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HomeMy WebLinkAbout20192182.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-12 was introduced on first reading on June 12, 2019, and a public hearing and second reading was held on July 1, 2019. A public hearing and final reading was completed on July 22, 2019, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-12 ORDINANCE TITLE: 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 EFFECTIVE DATE: August 5, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 26, 2019 PUBLISHED: July 31, 2019, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE 2019-12 ON FINAL READING: Amend Sec. 8-11-20. Definitions, to read as follows: For the purpose of this article, the following terms, phrases, and words and their derivations shall have the meanings given herein: Retention pond/Stormwater 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. Remainder of Section — No change. Amend Sec. 8-11-50. Rainfall, to read as follows: 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. Amend Sec. 8-11-100. Storage, to read as follows: A. Detention Criteria. 1. thru 5. — No change. 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. — No change. 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. B. Retention Criteria. 1. thru 3. — No change. 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. Correct ARTICLE numbering from XIII to XV and all Section headings accordingly. Affidavit of Publication NOTICE OF FINAL READING • OF ORDINANCE Pursuantfo the Weld County Home Rule Charter, Ordinance Number 2019-12 was introduced on first reading on June 12, 2019, and a public hearing and second reading was held on July 1, 2019. A public hearing and final reading was completed on Ju- 1y 22 2019, with changes being madeas'listed below, and on motion duly made and seconded; was adopted. Effective date ' of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of. County Com- missioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration'Butlding, 1150 O Street; Greeley, Colorado, between the hours of 8:00 a.m. and 5:00, p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.con,)..E-mail messages sent to an individualCommissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-12 ORDINANCE TITLE: 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 EFFECTIVE DATE: August 5, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 26, 2019 . PUBLISHED: July 31, 2019, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE 2019-12 ON FINAL READING: Amend Sec. 8-11-20. Definitions, to read as follows:. For the purpose of this article, the following terms, phrases, and words and their derivations shall have the meanings given here- in: Retention pond/Stormwater Infiltration facility: A flood control fea- ture designed to temporarily store runoff and reduce peak flows. Retention ponds return water to the watershed.through infiltration into the ground. Remainder of Section — No change. Amend Sec. 8-11-50. Rainfall, to read as follows: 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 (NOAH) unless other- wise approved by Public Works. The use of synthetic rainfall dis- tribution data is not permitted. Amend Sec. 8-11-100. Storage, to read as follows: A. Detention Criteria. 1. ihru 5. — No change. 6, Each detention pond shall contain an emergency spillway ca- pable of conveying the peak 100 -year storm discharge draining ..intothe 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 shell be 6 in • - ches or less. The spillway must have effective erosion protec- tion, in order to protect the emergency spillway from.catastroph- iderosion'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. —NO change. 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 calcu late the required volume of a detention pond. B. Retention Criteria. 1. thru 3. - No change. 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 willmot be accepted, ' Correct ARTICLE numbering from XIII to XV and alt Section headings accordingly. The Tribune July 31, 2019 STATE OF COLORADO County of Weld, I Jennifer Usher ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Thirty -First day of July A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Thirty -First day of July A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 31, 2019 Total Charges: $26.32 31st day of July 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-12 was introduced on first reading on June 12, 2019, and a public hearing and second reading was held on July 1, 2019, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 22, 2019. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-12 ORDINANCE TITLE: 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 DATE OF NEXT READING: July 22, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 2, 2019 PUBLISHED: July 10, 2019, in the Greeley Tribune Affidavit of Publication NOTICE Pursuant Reld uEADInty INORDINANCE inance Number 2010-12 e was introduced on first readiRuleChang: on June 12, 2019 and a public hearing and second reading was held on July1 nance A public 19, With hearing andthird reading is schedt uled ed tobe held in the Chambers of the Board, located within the, Weld County -: Administration Building, 1150.O Street, Greeley, Coloradb 80631, on July 22 2019. All persons in any manner interested in the next reading of said Ordinance are requested to attend'and '• may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,. prior to the day of the hearing if, as a result of a disability, you require reasonable . accommodations in order to -.participate vi this hearing Any backup material, exhibits or information previously submitted to the Board of County ;Commissioners concerning this matter may be examined in the Office of the Clerk to the Board of County Commissioners; located within the Weld County Administration Building 115OO Street, Greeley. Colorado, between the hours of 8:00 ant arid 5:00 p.m., Monday ihru Friday or may be ac- cessed through the Weld County Web Page (www:wetdgov com: E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- -malt correspondence into the case file, please send a copy to egesick@weldgov.cont. • - ORDINANCE NO — 2019.12 • ORDINANCE TITLE: 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 • DATEQFNEXTREADING:' July 22;2019, at 9:00 a.m. -BOARD OF COUNTY COMMISSIONERS WELD CO(JNTY,CQLORADO DATED: July 2, 2019 The Tribune July 10, 2019' STATE OF COLORADO County of Weld, 1 Vickie Garretts SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was Tenth day of July A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Tenth day of July A.D. 2019 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 10, 2019 Total Charges: $12.31 10th day of July 2019 My Commission Expires 02/19/2023 JERILYN L MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074006708 MY COMMISSION EXPIRES FEBRUARY 19, 2023 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-12 published below, was introduced and, on motion duly made and seconded, approved upon first reading on June 12, 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 1, 2019. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-12 ORDINANCE TITLE: 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 DATE OF NEXT READING: July 1, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2019 PUBLISHED: June 19, 2019, in the Greeley Tribune ******* WELD COUNTY CODE ORDINANCE 2019-12 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 12 LICENCES 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 X0/9- 02/�� 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. 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 % mile from municipal boundaries, as amended. Retention pond/Retention 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. 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. 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. 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 hydrographs 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. 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 All streets with a roadside ditch or swale Grated inlet Type 13 !Alley or private drives with a valley gutter Combination inlet Type 13 !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 ;192 95 66 150 150 165 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. 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 120 inches or larger Maximum HW/D 2.0 1.7 1.5 1.2 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 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 less than 6 inches. The spillway must have effective erosion protection. In order to protect the emergency spillway from catastrophic erosion failure, buried riprap shall be placed from the emergency spillway downhill to the embankment toe of slope and covered with 6 inches of topsoil. 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 state law. 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 equations are not to be used to calculate the required volume of a detention pond. 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 law. 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. 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 XI. 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 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 XIII - Transport Permits Sec. 8-13-10. 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. 8-13-20. 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. Sec. 8-13-30. 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. 8-13-40. 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. 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. 8-13-50. 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. 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. 8-13-60. 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. Sec. 8-13-70. 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. Sec. 8-13-90. 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. 8-13-100. 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. 8-13-110. 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. 8-13-120. 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. Sec. 8-13-130. 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. 8-13-140. 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 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 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. Affidavit of Publication STATE OF COLORADO County of Weld, l Jennifer Usher SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Qreeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Nineteenth day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Nineteenth day of June A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 19, 2019 Total Charges: $350.37 19th day of June 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 B10 TRIBUNE Wednesday, June 19, 201 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-12 published below, was Introduced and, en motion duly made and seconded, approved upon first reading on June 12, 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 1, 2019. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office et phone (970) 400-4225, or fax (970) 836-7233, prior to the day of the hearing If, as the result of e disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhib- its or information previously submitted to the Board of County Commissioners concerning this matter maybe examined in the office of the Clerk to the Board of County Commas criers, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8,00 a.m. and 5:00 pm., Monday thin Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure 'elusion of your a -mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-12 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 12 LICENSES AND PERMITS, AND CHAPTER 23 ZONING, OP THE WELD COUNTY CODE DATE OF NEXT READING: July 1, 2019, at 9:00 am, • BOARD OF COUNTY COMMISSIONERS° WELD COUNTY, COLORADO DATED: June 14, 2019 WELD COUNTY CODE ORDINANCE 2019-12 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 12 LICENCES 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 td 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, add 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 protest 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. D. Application of these policies is supported by technical drainage criteria and data. When designed and implemented in a compre- hensive manner, drainage facilities can be prodded in a mannerthat 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 Beat Management Prevh'cesIEMPs): 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 nonpointsources. 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) in40 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/Retention 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 it mile from municipal bounI:We, 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," (UDPCD 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 facilitiesforetormwe- ter 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 UDPCD Manual in ways specific to Weld County. In the case of a conflict between the UDPCD Manual and the supplemental criteria and procedures in this article, such supplemental criteria and procedures shall take precedence over the UDPCD Manual. Sec. 8-11-40., Drainage policy. A. Weld County pursues ajurisdictienally unified drainage effort to assure en 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 inter- im 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 theundeveloped 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 historo 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 td 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 confine if the development quartet 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. 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 cr 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. - purposes, 5. Pipelines or transmission lines, excluding laydown yards, metering sites, substations, and any other above ground appurtenant- Rules: Rules and Regulations as determined by this Article inaddition to the Rules and Regulations of the Colorado Department of es. • Transportation, 2 C;C.R. 601.4. 6. Gravel pits if thestormweter drains into the gravel pit. Releases from the site shall comply with the Weld County Storm Drainage Transport Permit: A license granted by Public Works to move or. operate Extra -legal Vehicle. or Load on a county mad. Criteria, including dewatering. Topographical information shall be provided. Sec. 8-13-40. General Provisions. 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 cis for the 1 -hour, 100 year storm event. Thls exception shall be supported by calculations signed and stamped by a Colorado I irsnssd Prnfasslnnnl. Pnnnaar -. - In order to protect the emergency spillway from catastrophic erosion failure, buried riprap shall be placed from the emergency spillway downhill to the embankment toe of slope and covered with 8 inches of topsoil. The riprap must be sized at the time of final engineering design. Grouting of the riprap may be required. 7. In orderto prevent damage to publicly -owned infrastructure (roads, roadside ditches), a concrete cutoff wall 8 inches thick, 3 fee. 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 state law. A detention pone that can cause injury to weter.rights or is in violation of State or Federal law will not be accepted. 9. Simplified equations are not to be used to calculate the required volume of a detention pond. 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, t00-.yeerstorm, plu 1 foot of freeboard, , 3, The design of the retention facility must include an emergency spillway and must show that a spill wllfnot 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 law. A retention pond that can cause injury to water rights or is in violation of state dr 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 maybe necessary to install straw bales, riprap, erosion control loge, 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 UDPCD Manual (Volume 3) should be used. Sec. 8-11-110. Revegetation. A. Weld County utilizes the information provided in the Revogetation:Chapter of the UDFCD Manual (Volume 2), and the Best Man- agement Practices Chapter of the UDFCD Manual (Volume 3). Weld County has highly recommended seed mixes that are epplicabl to areas of the County. These seed mixes can be found under the Weld County Public Works Website, Weed ManagemenlSection. If noxious weeds, an defined by the State of Colorado, exist onsite, the appropriate steps shall be taken before, during, andafter 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 far a water quality feature design can be found in the UDFCD Manual, Volume 3, Best Management Praotices. C.'For regulations pertaining to MS4 areas, refer to Chapter 8, Article IX of this code. . 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 culvert: am responsible for their maintenance. Culverts that are part of a subdivision drainage plan are maintained by the respective home- owner's association. Those culverts should be maintained and cleaned outannually, 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 stonmvater facilities and associated infrastruc- ture shall be developed and included with the final drainage report. The operations manuals will include instructions on safe and con'ecfaperations, 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 -farm 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-f50. Enforcement. " The County, through its Department of Public Works or other departments so authorized, may enforce this Article XI through meth- ods 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 ₹o 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 appropria₹eaction or proceeding to prevent, enjoin, abate or remove such violation. lb: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 XI, In any case in which the improvements required by tMs 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 Penances. 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 detrimental la the public health, safety, and'general welfare or when the relief is contrary to the purpose and inter 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 apart 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 wilt still adequately protect public health, safety, and general welfare. E. Demonstrate there are no adverse impacts, from stonnwater runoff, to the public rights of way and/or off-sitepmperties as a result of the project. An applicant may appeal the denial aria 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 XIII - Transport Permits Sec. 8-13-10. 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)(0); applicants em responsible for complying with the terms of this and other applicable local, state, and federal laws. Sec. 8-13-20. 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 road- ways and bridges. Sec,8-13-30, Definitions. of h For the purposois Article, the following terms, phrases, words, and their derivations shall have either their common sense meaning, or the meanings given heein: -. Applicant: An individual, firm, partnership, corporation, or association submitting en 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 r and State of Colorado guidelines as defined in G.R.S. §§42-4-502 through 42-4-509. - Hours of Darkness: Sunset to Sunrise. Houm 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 rimfts fora 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 maybe 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 A. Transport Permit Necessary. AWeld County Transport Permit is required far 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 appiicatlon 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 operates when necessary to protect the safety of the travelling public„the efficient movement of traffic, or the county roads from undue damagg, 3. Require pilot escorts and/or Law Enforcement to accompany loadswith dimensions exceeding maximums. 4. Establish travel routes. if. An individual parcel with an unobstructed flow path end no other parcel(s) between the Federal Emergency Managementhdm n istratlon (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 far a new 2,000 sq. ft. building or equivalent imperviousness. 13.A parcel greater than 5 gross acres in sizes allowed a onetime exception for a new 4,500 sq. ft. building or equivalent impervi- ousness. 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 COPS permit, shall comply whh 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 (NOAH) unless otherwise approved by Public Works. The use of synthetic hydrographs 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. to 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 Colo- rado 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 aro larger than 160 acres. B. The CUHP model is not applicable in non -urban areas, including these 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 givenflood return period. When stormwater collects on a street and flows down a gutter or swore, the storm - water 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. B. Inlets. - 1. The designguidelines 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 Countystreets/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 inletTvpe 13 2. In orderto account for factors, which decrease the capacity of the inlets —such as debris plugging, pavement overlaying, and variations irrdesign assumptions —the theoretical capacity calculated for inlets is to be reduced by the factors presented In the following table,forstandard inlets in Weld County. Condition Capacity Allowed Sump or continuous grade All street types with 6 -inch vertical curb.. All streets with a roadside ditch or swele Alley or private drives with a valley gutter All street types with 6 -inch vertical curb Continuous grade Sump Inlet Type CDOT Type. R 5 ft length 10 ft length 15 ft length Combination Type 13 Grated Type C Grated Type 12 Combination Type 13 Percent of Theoretical 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 stonnwater pipes. .. 2, The applicant shall contact the Department of Public Works to determine which types of storm sewer pipes are permissible for use in public rightsof-way or public drainage easements, - Sec. 8-11-60. 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 cis may reduce the minimum 1.0 -toot freeboard requirement to the freeboard required to convey 9.33 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 Worksto: determine which types of storm sewer pipes are permissible for use in public rights of waygr 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 84inches to less than 120 inches. 120 Inches or larger 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 the are subject to weed burning. Sec. 8-11-100, Storage. A, Detention Criteria. 1 Detention ponds shall be sized to store the stormwater mnoff generated by 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-yearr storm falling on the undeveloped site for urban- izing 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 asan undeveloped site with a 2.0% imperviousness. 2. The detention pond must include volume for the water quality capture volume. Water quality capture volume maybe 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 ban be routed as follows: a. Over the spillway; or b. Routed around the site. 4. The elevation of the fop pf 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. Theinvertof the emergency spillway must be equal to, Sr above, the 100 -year watersurtace elevation. The depth of flow out of the emergency spillway shall be less than 6 inches, Thespilhiray must have of eetive erosion protection. • Maximum HW/D 2.0 1.7 1.5 1.2 1.0 and employees. ,; . v+ F Insurance, The Permit Ho)deAshahseccre and maintain insurance policies that will protect them, their subcontractors and the • County from claims for bodilyan'j0ry, death or property damage which may arise from the transport conducted pursuant to this permit. Weld County must be named as an "Addit octal. 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, 8-13-100. County Authority.. A Special Transport Permit is considered to he 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 r+? in accordance with this Article. Weld County, notwithstanding the issuance ofany Permit in the County roadways, reserves the right to make any changes, addftions, or required rerouting of any special transport vehicles on county roadways at any time, without compensating the owner. • i Sec. 8-13-110. Transport Permit Fee. All required fees straitbe 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. 8-13-120. Appeat of Denialof 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. 3cIr Sec. 8-13.130. 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 budges. Weld County reserves itsrightto 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 whenederthe 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 tens 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 -tour (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 anyapplicable fees. Sec. 8.13.140. Enforcement. et ueture analyst p -ILared by aStte or Go)o acrd licensed Strdcturel Engineer, These leads may require security to cover coots of potential repairs. 6. Required Security, in the form of a Surety Bond or Letter of Credit, or other payment as approved bythe Department for moves that may have the potential to cause damage to roads or structures within the roads. Whether or not covered bye 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 condi- tions 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 taws 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 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 far 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. 8-13-50. 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 permitvalid fora 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 fora single one-way trip issued to Extra -legal Vehicles or Loads that exceed the Maximum Limits allowed by the Rules. 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.. 0. Annual Pemtit: 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 Tandern/ Triple Axle Divisible Vehicles or Loads. F. Fleet Permit: 5 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. 8.13.60. 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 loadlo 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 (85) foot rear mayOverhang. B. The Maximum Limits that maybe authorized loran 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 Pale grouping, 2. Ninety-seven thousand (97,000) pounds subject to Bridge limitation map. Vehicle must be configured with a TanderrvTriple Axle grouping on trailer. 3. Freight, Width, and Length shall not exceed Legal limos 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. Sec. 8-13-70. Transport Permit Application Process. A. Applicant must applyto the Department of Public Works.to obtain a Transport Permit. B. Submittal Requirements. Applicant must submit•acomp'leteapplication'fonn,required submittals, and fee to the Department far 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. S. Certificate of Authentication (for Mobile Homes only). 9. Right -of -Way Use Permit. 10. Transport Pee. 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 enapplication is determined to be incomplete, the Department al 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 resubreittal. 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 con- sent 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. 011 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 bean extension fee assessed to cover administrative costs. Sec. 8-13-90, 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 roles. C. Applicant is responsible for obtaining all necessary Permits and Permissions from all Authorities, property owners, otherjurisdic- tions, or other affected parties located within the intended haul route boundaries, D. Applicant shall have an original; copy, or verifiableelectronic copy of the Transport Permit available when operating on Weld County roadways. E. Indemniflcatlon. 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 maybe caused solely by the negilgenee`of the County, the agencies thereof or its officers 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 Depadrnent and one (1) copy shall be trans- mitted to the Clerk of the Court. The County may rerrioveany obstruct on or work net 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 Commis- sioners deems it appropriate, the. Board of County Commissioners may appoint the District Attorney to perform such enforcement dunes 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 viola- tion 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 pro- vided 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. 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 violaton 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 bythe Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is 6103'64 aunr . aunqul aui rp11 v r Ab euo }n}gsuoosin eq o} peeloep eq 5110 w seselyd ao 'sasnelo "seoua}ues `suol 0as crow Jo euo due ley;yoe} sy} {o 00110edseeJrleosuagt rqd sTauo ss lu'e oagueno0deubniad 'syde46ere11511 a; Gave } a e us ene4 PInoO}. l 43 suooun eq o} pep!oap J0 pieq uoseel due ro{ noesgns' uolloas Kiese pue'youe u! al n yip age}loo asset aveq ap yon ; euo;n;g A {l'p.m40 .41 A4epNIVOH0 U3Hleel dun J t ouio.' o} Menu pawe}uco sluawpuauie ayl yl!M apo0 AlunoO plats ayj luawatddns pue 9eww5J6 ' nip.Ile}Idea 'elsre6as sa!a}s!suos o Aue anll pe of pue'ap w p 45110 ayl (Co 03NIyOti083N1N0d 1138 use s surun14104 e0U Ii 0 pa orse p- - q Pegg eql 0;51010 ay} e o}opoo!unW ao{a6usAs o7Aala riP `s!A4eley Puri 'e aql ;oaraq suot}Jod 6mutewa aq}lo ;Ip! I a0uew JO sty};o aselyd 4o'esneip'a051.yes `4oPo cr. P ryoasgns'uo00as sixo Auueuno deli} se suoi1oesgns pue p w sucl}sasgns pue'suog0as `suots!n!P'sapt}ie 'sraldey0 {o luaweaeld 411 uuaq uinu Sr, 2 Hay Whls; Silvrjet Weed Brnr;'Freemn Beet 16', on trlr; 2 FH Pwr Bxs, on trlr; DuAl Ldr; Grahm ehme, 8': Land Blade, dbl seats; 6 Channls,14', 8'; iugrs, 6", gas eng; Liback Wtr Cleanr; Scrap iron rESTOCK EQUIPMENT: Corral Poles, 12'; Blow Hard nk Cleanr, pto; RR Ties SCELLANEOUS: Semi Dolly; Jayco Pop-up Campr; Air Cooled Eng; 4 Greasrs; Rear Hoist; Imp Tires; 4 es & Whls, 16.9x38; Air Vent; Mistr Foggr, 3 pt, pta; Prop Tasks, 500 G & 100 0; 4 Hydr Cyl; Playgrnd yip ITC: Marty's have a lot of extra equipment that they ed to clean up. Some pieces are reminiscent of ys gone by. This will be a short auction, so be on no. Questions can be directed. to Bill at 303-570- ;84. Lunch will be available. Plan to attend? iRMS: Payment required auction date with cash or 1od check. NO PLASTIC! Announcements auction ite take precedence over written materials. 970-356-3943 K-WauctionS.CO01 blot Court, Weld County, CO Litt Address: 901 9th Avenue, Greeley, CO 80631 the Interest of: William Sanchez, Matthew Ortiz, and ry Sanchez Case Number: 19PR139,'19PR140, 19PR141 Division: 1 NOTICE OF HEARING BY PUBLICATION PURSUANT TO §15.10-401, C.R.S. : All Interested Persons; Megan Clemets Sanchez, Antonio nchez, Bo Ortiz st Known Address, if any: (Unknown) A hearing on Petition for pointment of Minor Guardianship (title of pleading): for (brief scription of relief requested) will be held at the following time d location on at a later date to which the hearing may be con- ued: de: Thursday, July 25, 2019 Time: 3:00 PM Division: 1 'dress: 901 9th Ave. Greeley, CD 80631 e hearing will take approximately 30 minutes. /s/ Billis Foofner Type or Print of Person Giving Notice. 45755th Ave Ct 'e Tribune Greeley, CO 80634 ne 19, 26, July 3,2019 Place your ad today and get your stuff sold tomorrow'.._ Don't Throw That Stuff Away. Advertise Todavl--- 1Contaning: 286.40 more or Tess each Interested person: Name Addressor date of death Age, only if Minor Relationship (e.g. spouse, partner in a civd'union, child, brother, guardian for spouse, etc.) Merlyn Charles Faris Deceased, -8/6/01 - Son Milan Elwood Faris Deceased,.10/12/80 Son Jack Faris. Deceased, July 1987 Son Sherry) E. Faris 2238. Peru Road, Peru. IA 50222 Dau lifer -In -Law (Merlyn). g Naomi Esther Fans Deceased 9/6/2011 Daughter -In -Law (Milan) Richard L. Faris e/Wa Richard Leigh Faris 4641 Linne.Read, Sequin, TX78155 Grandson (Milan) Wesley J. Faris 112q Marcy Street, Ottama, IL 61350. (Jack) Grandson Jack Betty Faris Mauck 314 N. Missouri. Street, Atwood, IL 6191.3. Granddaughter (Jack) Principle' Energy, LLC (Petitioner) PO Box 2228, Houston, TX 77252 Grantee of mineral deed (Richard L. Faris) 4. The Petitioner seeks a determination of its mineral interests as a purchaser from Richard Leigh Faris a/k/a Richard L. Faris by Mineral Deed. A the time of his death, Decedent owned a mineral inteees₹ in and to the mineral estate . of the subject property. Decedent's mineral interest passed to his three (3) children, with each receiving a one-third (33.33%x) share. Decedent's three (3) children, Merlyn Charles Faris, Milan Elwood Faris, and Jack;Faris are all deceased. Merlyn Faris's interest passed to his surviving spouse, Sherry) E. Faris. Milan Faris's interest passed to his surviving. spouse, Naomi Faris, who 'quitote cad:her interest to Richard L. Faris. Jack Faris's. interest passed to his children, Wesley J. Faris and Betty Faris'Mauck: The purported current mineral interests are: Name Purported Percentage Interest. Sherryl E. Faris ' 33.3333 Naomi Esther Fans 0 Richard L. Faris a/k/a Richard Leigh Fans. 0 (sold to Petitioned Wesley J. Feria 16.6667 Betty. Fans Mauck 16.6667 Principle Energy, LLC 33.3333 TOTAL - - 100 6. Them may be personsinterested In the Subject Real Property whose names cannot be Includ- ed herein because said names are unknown to the Petitioners, a though diligent efforts have been made to ascertain the names of the said persons; such persons have been made Respondents and designated as "all unknown persons who claim any interest In the subject matter of this action". So far as the Petitioners' knowledge extends, the interests of the unknown parties are derived. through one or more of the named Respondents. This Notice is being served upon you by personal service or by mailing, postage pre -paid, and is directed to the interested persons and owners by inheritance as set forth in the Pe- tition. All interested persons and owners by inheritance are directed to appear and answer the Petition within twenty-one (21) days after se vies of this Notice upon you, if personal service occurs within the State of Colorado, or thirty-five (35) days after service, if personal service occurs outside the.State of Colorado, or if service is made by mail or by publication. All Objections to the Petition must be filed in writing with the Court and the filing fee paid within the time required for answering' the Petition. Objections shall be heard at a hearing and shall be limited to the Objections timely filed and to the parties answering the Petition in a timely manner. This matter has . been set for a Non -Appearance Hearing pursuant to Probate Court Rule 8.8 for. August 15; 2019 at 8:00 am. If an interested person, or owner by inheritance timely files an.Objecfion, the objecting party shall, within fourteen (14) days after filing the Objection, set the Objection for an Appearance Hearing.. Failure to timely sat the Objection for an Appearance Hearing shall result in the dismissal of the Objection with prejudice without further hearing. • Dated this 6th day of June, 2019. ?HE WILSON LAW FIRM, PC. /s/ Zachary G. Wilson Zachary G. Wilson #12608 Attorney for Petitions Petitioner The Tribune June 12_tq..o� ONINOZ 6Z luald'000 x!Puaddtl axala0 111 P 'carcase,' puepaleadaa - IIX 9-,I`.JliUtl Si1WHgd OHM SaSN3011 Z483-dtlHo d}aedoaii 1.1 }sulebe Lieu s e}n}llsuoo'uogoasgnSsuad s ate aind Pea 40{ (00-0g$) sre110P Alit; n 01.10uonelo ho Olsdas a e?w000 0011000:- uos -:. pasodwt'sal3leuad -into Heys luena ou u1 XeP 4 q e it _, _ -panrasai pun pe'eadeu - A alotily and spacing unit, for me' perow oescnoeo lancet PVe la, S . Lands"), for the development and operation of the Niobrara, Fort Hays; Codell, and Carllle Formations; and 2) sublect any non consenting interests to the cost recovery provisions of 834- 60-116(71, C.R.5., effective as of the earlier of the date of the Application, or the date that any of the costs specified in §34-60' East 1)01)5 12CH Well (API No, 05-123red for -49746) he drilling Wellof hl: Sawatch Township 11 North, nov00 e6 West, 6th P.M. Section 10: All '. Section 15: All The Commission scheduled this matter for hearing on: Date: September 25.26, 2019 Time: 9:90 am - Place: Colorado Oil & Gas Conservation Commission The Chancery Building 1120 Lincoln Street, Suite 801 Deaner, Colorado 80203 - To oppose the Application, you must file with the Commission Secretary a protest pursuant to Commission Rule 509. You must file your protest on or before August 26, 2019. Please see Com- mission Rule 509 at: http://coocc.state.co,us under "Regulation," then select "Rules." Please note that, under Com- mission Rule 506.0., the deadline for protests and interventions will . not be continued even if the hearing is continued beyond the date that is stated above, Protests and interventions must be sent to the Applicant at the below address, and must be sent to the Commission via email to: dnr hearinoappllcations@stete.00. us. Under Commission Rule 511, if no protest or intervention is filed, the Application may be approved an part of the Commissio- n's Consent Agenda. If you file a protest, you must be able to participate in a preieanng conference during the week of Au- gust 26,2019,1a prehearing conference is requested by the Applicant, or any. person who has filed a protest or in- tervention. If you fail to file a timely protest, the, Commission may enter an . order affecting your interests in the Application Lands without fur- ther notice. This matter may be continued to a future Commis., sion hearing date, but that does not change your protest dead- line. A copy of the Application may be obtained from the Commission Secretary or Applicant's attorney. OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By Dated: June ,.2015 Attorneys for Applicant:. Jillian FUlche1 James Parrot Jobediah Rittenhouse Beatty & Wozniak, P.C.. 216 16th Street, Suite 1100 Denver, Colorado 80202 jfulcher@bwenergylaw.com jparrot@bwenergylaw.com jrittenh0use@bwenergylaw.com The Tribune June 12, 19, 26, July 3, 7, 2019 _. _ list's }u!eldwoo pus suoteWns ayl u010100A ay; al Otago cps {o aollou onto o; A}!Jemo&led luolotnns a}Im . uogeloFA olio {o ammo ay; 9,3100 6u1leis 101001Uomotn ay} by luteenpLI ons {o el p au .104E sAeip N) 0 ueves u 4 M uol}elo 0,41,1041$00bOA }ae too 00 emora e145 o}eeoyou aaylunn o}011014 e1444s lq S ; q euos.ied Soy 'seedoldwa 52 lo (t) auo "poop rtuawped00 aylaenauerm' L. ant611sys 8'ala!eysiy}{o uolbsjotn hue {oa6pe10ouH I -sal}leued Ieu!wuO'5 'slevolsslwwoo Alunoeo a dq pe;dope Spoglaw lay }o ySnoJyl Jo 'al0!Ay_sty} u! papnlaul '001 eq; tp elgellette spoy}ew y6noJy1 x101115 sly} warm&d p1 8 u3 uno0 eyl'sa1}teued pus suogelolA'H aglo{ua Aew'pazuoyone oss}uawpsda0 legion s>IroM opgnd }o }uawlreda0 ayl y6noay;'A} bpawoaroing •014. cL-8 'nes sea{ eigeo➢dde due;ofpea is a pawwl p! 0d11ddl -ai stp naloin eq 111w 'avow egllo uolleulwe}.pue }luuad ay;{o yoga ; . pawea }ue0sddy bam edeD 014A4 s! }!wads {IA an ie •luewiledeD ay} Act pet0000e es lsnw yoly1 uog000l00 to 0010 5 14;10 sbJoW of iignd 0de0 ay} pup=c011 o; 5000 q asu q I. d o 0011..9 1 mo uannl uryyfyl otlgnd { 1 e >1 e '601110 ui 10 ilea auoyd o u w edaC ay1}0e3uo0 0 ys lueopddy. ay;'uotsuadsns ey}l 5.}110 eyl6u!nteOaJ {o smog (bZ) l- e w nopddV. ayl Algou. toys luelulrede0 ay} 'llw1ed ay} to uotlipuoo All? 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Larsen, Secretary Jz--�'�r crnr NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the time specified below. The complete case file may be examined by calling the Department of Planning Services at (970) 400-6100 to make arrangements with the Planner, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. If a court reporter is desired for this hearing, please advise the Department of Planning Services, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 400-3519, prior to the day of the hearing. All cases scheduled before the Planning Commission are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at the number above, for hearing continuance information. The application may be updated at any time at the request of the applicant, or in response to public input, referral responses, or staff recommendations. During the public hearing process, the Planning Commission reserve the right to amend the findings, conditions of approval, and/or development standards in the proposed resolution. PLANNING COMMISSION DATE: June 18, 2019 TIME: 12:30 p.m. CASE NUMBER: ORDINANCE 2019-12 PRESENTED BY: BRUCE BARKER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE PLANNING COMMISSION WELD COUNTY, COLORADO DATED: June 6, 2019 PUBLISHED: June 7, 2019, in the Greeley Tribune 2019-2182 Affidavit of Publication NOTICE Pursuanto the t zoning laws of the State of Colorado and the Weld County Code a public hearing will be held before the Weld 'County Planning Commission in the Hearing Room, Weld Conti t i,Administratlon Building, 1150 O Street Greeley, Colorado, at. the lime specified below The complete case file maybe examined by calling the Depart MOO of Planning Sanncee:et (970).A006100. to &take arrange- ; ments with:the Planner,: Weld County Administration Bwldmg,. 1150 0 Street,:.Greeleyw Colorado -80631 E -Mail messages sent z to an individual Commissioner may: not be included in the case file;iTo ensure: inclusion of your E- Mallcorrespondenee into the::: case file prior; to the Planning Commission hearing, please 5 - calf the Department of Planning Services to obtainthe ap• proprlate:contact inforriration Ifa ecuit reporter Is•desired for this heitrind;t please advise the DeDertrnen€of Planning Services, inwriting, at;least five days. prior to the hearing The cost of engaging acourt reporter shall be borne: by the requesting party. in accordance with the Ameri- cans with Disabilities Act it special accommodatlotls are re• ' quired in order for you to; participate in this hearing,'please con tact the Department of Planning Services at (970):4003619 prior to the day.'of the hearing. All cases scheduled before the 1: Planning Commission are'sub(ect to caritinuerfek: direfe lack quorum oratherwvse Contact the Departmentof:Planning Sery ices at the number above, for hearing continuance information:;,: The appliation'may be updated at any time at the request of the :applicant, or irr:response:to public input, referral responses or• . staff recommendationsDuringthepublichearingprocess file Planning Commission reserve the right'toiamend the findings, conditions of. approval, and/or development standardsin tips pro- ' pposed'resotutIon. PLANNING COMMISSION DATE: June 18, 2019 TIME::,12 a0 p.m CASE NUMBER. ORDINANCE 20.19.12 . PRESENTED BY; BRUCE BARKER :•.' REQUEST: IN`THE MATTER.OF REPEALING AND:: REENACTING:. WITH AMENDMENTS; CHAPTER 12 LICENS . ES: AND PERMITS OF THE WELD COUNTY CODE PLANNING COMMISSION `: WELD COUNTY COLORADO DATED June 8 2018....: The rnbune .. Juno 7.2019ar: STATE OF COLORADO County of Weld, I Jennifer Usher SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Seventh day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Seventh day of June A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 7, 2019 Total Charges: $14,43 1///14 7t day of June 2019 My Commission Expires 08/13/2022 et474. Notary Public ViCKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 ^.r c✓ yam✓ �ir✓rsi .f✓ Hello