HomeMy WebLinkAbout20193246.tiffWELD COUNTY
CODE ORDINANCE 2019-12
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8
PUBLIC WORKS, CHAPTER 12 LICENSES AND PERMITS, AND CHAPTER 23 ZONING, OF
THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby
are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
follows.
CHAPTER 8
PUBLIC WORKS
Add ARTICLE XI- Storm Drainage Criteria
Division 1 - General Provisions
Sec. 8-11-10. Intent.
A. The intent of the Weld County Storm Drainage Criteria is to provide minimum standards to
preserve and protect the public health, safety and general welfare in the unincorporated lands
of the County, pursuant to authority granted by Part 4 of Article 15 of Title 30, and Article 35
of Title 30, C.R.S.
B. Adequate stormwater management is necessary to preserve and promote the health, safety,
general welfare, and economic well-being of the County. Drainage is a regional issue involving
multiple governmental jurisdictions and affecting all property parcels. This makes it especially
critical for drainage systems and programs to address both public and private needs. The
County should be directly involved to provide coordination and master planning for area -wide
drainage facilities.
C. Drainage plans should adhere to generally accepted engineering principles and practices and
shall conform to applicable laws and regulations. Development shall consider the features and
functions of the existing drainage system.
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D. Application of these policies is supported by technical drainage criteria and data. When
designed and implemented in a comprehensive manner, drainage facilities can be provided
in a manner that will avoid water -related damage to infrastructure, maintain or improve water
quality, and enhance the health, safety, and general welfare of the County.
Sec. 8-11-20. Definitions
For the purpose of this article, the following terms, phrases, and words and their derivations
shall have the meanings given herein:
Control Measures (formerly Best Management Practices/BMPs): for the purposes of this
Article, 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. For the purposes of this Article, control measures
address prevention of water pollution and control of dust from construction sites.
Detention pond: A flood control feature designed to temporarily store runoff and reduce peak
flows. Detention ponds return water to the watershed through an outlet designed to release at a
specified rate.
Municipal Separate Storm Sewer System (MS4): An area defined by the Federal
Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of this
code.
Non -Urbanizing: An area farther than 1/4 mile from municipal boundaries, as amended.
Retention pond/Storm water Infiltration facility: A flood control feature designed to temporarily
store runoff and reduce peak flows. Retention ponds return water to the watershed through
infiltration into the ground.
Urbanizing: An area within 1/4 mile from municipal boundaries, as amended.
Sec. 8-11-30. Adoption of storm drainage standards.
A. The Urban Drainage and Flood Control District's "Urban Storm Drainage Criteria Manual,"
(UDFCD Manual) consisting of Volume 1, Volume 2, and Volume 3, as currently published or
hereafter amended, is hereby adopted by reference, with the amendments and additions
which are set forth herein. All references to "District" or "The District" within the UDFCD
Manual shall be replaced with "Weld County". The provisions of this Article shall be known as
the "Weld County Storm Drainage Criteria." All facilities for stormwater management on
properties located within the unincorporated lands of the County, whether public or private,
shall be designed and constructed in accordance with such criteria, unless a master drainage
plan specific to the area of the site has been approved by the County. The Weld County Storm
Drainage Criteria shall be available on the Weld County Public Works Department's Website.
B. The criteria and procedures contained in this article are intended to supplement the UDFCD
Manual in ways specific to Weld County. In the case of a conflict between the UDFCD Manual
and the supplemental criteria and procedures in this article, such supplemental criteria and
procedures shall take precedence over the UDFCD Manual.
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Sec. 8-11-40. - Drainage policy.
A. Weld County pursues a jurisdictionally unified drainage effort to assure an integrated
drainage system and to cooperate with other regional and local planning agencies on
drainage matters.
B. For new development, un-detained discharges to roadside ditches located in the County
right-of-way are prohibited.
C. Except as set forth below, Weld County requires regional and/or on -site detention for all
future developments. Temporary or interim detention/retention may be required if the
downstream regional facilities have not yet been constructed per the applicable master plan
for that location. Stormwater retention facilities are normally not allowed in Weld County but
will be considered for special circumstances through the variance process as defined in this
article.
D. Weld County requires detention of runoff from the 1 -hour, 100 -year, storm falling on the
developed site and release of the detained water at the historic runoff rate of the 1 -hour,
5 -year storm falling on the undeveloped site for urbanizing areas and the historic runoff rate
of the 1 -hour, 10 -year storm falling on the undeveloped site for non -urbanizing areas. Historic
is defined as an undeveloped site with a 2.0% imperviousness. If an urbanizing jurisdiction
has adopted a different historic runoff rate than that stated in this subsection, then the most
restrictive runoff rate shall apply.
E. Public Works shall review and approve new development in accordance with the storm
drainage criteria of this article.
F. Weld County will not accept any detention or retention pond that does not drain in accordance
with state and federal law or causes injury to water rights. Upon evaluation, improvements
may be necessary to downstream capacity.
G. Irrigation ditches shall not be used as outfall points for stormwater runoff from Uses by
Special Review, Site Plan Reviews, Subdivisions, or Planned Unit Developments, unless
such use is approved, in writing, by the ditch owner(s). Water quality treatment may be
required.
H. An as -built survey of stormwater facilities shall be provided if requested by Public Works.
I. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare
of public and private property. No stormwater detention will be required for sites that meet any
of the following conditions. Requirements of the Municipal Separate Storm Sewer System
(MS4) areas remain applicable. Public Works will confirm if the development qualifies for an
exception based upon the information provided by the applicant. Exceptions shall be
supported with an approved drainage narrative, which must describe at a minimum:
1. Any existing and proposed improvements to the property.
2. The exception being requested for consideration.
3. Where the water originates if it flows onto the property from an off -site source.
4. Where the water flows as it leaves the property.
5. The direction of flow across the property.
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6. Previous drainage problems with the property, if any.
7. The location of any irrigation facilities adjacent to or near the property.
8. Any additional information pertinent to the development.
Exceptions to the stormwater detention shall be limited to the following uses:
1. Use by Right or Accessory Use in the A (Agricultural) Zone District.
2. Zoning Permits for accessory storage, commercial vehicles, home occupations, or
manufactured homes in the A (Agricultural) Zone District.
3. A second dwelling permit in the A (Agricultural) Zone District.
4. Towers including, but not limited to, wind and telecommunication towers.
5. Pipelines or transmission lines, excluding laydown yards, metering sites, substations, and
any other above ground appurtenances.
6. Gravel pits if the stormwater drains into the gravel pit. Releases from the site shall comply
with the Weld County Storm Drainage Criteria, including dewatering. Topographical
information shall be provided.
7. Residential developments where all the following conditions exist. This exception shall be
supported by calculations signed and stamped by a Colorado Licensed Professional
Engineer
a) Nine (9) lots or fewer.
b) The average lot size is equal to, or greater than, three (3) acres per lot.
c) Downstream roadway criteria are not exceeded.
d) The total post -development imperviousness for the rural residential development does
not exceed ten percent (10%), assuming that all internal roads and driveways are
paved, or will eventually be paved.
8. Development of sites where the change of use does not increase the imperviousness of
the site.
9. Non -Urbanizing areas where the total pre-existing and post development impervious area
produces stormwater runoff of less than, or equal to, 5 cfs for the 1 -hour, 100 -year, storm
event. This exception shall be supported by calculations signed and stamped by a
Colorado Licensed Professional Engineer.
10. Parcels with total area less than, or equal to, 1.0 gross acre.
11. An individual parcel with an unobstructed flow path and no other parcel(s) between the
Federal Emergency Management Administration (FEMA) regulatory floodplain channel
and the project.
12. A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is
allowed a onetime exception for a new 2,000 sq. ft. building or equivalent imperviousness.
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13. A parcel greater than 5 gross acres in size is allowed a onetime exception for a new 4,500
sq. ft. building or equivalent imperviousness.
14. Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and
Housed Commercial Swine Feeding Operation (HCSFO) which are covered and approved
by the Colorado Discharge Permit System (CDPS) regulations. Portions of the site not
included or covered by the CDPS permit, shall comply with the Weld County Storm
Drainage Criteria.
Sec. 8-11-50. Rainfall.
The designer shall use the most appropriate and best available data for the project area in
determining the rainfall quantities. The applicant shall utilize local rainfall data from the National
Oceanic and Atmospheric Administration (NOAA) unless otherwise approved by Public Works.
The use of synthetic rainfall distribution data is not permitted.
Sec. 8-11-60. Runoff.
A. The Rational Method should not be used to determine runoff for basins larger than 160 acres.
In areas located in the southwest portion of Weld County, where areas are larger than 160
acres that have drainage characteristics similar to an urban area, the Colorado Urban
Hydrograph Procedure (CUHP) is an acceptable model for determining runoff amounts. The
CUHP model can be used for basins from 0 to 3,000 acres. The parameter adjustments
provided in the runoff chapter of the UDFCD Manual (Volume 1) should be used when dealing
with basins that are larger than 160 acres.
B. The CUHP model is not applicable in non -urban areas, including those areas in Weld County
that are outside of the Denver Metropolitan area. Public Works may accept other
methodologies as deemed appropriate by the design engineer.
Sec. 8-11-70. Street drainage for Use by Special Review, Commercial, Industrial, Planned
Unit Development and Residential Subdivisions.
A. Design Depth Criteria. The primary design objective is to keep the encroachment of
stormwater on the street or road below an acceptable limit for a given flood return period.
When stormwater collects on a street and flows down a gutter or swale, the stormwater
encroaches into the roadway. If left unchecked, the encroachment will hinder traffic flow and
may become hazardous. The maximum encroachment depth over the crown is 6" during the
10 -year storm and 18" during the 100 -year storm. County Highways and arterial roadways
overtopping shall be determined by the Public Works Director or Designee.
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B. Inlets.
1. The design guidelines provided in the streets/inlets/storm sewers chapter of the UDFCD
Manual (Volume 1) should be used when designing stormwater inlets. The standard inlets
permitted for use in Weld County streets/roads are shown in the following table:
Inlet type permitted (CDOT Types)
Curb opening inlet Type R
Grated inlet Type C
Grated inlet Type 13
Combination inlet Type 13
All street types with 6 -inch vertical curb
All streets with a roadside ditch or swale
Alley or private drives with a valley gutter
All street types with 6 -inch vertical curb
2. In order to account for factors, which decrease the capacity of the inlets —such as debris
plugging, pavement overlaying, and variations in design assumptions —the theoretical
capacity calculated for inlets is to be reduced by the factors presented in the following
table for standard inlets in Weld County.
Condition Inlet Type
Sump or continuous grade
Continuous grade
Sump
CDOT Type R
5 ft length
10 ft length
15 ft length
Combination Type 13
Grated Type C
Grated Type 13
Combination Type 13
Percent of Theoretical
Capacity Allowed
88
92
95
66
50
50
65
C. Pipes.
1. The design guidelines provided in the streets/inlets/storm sewers chapter of the UDFCD
Manual (Volume 1) should be used when designing stormwater pipes.
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2. The applicant shall contact the Department of Public Works to determine which types of
storm sewer pipes are permissible for use in public rights -of -way or public drainage
easements.
Sec. 8-11-80. Major drainage.
A. Design Flows. The major drainage system must be able to convey the fully developed flow
from a watershed for the 1 -hour, 100 -year event without significant damage to the system.
B. Open Channel Design Principles.
1. Grass -lined open channels conveying less than 50 cfs may reduce the minimum 1.0 -foot
freeboard requirement to the freeboard required to convey 1.33 times the 100 -year design
flow. The reduced freeboard may only occur if a 1.0 -foot minimum freeboard is not
physically possible and a variance request is submitted.
2. Maximum side slopes may be as steep as 3H:1V. If slopes are greater than 4H:1V the
design engineer should address how the channels will be safely maintained.
Sec. 8-11-90. Culverts in public right-of-way.
A. Sizing.
1. The applicant shall contact the Department of Public Works to determine which types of
storm sewer pipes are permissible for use in public rights -of -way or public drainage
easements.
2. Culverts shall be designed to the following maximum headwater to depth HW/D
requirements.
Range of Diameter or Height or Rise, Inches Maximum HW/D
Less than 36 inches 2.0
36 inches to 60 inches 1.7
Larger than 60 inches but less than 84 inches 1.5
84 inches to less than 120 inches 1.2
120 inches or larger 1.0
B. Materials. Culverts that are to be installed in a public right-of-way that is routinely burned must
be made of either concrete or metal. Plastic pipes will not be allowed in public rights -of -way
that are subject to weed burning.
Sec. 8-11-100. Storage.
A. Detention Criteria.
1. Detention ponds shall be sized to store the stormwater runoff generated by the 1 -hour,
100 -year storm falling on the developed site and release of the detained water at the
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historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for urbanizing
areas and the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped
site for non -urbanizing areas. Historic is defined as an undeveloped site with a 2.0%
imperviousness.
2. The detention pond must include volume for the water quality capture volume. Water
quality capture volume may be included as a portion of the total 100 -year detention pond
volume. The water quality capture volume is to be drained over 40 hours.
3. Off -site flows can be routed as follows:
a. Over the spillway; or
b. Routed around the site.
4. The elevation of the top of the detention pond embankment, except at the spillway, must
be a minimum of 1 -foot above the 100 -year water surface elevation in the detention pond.
5. Outlet works should be sized and structurally designed to release at no more than the
1 -hour, 5 -year historic release rate in urbanizing areas and 1 -hour, 10 -year historic release
rate in non -urbanizing areas without structural or hydraulic failure. Historic is defined as
an undeveloped site with a 2.0% imperviousness. The outlet pipe must contain a minimum
of two concrete cutoff walls embedded a minimum of 18 inches into undisturbed earthen
soil. The cutoff walls must be a minimum of 8 inches thick. The outlet pipe bedding material
must consist of native earthen soil, not granular bedding material, to at least the first
downstream manhole or daylight point.
6. Each detention pond shall contain an emergency spillway capable of conveying the peak
100 -year storm discharge draining into the detention pond. The invert of the emergency
spillway must be equal to, or above, the 100 -year water surface elevation. The depth of
flow out of the emergency spillway shall be 6 inches or less. The spillway must have
effective erosion protection. In order to protect the emergency spillway from catastrophic
erosion failure, buried or grouted riprap shall be placed from the emergency spillway
downhill to the embankment toe of slope and covered with 6 inches of topsoil, if buried.
The riprap must be sized at the time of final engineering design. Grouting of the riprap
may be required.
7. In order to prevent damage to publicly -owned infrastructure (roads, roadside ditches), a
concrete cutoff wall 8 inches thick, 3 feet deep, and extending a minimum of 5 feet into
the embankment on each side of the emergency spillway opening, is required on all
privately -maintained detention ponds and required on all regional detention ponds. The
concrete cutoff wall permanently defines the emergency spillway opening. The emergency
spillway elevation must be tied back into the top of the embankment using a maximum
slope of 4:1.
8. The design of the detention facility must provide evidence that the pond will drain in
accordance with C.R.S. 37-92-602(8), as amended. A detention pond that can cause
injury to water rights or is in violation of State or Federal law will not be accepted.
9. Simplified full spectrum equations are not to be used to calculate the required volume of
a detention pond.
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B. Retention Criteria.
1. Retention facilities are not allowed in Weld County without the issuance of a variance.
2. Retention facilities must be designed to contain 1.5 times the volume of the runoff
generated by the 24 -hour, 100 -year storm, plus 1 foot of freeboard.
3. The design of the retention facility must include an emergency spillway and must show
that a spill will not adversely impact downstream properties or residences. The spillway
must be designed in accordance with the detention pond spillway requirements.
4. The design of the retention facility must provide evidence that the pond will drain through
the bottom (sides slopes cannot be used in calculation) in accordance with C.R.S. 37-92-
602(8), as amended. A retention pond that can cause injury to water rights or is in violation
of state or federal law will not be accepted.
C. Erosion Protection Design Criteria. Erosion protection for storage facilities needs to be
designed to ensure that the sediment does not leave the site or impact downstream properties.
It may be necessary to install straw bales, riprap, erosion control logs, erosion control
blankets, etc. on the storage facility side slopes to ensure that erosion does not occur until the
reseeded vegetation is established. The Control Measures/BMPs outlined in the UDFCD
Manual (Volume 3) should be used.
Sec. 8-11-110. Revegetation.
A. Weld County utilizes the information provided in the Revegetation Chapter of the UDFCD
Manual (Volume 2), and the Best Management Practices Chapter of the UDFCD Manual
(Volume 3). Weld County has highly recommended seed mixes that are applicable to areas
of the County. These seed mixes can be found under the Weld County Public Works Website,
Weed Management Section. If noxious weeds, as defined by the State of Colorado, exist
onsite, the appropriate steps shall be taken before, during, and after work is completed to
control their spread.
B. Seeding and Planting. In addition to the site preparation guidelines outlined in the revegetation
chapter of the UDFCD Manual (Volume 2), if mulching with straw, the straw must be free of
seeds and weeds.
Sec. 8-11-120. Stormwater quality.
A. A water quality feature is intended to improve water quality from the impacts of site
development. A water quality feature can be an existing low spot on the property that currently
collects water or an excavated area. The volume required is based upon site size and
imperviousness. This depression is intended to allow stormwater runoff from the site to collect
and settle out any contaminants prior to flowing offsite to neighboring properties or
downstream waterways.
B. An accepted methodology for a water quality feature design can be found in the UDFCD
Manual, Volume 3, Best Management Practices.
C. For regulations pertaining to MS4 areas, refer to Chapter 8, Article IX of this code.
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Sec. 8-11-130. Control Measures.
Weld County uses the Control Measures/BMPs that are outlined in the UDFCD Manual
(Volume 3) Best Management Practices.
Sec. 8-11-140. Maintenance.
A. Culverts located outside County -maintained road rights -of -way are not maintained by Weld
County. The owners of those culverts are responsible for their maintenance. Culverts that are
part of a subdivision drainage plan are maintained by the respective homeowner's association.
Those culverts should be maintained and cleaned out annually, per the drainage report
maintenance plan, or on an as -needed basis to ensure proper drainage of the subdivision.
B. To assist owners with maintenance, an operations and maintenance manual for stormwater
facilities and associated infrastructure shall be developed and included with the final drainage
report. The operations manuals will include instructions on safe and correct operations, repair
and maintenance of all installed equipment and facilities and recommended inspection
schedules. The operations and maintenance manual shall be distributed to any applicable
homeowners' association or business park association (or equivalent).
C. The property owner/developer, not Weld County, is responsible for site maintenance and
revegetation.
D. Access must be provided to the drainage facilities for long-term maintenance.
E. Areas designated for stormwater storage, retention, or detention are not to be used for storage
of materials, building, or parking, or modified without approval from the Department of Public
Works.
Sec. 8-11-150. Enforcement.
The County, through its Department of Public Works or other departments so authorized, may
enforce this Article XI through methods described below or through other methods adopted by
the Board of County Commissioners.
If it appears to County staff that any property is being or is proposed to be excavated, graded,
altered, or used in violation of this Article XI, 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. In
addition, the County may, without seeking relief from any court, refuse to issue any zoning,
building, certificate of occupancy, or other County -issued permit until the property is brought into
compliance with the requirements of this Article Xl. In any case in which the improvements
required by this Article XI are included in an Improvements Agreement between the property
owner and the County, the County may access and use collateral in accordance with the terms
of that agreement for the purpose of ensuring compliance with this Article XI.
Sec. 8-11-160. Stormwater drainage criteria variances.
The variance procedure is intended to address cases of hardship. Relief from the provisions
of this article may not be granted when the hardship is brought about solely through the actions
of the appellant. No relief may be granted when the result of granting the requested relief is
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detrimental to the public health, safety, and general welfare or when the relief is contrary to the
purpose and intent of this article. In granting any variance, the Department of Public Works may
prescribe appropriate conditions and safeguards in conformity with this article. Violation of such
conditions and safeguards, when made a part of the terms under which the variance is granted,
shall be deemed a violation of this article.
The variance request shall be stamped and signed by a professional civil engineer licensed
to practice in the State of Colorado. Requests will be reviewed by the Public Works Director or
his/her designee. In order to be granted, the variance request must:
A. Describe the design criteria of the Weld County Code of which a variance is being
requested.
B. Describe the proposed alternative with engineering rationale which supports the intent of
the Weld County Code.
C. Meet the design intent of the Weld County Code.
D. Demonstrate that granting of the variance will still adequately protect public health, safety,
and general welfare.
E. Demonstrate there are no adverse impacts, from stormwater runoff, to the public rights -
of -way and/or off -site properties as a result of the project.
An applicant may appeal the denial of a variance to the Board of County Commissioners
pursuant to the provisions of Section 2-4-10 of this Code.
Variance requests, if accepted, are not precedent setting and are based upon specific site
constraints.
Add ARTICLE XV - Transport Permits
Sec. 8-15-10. Intent of Transport Permit Policy.
Weld County strives to keep its roadways and bridges safe and in a state of good repair and
free from unnecessary encumbrances. The Weld County Transport Permit is required for Extra-
legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal
Vehicles and Loads occurs in a safe and efficient manner. Weld County Transport Permits issued
shall include restrictions or conditions including, but not limited to, establishing routes, enforcing
a time of day for travel, and/or requiring Extra -legal Vehicles/Loads to be accompanied by pilot
escorts in an effort to protect the health, safety and welfare of the traveling public. This policy
shall apply within all unincorporated areas of Weld County as of the effective date of this Article.
This policy is enacted pursuant to C.R.S. §42-4-510 and §42-4-511(2)(a); applicants are
responsible for complying with the terms of this and other applicable local, state, and federal laws.
Sec. 8-15-20. Purpose.
The purpose of this Article is to allow for the safe movement of Extra -legal Vehicles and Loads
on county roadways and protecting the health, safety, and welfare of the traveling public,
maintaining efficient traffic flow, while preserving the integrity of county roadways and bridges.
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Sec. 8-15-30. Definitions.
For the purpose of this Article, the following terms, phrases, words, and their derivations shall
have either their common sense meaning, or the meanings given herein:
Applicant: An individual, firm, partnership, corporation, or association submitting an
application for a Transport Permit.
Department: Weld County Public Works under authority of the Board of County
Commissioners.
Extra -Legal Vehicle and Load: An overweight, over length, over height vehicle or load
exceeding the Legal Limits as set by Federal and State of Colorado guidelines as defined in
C.R.S. §§42-4-502 through 42-4-509.
Hours of Darkness: Sunset to Sunrise.
Hours of Daylight: Sunrise to Sunset.
Inclement Weather. Weather conditions that impede safe travel such as: high winds, fog,
snow, heavy rain, icy roads, high water, limited visibility, etc.
Legal Limits: The size, weight, and height limits for a vehicle or load as defined in C.R.S.
§§42-4-502 through 42-4-509.
Maximum Limits: The maximum size, weight, and height limits that may be allowed by a
Transport Permit for an Extra -legal Vehicle or load.
Restricted Bridge Map: A map prepared by the Department indicating Load posted bridges.
Roadway: A strip of land that is granted through easement, petition, or other mechanism and
is maintained for Public transportation purposes.
Rules: Rules and Regulations as determined by this Article in addition to the Rules and
Regulations of the Colorado Department of Transportation, 2 C.C.R. 601.4.
Transport Permit: A license granted by Public Works to move or operate Extra -legal Vehicle
or Load on a county road.
Sec. 8-15-40. General Provisions.
A. Transport Permit Necessary. A Weld County Transport Permit is required for any movement
of an Extra -legal Vehicle or Load occurring on Weld County roadways, as defined in this
Article.
B. Issuance of a Transport Permit. An Extra -legal Vehicle or Load shall not operate or move on
a county road, except by Permit as provided in this Article. The Department may, upon
application in writing, issue a Single -trip, a Special, an Oil Rig, or an Annual Transport Permit
authorizing the Applicant to operate or move an Extra -legal Vehicle or Load. All permits shall
be issued at the discretion of the Department. In the Permit, the Department may include, but
is not limited to, the following conditions:
1. Limit the number of trips and/or establish other time limitations of operation.
2. Limit or prescribe conditions of operation when necessary to protect the safety of the
travelling public, the efficient movement of traffic, or the county roads from undue damage.
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3. Require pilot escorts and/or Law Enforcement to accompany loads with dimensions
exceeding maximums.
4. Establish travel routes.
5. Excessive loads as identified by Public Works Staff will be required to submit a route
assessment including a before and after structure analysis prepared by a State of
Colorado licensed Structural Engineer. These loads may require security to cover costs
of potential repairs.
6. Required Security, in the form of a Surety Bond or Letter of Credit, or other payment as
approved by the Department for moves that may have the potential to cause damage to
roads or structures within the roads. Whether or not covered by a security, the Permit
Holder shall reimburse the County for any and all expenses incurred by the County as a
result of, or related to, failure by the Permit Holder to perform the transport in compliance
with the Weld County Code and other applicable law.
7. Travel routes may require build outs of turning radii or other road improvements necessary
to accommodate movement of the Vehicle/Load. A right-of-way permit may be applicable.
C. The Applicant shall be responsible for the safe movement of the permitted Extra -legal Vehicle
or Load and all terms and conditions of the Rules.
D. Since many of these routes are connecting from other agencies or counties, the Applicants
shall not only adhere to the guidelines stated in this Article, but all other applicable Federal
and State of Colorado rules, regulations, and laws pertaining to Transport Permits for the
movement of Extra -legal Vehicles.
E. Exceptions. For communication purposes, and when feasible, the Department requests to be
notified in advance or during a transport if any of these exceptions occur. The following are
allowable exceptions to the Rules:
1. Emergency moves, as directed by emergency personnel, of an Extra -legal Vehicle or Load
are exempt from the requirements of obtaining a Transport Permit when it is necessary to
move the Extra -legal Vehicle or Load out of danger and for the protection of the travelling
public.
2. Towing carriers may transport a disabled Extra -legal Vehicle or Load from the point of
break down or crash to a place of safe keeping.
3. Any move of an Extra -legal Vehicle authorized by Local, State, Federal Law Enforcement
or Military personnel.
Sec. 8-15-50. Transport Permits Types.
The following Transport Permits are available as determined by the Department of Public
Works for the movement of Extra -legal Vehicles and Loads on roadways under Weld County
jurisdiction:
A. Single Trip Permit: A permit valid for a single one-way trip for Extra -legal Vehicles and Loads
that do not exceed Maximum Limits allowed by the Rules.
B. Special Permit: A permit valid for a single one-way trip issued to Extra -legal Vehicles or
Loads that exceed the Maximum Limits allowed by the Rules.
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C. Oil Rig Permit: A permit valid for Extra -legal Vehicles and Loads associated with an Oil Rig
Move. All loads pertaining to the specified rig and its location are covered under the issued
permit.
D. Annual Permit: A permit valid for one (1) year from the date of issuance for Vehicles or Loads
that do not exceed Maximum Limits allowed by the Rules.
E. Annual Overweight (OW) Divisible Permit: A permit valid for one year from the date of
issuance for Quad Axle and/or Tandem/Triple Axle Divisible Vehicles or Loads.
F. Fleet Permit: a permit valid for one (1) year from the date of issuance for Applicants with 10
or more Vehicles of which may not exceed Maximum Limits for Annual Permits.
Sec. 8-15-60. Transport Permits Application Information.
A. The Maximum Limits authorized for Annual Extra -legal Vehicles or Loads are as follows:
1. Two hundred thousand (200,000) pounds Gross Vehicle Weight and must meet Federal
Bridge Formula requirements for axle loading.
2. Sixteen (16) feet in Width.
3. Sixteen (16) feet in Height.
4. One hundred twenty (120) feet in Length.
5. Twenty-five (25) foot front Overhang.
6. Thirty-five (35) foot rear Overhang.
B. The Maximum Limits that may be authorized for an Extra -legal Vehicle or Load operating
under the Annual Overweight (OW) Divisible Permit are as follows:
1. One hundred ten thousand (110,000) pounds subject to Bridge limitation map. Vehicle
must be configured with a Quad Axle grouping.
2. Ninety-seven thousand (97,000) pounds subject to Bridge limitation map. Vehicle must
be configured with a Tandem/Triple Axle grouping on trailer.
3. Height, Width, and Length shall not exceed Legal limits and maximums.
C. Hours of Darkness. An Extra -legal Vehicle or Load more than fourteen (14) feet in Width is
prohibited from travelling from Sunset to Sunrise unless authorized as a Provision on the
Transport Permit.
D. Holidays. Refer to Colorado Department of Transportation Rules and Regulations Chapter 4
(404.3).
E. Convoying. Convoying is not permissible on Weld County roadways unless specified as a
special condition on the permit. A minimum distance of one-half mile shall be maintained at
all times.
F. Staging. Vehicle staging/parking on Weld County roadways is not permitted, except at
designated pull off areas. Staging on the Weld County Highway is not permitted without
permission from the Department.
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Sec. 8-15-70. Transport Permit Application Process.
A. Applicant must apply to the Department of Public Works to obtain a Transport Permit.
B. Submittal Requirements. Applicant must submit a complete application form, required
submittals, and fee to the Department for review. Required submittals may include, but are
not limited to:
1. Route survey.
2. Pilot escort information.
3. Traffic control plan.
4. Professional Engineer's analysis report for structures.
5. Copies of Permits or Permissions from related agencies or municipalities included within
the submitted route.
6. Public notification.
7. Public Utility clearance letter.
8. Certificate of Authentication (for Mobile Homes only).
9. Right -of -Way Use Permit.
10. Transport Fee.
C. Review Process. The application and submittals filed by the applicant for a Transport 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 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.
D. Permit Issuance. If the Department finds all requirements and regulations set forth in this
Article have been satisfied, and all fees have been secured, a Transport Permit will be issued.
E. Changes to an Approved Permit. An approved Transport Permit shall not be changed,
modified, or altered without written consent from the Department of Public Works.
F. Permit Expiration.
1. Single -trip Permits and Special Transport Permits expire within three (3) days from the
approved move date. If a longer time period than three (3) days is granted, the Permit will
expire accordingly based on the move date.
2. Oil Rig Permits expire ten (10) days from the date of issuance.
3. Annual Permits expire one (1) year from date of issuance.
G. Permit extension. An applicant may request an extension of time for a Single -trip, Special
Transport, or Oil Rig Permit if the move is unable to begin due to good cause. There shall be
an extension fee assessed to cover administrative costs.
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VIII I�.�L'R4�G:IR'r1�M+G I�L�hl�l�1���'?1�4'�ii �I III
Sec. 8-15-80. Applicant's general responsibilities.
A. Applicant is responsible for all compliance with Rules as set in this Article, Permit, and Permit
Provisions.
B. Applicant is responsible for maintaining compliance with all Federal and State Highway
Commercial Vehicle rules.
C. Applicant is responsible for obtaining all necessary Permits and Permissions from all
Authorities, property owners, other jurisdictions, or other affected parties located within the
intended haul route boundaries.
D. Applicant shall have an original, copy, or verifiable electronic copy of the Transport Permit
available when operating on Weld County roadways.
E. Indemnification. The Permit Holder, its agents, employees, subcontractors, contractors and
assigns hereby agrees to hold Weld County, Colorado, the agencies thereof and their officers
and employees harmless from any and all loss and damage or any claims which may arise
out of, or be connected with, the Special Transport Permit, excluding any such loss and
damage or any claims (including consequential damages) which may be caused solely by the
negligence of the County, the agencies thereof or its officers and employees.
F. Insurance. The Permit Holder shall secure and maintain insurance policies that will protect
them, their subcontractors and the County from claims for bodily injury, death or property
damage which may arise from the transport conducted pursuant to this permit. Weld County
must be named as an "Additional Named Insured" upon said insurance policies.
G. Utility Locates. The Permit Holder shall be responsible for utility locates at least forty-eight
(48) hours in advance of the transport, for utilities that may be affected during transport. The
Permit Holder is responsible for any damages to existing utilities or structures.
Sec. 8-15-90. County Authority.
A Special Transport Permit is considered to be a license for use of the County roadways.
The Department shall have the authority to suspend and/or terminate the move, wholly or in part,
because of the failure of the Permit Holder to properly execute the move in accordance with this
Article. Weld County, notwithstanding the issuance of any Permit in the County roadways,
reserves the right to make any changes, additions, or required rerouting of any special transport
vehicles on county roadways at any time, without compensating the owner.
Sec. 8-15-100. Transport Permit Fee.
All required fees shall be paid, in full, at the time of the Permit application submission unless
other arrangements are made. The fee for Transport Permits shall be determined by resolution
or ordinance of the Board of County Commissioners and shall be shown on the Transport Permit
applications.
Sec. 8-15-110. Appeal of Denial of a Transport Permit.
If an application for a Transport Permit is denied or revoked by the Department, or if 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 the Weld County Code.
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Sec. 8-15-120. Permit Suspension or Revocation.
The Department may deny, revoke, or suspend the Transport Permit in order to protect the
public health, safety, welfare, and ensure the safe function of county roadways and bridges.
Weld County reserves its right to revoke any Transport Permit without a refund of fees whenever
a Permit is issued in error on the basis of incorrect information supplied by the applicant, or
whenever the Applicant is in violation of any rules or provisions of this Article.
If the Department determines the Applicant has committed a substantial breech of a term or
condition of any statute, ordinance, rule, regulation, or any condition of the Permit, the Department
shall notify the Applicant of their suspension or revocation by either a phone call or in writing.
Within twenty-four (24) hours of receiving the notification of the suspension, the Applicant
shall contact the Department of Public Works with a plan of correction which must be accepted
by the Department. Failure by the Applicant to contact the Department to remedy violations shall
result in immediate revocation of the Permit and termination of the move. If a Permit is revoked,
the Applicant will be required to re -apply and will be charged for any applicable fees.
Sec. 8-15-130. Enforcement.
A. Violations and penalties. The County, through the Department of Public Works or other
Departments so authorized, may enforce this Article through methods available in the law,
included in this Article, or through other methods adopted by the Board of County
Commissioners.
B. Criminal penalties.
1. Whenever the Department, through one (1) of its employees, has personal knowledge of
any violation of this Article, it shall give written notice to the violator to correct such violation
within seven (7) days after the date of such notice. Should the violator fail to correct the
violation, the Department 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 Sheriff's Office and Department and one (1)
copy shall be transmitted to the Clerk of the Court. The County may remove any
obstruction or work not conforming to this Article during the pendency of the enforcement
action.
2. 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.
3. Any arresting law enforcement officer shall follow the penalty assessment procedure
provided in C.R.S. §16-2-201, for any violation of this Article.
C. Equitable relief in civil action. In the case of any violation of this Article, the County Attorney,
in addition to the other remedies provided by law, ordinance, or resolution, may institute an
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injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin,
abate, or remove such violation.
D. 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, may be subject to the imposition, by order of the 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, the remedies set forth above, or both. Each
day after the issuance of the order of the 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 real property.
CHAPTER 12
LICENSES AND PERMITS
ARTICLE V - Repealed and Reserved.
Delete Appendix 12-A.
CHAPTER 23
ZONING
ARTICLE XII - Repealed and Reserved.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
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MrdIVRIAIVIC
The above and foregoing Ordinance Number 2019-12 was, on motion duly made and
seconded, adopted by the following vote on the 22nd day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORXDO
ATTEST: deriteti
Weld C► • tyCClerk to the
BY:
Deputy
APP
Date of signature:
/7/06/i
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1111 P:L! rC'A1� �L'�1lk�M� IiI�F' 11111
arbara Kirkmeyer, Chair
Mike Freeman, Pry-Tem
•
Sean P. Conway
Scot K. James
Steve Moreno
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Publication: June 5, 2019
June 7, 2019
First Reading: June 12, 2019
Publication: June 19, 2019, in the Greeley Tribune
Second Reading: July 1, 2019
Publication: July 10, 2019, in the Greeley Tribune
Final Reading: July 22, 2019
Publication: July 31, 2019, in the Greeley Tribune
Effective: August 5, 2019
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WELD COUNTY
CODE ORDINANCE 2019-12
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8
PUBLIC WORKS, CHAPTER 12 LICENSES AND PERMITS, AND CHAPTER 23 ZONING, 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 Cmmissioners 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 f 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.
N •VV, 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
Add ARTICLE XI- Storm Draonage Criteria
Division 1 - General Provisions
Sec. 8-11-10. Intent.
A. The intent of the Weld County Storm Drainage Criteria is to provide minimum standards to
preserve and protect the public health, safety and general welfare in the unincorporated lands
of the County, pursuant to authority granted by Part 4 of Article 15 of Title 30, and Article 35
of Title 30, C.R.S.
B. Adequate stormwater management is necessary to preserve and promote the health, safety,
general welfare, and economic well-being of the County. Drainage is a regional issue involving
multiple governmental jurisdictions and affecting all property parcels. This makes it especially
critical for drainage systems and programs to address both public and private needs. The
County should be directly involved to provide coordination and master planning for area -wide
drainage facilities.
C. Drainage plans should adhere to generally accepted engineering principles and practices and
shall conform to applicable laws and regulations. Development shall consider the features and
functions of the existing drainage system.
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O. Application .f these policies is supported by technical drainage criteria and data. When
designed and implemented in a comprehensive manner, drainage facilities can be provided
in a manner that will avoid water -related damage to infrastructure, maintain or improve water
quality, and enhance the health, safety, and general welfare of the County.
Sec. 8-11-20. Dfinotoons
For the purpose of this article, the following terms, phrases, and words and their derivations
shall have the meanings given herein:
Control Measures (formerly Best Management Practices/BMPs): for the purposes of this
Article, 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. For the purposes of this Article, control measures
address prevention of water pollution and control of dust from construction sites.
Detention pond: A flood control feature designed to temporarily store runoff and reduce peak
flows. Detention ponds return water to the watershed through an outlet designed to release at a
specified rate.
Municipal Separate Storm Sewer System (MS4): An area defined by the Federal
Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of this
code
Non -Urbanizing: An area farther than % mile from municipal boundaries, as amended.
Retention pond/�tionStormwater Infiltration facility: A flood control feature designed to
temporarily store runoff and reduce peak flows. Retention ponds return water to the watershed
through infiltration into the ground.
Urbanizing: An area within %. mile from municipal boundaries, as amended.
Sec. 8-11-30. Adoption of storm drainage standards.
The Urban rainage and Flood Control District's "Urban Storm Drainage Criteria Manual,"
(UDFCD Manual) consisting of Volume 1, Volume 2, and Volume 3, s currently published or
hereafter amended, is hereby adopted by reference, with the amendments and additions
which are set forth herein. All references to "District" or "The District" within the UDFCD
Manual shall be replaced with "Weld County". The provisions of this Article shall be known as
the "Weld County Storm Drainage Criteria." All facilities for stormwater management on
properties located within the unincorporated lands of the County, whether public or private,
shall be designed and constructed in accordance with such criteria, unless a master drainage
plan specific to the area of the site has been approved by the County. The Weld County Storm
Drainage Criteria shall be available on the Weld County Public Works Department's Website.
B. The criteria and procedures contained in this article are intended tsupplement the UDFCD
Manual in ways specific to Weld County. In the case of a conflict between the UDFCD Manual
and the supplemental criteria and procedures in this article, such supplemental criteria and
procedures shall take precedence over the UDFCD Manual.
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Sec. 8-11-40. - Drainage policy.
A. Weld County pursues a jurisdictionally unified drainage effort to assure an integrated
drainage system and to cooperate with other regional and local planning agencies on
drainage matters.
B. For new development, un-detained discharges to roadside ditches located in the County
right-of-way are prohibited.
C. Except as set forth below, Weld County requires regional and/or on -site detention for all
future developments. Temporary or interim detention/retention may be required if the
downstream regional facilities have not yet been constructed per the applicable master plan
for that location. Stormwater retention facilities are normally not allowed in Weld County but
will be considered for special circumstances through the variance process as defined in this
article.
D. Weld County requires detention of runoff from the 1 -hour, 100 -year, storm falling on the
developed site and release of the detained water at the historic runoff rate of the 1 -hour,
5 -year storm falling on the undeveloped site for urbanizing areas and the historic runoff rate
of the 1 -hour, 10 -year storm falling on the undeveloped site for non -urbanizing areas. Historic
is defined as an undeveloped site with a 2.0% imperviousness. If an urbanizing jurisdiction
has adopted a different historic runoff rate than that stated in this subsection, then the most
restrictive runoff rate shall apply.
E. Public Works shall review and approve new development in accordance with the storm
drainage criteria of this article.
F. Weld County will not accept any detention or retention pond that does not drain in accordance
with state and federal law or causes injury to water rights. Upon evaluation, improvements
may be necessary to downstream capacity.
G. Irrigation ditches shall not be used as outfall points for stormwater runoff from Uses by
Special Review, Site Plan Reviews, Subdivisions, or Planned Unit Developments, unless
such use is approved, in writing, by the ditch owner(s). Water quality treatment may be
required.
H. An as -built survey of stormwater facilities shall be provided if requested by Public Works.
I. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare
of public and private property. No stormwater detention will be required for sites that meet any
of the following conditions. Requirements of the Municipal Separate Storm Sewer System
(MS4) areas remain applicable. Public Works will confirm if the development qualifies for an
exception based upon the information provided by the applicant. Exceptions shall be
supported with an approved drainage narrative, which must describe at a minimum:
1. Any existing and proposed improvements to the property.
2. The exception being requested for consideration.
3. Where the water originates if it flows onto the property from an off -site source.
4. Where the water flows as it leaves the property.
5. The direction of flow across the property.
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6. Previous drainage problems with the property, if any.
7. The location of any irrigation facilities adjacent to or near the property.
8. Any additional information pertinent to the development.
Exceptions to the stormwater detention shall be limited to the following uses:
1. Use by Right or Accessory Use in the A (Agricultural) Zone District.
2. Zoning Permits for accessory storage, commercial vehicles, home occupations, or
manufactured homes in the A (Agricultural) Zone District.
3. A second dwelling permit in the A (Agricultural) Zone District.
4. Towers including, but not limited to, wind and telecommunication towers.
5. Pipelines or transmission lines, excluding laydown yards, metering sites, substations, and
any other above ground appurtenances.
6. Gravel pits if the stormwater drains into the gravel pit. Releases from the site shall comply
with the Weld County Storm Drainage Criteria, including dewatering. Topographical
information shall be provided.
7. Residential developments where all the following conditions exist. This exception shall be
supported by calculations signed and stamped by a Colorado Licensed Professional
Engineer
a) Nine (9) lots or fewer.
b) The average lot size is equal to, or greater than, three (3) acres per lot.
c) Downstream roadway criteria are not exceeded.
d) The total post -development imperviousness for the rural residential development does
not exceed ten percent (10%), assuming that all internal roads and driveways are
paved, or will eventually be paved.
8. Development of sites where the change of use does not increase the imperviousness of
the site.
9. Non -Urbanizing areas where the total pre-existing and post development impervious area
produces stormwater runoff of less than, or equal to, 5 cfs for the 1 -hour, 100 -year, storm
event. This exception shall be supported by calculations signed and stamped by a
Colorado Licensed Professional Engineer.
10. Parcels with total area less than, or equal to, 1.0 gross acre.
11. An individual parcel with an unobstructed flow path and no other parcel(s) between the
Federal Emergency Management Administration (FEMA) regulatory floodplain channel
and the project.
12. A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is
allowed a onetime exception for a new 2,000 sq. ft. building or equivalent imperviousness.
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13. A parcel greater than 5 gross acres in size is allowed a onetime exception for a new 4,500
sq. ft. building or equivalent imperviousness.
14. Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and
Housed Commercial Swine Feeding Operation (HCSFO) which are covered and approved
by the Colorado Discharge Permit System (CDPS) regulations. Portions of the site not
included or covered by the CDPS permit, shall comply with the Weld County Storm
Drainage Criteria.
Sec. 8-11-50. Rainfall.
The designer shall use the most appropriate and best available data for the project area in
determining the rainfall quantities. The applicant shall utilize local rainfall data from the National
Oceanic and Atmospheric Administration (NOAA) unless otherwise approved by Public Works.
The use of synthetic 'ci-yarog#aph rainfall distribution data is not permitted.
Sec. 8-11-60. Runoff.
A. The Rational Method should not be used to determine runoff for basins larger than 160 acres.
In areas located in the southwest portion of Weld County, where areas are larger than 160
acres that have drainage characteristics similar to an urban area, the Colorado Urban
Hydrograph Procedure (CUHP) is an acceptable model for determining runoff amounts. The
CUHP model can be used for basins from 0 to 3,000 acres. The parameter adjustments
provided in the runoff chapter of the UDFCD Manual (Volume 1) should be used when dealing
with basins that are larger than 160 acres.
B. The CUHP model is not applicable in non -urban areas, including those areas in Weld County
that are outside of the Denver Metropolitan area. Public Works may accept other
methodologies as deemed appropriate by the design engineer.
Sec. 8-11-70. Street drainage for Use by Special Review, Commercial, Industrial, Planned
Unit Development and Residential Subdivisions.
A. Design Depth Criteria. The primary design objective is to keep the encroachment of
stormwater on the street or road below an acceptable limit for a given flood return period.
When stormwater collects on a street and flows down a gutter or swale, the stormwater
encroaches into the roadway. If left unchecked, the encroachment will hinder traffic flow and
may become hazardous. The maximum encroachment depth over the crown is 6" during the
10 -year storm and 18" during the 100 -year storm. County Highways and arterial roadways
overtopping shall be determined by the Public Works Director or Designee.
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B. Inlets.
1. The design guidelines provided in the streets/inlets/storm sewers chapter of the UDFCD
Manual (Volume 1) should be used when designing stormwater inlets. The standard inlets
permitted for use in Weld County streets/roads are shown in the following table:
Inlet type permitted (CDOT Types)
Curb opening inlet Type R All street types with 6 -inch vertical curb
Grated inlet Type C
Grated inlet Type 13
'Combination inlet Type 13
TAll streets with a roadside ditch or swale
Alley or private drives with a valley gutter
All street types with 6 -inch vertical curb
2. In order to account for factors, which decrease the capacity of the inlets —such as debris
plugging, pavement overlaying, and variations in design assumptions —the theoretical
capacity calculated for inlets is to be reduced by the factors presented in the following
table for standard inlets in Weld County.
Condition
;Sump or continuous grade
Inlet Type
CDOT Type R
'Continuous grade
Sump
Percent of Theoretical
Capacity Allowed
5 ft length
10 ft length
88
92
15 ft length 95
Combination Type 13
66
Grated Type C
!Grated Type 13
50
50
'Combination Type 13 165
C. Pipes.
1. The design guidelines provided in the streets/inlets/storm sewers chapter of the UDFCD
Manual (Volume 1) should be used when designing stormwater pipes.
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2. The applicant shall contact the Department of Public Works to determine which types of
storm sewer pipes are permissible for use in public rights -of -way or public drainage
easements.
Sec. 8-11-80. Major drainage.
A. Design Flows. The major drainage system must be able to convey the fully developed flow
from a watershed for the 1 -hour, 100 -year event without significant damage to the system.
B. Open Channel Design Principles.
1. Grass -lined open channels conveying less than 50 cfs may reduce the minimum 1.0 -foot
freeboard requirement to the freeboard required to convey 1.33 times the 100 -year design
flow. The reduced freeboard may only occur if a 1.0 -foot minimum freeboard is not
physically possible and a variance request is submitted.
2. Maximum side slopes may be as steep as 3H:1V. If slopes are greater than 4H:1V the
design engineer should address how the channels will be safely maintained.
Sec. 8-11-90. Culverts in public right-of-way.
A. Sizing.
1. The applicant shall contact the Department of Public Works to determine which types of
storm sewer pipes are permissible for use in public rights -of -way or public drainage
easements.
2. Culverts shall be designed to the following maximum headwater to depth HW/D
requirements.
Range of Diameter or Height or Rise, Inches
Less than 36 inches
36 inches to 60 inches
Larger than 60 inches but less than 84 inches
84 inches to less than 120 inches
1.2
Maximum HW/D
120 inches or larger 1.0
B. Materials. Culverts that are to be installed in a public right-of-way that is routinely burned must
be made of either concrete or metal. Plastic pipes will not be allowed in public rights -of -way
that are subject to weed burning.
Sec. 8-11-100. Storage.
A. Detention Criteria.
1. Detention ponds shall be sized to store the stormwater runoff generated by the 1 -hour,
100 -year storm falling on the developed site and release of the detained water at the
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historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for urbanizing
areas and the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped
site for non -urbanizing areas. Historic is defined as an undeveloped site with a 2.0%
imperviousness.
2. The detention pond must include volume for the water quality capture volume. Water
quality capture volume may be included as a portion of the total 100 -year detention pond
volume. The water quality capture volume is to be drained over 40 hours.
3. Off -site flows can be routed as follows:
a. Over the spillway; or
b. Routed around the site.
4. The elevation of the top of the detention pond embankment, except at the spillway, must
be a minimum of 1 -foot above the 100 -year water surface elevation in the detention pond.
5. Outlet works should be sized and structurally designed to release at no more than the
1 -hour, 5 -year historic release rate in urbanizing areas and 1 -hour, 10 -year historic release
rate in non -urbanizing areas without structural or hydraulic failure. Historic is defined as
an undeveloped site with a 2.0% imperviousness. The outlet pipe must contain a minimum
of two concrete cutoff walls embedded a minimum of 18 inches into undisturbed earthen
soil. The cutoff walls must be a minimum of 8 inches thick. The outlet pipe bedding material
must consist of native earthen soil, not granular bedding material, to at least the first
downstream manhole or daylight point.
6. Each detention pond shall contain an emergency spillway capable of conveying the peak
100 -year storm discharge draining into the detention pond. The invert of the emergency
spillway must be equal to, or above, the 100 -year water surface elevation. The depth of
flow out of the emergency spillway shall be ;eass th-an--6 inches or less. The spillway must
have effective erosion protection. In order to protect the emergency spillway from
catastrophic erosion failure, buried or grouted riprap shall be placed from the emergency
spillway downhill to the embankment toe of slope and covered with 6 inches of topsoil,, if
buried. The riprap must be sized at the time of final engineering design. Grouting of the
riprap may be required.
7 In order to prevent damage to publicly -owned infrastructure (roads, roadside ditches), a
concrete cutoff wall 8 inches thick, 3 feet deep, and extending a minimum of 5 feet into
the embankment on each side of the emergency spillway opening, is required on all
privately -maintained detention ponds and required on all regional detention ponds. The
concrete cutoff wall permanently defines the emergency spillway opening. The emergency
spillway elevation must be tied back into the top of the embankment using a maximum
slope of 4:1.
8. The design of the detention facility must provide evidence that the pond will drain in
accordance with stat, 4at iC. .S. 37-92-602(8), as amended. A detention pond that can
cause injury to water rights or is in violation of State or Federal law will not be accepted.
9. Simplified full spectrum equations are not to be used to calculate the required volume of
a detention pond.
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B. Retention Criteria.
1. Retention facilities are not allowed in Weld County without the issuance of a variance.
2. Retention facilities must be designed to contain 1.5 times the volume of the runoff
generated by the 24 -hour, 100 -year storm, plus 1 foot of freeboard.
3. The design of the retention facility must include an emergency spillway and must show
that a spill will not adversely impact downstream properties or residences. The spillway
must be designed in accordance with the detention pond spillway requirements.
4. The design of the retention facility must provide evidence that the pond will drain through
the bottom (sides slopes cannot be used in calculation) in accordance with state
37-92-602(8), as amerded. A retention pond that can cause injury to water
rights or is in violation of state or federal law will not be accepted.
C. Erosion Protection Design Criteria. Erosion protection for storage facilities needs to be
designed to ensure that the sediment does not leave the site or impact downstream properties.
It may be necessary to install straw bales, riprap, erosion control logs, erosion control
blankets, etc. on the storage facility side slopes to ensure that erosion does not occur until the
reseeded vegetation is established. The Control Measures/BMPs outlined in the UDFCD
Manual (Volume 3) should be used.
Sec. 8-11-110. Revegetation.
A. Weld County utilizes the information provided in the Revegetation Chapter of the UDFCD
Manual (Volume 2), and the Best Management Practices Chapter of the UDFCD Manual
(Volume 3). Weld County has highly recommended seed mixes that are applicable to areas
of the County. These seed mixes can be found under the Weld County Public Works Website,
Weed Management Section. If noxious weeds, as defined by the State of Colorado, exist
onsite, the appropriate steps shall be taken before, during, and after work is completed to
control their spread.
B. Seeding and Planting. In addition to the site preparation guidelines outlined in the revegetation
chapter of the UDFCD Manual (Volume 2), if mulching with straw, the straw must be free of
seeds and weeds.
Sec. 8-11-120. Stormwater quality.
A. A water quality feature is intended to improve water quality from the impacts of site
development. A water quality feature can be an existing low spot on the property that currently
collects water or an excavated area. The volume required is based upon site size and
imperviousness. This depression is intended to allow stormwater runoff from the site to collect
and settle out any contaminants prior to flowing offsite to neighboring properties or
downstream waterways.
B. An accepted methodology for a water quality feature design can be found in the UDFCD
Manual, Volume 3, Best Management Practices.
C. For regulations pertaining to MS4 areas, refer to Chapter 8, Article IX of this code.
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Sec. 8-11-130. Control Measures.
Weld County uses the Control Measures/BMPs that are outlined in the UDFCD Manual
(Volume 3) Best Management Practices.
Sec. -11-140. Maintenance.
A. Culverts located outside County -maintained road rights -of -way are not maintained by Weld
County. The owners of those culverts are responsible for their maintenance. Culverts that are
part of a subdivision drainage plan are maintained by the respective homeowner's association.
Those culverts should be maintained and cleaned out annually, per the drainage report
maintenance plan, or on an as -needed basis to ensure proper drainage of the subdivision.
B. To assist owners with maintenance, an operations and maintenance manual for stormwater
facilities and associated infrastructure shall be developed and included with the final drainage
report. The operations manuals will include instructions on safe and correct operations, repair
and maintenance of all installed equipment and facilities and recommended inspection
schedules. The operations and maintenance manual shall be distributed to any applicable
homeowners' association or business park association (or equivalent).
C. The property owner/developer, not Weld County, is responsible for site maintenance and
revegetation.
Access must be provided to the drainage facilities for long-term maintenance.
E. Areas designated for stormwater storage, retention, or detention are not to be used for storage
of materials, building, or parking, or modified without approval from the Department of Public
Works.
Sec. 8-11-150. Enforcement.
The County, through its Department of Public Works or other departments so authorized, may
enfrce this Article Xl through methods described below or through other methods adopted by
the Board of County Commissioners.
If it appears to County staff that any property is being or is proposed to be excavated, graded,
altered, or used in violation of this Article XI, 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. In
addition, the County may, without seeking relief from any court, refuse to issue any zoning,
building, certificate of occupancy, or other County -issued permit until the property is brought into
compliance with the requirements of this Article Xl. In any case in which the improvements
required by this Article XI re included in an Improvements Agreement between the property
owner and the County, the County may access and use collateral in cc rdance with the terms
f that agreement for the purpose of ensuring compliance with this Article Xl.
Sec. 841460. Stormw t drainage criterlla variances.
The variance procedure is intended to address cases of hardship. Relief from the provisions
of this article may not be granted when the hardship is brought about solely through the actions
of the appellant. No relief may be granted when the result of granting the requested relief is
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detrimental to the public health, safety, and general welfare or when the relief is contrary to the
purpose and intent of this article. In granting any variance, the Department of Public Works may
prescribe appropriate conditions and safeguards in conformity with this article. Violation of such
conditions and safeguards, when made a part of the terms under which the variance is granted,
shall be deemed a violation of this article.
The variance request shall be stamped and signed by a professional civil engineer licensed
to practice in the State of Colorado. Requests will be reviewed by the Public Works Director or
his/her designee. In order to be granted, the variance request must:
A. Describe the design criteria of the Weld County Code of which a variance is being
requested.
B. Describe the proposed alternative with engineering rationale which supports the intent of
the Weld County Code.
C. Meet the design intent of the Weld County Code.
D. Demonstrate that granting of the variance will still adequately protect public health, safety,
and general welfare.
E. Demonstrate there are no adverse impacts, from stormwater runoff, to the public rights -
of -way and/or off -site properties as a result of the project.
An applicant may appeal the denial of a variance to the Board of County Commissioners
pursuant to the provisions of Section 2-4-10 of this Code.
Variance requests, if accepted, are not precedent setting and are based upon specific site
constraints.
Add ARTICLE X HXV - Transport Permits
Sec. 8-1'155-10. Intent of Transport Permit Policy.
Weld County strives to keep its roadways and bridges safe and in a state of good repair and
free from unnecessary encumbrances. The Weld County Transport Permit is required for Extra-
legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal
Vehicles and Loads occurs in a safe and efficient manner. Weld County Transport Permits issued
shall include restrictions or conditions including, but not limited to, establishing routes, enforcing
a time of day for travel, and/or requiring Extra -legal Vehicles/Loads to be accompanied by pilot
escorts in an effort to protect the health, safety and welfare of the traveling public. This policy
shall apply within all unincorporated areas of Weld County as of the effective date of this Article.
This policy is enacted pursuant to C.R.S. §42-4-510 and §42-4-511(2)(a); applicants are
responsible for complying with the terms of this and other applicable local, state, and federal laws.
Sec. 8-135-20. Purpose.
The purpose of this Article is to allow for the safe movement of Extra -legal Vehicles and Loads
on county roadways and protecting the health, safety, and welfare of the traveling public,
maintaining efficient traffic flow, while preserving the integrity of county roadways and bridges.
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Sec. 8-11Z-30. Definitions.
For the purpose of this Article, the following terms, phrases, words, and their derivations shall
have either their common sense meaning, or the meanings given herein:
Applicant: An individual, firm, partnership, corporation, or association submitting an
application for a Transport Permit.
Department: Weld County Public Works under authority of the Board of County
Commissioners.
Extra -Legal Vehicle and Load: An overweight, over length, over height vehicle or load
exceeding the Legal Limits as set by Federal and State of Colorado guidelines as defined in
C.R.S. §§42-4-502 through 42-4-509.
Hours of Darkness: Sunset to Sunrise.
Hours of Daylight: Sunrise to Sunset.
Inclement Weather. Weather conditions that impede safe travel such as: high winds, fog,
snow, heavy rain, icy roads, high water, limited visibility, etc.
Legal Limits: The size, weight, and height limits for a vehicle or load as defined in C.R.S.
§§42-4-502 through 42-4-509.
Maximum Limits: The maximum size, weight, and height limits that may be allowed by a
Transport Permit for an Extra -legal Vehicle or load.
Restricted Bridge Map: A map prepared by the Department indicating Load posted bridges.
Roadway: A strip of land that is granted through easement, petition, or other mechanism and
is maintained for Public transportation purposes.
Rules: Rules and Regulations as determined by this Article in addition to the Rules and
Regulations of the Colorado Department of Transportation, 2 C.C.R. 601.4.
Transport Permit: A license granted by Public Works to move or operate Extra -legal Vehicle
or Load on a county road.
Sec. 8-125-40. General Provisions.
A. Transport Permit Necessary. A Weld County Transport Permit is required for any movement
of an Extra -legal Vehicle or Load occurring on Weld County roadways, as defined in this
Article.
B. Issuance of a Transport Permit. An Extra -legal Vehicle or Load shall not operate or move on
a county road, except by Permit as provided in this Article. The Department may, upon
application in writing, issue a Single -trip, a Special, an Oil Rig, or an Annual Transport Permit
authorizing the Applicant to operate or move an Extra -legal Vehicle or Load. All permits shall
be issued at the discretion of the Department. In the Permit, the Department may include, but
is not limited to, the following conditions:
1. Limit the number of trips and/or establish other time limitations of operation.
2. Limit or prescribe conditions of operation when necessary to protect the safety of the
travelling public, the efficient movement of traffic, or the county roads from undue damage.
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3. Require pilot escorts and/or Law Enforcement to accompany loads with dimensions
exceeding maximums.
4. Establish travel routes.
5. Excessive loads as identified by Public Works Staff will be required to submit a route
assessment including a before and after structure analysis prepared by a State of
Colorado licensed Structural Engineer. These loads may require security to cover costs
of potential repairs.
6. Required Security, in the form of a Surety Bond or Letter of Credit, or other payment as
approved by the Department for moves that may have the potential to cause damage to
roads or structures within the roads. Whether or not covered by a security, the Permit
Holder shall reimburse the County for any and all expenses incurred by the County as a
result of, or related to, failure by the Permit Holder to perform the transport in compliance
with the Weld County Code and other applicable law.
7. Travel routes may require build outs of turning radii or other road improvements necessary
to accommodate movement of the Vehicle/Load. A right-of-way permit may be applicable.
C. The Applicant shall be responsible for the safe movement of the permitted Extra -legal Vehicle
or Load and all terms and conditions of the Rules.
D. Since many of these routes are connecting from other agencies or counties, the Applicants
shall not only adhere to the guidelines stated in this Article, but all other applicable Federal
and State of Colorado rules, regulations, and laws pertaining to Transport Permits for the
movement of Extra -legal Vehicles.
E. Exceptions. For communication purposes, and when feasible, the Department requests to be
notified in advance or during a transport if any of these exceptions occur. The following are
allowable exceptions to the Rules:
1. Emergency moves, as directed by emergency personnel, of an Extra -legal Vehicle or Load
are exempt from the requirements of obtaining a Transport Permit when it is necessary to
move the Extra -legal Vehicle or Load out of danger and for the protection of the travelling
public
2. Towing carriers may transport a disabled Extra -legal Vehicle or Load from the point of
break down or crash to a place of safe keeping.
3. Any move of an Extra -legal Vehicle authorized by Local, State, Federal Law Enforcement
or Military personnel.
Sec. 8 -1:?: -5-50. Transport Permits Types.
The following Transport Permits are available as determined by the Department of Public
Works for the movement of Extra -legal Vehicles and Loads on roadways under Weld County
jurisdiction:
A. Single Trip Permit: A permit valid for a single one-way trip for Extra -legal Vehicles and Loads
that do not exceed Maximum Limits allowed by the Rules.
B. Special Permit: A permit valid for a single one-way trip issued to Extra -legal Vehicles or
Loads that exceed the Maximum Limits allowed by the Rules.
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C. Oil Rig Permit: A permit valid for Extra -legal Vehicles �nd Loads associated with an Oil Rig
Move. All loads pertaining to the specified rig and its location are covered under the issued
permit.
D. Annual Permit: A permit valid for one (1) year from the date of issuance for Vehicles or Loads
That do not exceed Maximum Limits allowed by the Rules.
E. Annual Overweight (OW) Divisible Permit: A permit valid for one year from the date of
issuance for Quad Axle and/or Tandem/Triple Axle Divisible Vehicles or Loads.
F. Fleet Permit: a permit valid for one (1) year from the date of issuance for Applicants with 10
or more Vehicles of which may not exceed Maximum Limits for Annual Permits.
Sec. 8-1ti-5-60. Transport Permits Application Inforrr,atino
A. The Maximum Limits authorized for Annual Extra -legal Vehicles or Loads are as follows:
1. Two hundred thousand (200,000) pounds Gross Vehicle Weight and must meet Federal
Bridge Formula requirements for axle loading.
2. Sixteen (16) feet in Width.
3. Sixteen (16) feet in Height.
4. One hundred twenty (120) feet in Length.
5. Twenty-five (25) foot front Overhang.
6. Thirty-five (35) foot rear Overhang.
B. The Maximum Limits that may be authorized for an Extra -legal Vehicle or Load operating
under the Annual Overweight (OW) Divisible Permit are as follows:
1. One hundred ten thousand (110,000) pounds subject to fridge limitation map. Vehicle
must be configured with a Quad Axle grouping.
2. Ninety-seven thousand (97,000) pounds subject to fridge limitation map. Vehicle must
be configured with a Tandem/Triple Axle grouping on trailer.
3. Height, Width, and Length shall not exceed Legal limits and maximums.
C. Hours of Darkness. An Extra -legal Vehicle or Load more than fourteen (14) feet in Width is
prohibited from travelling from Sunset to Sunrise unless authorized as a Provision on the
Transport Permit.
D. Holidays. Refer to Colorado Department of Transportation Rules and Regulations Chapter 4
(404.3).
E. Convoying. Convoying is not permissible on Weld County roadways unless specified as a
special condition on the permit. A minimum distance of one-half mile shall be maintained at
all times.
F. Staging. Vehicle staging/parking on Weld County roadways is not permitted, except at
designated pull off areas. Staging on the Weld County Highway is not permitted without
permission from the Department.
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Sec. 8-1M-70. Transport Permit Application Process.
A. Applicant must apply to the Department of Public Works to obtain a Transport Permit.
B. Submittal Requirements. Applicant must submit a complete application form, required
submittals, and fee to the Department for review. Required submittals may include, but are
not limited to:
1. Route survey.
2 Pilot escort information.
3 Traffic control plan.
4. Professional Engineer's analysis report for structures.
5. Copies of Permits or Permissions from related agencies or municipalities included within
the submitted route.
6. Public notification.
7. Public Utility clearance letter.
8. Certificate of Authentication (for Mobile Homes only).
9. Right -of -Way Use Permit.
10. Transport Fee.
C. Review Process. The application and submittals filed by the applicant for a Transport 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 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.
D. Permit Issuance. If the Department finds all requirements and regulations set forth in this
Article have been satisfied, and all fees have been secured, a Transport Permit will be issued.
E. Changes to an Approved Permit. An approved Transport Permit shall not be changed,
modified, or altered without written consent from the Department of Public Works.
F. Permit Expiration.
1. Single -trip Permits and Special Transport Permits expire within three (3) days from the
approved move date. If a longer time period than three (3) days is granted, the Permit will
expire accordingly based on the move date.
2. Oil Rig Permits expire ten (10) days from the date of issuance.
3. Annual Permits expire one (1) year from date of issuance.
G. Permit extension. An applicant may request an extension of time for a Single -trip, Special
Transport, or Oil Rig Permit if the move is unable to begin due to good cause. There shall be
an extension fee assessed to cover administrative costs.
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Sec. 8=1 ®. Appiflcant's generall responsibilities.
A. Applicant is responsible for all compliance with Rules as set in this Article, Permit, and Permit
Provisions.
B. Applicant is responsible for maintaining compliance with all Federal and State Highway
Commercial Vehicle rules.
C. Applicant is respnsible for obtaining all necessary Permits and Permissions from all
Authorities, property owners, other jurisdictions, or other affected parties located within the
intended haul route boundaries.
0. Applicant shall have an original, copy, or verifiable electronic copy of the Transport Permit
available when operating on Weld County roadways.
F. Indemnification. The Permit Holder, its agents, employees, subcontractors, contractors and
assigns hereby agrees to hold Weld County, Colorado, the agencies thereof and their officers
and employees harmless from any and all loss,nd damage or any claims which may arise
out of, or be connected with, the Special Transport Permit, excluding any such loss and
damage or any claims (including consequential damages) which may be caused solely by the
negligence of the County, the agencies thereof or its officers and employees.
F. Insurance. The Permit Holder shall secure and maintain insurance policies that will protect
them, their subcontractors and the County from claims for bodily injury, death r property
damage which may arise from the transport conducted pursuant to this permit. Weld County
must be named s an "Additional Named Insured" upon said insurance policies.
G. Utility Locates. The Permit Holder shall be responsible for utility locates at least forty-eight
(48) hours in advance of the transport, for utilities that may be affected during transport. The
Permit H•:Idkr is responsible for any damages t`• existing utilities or structures.
Sec. 8-1 5--{' Q90O County Authoroty.
A Special Transport Permit is considered to b: a license for use of the County roadays.
The Department shall hive the authority to suspend and/or terminate the move, wholly or in part,
because of the failure of the Permit older to properly execute the move in accordance with this
Article. Weld County, notwithstanding the issuance of any Permit in the County roadways,
reserves the right to make any changes, additions, or required rerouting of any special transport
vehicles on county roadways at any time, without compensating the owner.
Sec. 8-1r 1=1O. Transport Permit Fee.
All required fees shall be paid, in full, at the time of the Permit application submission unless
other arrangements are made. The fee for Transport Permits shall be determined by resolution
or ordinance of the Board of County Commissioners and shall be shown on the Transport Permit
pplications.
Sec. 8-135-1210. Appeal •-f DeniaD of a Transport Permit.
If an application for a Transport Permit is denied or revoked by the Department, or if 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 the Weld County Code.
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Sec. -135-1320. Permit Suspension or Revocation.
The Department may deny, revoke, or suspend the Transport Permit in order to protect the
public health, safety, welfare, and ensure the safe function of county roadways and bridges.
Weld County reserves its right to revoke any Transport Permit without a refund of fees whenever
a Permit is issued in error on the basis of incorrect information supplied by the applicant, or
whenever the Applicant is in violation of any rules or provisions of this Article.
Of the Department determines the Applicant has committed a suostantial breech of a term or
condition of any statute, ordinance, rule, regulation, or any condition of the eermit, the Department
shall notify the Applicant of their suspension or revocation by either a phone call or in writing.
Within twenty-four (24) hours of receiving the notification of the suspension, the Applicant
shall contact the Department of Public Works with a plan of correction which must be accepted
by the Department. Failure by the Applicant to contact the Department to remedy violations shall
result in immediate revocation of the Permit and termination of the move. If a Permit is revoked,
the Applicant will be required to re -apply and will be charged for any applicable fees.
Sec. 8-135-1430. Enforcement.
A. Violations and penalties. The County, through the Department of Public Works or other
Departments so authorized, may enforce this Article through methods available in the law,
included in this Article, or through other methods adopted by the Board of County
Commissioners.
B. Criminal penalties.
1. Whenever the Department, through one (1) of its employees, has personal knowledge of
any violation of this Article, it shall give written notice to the violator to correct such violation
within seven (7) days after the date of such notice. Should the violator fail to correct the
violation, the Department may request that the Sheriff'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 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 and one (1)
copy shall be transmitted to the Clerk of the Court. The County may remove any
obstruction or work not conforming to this Article during the pendency of the enforcement
action
2 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.
3. Any arresting law enforcement officer shall follow the penalty assessment procedure
provided in C.R.S. §16-2-201, for any violation of this Article.
C. Equitable relief in civil action. In the case of any violation of this Article, the County Attorney,
in addition to the other remedies provided by law, ordinance, or resolution, may institute an
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injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin,
abate, or remove such violation.
D. 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, may be subject to the imposition, by order of the 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, the remedies set forth above, or both. Each
day after the issuance of the order of the 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 real property.
CHAPTER 12
LICENSES AND PERMITS
ARTICLE V - ` epeal d and Reserved.
Delete Appendix 12-A.
CHAPTER 23
ZONING
RTICLE XII - Repealed and Reserved.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2019-12 was, on motion duly made and
seconded, adopted by the following vote on the 22nd day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Steve Moreno
Date of signature:
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Publication: June 5, 2019
June 7, 2019
First Reading: June 12, 2019
Publication: June 19, 2019, in the Greeley Tribune
Second Reading: July 1, 2019
Publication: July 10, 2019, in the Greeley Tribune
Final Reading: July 22, 2019
Publication: July 31, 2019, in the Greeley Tribune
Effective: August 5, 2019
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