process. The application and information provided by an applicant for an access permit shall be reviewedby the Depart- ment of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any appli- cable laws and codes. If the Department of Public Works finds the information and supporting documentation in the application for an access permit conforms to the policies and requirements set forth in this Article XIV, meets the requirements defined in the Weld County Engineering and Construction Criteria, as shown in Appendix 8-P, or in other pertinent laws, regulations or ordinances, and that all required fees have been paid, an access permit shall be issued to the applicant, E. Changes in Approved Permit. An approved permit shall not be changed, modified or altered without written authorization from the Department of Public Works. All Work shall be done in conformance with the approved permit. F. Permit Limitations. An approved access permit expires after one year from its date of issuance and requires the permit holder to meet the specifications and, general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-P when working on the permitted access. The Department of Public Works shall be responsible for ensuring compli- ance with such specifications and standards. Sec. 8-14-50. Permit holder's general responsibilities. A permit holder is responsible to comply with the general provisions of this Code, including temporary accesses permits issued for the following items: Additional requirements and more detailed information are shown in the special provisions of the access permit. A. Utility Locates, The permit holder shall be responsible for contacting the Utility Notification Center of Colorado (811) for utility locates at least seventy-two (72) hours in advance of the access construction, if excavation is required. B. Traffic Control Access construction activities shall not interfere with traffic on County roadways. If interference with traffic is required, a traffic control planshall be submitted to, and approved by, the Department of Public Works as part of the permit applica- tion. All traffic control shall conform to the most current version of the Manual on Uniform Traffic Control Devices standards, which is available for review on the Federal Highway Administration website. All regulatory signs require approval of the Board of. County Commissioners. If applicable,, the permit holder shall be required to install all necessary signage and shall bear all expenses for the fabrication and installation of road name signs, permanent barricades, and signs required as part of a development project (e.g., one way, no parking; no outlet, stop sign, speed limit, etc). C. Drainage Interference. A permit holder shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways If surface drainage is to be affected, the permit holder is responsible for the proper disposition of the runoff .in accordance with Section 8-11-40 of the Chapter. D. Tracking control., Permanent vehicle tracking controls provide stabilized site access where vehicles exit a location onto a paved road. Vehicles are required to perform a complete revolution of all tires prior to entering a County -maintained roadway: Effective vehicle tracking control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial or high traffic volume accesses shall provide permanent tracking control devices, which include, but are not limited to, double cattle guards or a paved (asphalt/. concrete) tracking -pad extending three hundred (300) feet into the site to -mitigate impacts to the public road, including damages and/or offsite tracking of mud or other materials. Requests for temporary tracking control techniques must be approved by the Department of Public Works prior to installation. Temporary tracking control shall be used during construction unless permanent tracking control is installed ahead of construction activities such devices include, but are not limited to, crushed natural aggregate. (recycled crushedconcrete or asphalt shall not be used for any vehicle tracking pads) along with a geotextile fabric or pre -fabri- cated -vehicle tracking pads with approved dimensions. Use -by -right permitted agricultural accesses are exempt from tracking control requirements: Tracking control is required for construction of accesses to prevent tracking from the site onto paved public roadways. The permit holder may be held financially responsible for damage to the roadway resulting from inadequate tracking control. All tracking control devices and designs must be in accordance with the Weld County Engineering and Construction Criteria, Appendix 8-P. E. Access Construction, Restoration, and Clean-up. The permit holder is responsible for installation of the correct culvertsize(s), materials, and the cost of installation for new access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a county roadway. Accesses should be constructed in manner that minimizes erosion and does not result in disposition of silt and debris uponthe county roadway or roadside ditches. Accesses which slope down toward the County road will be constructed to assure that water does not run ontoor across the traveled public way. This may include designing the crown, borrow ditches, pans, or other elements so that they direct water to the existing drainage facilities along the road. The permit holder shall assume all responsibility for removing all debris associated with the access construction activities and restoring the County roadway to pre-existing conditions. The access permit allows constructionof the access without the need for obtaining a separate right-of-way permit pursuant to this Chapter. Installation of commercial/industrial access(es) may require a traffic control plan to be approved with the access permit the permit holder, upon notification from the Department of , Public Works, shall correct any items not consistent with the approved access permit within fourteen (14) days. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the Department of Public Works; the County may remove the access or perform the restorations and invoice the permit holder for the expense(s) incurred by the County. F. Access Sight Distance. Sight distance is essential to protect the traveling public at all access points along County roadways. Sight distance is the length of roadway that is clearly visible to the driver and is dependent upon the height of the driver's eye above the road surface, the specified object height above the road surface, and the height of sight obstructions within the line of sight. The minimum sight distance available on a roadway must be sufficient tb enable a vehicle traveling at or near the design speed.to stop before reaching a stationary object. In evaluating the overall performance of a roadway, both the horizontal and vertical sight distances must be considered. When items such as walls, buildings, bridge; piers, cut slopes, or vegetation growth are near the roadway on the inside of a curve; they can block a drivers view of the road ahead. If they are too close; the driver will not have sufficient distance along the curved roadway to stop when a hazardous condition comes into view. The minimum requirements and technical criteria for sight distance are in the Weld County Engineering and Construction Criteria, Appendix 8-P. Sec. 8-14-60. Variance from specific access permit requirements. A property owner may request a variance from specific requirements set forth in this Article XIV. The Department of Public Works nnac Maki. ha ci rhra+a,J Ham.. I._,++...,,_ -o :- will consider requests . for variances on a case -by -case basis Raoeiestsfnr earl ., � ,.,., -_ . [earn -rarer entererro,- ergnr u,sranc ern-rne vveru vounry crrg,near gang r>unerrucuon c.rrtena;-HppenarxSec. 8-14-60. Variance from specific access permit requirements. A property owner may request a variance from specific requirements set forth in this Article XIV. The Department of Public Works will consider requests for variances on a case -by -case basis. Requests for variances may be submitted in a written letter to Public Works addressing the hardship or justification for the variance and supporting documentation to explain why they cannot comply with the requirements as outlined in the Weld County Engineering and Construction Criteria, Appendix 8-P. Requests will be reviewed and acted upon by the Public Works Director or designee to ensure they wit adequately protect the public health,safety,. and welfare. Public Works will respond with an approval or denial within thirty (30) days of receipt of"the variance request. Sec. 8-14-70. Appeal of denial of access permit. If an access permit is denied by the Department of Public Works, or the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County commissioners, -, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code. Sec. 8-14-80. Enforcement. - !. A. Violations and Penalties. The County, through the Department of Public Works or other departments so authorized, may enforce this Article XIV through methods included in this Section, or through other methods adopted by the Board of County Commission- ers. B. Criminal Penalties. • 1. It is unlawful to construct a new access onto a County road, or reconstruct, pave, alter, enlarge or change the use of any existing access onto a County -maintained road unless an access permit is first issued. Any person, firm or corporation violating any provi- sion of this Article XIV is guilty of a Class 2 petty.offense, which, upon conviction thereof, shall 'be punishable by a fine of three hun- dred dollars ($300.00) or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment, for each separate violation. Each day during which such work on an illegal access continues shall be deemed a separate offense. 2. Whenever the Department of Public Works, through one (1) of its employees, has personal knowledge of any violation of this Arti- cle XIV, It shall give written notice to the violator to correct such violation within sixty (60) days after the date of such notice. Should ' the violator fail to correct the violation within such.sixty (60) day period, the Department of Public Works may request that the Sher- iff's Office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaintshall be served upon the violator by the Sheriff's Office in the manner provided by law for the service of a criminal summons. One (1.) copy each shall be retained -by the Sheriff's Office and Department of Public Works and one (1) copy shall be transmitted to the Clerk of the Court. The County may install barriers across orremove any access not conforming to this Article XIV during the pendency of the enforcement action. 3. It is the responsiblity of the County Attorney to enforce the provisions of this Section: In the event the Board of County Commis- sioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney. 4. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violation of this Article XIV. ' C. Revocation of Access Permit. Should the applicant or any subsequent property owner fail to abide by the terms of any associat- ed improvements agreement, the Board of County Commissioners may revoke the access permit. Such -revocation may subject the applicant or shy subsequent property owner to the penalties outlined in this chapter, or any other enforcement mechanism provided by law. D. Equitable Relief in Civil Action. In the case of any violation of this Article XIV, the County Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation. E. Civil Penalties. In addition to any of the penalties set forth above, any person, firm or corporation violating any such regula- tion, provision or amendment thereof or any provision of this Article XIV may be subject to the imposition, by' order of the Weld. County Court, of a civil penalty In an amount of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article XIV, the remedies set forth above, or both. Each day after the issuance of the order of the Weld County Court, during which such • unlawful activity continues, shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event shall civil penalties, imposed pursuant to this Subsection, constitute a lien against the real property. F. Inspections. The Department of Public Works or other County departments may conduct an inspection of each access that is the subject of the access permit to ensure full compliance with all provisions of this Article XIV and the terms of the permit. G. Failure to Comply with Requirements of Issued Access Permit, Failure of the permit holder to comply with any of the terms and conditions of an issued access permit shall be sufficient cause for cancellation of the permit and may result in the removal of the access and its appurtenances. by the County at the permit holder's expense. H. Access Permit Issued Erroneously or Upon Incorrect Information. Any access permit which has been issued in error or on the basis of incorrect information supplied by the permit holder, shall be considered void. In the event an access permit is void, no refund of permit fees shall be made unless the access permit was issued in error by the Department of Public Works. I. Notice Regarding Illegal Access, An "illegal access" is,considered to be any access not permitted. Existing accesses constructed prior to 2010 should obtain an access permit at no charge. For an illegal access, the property owner shall -be sent written notice of any illegal access location or use. The owner shall be given sixty (60) days notification of pending actions, after which the County may install barriers across, or remove, any access not conforming to this Article XIV. Any access, driveway or curb -cut being constructed within County right-of-way without an approved access permit shall be required to stop work immediately and applyfor an access permit. If the permit is approved, work may continue subject to the conditions.of the permit. If the permit is denied, any work that has been completed must be removed and the road and drainage facilities returned to pre-existing conditions acceptable to the Department of Public Works, upon completion of any appeal or the -time for appeal pursuant to the provisions of Section 8-14-70, above.• Sec. 8-14-90. County authority. • Notwithstanding the issuance ofany access permit or the construction of any access, Weld County reserves the right to make any changes, additions, repairs, conditions, and relocation or closure of any part of an access witlfinthe County right-of-way at any time, Including, but not limited to, in connection with the relocation, reconstruction, widening end maintaining of the road or right-of- way, without compensating the owner of the access for the damages to or destruction of the access. Sec. 8-14-100. Access -Control Plans (ACP's), and additional techniques and requirements for access on County roads. A. Access Control Plans. The purpose of an Access Control Plan (ACP) is to maintain and enhance the safety and mobility of a cor- ridor while also providing reasonable access to adjoining properties. Each intersecting driveway and street are an access point that increases the potential for conflicts between through -traffic and traffic using the access. Access management is important for pro- tecting the public health, safety, and welfare by enhancing the safety, mobility, and reliability of the transportation system. An ACP establishes and documents standards and policies for developing a roadway corridor through cooperation among the stakeholder local governments and agencies in the vicinity. ACP's are typically developed by one or more local governments and/or agencies or, in some cases, prepared on their behalf by a consultant. Local governments and agencies agree to -adhere to the standards" and policies of the ACP and the ACP places responsibilities on owners and/or lessees of property along the corridor. Weld County recognizes that property owners have a right of reasonable access to the County road system. However, within an environment where development promotes population and employment growth, impacts to the roadway network are inevitable. Increasing traffic mobility will affect mbility by raising travel times and delays in the system, increase safety concerns due to a greater potential for crashes at intersections and access points along the road, and impact travel reliability due to higher numbers of incidents and accidents. Roadway improvements, such as widenings may address many of the roadway capacity and travel delay issuesasso- ciated with land development. Traffic signal and roundabout installations can improve safety and mobility at intersections. Access management along acoridor will likewise -have positive impacts on safety and mobility by reducing potential conflicts and delays in the travel'stream. As development occurs and roadway improvements are made along a corridor, access management techniques are applied to decrease the number of access locations if possible and reduce the impact to mobility through design standards and mitigation improvements such as auxiliary/turning lanes. On corridors with an adopted ACP in effect, recommendations for each existing and future access location and policies that guide future access management efforts will/be enforced. B. Access Operational Movements. When a safety concern is present at an existing or proposed access, Weld County may restrict or modify the type of access operation to ensure traffic safety movement at the access. 1. Full Movement Access. All potential movements for the access are allowed. • 2. Three -Quarter Access. All movements allowed except a left turn out of the access. 3. Right-in/Right-out Access. Only right turn in and right turn out movements are allowed. C. Access Control Techniques. A reduction in accesses onto a County road will improve traffic flow, operations, and safety of the traveling public. To reduce the number of existing access points, applicants may be required to implement the following access control techniques to reduce conflicts while maintaining adequate access to adjacent land uses. 1. Elimination. Applicants may be required to eliminate accesses identified as unsafe locations, where there are more than two existing accesses for a parcel, or do not meet -spacing requirements identified in the Weld County Engineering and Construction Criteria document. 2. Relocation. Applicants may required to move or relocate existing accesses to a new location to either align with other existing accesses or to meet spacing requirements. 3. Consolidation. Applicants may be required to consolidate multiple accesses into a single access or coordinate with neighboring property owners to consolidate existing accesses into shared accesses, whenever feasible. 4. Movement Conversion. Applicants may be required to convert their access movement through medians treatments to eliminate some or all turning movements in order to reduce the number of conflicts between left turning vehicles and through vehicles on the roadway. D. Access Types. Access type refers to the land use on the adjoining property that the access serves. An approved access permit helps establish the access use and existing level of intensity to the property. The following access types are the most common in Weld County: 1. Agriculture/Field/Ditch Access. Support farm and ranch operations with a low trip generation generally used during planting and harvesting seasons. 2. Residential Access. Driveways to residences and are considered a low trip generation with approximately ten (10) vehicle trips per day. 3. Commercial/Industrial Access. Serves businesses, schools, oil and gas facilities and are considered to have heavier vehicles (ESALs) and/or high trip generation. ' 4. Multiple Use Access. Shared accesses where two or more properties utilize the same access. 5. Future Access. These locations may have been previously approved but has yet to be constructed or may be an existing parcel that cannot obtain access to a side road and would otherwise be considered landlocked but fall into the requirement of being time, including Die no, ti the access ,. way, without compensatingg thowner of the for the damages to or destruction of the access. Sec. 8-14-100. Access Control Plans (RCP's), and additional techniques and requirements for access on County roads. A. Access Control Plans: The purpose of an Access Control Plan (ACP) is to maintain and enhance the safety and mobility of a cor- ridor while also providing reasonable access to adjoining properties. Each intersecting driveway. and street are an access. point that , increases the i tect ng the public health, safety, and welfas re by enhancing the safety, mobiffic and traffic lity, and reliability of the tthe access. Access ransportation sthe yement is stem. An ACP local govemamedocuments ntts end agencies dards iin the vicinity. licies for ACP's are vtypically developa ed bycorr one orrmore local governments h Cooperation and/or agenciesr or, In some cases, prepared on their behalf by aconsultant. Local governments and agencies agree to adhere to the standards recognizes the ACP and the ACP property owners haveplaces a rightofresponsibilities access to the County road system. However,he withinnan env ronm ntnty H volumes ewill development mobil mobility rraisinlgtion and travel times pand delamentys in the system, inc easeo the s safety concerns due to network are inevitable. greater traffic I. for crashes at intersections and access points along the road, and impact travel reliability due to higher numbers of incidents cd issues a and accidents. Roadway improvements, such as.wideningsmay address many of the roadway capacity and travel delay so- ciated with land development. -Traffic signal and roundabout installations can improve safety and mobility at n ersconflicts i and delays in management along a corridor will likewise have positive impacts on safety and mobility by reducinaccess g potential are applied to decrease the number of accessdlocations If possible and s reducere dthe ime p ct to mobil ty through deg gn standards and mitigation improvements such as auxiliary/turning g that guide On corridors access with an management ACPin s will ebe enforced. recommendations for each B. ing and future nal access location enandpolicies9 i, B. Access Operational Movements. When a safety concern is present at an existing or proposed access, Weld County may restrict or modify the type of access operation to ensure traffic safety movement at the access. 1. Full Movement Access. All potential movements for the access are allowed. • 2. Three -Quarter Access. All movements allowed except a left turn out of the access.' • 3. Right-in/Right-out Access. Only right turn in and right turn out movements are allowed. and Accesp Control TTechniques. redu the number of existing access points, app iI can s road may bl eove required ic to iniplementithe follow safety accesse travelingcontrol p 1. Elimination. techniques Applicants to reduce may conflicts beqwhileuiredto elmimaintaining adeqe uate identified accss tas o auet land uns, where o ex s ing acessepsf lfor a pa ceor do not meet spat ng requiremedenfied unsafe n thWeld County Engineering and Construction e Criteria document. 2. Relocation. Applicants may be required to move or relocate existing accesses to a new location to either align with other existing accesses or to meet spacing requirements. 3. Consolidation. Applicants may be required to consolidate multiple accesses into a single access or coordinate with neighboring property owners to consolidate existing accesses into shared accesses, whenever feasible. 4. Movement Conversion. Applicants may be required to convert their access movement through medians treatments to eliminate 1some or all turning movements in order to reduce the number of conflicts between left turning. vehicles and through vehicles on the roadway. .that the accss serves. An approved ac permit (• D. Access Types. Access type refers to the land use on the adjoining property iii helps establish the access use and existing level of intensity to the property. The following access types are the most common in ort farm and ranch operations with a low trip generation generally used during planting and a Weld County 1. Agriculture/Field/Ditch Access. Supp at) harvesting seasons. P -k 2. Residential Access. Driveways to residence's and are considered a low trip generation with approximately ten (10) vehicle trips • i per day. I 3. Commercial/Industrial Access. Serves businesses, schools oil and gas facilities and are considered to have heavier vehicles - � •(ESALs) and/or high trip generation: • • 4. Multiple Use Access. Shared accesses where two or more properties utilize the same access. pen 5. Future Access. These locations may have been previously approved but has yet to be constructed or may be an existing parcel _.'-'firthat cannot obtain access to a side road and would otherwise be considered landlocked but fall into the requirement of being a,, Its may include, but are not limited to, reestablishing the i theprofile date the County Will t close the access. Closure and refs int the vegetation to the satisfaction thaiofn d , Public aeWorks. profile of the burrow ditch, removing any culverts and gates in the fencing adjacent to the maintained right-of-way, and attempting &p to reseed adtheaffectedent located in thit right-of-way ighvn ( Roadway d to, auxiliary Projects with cch eration and deceleration or n ctiash history may require h public improvements; uIfthesenor air ofding ( but not limited to, auxiliary lanes, such as acceleration and deceleration lanes, exclusive left or right-hand turn lanes; or a'traffic. elq signal, in accordance with the Weld County Engineering and Construction Criteria, as shown in App roadwayifprovements are required, uir bthe Board oC holder will ty Gomm responsible enter into an improvements aagreement mtiwith collateral. on maintenance sE The agreement shall ebe approved �_ H. Road Maintenance Agreements. Accesses may require a road maintenance agreement or a temporary agreement as a condition of granting the access permit. Possible mitigations shall be set forth in the maintenance agreement. to }o lei byy the Board. shall Violation of the road maintenance agreement will constitute for ra violationements ofagreements. permit and may subject the applicantapproved slef revocation of the permit and/or other enforcement. er Add APPENDIX 8-P. the Board that the Clerk to the Board be, and hereby is, directed to' arrange for Municode to Bu IT FURTHER ORDAINED by, 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 sey pf[ for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. declares that it uld thisrdinance in ach and ection, • The tio of County Commissioners sentence, clause, andphrase thereof irrespective of thedfactt � any one or e more sectonssub Subsections, bb ul , paragraphs, paragraph, �i- paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. ale . ;d • The Tribune io byf June 14, 2019. R ,eztc a. o iota a lay PS or lA s. -oulpeao i04 PeBwg lou •lnq ' uipnpul 'eo- pns puei a41 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on July 1, 2019 and July 22, 2019. The complete case file may be examined by calling the Department of Planning Services at (970) 400-6100 to make arrangements with the Planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@weldgov.com. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 400-3519, or the Clerk to the Board's Office at (970) 400- 4225, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. The application may be updated at any time at the request of the applicant, or in response to public input, referral responses, or staff recommendations. During the public hearing process, the Planning Commission and Board of County Commissioners reserve the right to amend the findings, conditions of approval, and/or development standards in the proposed resolution. DOCKET #: 2019-95 PLANNING COMMISSION DATE: June 18, 2019 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: June 10, 2019 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2019-09 PRESENTED BY: BRUCE BARKER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8, PUBLIC WORKS, OF THE WELD COUNTY CODE PLANNING COMMISSION WELD COUNTY, COLORADO DATED: June 6, 2019 PUBLISHED: June 7, 2019, in the Greeley Tribune 2019-2133 Affidavit of Publication NOTICE Pursuant to the zoning laws of the:State of Colorado and the Weld County. Code a public hearing:will be held before the Weld County Planning Commission ending. Board of County Commis . sfonere fn: the Hearing Room, Weld County Administration Bufld- ing. 1150'OStreet, Greeley, Colorado. at the times specified be- low. A Second:and Third reading of: said Ordinance will be can- sidered on July.:1 2019 arfd July 22;.2019 The complete case file may be examined Knelling Depart- Meta of Planning Services'at (970) 400.6100 to make arrange- meets With the Planner, or at the office'of the Clerk to the Board of County Commissioners;: Wetd.County Administration Building, 1150 0 Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner mao not hialrfcluded in the case: • file. To ensure inclusion ' of your E -Mail correspondence into the • case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the ap-; proprtate'contact information For inclusIon of any corre- spondence prior to the Board of Commrastoners hearing E- -malt egpsick@vreldgov;coin If a court reporter is desired for either hearing please advise the Department of Planning'Services or the Clerk to the Board's Of- lice In writing;: at teastve days prior to the hearing. The cost of engaging a court reporter shell be borne by the requesting party, • I . In accordance with the Armericana With Disabilities: Act if special . accommodations are required in order for you to participate• this hearng; please contact the Department of Planning Serv- fret at (970,409...3519/6( the Clerk to' the Board's Office at (970)409-4225; prior to the day of the hearing.' Aft cases sched- ufed before.the Planning Commission or Board of. County Cam- • missioners are sUlbject.to. continuance;:due to lack of quorum or otherwise Contact the Department of Planning Services or the Clerk to the Boards 0ftice at the numbers above :for hearing continuance infonnatton,; ].The application may be updateda any time at the reguegt of iheapplicant, or Inresponse10 public input, referral responses, or staff recommendations.. During the public. hegnng ,process, the Planning Commission: and Board of County Commissioners reserve the right CO:amend findings;: conditions of approval, and/or development standards in the pro-_ posed resolution. ' DOCKET II::2019-95 PLANNING COMMISSION DATE. June 18, 2019° TIME: 12.36 p.m • BOARD OFCOMMISSIONERSDATE June 10 2019, TIME 9:00'a:m CASE'NUMBER ORDINANCE 2019-09 • PRESENTED; BY: BRUCE BARKER REQUEST: IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER8. PUBLIC WORKS, OF THE WELD COUNTY CODE • PLANNING COMMISSION : WELD COUNTY;. COLORADO: DATED: June 2019 ' The Tribune June 7;2019 STATE OF COLORADO County of Weld, I Jennifer Usher ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Seventh day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Seventh day of June A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 7, 2019 Total Charges: $17.93 7th day of June 2019 My Commission Expires 08/13/2022 5 Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 c, Hello