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Home My WebLink About20192134.tiffMEMORANDUM TO: Board of County Commissioners DATE: July 22, 2019 FROM: Dawn Anderson, Public Works SUBJECT: Final Reading Code Ordinance 2019-09 Due to the new 1041 designation in relation to oil and gas in Weld County, Public Works has proposed code changes to Chapters 8, 12 and 23 of the code for clean up and review in order to align with our current operations. First reading was approved on June 10, 2019 while second reading was approved on July 1, 2019. A meeting was held with members of the oil & gas industry on June 27, 2019 in which a suggestion was made in regards to our Road Access Policy. Staff is presenting the following proposed changes and clean up items for final reading today. Article XII — Grading Permit • Page 1.D, change in acronym from ISDS to OWTS. • Page 2, wordsmithing and clean up items. Article XIV — Road Access Policy Page 9, clean up items. Addition: G. WOGLA Access Permit — per suggestions from industry and to better align with operations and WOGLA permitting requirements PW staff is proposing access permits specific to this process have the expiration date for constructin extended from one (1) year to three (3) years. • Pages 10, 11 and 15 — clean up and wordsmithing updates. Public Works staff recommends approval of this ordinance as presented. I'm available to answer any questions you may have. A3‘-/ WELD COUNTY CODE ORDINANCE 2019-09 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 8 PUBLIC WORKS ARTICLE X - Repealed and Reserved. ARTICLE XII - Grading Permit Policy Amend Sec. 8-12-30. - Grading Permit. A. and B. — No change. C. No Work Without Permit. No person or entity may surface disturb, grade, construct or excavate over one (1) acre of nonexempted ground without first having obtained a Grading Permit from the Department of Public Works. In addition, no person or entity may grade, excavate, construct or leave disturbed and unstabilized over one (1) acre of nonexempted ground beyond the date or dates specified in the Permit unless: (1) the person or entity requests a written extension before the expiration of the initial Permit; and (2) a new Permit or extension is granted. It is a violation of this article to perform this work without a permit. D. Exemptions. The following land disturbance activities are permissible without obtaining a Grading Permit, unless otherwise located within a designated Municipal Separate Storm Sewer Systems (MS4) area. The Department shall determine if the exemption is in accordance with the County's MS4 permit. Other permits, such as right-of-way, flood hazard or tS-DSOWTS, may still be required. 1. and 2. — No change. PAGE 1 020/9 21$ 2019-* ORD2019-09 3. Trenching incidental to the construction, maintenance and installation of approved underground pipelines, electrical or communication facilities. However, a Grading Permit may be required for over one (1) acre of ground disturbed for construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not directly in the pipeline trench. 4. — No change. Delete 5 and renumber subsequent items, as follows: 5. County capital improvement or County maintenance projects within a right-of-way. 6. Maintenance and cleaning of existing ditches, lakes, ponds and water storage reservoirs. 7. Maintenance and resurfacing of existing streets/roads, runways, and sidewalks/trail systems,, parking eis load i n -g area--• s e -;gyp-. _ from Grad-ing---Re rr -i 4 requirements. 8. Performance of emergency work necessary to prevent or mitigate an immediate threat to life or property when an urgent necessity arises. The person performing such emergency work shall promptly notify the Department of Public Works of the problem and work required. Any person performing such emergency work shall immediately notify the Public Works Director of the situation and the actions taken. The Public Works Director may, however, require such person to obtain a Grading and Erosion Control Permit to implement remedial measures to minimize erosion resulting from the emergency. 9. Land disturbance incidental to the creation of irrigation water storage ponds. Stockpiles that create more than an acre of disturbed area may require a Grading Permit. 10. Graves in cemeteries. 11. Land disturbance associated with the construction of natural surface trails may be exempted by the Director of Public Works except within designated MS4 areas, provided that the procedure outlined in this Article is completed prior to commencement of any trail construction. If exempted, the land disturbance associated with the construction of natural surface trails shall generally conform with the performance standards of this SectArticle. Amend Sec. 8-12-40. Definitions. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: Acre: means a total area of forty-three thousand five hundred sixty (43,560) square feet. Contractor means any party performing the installation and construction for a permit holder who obtains a permit pursuant to this Article. A contractor may be a permit holder under this definition. Control Measures (formerly Best Management Practices/BMPs): for the purposes of this Pa means temporary or permanent erosion and sediment control methods that have been determined (according to EPA guidance) to be the most effective, practical means of preventing or reducing pollution from nonpoint sources. Control Measures address prevention of water pollution and control of dust from construction sites. PAGE 2 2019-* ORD2019-09 Disturbed area: means that area of the land's surface disturbed by any work activity upon the property by means including, but not limited to: grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned agricultural or the tillage of a parcel zoned PUD (planned unit development) within the area identified for agricultural uses. Grading: means excavation, cutting, filling, clearing and grubbing, stockpiling and recontouring the land surface, or any combination of these. Grading plan: means the construction drawing or other depiction showing the existing and the proposed elevation contours of the area to be disturbed by construction. Land disturbance activity: means any activity which changes the volume or peak flow discharge rate of precipitation runoff from the land surface, including, but not limited to, grading, digging, cutting, scraping or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse. Lines: means all underground and overhead cable, telephone, electric power, wire, gas and irrigation lines, appurtenances, structures or pipelines. Municipal Separate Storm Sewer System (MS4): means an area defined by the Federal Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of this code. Permit holder means the owner, operator, person and/or entity constructing, excavating or occupying the construction site who has obtained a Grading Permit pursuant to this Article. Right-of-way (ROW): means a strip of land that is granted through an easement, plat or other legal mechanism for transportation purposes, such as a roadway or highway. Sediment and erosion control plan: means a document showing the proposed finished contours and depicting the location of all erosion and sediment control measures (control measures). Stabilization: means a state when all ground surface disturbing activities at the site have been completed and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, erosion control blankets are in place or equivalent permanent physical erosion reduction methods have been employed. Stabilization includes the removal of non -permanent control measures. Amend Sec. 8-12-50. Grading Permit application. A. Complete Application Required. Applicants shall file a complete application for a Grading Permit. Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee. If an application is determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal. An application which is PAGE 3 2019-* ORD2019-09 determined to be incomplete may, or may not, retain its same processing cycle. B. A complete application will typically include civil engineering drawings signed and sealed by a registered Civil Engineer in the State. The drawings shall include a grading plan showing existing and proposed contours and elevations and drainage plan. In addition, a Sediment and Erosion Control Plan that shows the location and types of control measures to be utilized at the site shall be provided. Typical control measure installation details and maintenance notes should also be on the drawings. C. A complete application shall include a utility map in accordance with Subsurface Utility Engineering (SUE)/811 Law Level B, SB18-167, if the construction meets the application conditions. Amend Sec. 8-12-60. Application review, Grading Permit issuance, permit expiration and permit extension. A. Review Process. The application and other data filed by an applicant for a Grading Permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws. If the Department of Public Works finds that the work described in an application for a Grading Permit conforms to the requirements and regulations set forth in this Article and meets the requirements defined in the Weld County Engineering and Construction Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Grading Permit shall be issued to the applicant. Criteria upon which the Grading Permit shall be considered include, but are not limited to, the following: 1. Water quality protection: The proposed construction must include proposed installation and provision for maintenance of adequate sediment and erosion control measures that, to the extent possible, prevent erosion and/or release of sediment, excessive stormwater and/or pumped water discharges to surface waters from the construction area. 2. Adjacent property protection: The proposed construction must include sediment and erosion control measures that, to the extent possible, prevent damage, erosion and/or release of any sediment, excessive stormwater and/or pumped water discharges from the construction area to adjacent properties and roadways. 3. Constructability: Installation of control measures, trenches, excavations and other construction practices must be able to be performed according to general construction and safety practices. The proposed construction work must not create a public safety hazard. B. — No change. C. Permit Limitations. An approved Grading Permit requires the Permit Holder to meet certain permit specifications and general engineering. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. The issuing and granting of the Grading Permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any regulations of the State or County. Additionally, the issuance of the Grading Permit shall not be construed as the approval or issuance of any necessary permits referred to in this Code. D. — No change. PAGE 4 2019-* ORD2019-09 E. Early Release of Grading Permit. An applicant may apply for early release of a Grading Permit for a project requiring the issuance of a land use permit for the time period after approval by the Board of County Commissioners or Planning Director and prior to recording the required plat or map. F. Permit Expiration. Every approved Grading Permit shall expire one (1) year from the issuance of the permit. If the permit has expired, the Grading Permit must be reissued by the Department of Public Works before work can begin or be resumed. Prior to the expiration or closure of the Grading Permit, the disturbance shall be stabilized, and non -permanent control measures shall be removed. G. Permit Extension. Any Permit Holder with an unexpired Grading Permit may apply, in writing, for an extension of the time within which work may begin under that Grading Permit if the Permit Holder is unable to begin or complete work within the time required for good cause, and that the cause is acceptable to the Department of Public Works. There shall be an extension fee assessed to cover administrative costs. Delete Sec. 8-12-70. County authority. Amend Sec. 8-12-70. Permit Holder's general responsibilities. A Permit Holder is responsible for the following items. Additional requirements and more detailed information are shown in the Special Provisions of the Grading Permit. A. Control Measures. The Permit Holder shall ensure that all erosion and sediment control measures shown on the approved plans are correctly installed and maintained. B. and C. — No change. D. Surety. If deemed necessary by the Department of Public Works or the Planning Department, the Permit Holder shall provide a surety bond and/or other security for the total amount required to stabilize, restore or reclaim the disturbed ground to prevent erosion and/or release of sediment, excessive storm water and/or pumped water discharges to surface waters from the construction area. Said security shall remain in effect for a period of twenty-four (24) months after all completion of construction and establishment of erosional stability. The amount of the security shall be sufficient to stabilize a disturbed site to prevent releases of sediment and water from construction sites and protect the health, safety and welfare of the public. The amount shall be based on cost estimates of site restoration provided by the applicant and approved by the County Engineer. Whether or not covered by surety, the Permit Holder shall reimburse the County for any and all expenses incurred by the County within twenty-four (24) months after completion of any work as a result of, or related to, failure by the Permit Holder to perform all installation, construction, maintenance or other work pursuant to the Grading Permit, in a workmanlike manner. E. Utility Locates. The Permit Holder shall be responsible for utility locates in advance of the construction or excavation, in accordance with state law. The Permit Holder is responsible for any damages to existing utilities or structures. F. thru H. — No change. I. Site Stabilization, Restoration and Cleanup. The Permit Holder shall assume all responsibility for stabilizing the permitted site to prevent erosion and discharges of sediment. The Permit Holder shall also assume all responsibility for removing all debris associated with the PAGE 5 2019* ORD2019-09 construction activities in the County rights -of -way and all non -permanent control measures. If, upon inspection, the Department of Public Works determines that there is risk of erosional damage, or sediment discharges or debris has not been removed from the County rig hts-of- way, the Department of Public Works shall notify the Permit Holder of the violation of the Grading Permit conditions. The Permit Holder, upon notification from the Department of Public Works, shall correct all work to the extent necessary. The work shall be completed within the time period specified in the notice from the Department of Public Works. If the Permit Holder fails to establish site stability or restore the rights -of -way in the manner and to the condition required, the Department of Public Works may have the County perform the restorations. In that event, the Permit Holder shall pay to the County, within thirty (30) days of billing, the cost of restoring the County rights -of -way. Remainder of Section — No change. Amend Sec. 8-12-90. Inspections. A. Inspections during the construction period may be made by the Department of Public Works to ensure that work is progressing in compliance with the Grading Permit. It shall be the responsibility of the Permit Holder to provide safe access to the work site for the Department of Public Works and to all others, as authorized by law, for inspection at all reasonable times during the execution and upon completion of the work. At the time of inspection, the Department of Public Works may order the immediate termination of any work which poses, or is causing, a serious threat to the life, health, safety or well-being of the public. B. — No change. C. The Department of Public Works may make, or require, other inspections or testing of any work as deemed necessary to ascertain compliance with the provisions of this Article. Any work performed without the required inspections shall be subject to removal and replacement at the Permit Holder's expense, regardless of the quality of the work. Any inspection hours required outside of the normal working hours will be paid by the Permit Holder. Certain types of work may have continuous inspection and, when large-scale projects exceed the ability of the Department of Public Works to provide inspection, the Permit Holder will incur the cost of a private inspection firm. This third -party inspector will be appointed by the Department of Public Works prior to issuance of the Grading Permit. Amend Sec. 8-12-100. Administrative fee. All required fees shall be paid, in full, at the time of the Grading Permit application. The fee schedule for Grading Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the Grading Permit. Amend Sec. 8-12-120. Failure to comply with terms of Grading Permit. A. — No change. PAGE 6 2019-* ORD2019-09 B. The Permit Holder shall prevent releases of sediment and water from construction sites that have the potential to cause damage to private property or County -maintained infrastructure. In the event that construction activities result in erosion or sediment and water discharges causing damage, the Permit Holder shall immediately attempt to prevent further harm, install or replace appropriate control measures and correct any unsatisfactory work. Remainder of Section — No change. Add ARTICLE XIV - Road Access Policy Sec. 8-14-10. Intent of road access policy. This Article XIV is established for the safe and efficient movement of traffic while allowing reasonable access to properties. It is necessary to protect the public health, safety and welfare to maintain conventional traffic flow along with unobstructed roadside drainage and to protect the functional integrity (safety, mobility, & capacity) of County roadways. Access management is an important tool in transportation planning, which identifies the spacing and location of driveways, median openings, and the interconnectivity of road classifications to maintain the access and mobility function of collector and arterials roads. This Article XIV shall apply to all accesses utilizing County rights -of -way within the unincorporated area of Weld County. Sec. 8-14-20. Purpose and intent. The purpose of access management is to manage existing and proposed accesses adjacent to land uses on County roads to ensure that safety, capacity, and function are preserved and a reduction in conflict points occurs. This Article XIV describes the minimum requirements for the design, construction and maintenance of accesses onto Weld County rights -of -way and requires the issuance of an access permit prior to construction. Sec. 8-14-30. Regulation of access onto County roadways. A. Access to a Single Parcel. Each parcel shall be limited one access point for safe ingress and egress, which may be an existing or new shared access, except if allowed pursuant to Subsection E., below. B. Access Permit Required. Any person constructing a new access onto a County right-of-way, or reconstructing, paving, altering, enlarging or changing the use of any existing access onto a County right-of-way, must first be issued an Access Permit by the Department of Public Works. No such work shall commence prior to the issuance of an Access Permit. C. Issuance of Access Permit. Access Permits shall be issued only in compliance with the rules and regulations set forth in this Article XIV. In no event shall an access be allowed, or permitted, if it is detrimental to the public health, welfare, and safety. D. Emergency Access Allowed. Police, fire, ambulance and other emergency providers may have direct access to County roadways if no other access is permitted. E. Additional Access. Additional accesses to a parcel may be allowed if they comply with the spacing criteria for that road. If a new access is requested that does not meet the spacing criteria to a legal parcel where an existing access already exists, the additional access shall not be approved unless the denial of the new access creates undue hardship on the property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested, one (1) or more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. PAGE 7 2019-* ORD2019-09 F. Access Permit a Condition of Building Permit. When a new access is to be constructed in conjunction with the construction of a new principal structure, the issuance of an access permit shall be a condition for obtaining a building permit for such construction. The property owner will be asked to apply for a new access permit for any existing access location never previously permitted. G. Changes in Use, Classification/Type or Increase in amount of Traffic. When an existing access location changes, there is a change in use of the access classification/type, or an increase in the amount of traffic using an access, a new access permit shall be required as a condition of the change in use. if a new access is the result of a change of use or increased traffic, an improvements and road maintenance agreement may be required as a condition of the access permit, where applicable. A change of use may include, but is not limited to, the amount or type of traffic, structural modifications, remodeling, land use change, expansion of an existing business, change in zoning, change in lot lines, and creation of new parcels. H. Access Approval as a Condition of a Land Use Case. When a new, existing, or shared access is to be utilized in conjunction with a land use case, the plat map shall identify the approved access location prior to recording the plat. The property owner shall apply for an access permit when ready to construct the access and may be required to enter into an improvements and road maintenance agreement. For the purposes of this Article XIV, "land use case" may include, but is not limited to, applications seeking approval for use of a property under the processes listed in Chapter 23 of this Code, division of properties, pursuant to the procedures found in Chapter 24 of this Code, or Planned Unit Development through processes detailed in Chapter 27 of this Code. I. Access Spacing Criteria. The following Table 'i reflects the minimum access spacing criteria for county roadways and intersections. Table 1i Minimum Access Spacing Criteria (Feet) :Access Element Distance between intersections Arterial Collector Local • Signalized Unsignalized Distance between accesses and intersections Distance between access points VON Distance between access points in subdivisions 2,640 N/A [N/A 1,320 660 T660 660 1,320 660 330 330 330 150 °330 75 Sec. 8-14-40. Access Permit application process. A. Submittal Requirements; Complete Application. An application for an access permit shall be considered complete if it is submitted on the required form, includes all mandatory information, including all supporting materials and is accompanied by the applicable fee. The application PAGE 8 2019-* ORD2019-09 must be signed by the property owner or, if applicable, an authorized agent. Written authorization to act on the property owner's behalf may be accepted if the access application is not signed by the property owner. If an application is determined to be incomplete, the Department of Public Works shall provide written notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmitted application. An application which is determined to be incomplete may or may not retain its same processing cycle. B. Subdivision or Common Development Plan Access. Upon approval by its Director, the Department of Public Works may require one access permit at the location where the proposed common development plan or subdivision accesses to the County road to reduce the administrative burden on staff and applicants requesting permits concurrently for multiple lots. Such "development access" is subject to a development review application. C. An access permit fee shall be paid, in full, at the time of the access permit application. The fee for an access permit shall be determined by resolution or ordinance of the Board of County Commissioners and shall be shown on the access permit application. D. Review Process. The application and information provided by an applicant for an access permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws and codes. If the Department of Public Works finds the information and supporting documentation in the application for an access permit conforms to the policies and requirements set forth in this Article XIV, meets the requirements defined in the Weld County Engineering and Construction Criteria, as shown in Appendix 8-Q, or in other pertinent laws, regulations or ordinances, and that all required fees have been paid, an access permit shall be issued to the applicant. E. Changes in Approved Permit. An approved permit shall not be changed, modified or altered without written authorization from the Department of Public Works. All work shall be done in conformance with the approved permit. F. Permit Limitations. An approved access permit expires after one (1) year from its date of issuance and requires the permit holder to meet the specifications and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8_Q- e�, wor g -on -t e Derma +off access. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. G. WOGLA Access Permit. An approved WOGLA access permit expires after three (3) years from its date of issuance and requires the permit holder to meet the specifications and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-Q. Sec. 8-14-50. Permit holder's general responsibilities. A permit holder is responsible to comply with the general provisions of this Code, including temporary accesses permits issued for the following items: Additional requirements and more detailed information are shown in the special provisions of the access permit. PAGE 9 2019-* ORD2019-09 A. Utility Locates. The permit holder shall be responsible for contacting the Utility Notification Center of Colc•:rado (811) for utility locates at least seventy-two (72) hours in advance of the access construction, if excavation is required. B. Traffic Control. Access construction activities shouldsha not interfere with traffic on County roadways. If interference with traffic is necessary-Fequi-red, a traffic control plan shall be submitted to, and approved by, the Department of Public Works as part of the permit application. All traffic control shall conform to the most current version f the Manual on Uniform Traffic Control Devices standards, which is available for review on the Federal Highway Administration website. All regulatory signs require approval of the Board of County Commissionrs. Ise applicable, the permit holder shall be required to install all necessary signage and shall bear all expenses for the fabrication and installation of road name signs, permanent barricades, and signs required as part of a development project (e.g., one way, no perking, no outlet, stop sign, speed limit, etc.). C. Drainage Interference. A permit holder shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected, the permit holder is responsible for the proper disposition of the runoff in accordance with Section 8-11-40 of the Chapter. D Tracking control. Permanent vehicle tracking controls provide stabilized site access where vehicles exit a location onto a paved road. Vehicles are required to perform a complete revolution of all tires prior to entering a County -maintained r•,adway. Effective vehicle tracking control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial or high traffic volume accesses shall provide permanent tracking control devices, which include, but are not limited to, double cattle guards or a paved (asphalt/concrete) tracking pad extending three hundred (300) feet into the site to mitigate impacts to the pavedpublic road, including damages and/•r offsite tracking of mud or other materiels. Requests for temporary tracking control techniques must be approved by the Department of Public Works prior to installation. Temporary tracking control shall be used during construction unless permanent tracking control is installed ahead of construction activities; such devices include, but are not limited to, crushed natural aggregate (recycled crushed concrete or asphalt shall not be used for any vehicle tracking pads) along with a geotextile fabric or pre -fabricated vehicle tracking pads with ;approved dimensions. Use -by -right permitted agricultural accesses are exempt from tracking control requirements. Tracking control is required for construction of accesses to prevent tracking from the site onto paved public roadways. The permit holder may be held financially responsible for d-.mage to the roadway resulting from inadequate tracking control. All tracking control devices and designs must be in accordance with the Weld County Engineering and Construct' in Criteria, Appendix 8-Q. E. Access Cnstruction, Restoration and Clean-up. The permit holder is responsible for installation of the correct culvert size(s), materials, and the cost of installation for new access culverts whenever thet installation of a culvert is made necessary by the creation of a new access from private property to a county roadway. Accesses should be constructed in a manner that minimizes erosion and does not result in disposition of silt and debris up:•n the county roadway or roadside ditches. Accesses which slope down toward the County road will be constructed to assure that water does not run onto or across the traveled public way. This may include designing the crown, borrow ditches, pans, or other elements so that they direct water to the existing drainage facilities along the road. The permit holder shall assume PAGE 10 2019-* GRD2019-09 all responsibility for removing all debris associated with the access construction activities and restoring the County roadway to pre-existing conditions. The access permit allows construction of the access without the need for obtaining a separate right-of-way permit pursuant to this Chapter. Installation of commercial/industrial access(es) may require a traffic control plan to be approved with the access permit. the permit holder, upon notification from the Department of Public Works, shall correct any items not consistent with the approved access permit within fourteen (14) days. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the Department of Public Works, the County may remove the access or perform the restorations and invoice the permit holder for the expense(s) incurred by the County. F. Access Sight Distance. Sight distance is essential to protect the traveling public at all access points along County roadways. Sight distance is the length of roadway that is clearly visible to the driver and is dependent upon the height of the driver's eye above the road surface, the specified object height above the road surface, and the height of sight obstructions within the line of sight. The minimum sight distance available on a roadway must be sufficient to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object. In evaluating the overall performance of a roadway, both the horizontal and vertical sight distances must be considered. When items such as walls, buildings, bridge piers, cut slopes, or vegetation growth are near the roadway on the inside of a curve, they can block a driver's view of the road ahead. If they are too close, the driver will not have sufficient distance along the curved roadway to stop when a hazardous condition comes into view. The minimum requirements and technical criteria for sight distance are in the Weld County Engineering and Construction Criteria, Appendix 8-Q. Sec. 8-14=60. Variance from sp cific access permit requirements. A property owner may request a variance from specific requirements set forth in this Article XIV. The Department of Public Works will consider requests for variances on a case -by -case basis. Requests for variances may be submitted in a written letter to Public Works addressing the hardship or justification for the variance and supporting documentation to explain why they cannot comply with the requirements of this Article or as outlined in the Weld County Engineering and Construction Criteria, Appendix 8-Q. Requests will be reviewed and acted upon by the Public Works Director or designee to ensure they will adequately protect the public health, safety, and welfare. Public Works will respond with an approval or denial in writing within thirty (30) days f receipt of the variance request. J S c. 8-14-70. Appeal of denial of access permit. If an access permit is denied by the Department of Public Works, or the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the ppeal procedures set forth in Section 2-4-10 of this Code. Sec. 8-14-80. Enforcement. A. Violations and Penalties. The County, through the Department of Public Works or other departments so authorized, may enforce this Article XIV through methods included in this Section, or through other methods adopted by the Board of County Commissioners. B. Criminal Penalties. PAGE 11 2019-* ORD2019-09 1. It is unlawful to construct a new access onto a County road, or reconstruct, pave, alter, enlarge or change the use of any existing access onto a County -maintained road unless an access permit is first issued. Any person, firm or corporation violating any provision of this Article XIV is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment, for each separate violation. Each day during which such work on an illegal access continues shall be deemed a separate offense. 2. Whenever the Department of Public Works, through one (1) of its employees, has personal knowledge of any violation of this Article XIV, it shall give written notice to the violator to correct such violation within sixty (60) days after the date of such notice. Should the violator fail to correct the violation within such sixty (60) day period, the Department of Public Works may request that the Sheriffs Office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs Office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriffs Office and Department of Public Works and one (1) copy shall be transmitted to the Clerk of the Court. The County may install barriers across or remove any access not conforming to this Article XIV during the pendency of the enforcement action. 3. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney. 4. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violation of this Article XIV. C. Revocation of Access Permit. Should the applicant or any subsequent property owner fail to abide by the terms of any associated improvements agreement, the Board of County Commissioners may revoke the access permit. Such revocation may subject the applicant or any subsequent property owner to the penalties outlined in this chapter, or any other enforcement mechanism provided by law. D. Equitable Relief in Civil Action. In the case of any violation of this Article XIV, the County Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation. E. Civil Penalties. In addition to any of the penalties set forth above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Article XIV may be subject to the imposition, by order of the Weld County Court, of a civil penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article XIV, the remedies set forth above, or both. Each day after the issuance of the order of the Weld County Court, during which PAGE 12 2019-* ORD2019-09 such unlawful activity continues, shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event shall civil penalties, imposed pursuant to this Subsection, constitute a lien against the real property. F. Inspections. The Department of Public Works or other County departments may conduct an inspection of each access that is the subject of the access permit to ensure full compliance with all provisions of this Article XIV and the terms of the permit. G. Failure to Comply with Requirements of Issued Access Permit. Failure of the permit holder to comply with any of the terms and conditions of an issued access permit shall be sufficient cause for cancellation of the permit and may result in the removal of the access and its appurtenances by the County at the permit holder's expense. H. Access Permit Issued Erroneously or Upon Incorrect Information. Any access permit which has been issued in error or on the basis of incorrect information supplied by the permit holder, shall be considered void. In the event an access permit is void, no refund of permit fees shall be made unless the access permit was issued in error by the Department of Public Works. I. Notice Regarding Illegal Access. An "illegal access" is considered to be any access not permitted. Existing accesses constructed prior to 2010 should obtain an access permit at no charge. For an illegal access, the property owner shall be sent written notice of any illegal access location or use. The owner shall be given sixty (60) days notification of pending actions, after which the County may install barriers across, or remove, any access not conforming to this Article XIV. Any access, driveway or curb -cut being constructed within County right-of-way without an approved access permit shall be required to stop work immediately and apply for an access permit. If the permit is approved, work may continue subject to the conditions of the permit. If the permit is denied, any work that has been completed must be removed and the road and drainage facilities returned to pre-existing conditions acceptable to the Department of Public Works, upon completion of any appeal or the time for appeal pursuant to the provisions of Section 8-14-70, above. Sec. 8-14-90. County authority. Notwithstanding the issuance of any access permit or the construction of any access, Weld County reserves the right to make any changes, additions, repairs, conditions, and relocation or closure of any part of an access within the County right-of-way at any time, including, but not limited to, in connection with the relocation, reconstruction, widening and maintaining of the road or right-of-way, without compensating the owner of the access for the damages to or destruction of the access. Sec. 8-14-100. Access Control Plans (ACP's), and additional techniques and requirements for access on County roads. A. Access Control Plans. The purpose of an Access Control Plan (ACP) is to maintain and enhance the safety and mobility of a corridor while also providing reasonable access to adjoining properties. Each intersecting driveway and street are an access point that increases the potential for conflicts between through -traffic and traffic using the access. Access management is important for protecting the public health, safety, and welfare by enhancing the safety, mobility, and reliability of the transportation system. An ACP establishes and documents standards and policies for developing a roadway corridor through PAGE 13 2019* ORD2019-09 cooperation among the stakeholder local governments and agencies in the vicinity. ACP's are typically developed by one or more local governments and/or agencies or, in some cases, pr -,pared on their behalf by a consultant. Local governments and agencies agree to adhere to the standards and policies of the ACP and the ACP places responsibilities on owners and/or Issees of property along the corridor. Weld County recognizes that property owners have a right of reasonable access to the County road system. However, within an environment where development promotes population and employment growth, impacts to the roadway network are inevitable. Increasing traffic volumes will affect mobility by raising travel times and delays in the system, increase safety concerns due to a greater potential for crashes at intersections and access points along the road, and impact travel reliability due to higher numbers -f incidents and accidents. Roadway improvements, such as widenings may address many of the roadway capacity and travel delay issues associated with land development. Traffic signal and roundabout installations can improve safety and mobility at intersections. Access management along a corridor will likewise have positive impacts on safety and mobility by reducing potential conflicts and delays in the travel stream. As development occurs and roadway improvements are made along a corridor, access management techniques are applied to decrease the number of access locations if possible and reducc the impact to mobility through design standards and mitigation improvements such as auxiliary/turning lanes. On corridors with an adopted ACP in effect, recommendations for each existing and future access location and policies that guide future access management efforts will be enforced. B. Access Operational Movements. When a safety concern is present at an existing or proposed access, Weld County may restrict or modify the type of access operation to ensure traffic safety movement at the access. 1. Full Movement Access. All potential movements for the access are allowed. 2. Three -Quarter Access. All movements allowed except a left turn out of the access. 3. Right-in/Right-out Access. Only right turn in and right turn out movements are allowed. C. Access Control Techniques. A reduction in accesses onto a County road will improve traffic flow, operations, and safety of the traveling public. To reduce the number of existing access points, applicants may be required to implement the following access control techniques to reduce conflicts while maintaining adequate access to adjacent land uses. 1 Elimination. Applicants may be required to eliminate accesses identified as unsafe locations, where there are more than two existing accesses for a parcel, or do not meet spacing requirements identified in the Weld County Engineering and Construction Criteria document. 2. Relocation. Applicants may be required to move or relocate existing accesses to a new location to either align with other existing accesses or to meet spacing requirements. 3. Consolidation. Applicants may be required to consolidate multiple accesses into a single access or coordinate with neighboring property owners to consolidate existing accesses into shared accesses, whenever feasible. 4. Movement Conversion. Applicants may be required to convert their access movement through medians treatments to eliminate some or all turning movements in order to PAGE 14 2019-* ORD2019-09 reduce the number of conflicts between left turning vehicles and through vehicles on the roadway. D. Access Types. Access type refers to the land use on the adjoining property that the access serves. An approved access permit helps establish the access use and existing level of intensity to the property. The following access types are the most common in Weld County: 1. Agriculture/Field/Ditch Access. Support farm and ranch operations with a low trip generation generally used during planting and harvesting seasons. 2. Residential Access. Driveways to residences and are considered a low trip generation with approximately ten (10) vehicle trips per day. 3. Commercial/Industrial Access. Serves businesses, schools, oil and gas facilities and are considered to have heavier vehicles (ESALs) and/or high trip generation. 4. Multiple Use Access. Shared accesses where two (2) or more access types properties utilize the same access. 5. Future Access. These locations may have been previously approved but has yet to be constructed or may be an existing parcel that cannot obtain access to a side road and would otherwise be considered landlocked but fall into the requirement of being afforded one access per parcel. 6. Temporary Access. Road access which will be closed after being used for a limited time may be considered a temporary road access. A temporary access permit may be granted by the Department only if the temporary access meets minimum County traffic safety and operational requirements, including sight distance and is not intended to exceed eighteen (18) months. E. Auxiliary Turn Lanes. Auxiliary lanes maintain the safety, traffic flow, and operation of a roadway or access. Auxiliary lanes are required when unique location factors exist such as roadway speed and traffic density, access volume, the volume of commercial trucks, the influence of nearby accesses, existing auxiliary lanes close to the proposed access, nearby traffic control devices, available stopping sight distance, and other topographic or roadway design factors. When applicable, the access permit holder is responsible for design, installation, any right-of-way acquisition needed to accommodate the required lane width. Required auxiliary turn lanes must be installed according to the following traffic triggers: 1. A left deceleration lane with storage length plus taper length is required for any access with a projected peak hour left ingress turning volume greater than ten (10) vehicles per hour (vph). The design elements for a left turn lane are the taper length, lane length, and storage length which in combination make up the left turn lane. 2. A right deceleration lane with storage length plus taper length is required for any access with a projected peak hour right ingress turning volume greater than twenty-five (25) vph. The design elements for right turn and deceleration lanes are the approach taper, lane length, and storage length which in combination make up the right turn lane. 3. A right turn acceleration lane with taper is required for any access with a projected peak hour right turning volume greater than fifty (50) vph and a single through lane in the direction of the right turn. The design elements for a right acceleration lane are the transition taper and acceleration length. PAGE 15 2019-* ORD2019-09 4. A left turn acceleration lane with transition taper may be required if it would benefit the safety and operation of the roadway. A left turn acceleration lane is generally not required when the acceleration lane would interfere with the left turn ingress movements to any other access. Further auxiliary lane design criteria can be found in the Weld County Engineering and Construction Guidelines. F. Closure or Elimination of access. When an access is closed, abandoned or eliminated the permit holder shall assume all responsibility for any activities related to the closure/elimination and reclamation of access points stipulated to be removed. In the event the issuance of an access permit requires an existing access point to be "closed and reclaimed" it shall be completed by the stipulated date on the permit. If the county is closing an access, the property owner will be notified in writing, prior to the closure occurring of the date the County will close the access. Closure and reclamation activities may include, but are not limited to, reestablishing the profile of the burrow ditch, removing any culverts and gates in the fencing adjacent to the maintained right-of-way, and attempting to reseed the affected area located in the right-of-way with natural vegetation to the satisfaction of the Department of Public Works. G. Roadway Improvements. Projects with high traffic/trip generation or a crash history may require public improvements; including but not limited to, auxiliary lanes, such as acceleration and deceleration lanes, exclusive left or right-hand turn lanes, or a traffic signal, in accordance with the Weld County Engineering and Construction Criteria, as shown in Appendix 8-Q. If these types of roadway improvements are required, the permit holder will be responsible to enter into an improvements agreement with collateral. The agreement shall be approved by the Board of County Commissioners. H. Road Maintenance Agreements. Accesses may require a road maintenance agreement or a temporary construction maintenance agreement as a condition of granting the access permit. Possible mitigations shall be set forth in the maintenance agreement. The agreement shall be made in conformance with the County's policy for improvements agreements. The agreement shall be approved by the Board. Violation of the road maintenance agreement will constitute a violation of the permit and may subject the applicant to revocation of the permit and/or other enforcement. 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. PAGE 16 2019-* ORD2019-09 The above and foregoing Ordinance Number 2019-09 was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Scott K. James County Attorney Steve Moreno Date of signature: PAGE 17 2019-* ORD2019-09 Publication: June 7, 2019 First Reading: June 10, 2019 Publication: June 14, 2019, in the Greeley Tribune Second Reading: July 1, 2019 Publication: July 10, 2019, in the Greeley Tribune Final Reading: July 22, 2019 Publication: July 31, 2019, in the Greeley Tribune Effective: August 5, 2019 PAGE 18 2019-* ORD2019-09 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2019-09 ELIZABETH RELFORD IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8, PUBLIC WORKS, OF THE WELD COUNTY CODE be recommended favorably to the Board of County Commissioners. Motion seconded by Elijah Hatch. VOTE: For Passage Bruce Sparrow Michael Wailes Gene Stile Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent Bruce Johnson Tom Cope The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 18, 2019. Dated the 18th of June, 2019 Kristine Ranslem Secretary CHAPTER 8 PUBLIC WORKS RT E X tr j"a�(�rt str l ' w _ lta ri `�� e . e F a �(l �l 'e�F' R G�O 0.4_"`'l isr en- l� ` � •;�.. • 4 ❑ ��' �. .:.�Ei a u �.I-�� u d�"~~� v.J va-S:�' u Ciun Jtruue a(ll�i ni-R r rt 0 Vim- -c„- r 9 iif!(-11-1! �1 n Repealed and Reserved. infeR2nat imern and a p �pds � on te-mq} c for s tr ikv�s—tr— e tcri - u -s �� H F` � I-.7 ,- state. �'L?P �f �,'_` i � 1 �� ,.'� f�"'r/"'r`�_JI iy. ;.�, U� �� ,�,Q�, ff' by ,B r� atai-ned �� = d am,d9phe. st a�-e. �r sIwq, a �i�-�c- �,�E b call' ARTICLE XII - Grading Permit Policy Sec. 8-12-300 - Grading Permit. Iii R -f a Gtor ulv o �! r9 r- i1-6 y —be C. No Work Without Permit. No person or entity may surface disturb, grade, construct or excavate over one (1) acre of nonexempted ground without first having obtained a Grading Permit from the Department of Public Works. In addition, no person or entity may grade, excavate, construct or leave disturbed and unstabilized over one (1) acre of nonexempted ground beyond the date or dates specified in the Permit unless: (1) the person or entity requests a written extension before the expiration of the initial Permit; and (2) a new Permit or extension is granted. It is a violation of this article to perform this work without a permit. D. Exemptions. The following land disturbance activities are permissible without obtaining a Grading Permit, unless otherwise located within a designated Municipal Separate Storm Sewer Systems (MS4) area. The Department shall determine if the exemption is in accordance with the county's MS4 permit. Other permits, such as right-of-way, flood hazard or ISDS, may still be required. 3. Trenching incidental to the construction, maintenance and installation of approved underground pipelines, electrical or communication facilities w her e I- hl -an --one—( )-acre iq. tC° � � h' i � f/" F ;r�-� ,� �1� �Lv •� ',f -� �� r �. /�'� �r� • �' ' � � LU��' �j^;• f� ^ t��' Ii �f'l�,y [�� "'' fi^'1 U f 1 A n�7,_ Q I �-'.'._ s -H ri u e e t pt from- GFa d' Fmk t n ,."4�i u 9, a � s. 1'_""f_'� lh-c l t"f n w p A p e Y i s, etec-� -cal or communa ton fa 1 .: it ' - Jtenance, v e 4 total-elc �r^� �� _ o� �_+, � ,� { (1) �a^�, �ire�Il py �, �' �a r��° �o�r� ` �� !/'��'�, ,r�:,� ,('� fR ;�� a �� s �`�.,s �- .-- - �s e' ne , l s Zvi m i s c � t i o n o t ac i � s s , e- qui•Fe d to h---tvsnc..h ng or for fitire mai-nteimanice, shall not be=exe FA; However, a Grading Permit may be required for over one (1) acre of ground disturbed for construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not directly in the pipeline trench. 4. Land disturbance or excavations in accordance with plans incorporated in a mining permit, reclamation plan or sanitary landfill approved by the County. However, a Grading Permit may be required for over one (1) acre of ground disturbed for construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not directly in the mined area or landfill. 65 1'�f� �.,ft_, rT' /sl. °G �' � � �,"l � .f`�' � 1 a re � don a n o -r g as4r4t a � ��°��t � �`� °� 1 ({,i�S1 �r'�i I{ � � ��f�`� t `' ft �"� � "` �..�' f"1 fi5: r'```n �. .,��i j�.•. ��} � � j _ L� _ !(�r�] � � 1/^,}`h, f`° : t/' it^� f b G.:.y �tF... e J b 4 �lt�f-"1� "�Y.J�' '� ° 0 11 1 ��'-1 '!+ 11 1 y�� J J �r� k 11 �-./J ��r� ...- .i.tl 11 II i1f_r -s q -u me n d ..✓ 9 t, d-`� � � : ll�-11-5 �.d 1 II �'�.:� County capital improvement or County maintenance projects within a right-of-way, c p4 lITlh- U �--- �' rat i _ o4 W 'tom' A `� .�.. 1.�-- �� _- `B ° �- .j fixate- ickt�L,t l_ ,a 4 Se �p_ai r.�`' Sta.-rim S `a vllJ r �.� � -1 � . S �-� S �-r �J` V'J"a iti C � o �J �w 1�� 1"�•. 9 5 �'�.. t <;:(�-1. � � ��. 1 '�.+ a �,r c;.- I(-C.:v 4. �e.i b- � a -ms-R m 2 76 37 • Maintenance and cleaning of existing ditches, lakes, ponds and water storage reservoirs; a-oe here _ the-' en& r-'ui-o-n-la - -«--des Un to e - ''- :. . Maintenance and resurfacing of existing streets/roads, runways, sidewalks/trail systems, parking lots/loading areas and railroad beds are exempt from Grading Permit requirements. Performance of emergency work necessary to prevent or mitigate an immediate threat to life or property when an urgent necessity arises. The person performing such emergency work shall promptly notify the Department of Public Works of the problem and work required. Any person performing such emergency work shall immediately notify the Public Works Director of the situation and the actions taken. The Public Works Director may, however, require such person to obtain a Grading and Erosion Control Permit to implement remedial measures to minimize erosion resulting from the emergency. 9. Land disturbance incidental to the creation of irrigation water storage ponds. Stockpiles that create more than an acre of disturbed area may require a Grading Permit. 40. Enlargements to area loss than one (-4-) acre lar existir, 1 'L0. Graves in cemeteries. nommercia-1, III 1ucara1 191. Land disturbance associated with the construction of natural surface trails may be exempted by the Director of Public Works except within designated MS4 areas, provided that the procedure outlined in this Article is completed prior to commencement of any trail construction. If exempted, the land disturbance associated with the construction of natural surface trails shall generally conform with the performance standards of this Section. Sec. 8-12-40. - Definitions. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: Acre: means a total area of forty-three thousand five hundred sixty (43,560) square feet. Be "ices (BMPs) are, for the purposes of this Article, e =&ion and sediment -control meths a have been determined -(carding to EPA -ts ee) to b -the most -affective, gractica means et -pm -venting or re uc-mg--pe-ltution from none 1n -t -sources. Far the purposes of this Article, 7\M -Ps address prey-enti 3 -control of dust from construction site& Contractor means any party performing the installation and construction for a Fpermit =-holder who obtains a permit pursuant to this Article. A contractor may be a Rpermit .=;holder under this definition. Control Measures (formerly Best Management Practices/BMPs): for the purposes of this Article, means temporary or permanent erosion and sediment control methods that have been determined (according to EPA guidance) to be the most effective, practical means of preventing or reducing pollution from nonpoint sources. Control Measures address 3 prevention of water pollution and control of dust from construction sites. Disturbed area: means that area of the land's surface disturbed by any work activity upon the property by means including, but not limited to: grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned agricultural or the tillage of a parcel zoned PUD (planned unit development) within the area identified for agricultural uses. Grading: means excavation, cutting, filling, clearing and grubbing, stockpiling and recontouring the land surface, or any combination of these. Grading Plan: means the construction drawing or other depiction showing the existing and the proposed elevation contours of the area to be disturbed by construction. Land Disturbance Activity: means any activity which changes the volume or peak flow discharge rate of precipitation runoff from the land surface, including, but not limited to, -T- is may .--3c4u4s le grading, digging, cutting, scraping or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse. Lines: means all underground and overhead cable, telephone, electric power, wire, gas and irrigation lines, appurtenances, structures or pipelines. Municipal Separate Stormwater System (MS4): means an area is defined by the Federal Environmental Protection Agency (EPA) in 40 CFR 122 as defined in Chapter 8, Article IX of this code a co-ve--ya-Pice steel owned G-- 'er--t a s. Eatpa s . tears, di-tches, rn-ma channels -or --storm drains) y--attown th a-i soh -a -r ss4n a e4--o'4h-e-United Permit Holder means the owner, operator, person and/or entity constructing, excavating or occupying the construction site who has obtained a Grading Permit pursuant to this Article. Right-of-way (ROM: means a strip of land that is granted through an easement, plat or other legal mechanism for transportation purposes, such as a roadway or highway. Sediment and Erosion Control Plan: means a document that shows the proposed finished contours and depictings the location of all erosion and sediment control measures control measures). Sec. 8-12-50. - Grading Permit application. A. Complete Application Required. Applicants shall file a complete application for a Grading % ° j 1 � _ � f.,.y ( .r4.� � �'1I � �1, ? '� � 7 � i� i`ll 7 jr" �5"`i I jl 1 �' '� �'� !�' J �(� II� �'`� /� 1 f " �'� 11 /� �l' f�� _''' rim �7`�.�1 �.a� � J Permit. Ph okGaUo s ria,4 be—Sullam teed _ t � t �� k9 t .j II :>>r�_.Y}ec �: -n oarEm �, t :ie 4_:1 of the De aTiment-e _ Public V Ifi r'r Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee. If an application is determined to be incomplete, the Department of Public Works shall provide 4 notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal. An application which is determined to be incomplete may, or may not, retain its same processing cycle. B. A complete application will typically include civil engineering drawings signed and sealed by a registered Civil Engineer in the State. The drawings shall include a grading plan showing existing and proposed contours and elevations and drainage plan. In addition, a Sediment and Erosion Control Plan that shows the location and types of M -Rs control measures to be utilized at the site shall be provided. Typical control measure installation details and maintenance notes should also be on the drawings. C. A complete application shall include a utility map in accordance with Subsurface Utility Engineering (SUE)/811 Law Level B, SB18-167, if the construction meets the application conditions. Sec. 8-12-60. - Application review, Grading Permit issuance, permit expiration and permit extension. A. Review Process. The application and other data filed by an applicant for a Grading Permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws. If the Department of Public Works finds that the work described in an application for a Grading Permit conforms to the requirements and regulations set forth in this Article and meets the requirements defined in the Cle-patm-ent-aflP u-blis Work— es n Bran4ad a 2r feria County Engineering and Construction Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Grading Permit shall be issued to the applicant. Criteria upon which the Grading Permit shall be considered include, but are not limited to, the following: Weld 1. Water quality protection: The proposed construction must include proposed installation and provision for maintenance of adequate sediment and erosion control measures that, to the extent possible, prevent erosion and/or release of sediment, excessive stormwater and/or pumped water discharges to surface waters from the construction area. 2 Adjacent property protection: The proposed construction must include sediment and erosion control e `t,1:, Ps measures that, to the extent possible, prevent damage, erosion and/or release of any sediment, excessive stormwater and/or pumped water discharges from the construction area to adjacent properties and roadways. 3. Constructability: Installation of B Ps- control measures, trenches, excavations and other construction practices must be able to be performed according to general construction and safety practices. The proposed construction work must not create a public safety hazard. B. Changes in Approved Permit. An approved Grading Permit shall not be changed, modified or altered without written authorization from the Department of Public Works. All work shall be done in conformance with the approved Permit. 5 C Permit Limitations. An approved Grading Permit requires the Permit Holder to meet certain permit specifications and general engineering. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. The issuing and granting of the Grading Permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any regulations of the State or County. Additionally, the issuance of the Grading Permit shall not be construed as the approval or issuance of any necessary permits referred to in Chapter ,29 of this Code. D Indemnification. Every approved Grading Permit issued shall include the following language: "Permit Holder, its agents, employees, subcontractors, contractors and assigns hereby agree 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 construction within the area covered by this permit; excluding any such loss and damage or any claims (including consequential damages) which may be caused solely by the negligence of Weld County, the agencies thereof or its officers and employees." E Early Release of Grading Permit. An applicant may apply for early release of a Grading Permit for a project requiring the issuance of a land use permit for the time period after approval by the Board of County Commissioners or Planning Director and prior to recording the required plat or map. F kG Permit Expiration. Every approved Grading Permit shall expire one (1) year from the issuance of the permit if The _ ean a work auThcf - the -grad+. u--spe dedrGr r - &-i� oa-of one (1) year at y _ t1me cifteL - srk h,Q If the permit has expired, the Grading Permit must be reissued by the Department of Public Works -before work can begin or be resumed, ice as-c-11LIPE ork-mt-u °a .F epa-mc - --t 4alic-,ktis. Prior to the expiration or closure of the Grading Permit, the disturbance shall be stabilized, and non -permanent control measures shall be removed. Permit Extension. Any Permit Holder with an unexpired Grading Permit may apply, in writing, for an extension of the time within which work may begin under that Grading Permit if the Permit Holder is unable to begin or complete work within the time required for good cause, and that the cause is acceptable to the Department of Public Works. There shall be an extension fee assessed to cover administrative costs. ,e' S 7 9 �.tJ .; U it^4o r U +V �i �S eria-N o We— s --s4 H _ nave the autcheivilt mo d , ; � h - , --�-�-n-r -- one R f ' ° F n de .- - p P )auto ~ e work - Sec. 8-12470. - Permit Holder's general responsibilities. ik, _ h, r pa A Permit Holder is responsible for the following items. Additional requirements and more detailed information are shown in the Special Provisions of the Grading Permit. A. Best Control Measures. The Permit Holder shall ensure that all erosion and sediment control BMPs measures shown on the approved plans are correctly installed and maintained. 6 B. Other Permits. The Permit Holder shall secure all permits required by federal, state and local agencies. C. 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 excavation, installation and/or construction contemplated or caused by the construction as permitted herein. D. Surety. If deemed necessary by the Department of Public Works or the Planning Department through t -I-and-us-e change process or by the Department of Public Works, the Permit Holder shall provide a surety bond and/or other security for the total amount required to stabilize, restore or reclaim the disturbed ground to prevent erosion and/or release of sediment, excessive storm water and/or pumped water discharges to surface waters from the construction area. Said security shall remain in effect for a period of twenty-four (24) months after all completion of construction and establishment of erosional stability. The amount of the security shall be sufficient to stabilize a disturbed site to prevent releases of sediment and water from construction sites and protect the health, safety and welfare of the public. The amount shall be based on cost estimates of site restoration provided by the applicant and approved by the County Engineer. Whether or not covered by surety, the Permit Holder shall reimburse the County for any and all expenses incurred by the County within twenty-four (24) months after completion of any work as a result of, or related to, failure by the Permit Holder to perform all installation, construction, maintenance or other work pursuant to the Grading Permit, in a workmanlike manner. E. Utility Locates. The Permit Holder shall be responsible for utility locates in advance of the construction or excavation, in accordance with state law. The Permit Holder is responsible for any damages to existing utilities or structures. F. Traffic Control. Construction activities impacting the County rights -of -way shall not interfere with movement of traffic or compromise public safety. A County Right -of -Way Permit may be required in addition to a Grading Permit. G. Emergency Conditions. When a condition arises where emergency work must be performed, the applicant shall immediately notify the Department of Public Works of the emergency event, type and extent of work. Within two (2) business days after the occurrence of the emergency, the applicant shall apply for the necessary permits, pay the associated fees and fulfill the rest of the requirements necessary to comply with the Grading Permit for the actions the applicant took in response to the emergency. H. Drainage Interference. A Permit Holder shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected, the Permit Holder is responsible for the proper runoff management to prevent erosion and/or release of sediment, excessive storm water and/or pumped water discharges to adjacent properties and surface waters from the construction area. I. Site Stabilization, Restoration and Cleanup. The Permit Holder shall assume all responsibility for stabilizing the permitted site to prevent erosion and discharges of sediment. The Permit Holder shall also assume all responsibility for removing all debris associated with the construction activities in the County rights -of -way and all non -permanent control measures. If, upon inspection, the Department of Public Works determines that there is risk of erosional damage, or sediment discharges or debris has not been removed from the County rights -of -way, the Department of Public Works shall notify the Permit Holder of the violation of the Grading Permit conditions. The Permit Holder, upon notification from the Department of Public Works, shall correct all work to the extent necessary. The work shall be completed within the time period specified in the notice from the Department of Public Works. If the Permit Holder fails to establish site stability or restore the rights -of -way in the manner and to the condition required, the Department of Public Works may have the County perform the restorations. In that event, the Permit Holder shall pay to the County, within thirty (30) days of billing, the cost of restoring the County rights -of -way. J. Ownership and Maintenance. The Permit Holder shall own, maintain, operate and repair all work on private property in accordance with the regulations, conditions and terms of the Grading Permit. K. Warranty of Right -of -Way. The County does not warrant its ownership of rights -of -way which may be the subject of any issued Grading Permit. The Permit Holder is responsible for determining the ownership of properties subject to its construction. Sec. PA 2-90. - Inspections. A. Inspections during the construction period win may be made by the Department of Public Works to ensure that work is progressing in compliance with the Grading Permit. It shall be the responsibility of the Permit Holder to provide safe access to the work site for the Department of Public Works and to all others, as authorized by law, for inspection at all reasonable times during the execution and upon completion of the work. At the time of inspection, the Department of Public Works may order the immediate termination of any work which poses, or is causing, a serious threat to the life, health, safety or well-being of the public It shall be the responsibility of the Permit Holder to notify the Department of Public Works when work is redy for inspection. The Department of Public Works requires that every request for ins Dection b received at least forty-eight (48) hours oafire such inspection. Such requests may be m{de by telephoning, emailing or faxing the Department of Public Works. The presence of Department of Public Works employees on -site shall not guarantee or qualify the Permit Holder's performance. The approved Grading Permit must be available on -site for review by Department of Public Works staff. Failure to comply may result in suspension of the Grading Permit. C The Department of Public Works may make, or require, other inspections or testing of any work as deemed necessary to ascertain compliance with the provisions of this Article. Any work performed without the required inspections shall be subject to removal and replacement at the Permit Holder's expense, regardless of the quality of the work. Any inspection hours required outside of the normal working hours will be paid by the Permit Holder. Certain types of work may have continuous inspection and, when large-scale projects exceed the ability of the Department of Public Works to provide inspection, the Permit Holder will incur the cost of a private inspection firm. This third -party inspector will be appointed by the Department of Public Works prior to issuance of the Grading Permit. S, c. 8-12-100. - Ad m i n istr!thie fee. All required fees shall be paid, in full, at the time of the Grading Permit application. The fee schedule for Grading Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the Grading Permit (see Append - sec. 8-12=12 . o Failure to comply with terms of Grading Permit. B. The Permit Holder shall prevent releases of sediment and water from construction sites that have the potential to cause damage to private property or County -maintained infrastructure. In the event that construction activities result in erosion or sediment and water discharges 8 causing damage, the Permit Holder shall immediately attempt to prevent further harm, install or replace appropriate PIN Sc control measures and correct any unsatisfactory work. RTICLE XIV - Road Access Policy Sec. ®14-10. - Intent of road access policy. This Article XIV is established for the safe and efficient movement of traffic while allowing reasonable access to properties. It is necessary to protect the public health, safety and welfare to maintain conventional traffic flow along with unobstructed roadside drainage and to protect the functional integrity (safety, mobility, & capacity) of County roadways. Access management is an important tool in transportation planning, which identifies the spacing and location of driveways, median openings, and the interconnectivity of road classifications to maintain the access and mobility function of collector and arterials roads. This Article XIV shall apply to all accesses utilizing County rights -of -way within the unincorporated area of Weld County. Sec. 14-20. - Purpose and intent. The purpose of access management is to manage existing and proposed accesses adjacent to land uses on County roads to ensure that safety, capacity, and function are preserved and a reduction in conflict points occurs. This Article XIV describes the minimum requirements for the design, construction and maintenance of accesses onto Weld County rights -of -way and requires the issuance of an access permit prior to construction. Sec. 8-14-30. - Regulation of access onto County roadways. A. Access to a Single Parcel. Each parcel shall be limited one access point for safe ingress and egress, which may be an existing or new shared access, except if allowed pursuant to Subsection E., below. B. Access Permit Required. Any person constructing a new access onto a County right-of- way, or reconstructing, paving, altering, enlarging or changing the use of any existing access onto a County right-of-way, must first be issued an Access Permit by the Department of Public Works. No such work shall commence prior to the issuance of an Access Permit. C. Issuance of Access Permit. Access Permits shall be issued only in compliance with the rules and regulations set forth in this Article XIV. In no event shall an access be allowed, or permitted, if it is detrimental to the public health, welfare, and safety. D. Emergency Access Allowed. Police, fire, ambulance and other emergency providers may have direct access to County roadways if no other access is permitted. E. Additional Access. Additional accesses to a parcel may be allowed if they comply with the spacing criteria for that road. If a new access is requested that does not meet the spacing criteria to a legal parcel where an existing access already exists, the additional access shall not be approved unless the denial of the new access creates undue hardship on the property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested, one (1) or 9 more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. F. Access Permit a Condition of Building Permit. When a new access is to be constructed in conjunction with the construction of a new principal structure, the issuance of an access permit shall be a condition for obtaining a building permit for such construction. The property owner will be asked to apply for a new access permit for any existing access location never previously permitted. G. Changes in Use, Classification/Type or Increase in amount of Traffic. When an existing access location changes, there is a change in use of the access classification/type, or an increase in the amount of traffic using an access, a new access permit shall be required as a condition of the change in use. if a new access is the result of a change of use or increased traffic, an improvements and road maintenance agreement may be required as a condition of the access permit, where applicable. A change of use may include, but is not limited to, the amount or type of traffic, structural modifications, remodeling, land use change, expansion of an existing business, change in zoning, change in lot lines, and creation of new parcels. H. Access Approval as a Condition of a Land Use Case. When a new, existing, or shared access is to be utilized in conjunction with a land use case, the plat map shall identify the approved access location prior to recording the plat. The property owner shall apply for an access permit when ready to construct the access and may be required to enter into an improvements and road maintenance agreement. For the purposes of this Article XIV, "land use case" may include, but is not limited to, applications seeking approval for use of a property under the processes listed in Chapter 23 of this Code, division of properties, pursuant to the procedures found in Chapter 24 of this Code, or Planned Unit Development through processes detailed in Chapter 27 of this Code. I. Access Spacing Criteria. The following Table I reflects the minimum access spacing criteria for county roadways and intersections. Table I — Minimum Access Spacing Criteria (Feet) Access Element mw.www,Waromn Distance between intersections Arterial Collector Local Signalized Unsignalized On Distance between accesses and intersections 2,640 N/A N/A 1,320 660 1,320 330 660 330 Distance between access points Distance between access points in subdivisions S ,'✓ 441 co 8-14-40. - Access Permit application process. a 660 660 330 330 A. Submittal Requirements; Complete Application. An application for an access permit shall be considered complete if it is submitted on the required form, includes all mandatory information, including all supporting materials and is accompanied by the applicable fee. The application must be signed by the property owner or, if applicable, an authorized 10 agent. Written authorization to act on the property owner's behalf may be accepted if the access application is not signed by the property owner. If an application is determined to be incomplete, the Department of Public Works shall provide written notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmitted application. An application which is determined to be incomplete may or may not retain its same processing cycle. B. Subdivision or Common Development Plan Access. Upon approval by its Director, the Department of Public Works may require one access permit at the location where the proposed common development plan or subdivision accesses to the County road to reduce the administrative burden on staff and applicants requesting permits concurrently for multiple lots. Such "development access" is subject to a development review application. C. An access permit fee shall be paid, in full, at the time of the access permit application. The fee for an access permit shall be determined by resolution or ordinance of the Board of County Commissioners and shall be shown on the access permit application. D. Review Process. The application and information provided by an applicant for an access permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws and codes. If the Department of Public Works finds the information and supporting documentation in the application for an access permit conforms to the policies and requirements set forth in this Article XIV, meets the requirements defined in the Weld County Engineering and Construction Criteria, as shown in Appendix 8-K, or in other pertinent laws, regulations or ordinances, and that all required fees have been paid, an access permit shall be issued to the applicant. E. Changes in Approved Permit. An approved permit shall not be changed, modified or altered without written authorization from the Department of Public Works. All work shall be done in conformance with the approved permit. F. Permit Limitations. An approved access permit expires after one year from its date of issuance and requires the permit holder to meet the specifications and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-K when working on the permitted access. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. Sec. ,®14050. ® ermit hol; er's g - neral res •eons 3E I atoes A permit holder is responsible to comply with the general provisions of this Code, including temporary accesses permits issued for the following items: Additional requirements and more detailed information are shown in the special provisions of the access permit. A. Utility Locates. The permit holder shall be responsible for contacting the Utility Notification Center of Colorado (811) for utility locates at least seventy-two (72) hours in advance of the access construction, if excavation is required. B. Traffic Control. Access construction activities shall not interfere with traffic on County 11 roadways. If interference with traffic is required, a traffic control plan shall be submitted to, and approved by, the Department of Public Works as part of the permit application. All traffic control shall conform to the most current version of the Manual on Uniform Traffic Control Devices standards, which is available for review on the Federal Highway Administration website. All regulatory signs require approval of the Board of County Commissioners. If applicable, the permit holder shall be required to install all necessary signage and shall bear all expenses for the fabrication and installation of road name signs, permanent barricades, and signs required as part of a development project (e.g., one way, n o parking, no outlet, stop sign, speed limit, etc.). C. Drainage Interference. A permit holder shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected, the permit holder is responsible for the proper disposition of the runoff in accordance with Section 8-11-40 of the Chapter. D. Tracking control. Permanent vehicle tracking controls provide stabilized site access where vehicles exit a location onto a paved road. Vehicles are required to perform a complete revolution of all tires prior to entering a County -maintained roadway. Effective vehicle tracking control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial o r high traffic volume accesses shall provide permanent tracking control devices, which include, but are not limited to, double cattle guards or a paved (asphalt/concrete) tracking pad extending three hundred (300) feet into the site to mitigate impacts to the public road, including damages and/or offsite tracking of mud or other materials. Requests for temporary tracking control techniques must be approved by the Department of Public Works prior to installation. Temporary tracking control shall be used during construction u nless permanent tracking control is installed ahead of construction activities; such devices include, but are not limited to, crushed natural aggregate (recycled crushed concrete or asphalt shall not be used for any vehicle tracking pads) along with a geotextile fabric or pre -fabricated vehicle tracking pads with approved dimensions. Use -by -right permitted agricultural accesses are exempt from tracking control requirements. Tracking control is required for construction of accesses to prevent tracking from the site onto paved public roadways. The permit holder may be held financially responsible for damage to the roadway resulting from inadequate tracking control. All tracking control devices and designs must be in accordance with the Weld County Engineering and Construction Criteria, Appendix 8-K. E. Access Construction, Restoration and Clean-up. The permit holder is responsible for installation of the correct culvert size(s), materials, and the cost of installation for new access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a county roadway. Accesses should be constructed in a manner that minimizes erosion and does not result in disposition of silt and debris upon the county roadway or roadside ditches. Accesses which slope down toward the County road will be constructed to assure that water does not run onto or across the traveled public way. This may include designing the crown, borrow ditches, pans, or other elements so that they direct water to the existing drainage facilities along the road. The permit holder shall assume all responsibility for removing all debris associated with the access construction activities and restoring the County roadway to pre-existing conditions. The access permit allows construction of the access without the n eed for obtaining a separate right-of-way permit pursuant to this Chapter. Installation of commercial/industrial access(es) may require a traffic control plan to be approved with the access permit. the permit holder, upon notification from the Department of Public Works, 12 shall correct any items not consistent with the approved access permit within fourteen (14) days. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the Department of Public Works, the County may remove the access or perform the restorations and invoice the permit holder for the expense(s) incurred by the County. F. Access Sight Distance. Sight distance is essential to protect the traveling public at all access points along County roadways. Sight distance is the length of roadway that is clearly visible to the driver and is dependent upon the height of the driver's eye above the road surface, the specified object height above the road surface, and the height of sight obstructions within the line of sight. The minimum sight distance available on a roadway must be sufficient to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object. In evaluating the overall performance of a roadway, both the horizontal and vertical sight distances must be considered. When items such as walls, buildings, bridge piers, cut slopes, or vegetation growth are near the roadway on the inside of a curve, they can block a driver's view of the road ahead. If they are too close, the driver will not have sufficient distance along the curved roadway to stop when a hazardous condition comes into view. The minimum requirements and technical criteria for sight distance are in the Weld County Engineering and Construction Criteria, Appendix 8-K. Sec. 844-60. arllance from specific access per requrements. A property owner may request a variance from specific requirements set forth in this Article XIV. The Department of Public Works will consider requests for variances on a case -by -case basis. Requests for variances may be submitted in a written letter to Public Works addressing the hardship or justification for the variance and supporting documentation to explain why they cannot comply with the requirements as outlined in the Weld County Engineering and Construction Criteria, Appendix 8-K. Requests will be reviewed and acted upon by the Public Works Director or designee to ensure they will adequately protect the public health, safety, and welfare. Public Works will respond with an approval or denial within thirty (30) days of receipt of the variance request. Sec. 4=7O Appe ni;d of access permit. If an access permit is denied by the Department of Public Works, or the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code. Sec. 8=14m80. = E of rcement. A. Violations and Penalties. The County, through the Department of Public Works or other departments so authorized, may enforce this Article XIV through methods included in this Section, or through other methods adopted by the Board of County Commissioners. Criminal Penalties. 1. It is unlawful to construct a new access onto a County road, or reconstruct, pave, alter, enlarge or change the use of any existing access onto a County -maintained road unless an access permit is first issued. Any person, firm or corporation violating any 13 provision of this Article XIV is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment, for each separate violation. Each day during which such work on an illegal access continues shall be deemed a separate offense. 2. Whenever the Department of Public Works, through one (1) of its employees, has personal knowledge of any violation of this Article XIV, it shall give written notice to the violator to correct such violation within sixty (60) days after the date of such notice. Should the violator fail to correct the violation within such sixty (60) day period, the Department of Public Works may request that the Sheriff's Office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriff's Office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriff's Office and Department of Public Works and one (1) copy shall be transmitted to the Clerk of the Court. The County may install barriers across or remove any access not conforming to this Article XIV during the pendency of the enforcement action. 3. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney. 4. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violation of this Article XIV. C. Revocation of Access Permit. Should the applicant or any subsequent property owner fail to abide by the terms of any associated improvements agreement, the Board of County Commissioners may revoke the access permit. Such revocation may subject the applicant or any subsequent property owner to the penalties outlined in this chapter, or any other enforcement mechanism provided by law. D. Equitable Relief in Civil Action. In the case of any violation of this Article XIV, the County Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation. E. Civil Penalties. In addition to any of the penalties set forth above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Article XIV may be subject to the imposition, by order of the Weld County Court, of a civil penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article XIV, the remedies set forth above, or both. Each day after the issuance of the order of the Weld County Court, during which such unlawful activity continues, shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. 14 In no event shall civil penalties, imposed pursuant to this Subsection, constitute a lien against the real property. F. Inspections. The Department of Public Works or other County departments may conduct an inspection of each access that is the subject of the access permit to ensure full compliance with all provisions of this Article XIV and the terms of the permit. G. Failure to Comply with Requirements of Issued Access Permit. Failure of the permit holder to comply with any of the terms and conditions of an issued access permit shall be sufficient cause for cancellation of the permit and may result in the removal of the access and its appurtenances by the County at the permit holder's expense. H. Access Permit Issued Erroneously or Upon Incorrect Information. Any access permit which has been issued in error or on the basis of incorrect information supplied by the permit holder, shall be considered void. In the event an access permit is void, no refund of permit fees shall be made unless the access permit was issued in error by the Department of Public Works. I. Notice Regarding Illegal Access. An "illegal access" is considered to be any access not permitted. Existing accesses constructed prior to 2010 should obtain an access permit at n o charge. For an illegal access, the property owner shall be sent written notice of any illegal access location or use. The owner shall be given sixty (60) days notification of pending actions, after which the County may install barriers across, or remove, any access n ot conforming to this Article XIV. Any access, driveway or curb -cut being constructed within County right-of-way without an approved access permit shall be required to stop work immediately and apply for an access permit. If the permit is approved, work may continue subject to the conditions of the permit. If the permit is denied, any work that has been completed must be removed and the road and drainage facilities returned to pre- existing conditions acceptable to the Department of Public Works, upon completion of any appeal or the time for appeal pursuant to the provisions of Section 8-14-70, above. S ec. 8-14-90. - County authority. Notwithstanding the issuance of any access permit or the construction of any access, Weld County reserves the right to make any changes, additions, repairs, conditions, and relocation or closure of any part of an access within the County right-of-way at any time, including, but not limited to, in connection with the relocation, reconstruction, widening and maintaining of the road or right-of-way, without compensating the owner of the access for the damages to or destruction of the access. S ec. 8-14-100. cc ss Control Plans (ACPs), and additional techniques and requirents for access on C • unty ro,dse A Access Control Plans. The purpose of an Access Control Plan (ACP) is to maintain and enhance the safety and mobility of a corridor while also providing reasonable access to adjoining properties. Each intersecting driveway and street are an access point that increases the potential for conflicts between through -traffic and traffic using the access. Access management is important for protecting the public health, safety, and welfare by enhancing the safety, mobility, and reliability of the transportation system. An ACP establishes and documents standards and policies for developing a roadway corridor through cooperation among the stakeholder local governments and agencies in the 15 vicinity. ACP's are typically developed by one or more local governments and/or agencies or, in some cases, prepared on their behalf by a consultant. A_ocal governments and agencies agree to adhere to the standards and policies of the ACP and the ACP places responsibilities on owners and/or lessees of property along the corridor. Weld County recognizes that property owners have a right of reasonable access to the County road system. However, within an environment where development promotes population and employment growth, impacts to the roadway network are inevitable. Increasing traffic volumes will affect mobility by raising travel times anc delays in the system, increase safety concerns due to a greater potential for crashes at intersections and access points along the road, and impact travel reliability due to higher numbers of incidents and accidents. Roadway improvements, such as widenings may address many of the roadway capacity and travel delay issues associated with land development. Traffic signal and roundabout installations can improve safety and mobility at intersections. Access management along a corridor will likewise have positive impacts on safety and mobility by reducing potential conflicts and delays in the travel stream. As development occurs and roadway improvements are made along a corridor, access management techniques are applied to decrease the number of access locations if possible and reduce the impact to mobility through design standards and mitigation improvements such as auxiliary/turning lanes. On corridors with an adopted ACP in effect, recommendations for each existing and future access location and policies that guide future access management efforts will be enforced. Access Operational Movements. When a safety concern is present at an existing or proposed access, Weld County may restrict or modify the type of access operation to ensure traffic safety movement at the access. Full Movement Access. All potential movements for the access are allowed. 2. Three -Quarter Access. All movements allowed except a left turn out of the access. 3. Right-in/Right-out Access. Only right turn in and right turn out movements are allowed. C. Access Control Techniques. A reduction in accesses onto a County road will improve traffic flow, operations, and safety of the traveling public. To reduce the number of existing access points, applicants may be required to implement the following access control techniques to reduce conflicts while maintaining adequate access to adjacent land uses. 1. Elimination. Applicants may be required to eliminate accesses identified as unsafe locations, where there are more than two existing accesses for a parcel, or do not meet spacing requirements identified in the Weld County Engineering and Construction Criteria document. 2. Relocation. Applicants may be required to move or relocate existing accesses to a new location to either align with other existing accesses or to meet spacing requirements. 3. Consolidation. Applicants may be required to consolidate multiple accesses into a single access or coordinate with neighboring property owners to consolidate existing accesses into shared accesses, whenever feasible. 16 4. Movement Conversion. Applicants may be required to convert their access movement through medians treatments to eliminate some or all turning movements in order to reduce the number of conflicts between left turning vehicles and through vehicles on the roadway. D. Access Types. Access type refers to the land use on the adjoining property that the access serves. An approved access permit helps establish the access use and existing level of intensity to the property. The following access types are the most common in Weld County: 1. Agriculture/Field/Ditch Access. Support farm and ranch operations with a low trip generation generally used during planting and harvesting seasons. 2. Residential Access. Driveways to residences and are considered a low trip generation with approximately ten (10) vehicle trips per day. 3. Commercial/Industrial Access. Serves businesses, schools, oil and gas facilities and are considered to have heavier vehicles (ESALs) and/or high trip generation. 4. Multiple Use Access. Shared accesses where two or more properties utilize the same access. 5. Future Access. These locations may have been previously approved but has yet to be constructed or may be an existing parcel that cannot obtain access to a side road and would otherwise be considered landlocked but fall into the requirement of being afforded one access per parcel. 6. Temporary Access. Road access which will be closed after being used for a limited time may be considered a temporary road access. A temporary access permit may be granted by the Department only if the temporary access meets minimum County traffic safety and operational requirements, including sight distance and is not intended to exceed eighteen (18) months. E. Auxiliary Turn Lanes. Auxiliary lanes maintain the safety, traffic flow, and operation of a roadway or access. Auxiliary lanes are required when unique location factors exist such as roadway speed and traffic density, access volume, the volume of commercial trucks, the influence of nearby accesses, existing auxiliary lanes close to the proposed access, nearby traffic control devices, available stopping sight distance, and other topographic or roadway design factors. When applicable, the access permit holder is responsible for design, installation, any right-of-way acquisition needed to accommodate the required lane width. Required auxiliary turn lanes must be installed according to the following traffic triggers: 1. A left deceleration lane with storage length plus taper length is required for any access with a projected peak hour left ingress turning volume greater than ten (10) vehicles per hour (vph). The design elements for a left turn lane are the taper length, lane length, and storage length which in combination make up the left turn lane. 2. A right deceleration lane with storage length plus taper length is required for any access with a projected peak hour right ingress turning volume greater than twenty- five (25) vph. The design elements for right turn and deceleration lanes are the 17 approach taper, lane length, and storage length which in combination make up the right turn lane. 3. A right turn acceleration lane with taper is required for any access with a projected peak hour right turning volume greater than fifty (50) vph and a single through lane in the direction of the right turn. The design elements for a right acceleration lane are the transition taper and acceleration length. 4. A left turn acceleration lane with transition taper may be required if it would benefit the safety and operation of the roadway. A left turn acceleration lane is generally not required when the acceleration lane would interfere with the left turn ingress movements to any other access. Further auxiliary lane design criteria can be found in the Weld County Engineering and Construction Guidelines. F. Closure or Elimination of access. When an access is closed, abandoned or eliminated the permit holder shall assume all responsibility for any activities related to the closure/elimination and reclamation of access points stipulated to be removed. In the event the issuance of an access permit requires an existing access point to be "closed and reclaimed" it shall be completed by the stipulated date on the permit. If the county is closing an access, the property owner will be notified in writing, prior to the closure occurring of the date the County will close the access. Closure and reclamation activities may include, but are not limited to, reestablishing the profile of the burrow ditch, removing any culverts and gates in the fencing adjacent to the maintained right-of-way, and attempting to reseed the affected area located in the right-of-way with natural vegetation to the satisfaction of the Department of Public Works. G. Roadway Improvements. Projects with high traffic/trip generation or a crash history may require public improvements; including but not limited to, auxiliary lanes, such as acceleration and deceleration lanes, exclusive left or right-hand turn lanes, or a traffic signal, in accordance with the Weld County Engineering and Construction Criteria, as shown in Appendix 8-K. If these types of roadway improvements are required, the permit holder will be responsible to enter into an improvements agreement with collateral. The agreement shall be approved by the Board of County Commissioners. H. Road Maintenance Agreements. Accesses may require a road maintenance agreement or a temporary construction maintenance agreement as a condition of granting the access permit. Possible mitigations shall be set forth in the maintenance agreement. The agreement shall be made in conformance with the County's policy for improvements agreements. The agreement shall be approved by the Board. Violation of the road maintenance agreement will constitute a violation of the permit and may subject the applicant to revocation of the permit and/or other enforcement. PPE IX 8-P. &9d C * unty Enghieerdn anc C c. nstructdon Caterria Traffic 8rnpact Stuthes. The purpose of a Traffic Impact Study (TIS) is to analyze the effects of a proposed development or other land use action on the county's transportation system to determine if adequate facilities exist to serve the proposed development and to clearly identify any improvements required to mitigate the impacts on the transportation system. The guidelines in this chapter are intended to ensure consistent, proper traffic planning and engineering 18 practices within the county, and to establish a standard process for preparing and presenting a TIS. A.1 Traffic Impact Stu nsiboiity and QuaHI cations. The land use applicant is responsible for assessing the traffic impacts associated with a proposed development or other land use action. TIS's shall be prepared, stamped, and signed by a registered professional engineer licensed in the State of Colorado with appropriate experience in transportation and traffic engineering. The Public Works Department will review and approve all traffic narratives or impact studies. 8P.1.1.5 Traffic Irn pact Study Scoping. If a representative from the Department of Public Works is unable to attend a pre - application meeting, the land use applicant is required to contact Public Works to arrange for scoping of the TIS. The purpose of the scoping is to determine and document the parameters for the type of impact study required for a specific development project. The parameters determined in the scoping represent general agreement between the county and the consulting engineer, but they may not be all inclusive. Public Works retains the right to require any additional information and/or analysis to complete an evaluation of the proposed development project. It is incumbent upon the applicant to supply completed a traffic memo or TIS checklist form and be prepared during the pre -application or scoping meeting to discuss: 1. Previous TIS prepared for the site, if any. 2. Location of the site. 3. Existing and proposed access(es) and their relationship to adjacent properties and their accesses. 4. Preliminary estimates of the site's trip generation, trip adjustment factors, if any, and trip distribution at build -out. 5. Anticipated roadway improvements. 6. Special analysis needs. Completion of the TIS/Memo scoping will result in a mutual agreement between the County and the land use applicant regarding the level of detail and extent to which the traffic narrative or TIS will need to address each of the following: 1. Study area for the impact analysis. 2. Other development to include. 3. Existing intersection counts. 4. Intersections to be studied. 19 5. Background traffic volume forecasts. 6. Special Analysis needs (this may include consideration and/or comparative analysis of modern roundabouts as intersection control type). As part of the development review process, all new commercial or large residential developments will be required to submit a TIS that is prepared, stamped, and signed by a registered professional engineer licensed in the State of Colorado, unless the TIS is waived by Public Works. To be deemed complete and acceptable, each TIS should contain the elements included in the checklist shown in this Appendix 8-K. 8P.1.2 Up atin Existing Traffic Impact Studies. The following scenarios will require the preparation of an update (or amendment) to a previous study, or the preparation of an entirely new study. 1. When the time or circumstances of the original study fall within the parameters presented in Table 8K-1, the applicant shall prepare the appropriate documentation identified in Table 8K-1. 2. When the original study was prepared for a large, complex, or phased project and was designed, organized, and written to function as a "base" or master plan document for future development applications, it must include updates to the County Comprehensive Plan found in Chapter 22 of this Code. (These types of studies require scoping consultation with the County prior to their preparation.) Table 8P-1 Updating an Existing TUS Updating an Existing TIS Changes to the Original Development Original Access changed, or trip Report is: generation Increased by 15% � 'Amendment letter: identify and Letter documenting change(No other traffic 2 years discuss only items that old requirements) changed V• Access did not change, and trip increased by 15% ..••••v4.••••_____..__..._.__.. >2 years old New study Amendment letter: provide new traffic counts, new trip generation, new LOS analysis, meet all TIS requirements 20 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Amy Mutchie Monday, June 24, 2019 10:12 AM Cheryl Hoffman Elizabeth Relford 2019 ROW Use Permit application_revision 062019 2019 ROW Use Permit application_revision 062019.docx Hi Cheryl, Here is the revision to the ROW Use Permit policy Appendix 8-P for second reading. No change to the Ordinance itself. No change to 8-P other than the position of the signature line and removing the application information pages and fee schedule. Elizabeth- The Engineering Design and Construction Criteria will need to change to 8-Q because 8-P is already in use with the ROW Permit. 1 !-��S p F `1 un 91, in, a ` 3 F� 1 1��?�1.t� * at Cst, R - _t. t 1 �? 7 e14 e• s,J'F�' U'`v t `tom `s e�t;o it H 61 T! `'" [� �y7 b a 't -a L:'1 fang Peir' it Use type: ,e dene4-9-70----304-64-% 7O- O €4 Utility Oil and Gas Private Remediation A-nm+a-1 Li-ne Abandonment or Retire C79-.�� 4 ie tee f -F , . -C y �j q�, a= .� 2 Ge and !� �h u �+ 'tv' � d V Zoa �4�`d' J � �c.� 9 b If''S: 'iY" Contact Name: Address: Nrcheacv.c�.,5 w S tiw o E mail: f+-ce) (cell) Agent: Business N$me: Contact Name: Primary f ontractor: Contact Name: Address: Po Box: Contact Phone: (-o$t4ee; X44 E mail: Secondary Contracts -r: Business Name: Cont-amt Name: _ Contact Phone: (e#i-ce-) Contact Phone: (office) ,aa-I : Traffic Caatroi Gontc Contact Name: Co-nta c P -h o n -e : E mail: --(office) _ (cell) Business Name: Contact Name: Contact Phone: (ee-I-l-) €-mail: E mail: rte, �a u�'1'. hc."�`.'+u �. 1! a u ` �'1.:!-: �"'a✓' Cent- --Rho e: (-office) E-mail: (cell) Pr -eject kame. -LecatianCR Between CR _ an -et --C R ROW: ROW Width Recording Information Road Classification: Local Collector Project Classification: Residential Arterial Commercial Municipal Parcel N-umber:Parcel Number -(Opposite side for crossing,), Legal (Section/Township/Range): _ Service Address- - -Yes No Grading Permit tt: CDPHE Permit if: Planning Case tt Other Permits: Asphalt Concrete Gravel Treated Gravel Outside of Roadway U-nrnainta-in-ed N�t-ive Ct r T, .e1—Usen -eh-ec k all that a p p l y Communications Eeec-tric Potable Water Non Potable Water San y --sewer Natural Gas Utitity Water Other re e Oe i esc -p e -Of -( ;ec . Construction Detail (check or complete all that apply): •fie-t-ype ° A p --u rt-e-n-a-n-ee Cable C-a-s-i-n- '—S- e-e-ve- Condit --Fiber optic Cam s -e -f -Li- Asbestos -Concrete (AC) Aluminum Carbon Steel Cond-uctor Copper PVC Steel Flex -Steel Ductile Iron --Polyethylene (PE) HDPE Lay flat CMP RCP Other Appurtenance type: Cabinet Manhole Meter H-ahel hole V e tility-pole Pede-s-ta-I V 1t Other (Describe) ° h ^9 malS° Classification of Work: Temporary New Service Maintenance Occupation Relocation Disconnect Surveying ot-�ioIing CuIvert- r-st-all Tree T-4m-m4n-g Road improvements Road maintenance Traffic control Retire or Abandon line Oth Construction Methods: Directional Bore Open cut Excavation -Tren in -g Plow Gravel placement Topsei-l-r-e-p-l-a-c-amen : Debris re m ov-a-I Snow removal Reseeding Rest-eFation-Methects4 Future location markers --etaiIs: Length- Width Flowable fill Compaction testing Non shrink Grout Structural fill Road base d-uct Native material Reseeding Mu-Iching Erosion Control •Re - a geed Start date: r ejected —Cam - -S Frew- -� fl ec --yes N o _ An - di ionaI i-nformation As fe-Cfblired-By-Sta-ff: 4& tl Vs ID Administrative fees and Review -Standard 2}-- 4-p-p4-eati&n and Review- Anne _ 3) Permit revision ) Permii ovte lion 5-}-nspection outside normal hours 1) -Bore C r©-ssri-n-g--w�b th-p-i u d e -R a) Line out -ride diameter < 12" b) Line outside diameter 12" to 20" 11 $15-0.00 $306.00 $ 75.00 $15-0.00 minimum 2 hours) 5-5-0,00-“y0,3-0/LF $ 75.00 ► $0.30/LF i 2-)- B -e- e-Gros-s-i-ng-w/ one (-1-) or both pits within ROW a) Line e -aside d-iameter—< 12" b) Line outside diameter 12" to 20" c) Line outside diameter > 20" -Roadway a)—hi-sae-©-utsi`dt d i-a m ete r< 1-2" $ 75.00 + $0.30/LF $100.00-4-$0.30/LE $125:00 4- $0.30/LE $ 25.00 $0.30/L -F b) Line outside d-i-amete-r-12" to 20" $ 50.0-0 + $0.30/L -F c) Line outside diameter > 20" _ /I) Open cut Asphalt or Chipseal < 5 y ors old $5.0 5-r Own-c-ut AspbaIt or Chips al 5 --years old $2 6) Open cut Treated Gravel-Su4a-ce 7) Open cut Gravel Surf-aee 8 9 Parallel installation Outside roadway ch width up to 12" b-)---Treneh width 12" to 20" c) T r -e -n c h -wash —>-230" Pothole/Test hole 8" or less a) Asphalt or Chipseal Treated Grave 1 Su rfa €4 -Gravel Surface 4)— Outside roadway 11) Appurtenances a) <3SF b) > 3 -SF 13) a) Failure to obtain a Permit 5:00 - -2- 0-/-S-F IAAinimu-m-$50.00 X00/SF Minim -um $50.00 $o-3.9/LF $0.60/LF $0.9%F $50.00/each $50.00/each $25.00/each $-1900-/e-a-c-k4 $0.25/ LF Minimum $50.00 $50.00/eac-b $17 5.00/ea.ela Total e- al -I fees X days deli-nq-uent b) Saf$250.00 a) -<12" 11 :irement of-ti-ne in ROW $75.00 + $0.50 LF 0.50 LF i RIGHT1I.tFWfiiY USE PERMIT APE flX.8P The intent of the Ri:ht-of-\iVay Use Permit is to rer elate and permit the use of Weld County's public right-of-way by priva3e companies, municipalities and/ir special dis:ricts constructing and burying lines either crossing (or running parallel within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed 'or lines of "pu J lic utilities" that are defined i:i CRS 40-1-103 and are "domestic or foreign electric light power, r ;s, or pipeline companies" holding current Certificates of Public Convenience and Necessity Sued by the Colorado Public U:ilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for transmission lints or pipelines used solely for agricultural purposes; for fresh water above -ground transfer pipelines; for lines in ntn-maintained right-rf-way if approved by Weld County based upon lttcatk nal factors, such as, surrounding population density, topography, or if the right-of-way provides access to a recorded exemption I r.t, and with Permittee's agreement to move the lane at its sole expense if Weld County or an annexing municipality intends to improve the right-of-way; or if authcsrized by the Board of County Commissioners in an appeal of the denial of a Right -of -Way Permit application, pursuant to Weld County Code Section 843-110. Public right-of-way subject to regulation by the Ri:ht- f -W. ay Use Permit includes Weld County's maintained and non -maintained, and all public drainage easements. A Right -of -Ways Use Permit grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construc ion of faciliti s within the County right-of-way and provides for their subsequent restoration upon compl_tion of the Project. The P-'rmit is issued solely for the Perrittee's and its Contractor's construction of the Project. Permittee is prohibited from changing the use f•f the Project hi any way withc.ut first obtaining a new permit. 6 SUB :viI AL REQUIREMENTS Completrapplicatin. Permittee must submit a complete Right -of -Way Use Application and include required submittals for review and consideration of its Project. If the Project is approved, a Right -of -Way Use Permit will be issued to the Permittee. It is the Permittee's responsibility to inform its Contractor of all Permit requirements, Provisions, and attached Special Provisions. 2. Drawing, plan set, and map. A drawing, plan set and map are required to be submitted with the Application. Detailed plan(s), sketch, and/or map(s) showing the work location and roadway, edge of roadway, County ROW lines, at least one crossroad, and a legend. It is preferred, that drawings be 11x17 or capable of being printed out in 11 x 17. All underground installations must include a cross section typical showing depth of line being installed per County requirements based on the lowest point of the County ROW and show the County ROW width. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. 3. Traffic Cr*ntrI Plano A Traffic Control Plan (TCP) or Method of Handling Traffic (MHT) must be submitted and approved prior to Permittee's commencement of work. Permittee shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) in drawing form; narratives will not be accepted. (a) Flaggers shall be required at any locations where there is encroachment into a travelling lane. (b) Full road closure requests must be prepared by and signed by a Traffic Control Supervisor (TCS). (c) Full road closures exceeding three (3) days shall require approval of the Board of County Commissioners. 4. Insurance. Permittee and/or its Contractor shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its sub -contractors, members of the public who use the right-of-way associated with the Project, and Weld County, Colorado, from claims for bodily injury, death, or property damage which may arise from the construction of the Project, or caused by the facilities which are constructed as permitted herein. The B• and f County C•;mmissinerrs of Weld County, Colorado, its officers, and employres must be named as an "Additional Named Insureds" in all liability insurance policies secured by the Permittee and/or its Contractor. The following insurance policies and amounts are required. Certificates of insurance evidencing such policies shall be delivered to the Weld County Department of Public Works: (a) Statutory Worker's Compensation. (b) Contractor's public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Aggregate $2,000,000 (c) Automobile public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Sa Bonding and Surety. If determined necessary by Weld County's Department of Public Works, Permittee shall provide a surety bond or other security for the total amount required to restore the right-of-way under which the Project is to be installed or constructed, based upon current Weld County Department of Public Works contract prices for the performance of such work. Said collateral shall remain in effect for a period of two (2) years after inspection of completed construction by Weld County Department of Public Works. Whether or not covered by a bond, Permittee shall reimburse Weld County for all expenses incurred by it as the result of, or related to, the failure by Permittee or its Contractor to perform all installation, construction, maintenance or other work pursuant to this Permit in a workmanlike manner. 6. Geotechnical Submittals. The Weld County Department of Public Works reserves the right to request from Permittee geotechnical submittals if deemed necessary. The grant f this Permit is conditioned upon Permitter -='s and its Contracts is c�• Cnstructi: n Pr_..visi ns, Pipeline Provisions (if applicabla), and General Matters set f Permittee and its Contractor agree to comply with the t -y: rms and c*nditions set f :•,rth her-. S GENERAL PROVISIONS 1. Permit Required. st, mpliance with the General Provisios, girth below. By accepting this Permit, in. (a) Commencement of construction prior to receiving an approved Permit will result in applicable penalties (see emergency repair section for exclusions listed as item number 12). (b) Contractor must have a copy of this Permit on site during construction of the Project. (c) This Permit requires commencement of construction within three (3) months from date issued unless otherwise stated. The Permittee may apply for an extension if work is not completed before the expiration of three (3) months. All applicable fees must be paid before extension will be issued. 2. Inspection. Inspection of work performed in Weld County right-of-way is required. The Weld County Department of Public Works must be notified 48 hours prior to commencing all work within Weld County right-of-way. Final inspections are required. Weld County shall have the right to order Permittee or its Contractor to stop work anytime Weld County believes that a violation of this Permit has occurred or if there is a danger to the safety of the public if the work continues. 3. dditional Permits. Permittee shall be responsible for obtaining all other state, federal, or local permits which may be required of Permittee and/or its Contractor to install and/or maintain its Project. Permittee shall provide evidence of such other permits upon request by the Weld County Department of Public Works. 4. Determination of Placement. Weld County reserves the right to determine the specific placement of the Project within its right-of-way. Sa Suspension of Work. Weld County's Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of Permittee to properly execute the work in accordance with this Permit. Notwithstanding the issuance of this Permit, Weld County reserves the right to make or to require Permittee to make any changes, additions, repairs or required relocation of any facilities within the dedicated right-of-way at any time. 6. Setback Requirements. By accepting this Permit, Permittee hereby waives its right to require industry setback requirements which it might otherwise require from other utilities which may be placed in Weld County's right-of-way and relinquishes its authority over the placement of all other electric, power, gas, communications or other conduits, pipelines, appurtenances, or irrigation structures which Weld County may allow to be placed in its Right-of-way. Weld County must approve location prior to construction. 7. Compliance with Utility Notification Requirements. Permittee and/or its Contractor shall comply with all applicable requirements of C.R.S. §§ 9-1.5-101, et seq., and be responsible for locating all existing utilities and registering all new lines with 811. Contact the Utility Notification Center of Colorado at 811 or 1-800-922-1987 at least two days in advance of digging. Markers and flags are valid for 30 days. Permittee must remove all utility locates such as flags and marker pins from the right- of-way once the construction is complete. Any subsurface utility engineering notification sent to the Colorado Notification Association shall also be sent to the Weld County Department of Public Works. 8. No Damage to Other Projects. No culverts, irrigation structures, drain lines, utility lines, or any other Projects or facilities within the right-of-way are to be cut or damaged. In the event Permittee or its Contractor damages an existing facility, Permittee shall first notify the owner and either immediately repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the desires of the owner. 9. Emergencies. Permittee shall report all emergency repairs to Weld County Public Works immediately upon being advised that an emergency exists. During such repairs, Permittee shall utilize proper traffic control measures. Permittee shall apply for a Right -of -Way Use Permit and make the required repairs as soon as practicable after the Weld County Department of Public Works is notified of the emergency situation and the need for such repairs. In no event shall such repairs be completed later than 24 hours after receiving such notification, unless adverse weather conditions prohibit the repair process. 10. Changes Made to the Right-of-way - Permittee's Financial Responsibility. In the event changes are made by Weld County to the right-of-way or appurtenances within the right-of-way that would necessitate removal or relocation of the Project, Permittee shall do so promptly at its own expense upon the request of Weld County. 11. Permittee Responsible for All Project Related Expenses. The construction, operation, maintenance and repair of the Project constructed by Permittee, and all other improvements described in this Permit, shall be at its own expense and without the aid or use of Weld County funds. 12. Permittee Solely Responsible. Permittee or its successors and assigns, remains solely responsible for all matters pertaining to the Project and all costs associated with or oertaining to the Project. These responsibilities include, but are not limited to, the following: repair and maintenance of the physical components of the Project; removal of the physical components of the Project upon retirement of the use or following the request of Weld County to remove the Project; cooperation with Weld County and other Permittees whose projects are placed in Weld County's right-of-way. 13 . Successors and Assigns of Permittee. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors, and assigns., CONSTRUCTION PROVISIONS 1. Road Crossings. All underground installations crossing maintained or non -maintained Weld County roadways and right of ways shall be by directional bore unless otherwise approved by Weld County Public Works. 2. Parallel Installations. Parallel installations within the untraveled portion of Weld County right-of-way may be performed by bore, trenching, plowing, drilling or excavation. 3. Bridge Structures. (a) No lines shall be attached or otherwise placed along or upon any Bridge structure or wing walls. (b) No continuous line shall be installed crossing under a bridge structure. (c) Underground projects installed parallel to a bridge structure must maintain a minimum clearance of five feet (5`) from all wing walls and pilings. 4. Minimum Cover for County right of way installations. All depth requirements are minimums and are subject to approval or modification by the Department of Public Works based on engineering and safety standards and existing utilities in the right- of-way. In no event shall any facilities be installed in Weld County right-of-way at depth less than four feet (4') from top of line measured from the lowest point of the right-of-way. (a) Dry utilities shall be installed at a minimum depth of four feet (4') from top of line measured from the lowest point of the right-of-way (flowline). (b) Wet utilities shall be installed at a minimum depth of six feet (6') from top of line measured from the lowest point of the right-of-way (flowline). (c) All types of oil and gas lines shall be installed at a minimum depth of ten feet (10') from top of line measured from the lowest point of the right-of-way (flowline). Concrete surfaces shall be crossed at a minimum depth of fifteen feet (15') from top of line measured from the lowest point of the right-of-way (flowline). (d) All line types crossing Non -maintained right-of-way shall be at a minimum depth of four feet (4') from top of line measured from the lowest point of the right-of-way (flowline). (e) Culverts must have a minimum of twelve inches (12") of cover. So Daily Construction Requirements, At the end of each day during the installation and construction of the Project, Permittee shall observe the following requirements: (a) Working hours allowed under this Permit are from Sunrise to 1/2 hour prior to Sunset. (b) All materials shall be removed a minimum of ten feet (10') from outside edge of the road shoulder. (c) All excavations upon the traveled portions of the right-of-way shall be back -filled in accordance with the compaction requirements set forth below unless otherwise approved by Weld County. (d) All traffic signs must be in place per the approved Traffic Control Plan or removed or covered if not applicable to nightly activities. 6. Equipment Movement and Equipment Crossings, (a) Movement of cleated or track equipment is restricted to the immediate work area. Equipment shall be transported to a proper unloading area. No cleated or track equipment may work on or move over any road way surface without mats. (b) Equipment crossings, in line with the Project, shall be built up level with the road surface with a practicable anti -tracking material to prevent damage to the road surfaces and shoulder areas. Crushed concrete is prohibited for use as a surface material. A minimum of a twelve -inch (12") culvert shall be placed in ditch areas under tracking pad to maintain proper drainage. Existing ditch and upstream and downstream culverts must be observed in determining appropriate drainage culvert size. 7. Site Markers, Permittee shall mark the site of the construction of the Project, whether permanent or temporary, with markers acceptable to Weld County Department of Public Works. Markers shall be placed as far from edge of road as to not interfere with normal road maintenance. 8, Future Line Location. The installation of non-ferrous lines in the right-of-way shall require a suitable means to facilitate future line location such as, but not limited to, metallic warning tape installed above the line and registration with 811. 98 Concrete Surfaces. There is a strict no cut policy on all concrete surfaces, which includes potholing. Any damage or cutting of concrete surfaces will result in the Permittee being responsible for the cost of a full replacement of concrete panel(s) by a Contractor approved by Weld County. Bore grout may be required for concrete surfaces. 10, Asphalt Surfaces. Asphalt surfaces are not to be cut unless approved by the Weld County Department of Public Works. If an asphalt surface cut is granted, the cut shall be repaired with a flowable fill cement (refer to Section 11. Compaction Requirements, below) and hot bituminous pavement and/or concrete placed at a thickness of existing plus one (+1). 11, Compaction Requirements, (a) All compaction of backfills and road surfaces shall be compacted in accordance with the most current versions of the Colorado Department of Transportation (CD0T) Standard Specifications for Road and Bridge Construction and Field Materials Manual. (b) All backfills located within an existing asphalt surface or under the asphalt not currently in place but will be as part of a new road construction, must be compacted using flow -fill cement in the upper three feet (3') of backfill. (c) If any wet or non-compactable materials are produced from excavations, they shall be completely removed from the right-of-way and replaced with compactable materials. the right-of-way shall then be returned to the original grades and cross sections. Weld County Department of Public Works shall have the authority to determine what materials shall be discarded and what materials shall be acceptable as replacement. I (d) On gravel roads where excavation materials are stacked on the road surface, road base of 3/4 -inch surface gravel as specified in Chapter 7 of the Weld County Engineering and Construction Criteria specifications for surface gravel shall be spread over the entire road surface at a minimum depth of six inches (6") upon completion of the work. Shoulders on paved roads or barrow ditches where excavation is done shall require a minimum of four inches (4") of %-inch Class 6 road base material. These amounts are minimums and do not supersede any requirements within the Permit. (e) On gravel roads where excavation is done within the roadway, backfilling lifts greater than eight inches (8"), but not exceeding twelve inches (12"), shall be permitted providing that Permittee has suitable equipment to properly compact the depth of lift placed. Weld County Public Works shall determine if Permittee's equipment and the depth of backfill lift is appropriate. Ninety-five percent (95%) of a standard proctor shall be required at any trench depth or in replacement of any materials within the traveled portion of the right-of-way. Eighty-five percent (85%) of a standard proctor shall be required at any trench depth or in replacement of any materials off the traveled portions of the right-of-way. Installations running parallel within a gravel roadway will require a final placement of a minimum of six inches (6") of surface gravel after all of the Project has been placed and compaction test results are in compliance. (f) Potholes in gravel surfaces shall be filled completely with road base and compacted. Potholes in asphalt or shall be filled with a cement/grout to existing thickness plus 1 (+1) or filled with a compactable base material and the final placement a HMA or concrete material of existing thickness plus one (+1). 12. Reseeding. Permittee shall reseed, with a seed mix approved by Weld County Department of Public Works, all areas within the right-of-way in which vegetation was removed or disturbed during the installation of its Project. 13. Points of Access. Permittee shall install manholes and other points of access to underground lines within the boundaries of the right-of-way outside the normal wheel path of the roadway so that they do not obstruct maintenance operations within the right-of-way. Permittee shall, at its sole expense, adjust access points, when requested to do so by Weld County. 14. Survey Monuments. Permittee or its Contractor shall preserve or replace all survey monuments or benchmarks at each work site. If such monuments or bench marks are destroyed, Permittee shall hire a registered land surveyor to replace destroyed monuments or bench marks. If Permittee chooses to preserve such monuments or benchmarks, it shall also hire a registered land surveyor to complete such preservation. 15. Permittee's Obligations Regarding Surveys. (a) All surveying performed within the boundaries of the right-of-way shall be conducted with proper safety equipment and advanced warning signs; (b) Surveying permit holders can be issued an annual permit. (c) Any excavation within the boundaries of the right-of-way will be backfilled with the same material or better than what was excavated. (d) Weld County Department of Public Works offers free monument boxes and lids to Permittee to establish, upgrade or perpetuate the location of an aliquot corner of any section on a paved road. Permittee shall furnish the location of the section corners being preserved to the Department of Public Works when obtaining monument boxes. 16. Permittee's Obligations Regarding the Completion of Project. (a) Permittee shall place surface gravel, as specified in Chapter 7 of the Weld County Engineering and Construction Criteria, on all surfaces where any damage has occurred to the road surface from equipment, trenching, or storage of material. Weld County shall determine the damaged areas, remedial work required, and timing of said work. (b) Permittee shall complete road restoration including, but not limited to, clean-up (including utility markers), repair of damaged facilities, trench compaction, and replacement of gravel shall be kept within one (1) mile of new excavation. (c) All disturbed portions of the right-of-way or damaged road surfaces are to be returned to their original condition prior to demobilizing. if the right-of-way is not returned to original conditions, Weld County may perform or contract such remedial work and Permittee shall pay for all work or forfeit its surety bond in order to pay for all work done. (d) Permittee shall own, maintain, operate and repair any line installed or constructed herein in accordance with the regulations, conditions and terms of this permit. No lines installed within County rights -of -way may be abandoned by the owner at any time. Although the lines may be retired, they may not be abandoned and all responsibility for such lines remains with the owner. The County does not recognize, nor accept, any lines designated by any other source as abandoned, and the County will continue to expect such lines to be maintained or removed by the Permittee. 17. Line Retirement. Retirement of lines in Weld County right-of-way are still required to be located as part of 811. If Weld County approves a line to be retired, the retirement of an existing line in the right-of-way shall be subject to conditions as determined by the Weld County Department of Public Works based on the age, condition, material type, and size. Permittee shall cut, cap, and fill Project(s) that are not required to be removed. 18. Line Abandonment. If Permittee desires to abandon a line from being located as part of 811 notification, Permittee shall completely remove the line from Weld County right-of-way, unless otherwise approved by Weld County. 19 Drainage Interference. Permittee shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected, Permittee is responsible for the proper disposition of the runoff. PIPELINE PROVISIONS 1. Natural Gas/Crude Oil Pipelines. (a) Road crossings for natural gas/crude oil pipelines must be by directional bore, only. (b) Above -ground appurtenances and/or equipment are not permissible for installation within the County right-of-way and must comply with setback requirements. 2e Permanent Fresh Water (Non -Potable) Pipelines. (a) Road crossings for permanent fresh water (non -potable) pipelines must be by directional bore, only. (b) Permanent fresh water (non -potable) pipelines must extend past future right-of-way prior to daylighting (c) Above ground appurtenances and/or equipment are not permissible for installation within the County right-of-way and must comply with setback requirements. (d) Weld County approval is required for any change of use or retirement of a permanent fresh water (non -potable) pipeline. 3 Temporary Fresh Water Above-Gra:und Transfer Pipeiinese (a) Fresh water above -ground transfer pipelines are allowed as a temporary use for a period of 6 months or less for both road crossings and parallel installations. See the limitations and restrictions set forth below depending upon crossing methods. (b) Fresh water above -ground transfer pipelines may transfer fresh or recycled water, only. (c) The source of water must be disclosed on the Right -of -Way Use Application. (d) The use of unmaintained Weld County right-of-way for temporary fresh water above -ground transfer pipelines shall be negotiated with the landowner(s). (e) Existing driveway culverts may not be used for water transfers. (f) All pipelines or lay flat pipes occupying the right-of-way (running parallel to the roadway) must be secured up out of the ditch flowlines and away from the road edges. They may not interfere with normal road maintenance. Crossing methods for temporary fresh water above -ground transfer pipelines: 1) Plate/Manif Id: a. Applicable for untreated gravel roadways for a transfer duration of 10 days or less. b. Must be covered with Class 6 road base with a minimum of 15 -foot road base tapers on each side. All forms of traffic must be able to safely cross the plate/manifold. c. Traffic control signs required including a speed reduction to 15 mph for the duration of the transfer. d. Permittee is required to maintain the crossing which includes 24 -hour snow removal in winter. 2) Culvert Sleeve: a. Applicable for longer term transfers crossing untreated gravel roadways only. b. Maximum culvert size is 15" outside diameter unless approved by the Weld County Department of Public Works. c. Minimum of 18" of Class 6 road base cover on culvert. d. Compaction tests of road base is required after culvert is removed if flowable fill is not used for final restoration of the roadway. 3) Existing Culverts: a. Requests for use of existing County culverts (any culvert crossing under a County maintained roadway or intersection) are subject to special review. Use is for a maximum of 15 days. b. Existing culverts are not available for use from March through October. c. Driveway/access culverts are not available for use. d. If the culvert also serves for irrigation, written permission from the Irrigation or Ditch Company may be required. e. Culvert must be cleared anytime drainage is impeded due to run-off or flooding. 4) HDPE or PVC Pipe: a. Applicable for longer term transfers where a paved, hard surface, or treated gravel roadway must be crossed. b. Pipeline ends must extend past future right-of-way before daylighting. c. Weld County approval is required for any change of use or retirement of the pipeline. 4. Produced Raw Water Pipelines. (a) No temporary above -ground transfers. (b) Pipelines will only be considered for approval that are transferring to a County approved injection or recycling facility. (c) Casing is required for crossing under County roadways. (d) Casing type may be determined by the Permittee or its Contractor. (e) Casing maximum outside diameter is not to exceed 12". (f) Casing ends must extend outside of the County right-of-way. (g) If Flex Steel Pipe is used, casing requirement will be waived. (h) Maximum size of the produced water pipeline is not to exceed 8" and not to exceed 10" OD. (i) Requests for larger diameter pipelines will require special review by the Weld County Department of Public Works. (j) Location markers shall be green in color and must list "produced water" and an emergency contact number. GENERAL MATTERS 1. Terms. (a) All references herein to "Right -of -Way" refer to a portion of land that is dedicated or granted to and accepted by Weld County for transportation purposes, such as a paved or gravel roadway or highway whether maintained or not - maintained by Weld County. The term is used as both singular and plural. (b) All references herein to "Permittee" are to any persons and/or entities applying for and being issued this Right -of -Way Use Permit granting permission to construct their Project within Weld County's right-of-way. (c) All references here to "Lines" means all underground and overhead cable, telephone, electric, power, wire, gas and irrigation lines, and/or appurtenances, structures or pipelines. (d) All references herein to "Contractor" are to any persons or business entities retained by Permittee to install the Project in Weld County right-of-way. (e) All references herein to "Permit" refer to this Right -of -Way Use Permit, including all Permit requirements, Provisions, and attached Special Provisions. 2. Weld County's Limited Interest in Right -of -Way. Weld County owns a limited interest in the right -of- way and therefore, does not, by the issuance of this Permit, warrant its ownership of the right-of-way. Permittee is responsible for determining the ownership of properties traversed by its lines, the location of all property boundary lines, and the ownership of all right- of-way. Therefore, Permittee shall obtain from the fee title owner(s) of the right-of-way or others having proprietary interests in the right-of-way such authority or rights as Permittee may need, in addition to this Permit for Permittee's use of the right- of-way. Permittee acknowledges and agrees that the authorization granted herein by Weld County is subject to Permittee's securing such authority or rights. 3. Rights Reserved by Weld County. Permittee acknowledges and agrees that the Right -of -Way which are the subject of this Permit exist as public right-of-way for the primary benefit of the travelling public, and that the rights granted in this Permit to the Permittee are subject to Weld County's rights and obligations to preserve and maintain the right-of-way and the public's right to continue to travel safely upon the right-of-way. (a) Subject to the right granted herein to Permittee, Weld County reserves the remaining use of the Right -of -Way for existing and future construction, operation, maintenance, repair, replacement relocation and abandonment of its own use and facilities. (b) Weld County reserves the right to revoke this Permit at any time if Permittee or its Contractor fails to comply with the requirements of this Permit. Should this Permit be terminated for non-compliance by Permittee or its Contractor, any lines or facilities installed prior to the termination shall remain the responsibility of the Permittee and may be removed or maintained by Permittee at the sole discretion of Weld County. (c) This Permit is non-exclusive. Weld County reserves the right to allow other public and private utilities and entities to utilize the subject right-of-way and may impose location requirements and restrictions on Permittee in anticipation of requests by future public and private utilities and entities to occupy the right-of-way. (d) Weld County reserves the right to reconstruct, widen and/or maintain the right-of-way which are the subject Permit. In the event this work requires Permittee to incur expenses to preserve, re -locate or maintain its Project, Permittee shall do so upon notification from Weld County at its sole cost. 4e Indemnification. Except for the negligence of Weld County, Permittee shall indemnify and save harmless Weld County, its, officers, employees, agents, successors and assigns from any damage or loss sustained by them or any of them, which arises by reason of Permittee's negligence with respect to the installation, upgrade and/or maintenance of the Project. 5a Hold Harmless. Permittee agrees to protect Weld County and save and hold Weld County harmless from any and all third party claims and damages which the installation and/or maintenance of Permittee's Project and related facilities may directly or indirectly cause. Additionally, Permittee releases Weld County from any and all claims and damages to property owned by Permittee resulting from any act, either by or on the part of Weld County or by or on the part of any third -party. 6m No Assignment. Permittee shall not assign any or all of its rights under this Permit without first obtaining written consent to such assignment from Weld County, which consent shall not be unreasonably withheld. However, in the event Permittee contracts with a third -party Contractor to perform the work associated with the installation of the Project, Permittee remains solely responsible for Contractor's compliance with the terms and conditions of this Permit. 7 Entire Permit Agreement. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Permit embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 80 Effect of Invalidity of Provision. If any term or provision of this Permit, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Permit, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Permit shall be deemed valid and enforceable to the extent permitted by law. 9. No aiver of Immunity. No term or condition of this Permit shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24- 10-101 et seq., as applicable now or hereafter amended. 10 No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Permit, and all rights of action relating to such enforcement, shall be strictly reserved to Weld County and nothing in this Permit shall give or allow any claim or right of action whatsoever by any other person not included in this Permit. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors, and assigns. SPECIAL PROVISIONS This Permit may be subject to additional Special Provisions. Such Special Provisions are attached hereto. i Permittee Signature: Printed name: Date: i Ch r Hoffman Fr a T • 111: nt: Foil Up Flag: FL.: ; Status: Cheryl, Elizabeth Relford Friday, June 21, 2019 10:51 AM CTB Amy Mutchie; Jay McDonald; Dawn Anderson RE: ©rd2019-09 - Chapter 8 Public Works Follow up Flagged I do not believe we have any changes, but I did recently notice the ROW Permit changes were recently incorporated into the code as Chapter 8, Article XIII. Since I forgot that ROW moved from Chapter 12 to 8, I believe we need to modify our previous list. That would mean Ordinance 2019-12 would need to be amended to modify Article 13 to Article 15. I may be incorrect, so let me know what you think? Thanks, Elizabeth °. "lg¢+' 'LyrirA'k'Y$":9".(/.df. ar,�s�xw3s!'�.xx;Ygo.a.�i�q rktrs°'yi�.s»,r�trassr.,�! From: Elizabeth Relford Sent: Monday, June 10, 2019 4:27 PM To: CTB <CTB@co.weld.co.us> .9., V.N+f3,i'Efii'r: Cc: Bruce Barker <bbarker@weldgov.com>; Jay McDonald <jmcdonald@weldgovocom>; Dawn Anderson (dranderson@weldgov.com) <dranderson@weldgovacom> es Subject: Chapter 8 Changes g Cheryl, Here is the flow chart for changes: Chapter 8, Article 7 - Deleted (ordinance 2019-05) Chapter 8, Article 9 — MS4 (ordinance 2019-05) Chapter 8, Article 10 — Repealed and reserved (ordinance 2019-05) Chapter 8, Article 11— Drainage (moving from Chapter 23, Article XII to Chapter 8) (Ordinance 2019-12) Chapter 8, Article 12 - Grading Permit Policy (Ordinance 2019-09) Chapter 8, Article 13 Poch/ Chapter 8, Article 14 — Road Access Policy (ordinance 2019-09) Chapter 8, Article 15 - Transport (new chapter) (Ordinance 2019-12 - please Delete Chapter 12, Article V) 1 Fiat „,ift I Please let me know if you have any changes. Thanks, Elizabeth Relford Deputy Director Weld County Public Works 1111 H Street itt g5 Nor Y :,OW Permit 1 PO Box 758 Greeley, CO 80632-0758 Email: erelford@co.weld.co.us Office: (970) 400- 3748 Mobile: (970) 673-5836 Web: http://www.co.weld.caus Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman Sent: Friday, June 21, 2019 7:38 AM To: Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Elizabeth Relford <erelford@weldgovacom>; Dawn Anderson <dranderson@weldgov.com>; Amy Mutchie <amutchie@weldgov.com> Cc: Kristine Ranslem <kranslem@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com> Subject: RE: Ord2019-09 - Chapter 8 Public Works This ordinance Ord2019-09, Ord2019-10, Ord2019-11 and Ord2019-12 are coming up for 1. If there are going to be any changes, please get them to me as soon as possible. Thanks! Cheryl Hoffman Deputy Clerk to the Board Weld County Clerk to the Board Office 1150 Street Greeley, CO c, 631 9700400.4227 2nd Reading on Monday, July Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 I Fro : Bruce Barker Sent: Thursday, June 06, 2019 6:25 AM TTom Parko Jr. <tparko@weldov.com> Cc: Kristine Ranslem <kransle@weldgov.com>; Elizabeth Relford <erelford@weldgov.cor>; Cheryl Hoffman <choffma n @weldgov.com> Subject: Re: Ord2019-09 - Chapter 8 Public Works Yes. Moving both to 8. Thanks. Sent from my 'Phone On Jun 5, 2019, at 4:07 PM/ Tom Parko Jr. <tparko@weldgov.com>wrote: Bruce- correct me if I am wrong because I haven't been much involved in the changes to 8 and 12, but I think Chapter 12 will be its own separate Ordinance. From: Kristine Ranslem Sent: Wednesday, June 5, 2019 3:56 PM To: Elizabeth Relford <erelford@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Ord2019-09 - Chapter 8 Public Works gap rtance: High Al I, I just want to make sure I have the legal notices submitted to the Tribune correctly. Can you clarify if need to include Chapter 12 into the Ordinance for Chapter 8 or will it be a separate Ordinance to be heard at the 6/18 PC hearing as well? Please let me know ASAP. Thank you!! From: Elizabeth Relford Sent: Wednesday, June 05, 2019 3:52 PM To: Cheryl Hoffman <choffrnan@weldgov.corn>; Bruce Barker <bbarker@weldgov.corn>; Tom Parko Jr. <tparko@weldgov.corn>; Kristine Ranslem <<ranslem@weldgov.com> Subject: RE: Ord2019-09 - Chapter 8 Public Works I'm good with moving both chapters out of 12 into 8...just saying. From: Cheryl Hoffman Sent: Wednesday, June 5, 2019 3:36 PM To: Bruce Barker <bbarker@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Tom Parko Jr. <tparko+aweldgov.com>; Kristine Ranslem <kranslem@weldgov.corn> Subject: RE: Ord2019-09 - Chapter 8 Public Works Bruce, In the Chapter 8 ordinance, should I also include Chapter 12 and say delete (or repeal) Article V in its entirety? Please let me know. Thanks. Ch ryl ioffmcr e,t y Clerk to the WrI 9 E ty Clerk t 11517 „ Street Gus..eley, CO8 1631 970.4 4227 10 <image0ol.Jpg> C' t crd the r�. o i c ice Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Frrn: Bruce Barker Sent: Wednesday, June 05, 2019 2:28 PM To: Cheryl Hoffman <choffman©weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Kristine Ranslem <kranslern@weldgov.com> Subject: RE: Ord2019-09 - Chapter 8 Public Works Sorry. Have an add-on. Let's add this to Chapter 8 and need to repeal Article V of Chapter 12. I think the Appendix is 8-K, but not sure if we added one previously as 8-K. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman Sent: Wednesday, June 05, 2019 12:52 PM To: Bruce Barker <bbarker@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Tom Parko Jr. <tparkoweldgov.com>; Kristine Ranslem <kranslem@weldgov.com> Subject: Ord2019-09 - Chapter 8 Public Works 4 Bruce and Elizabeth, Here's what I have for this ordinance for 15t Reading on Monday. I'd like to get it read this afternoon if it looks good to you. Please let me know. Cheryl Hoffman Deputy Clerk to the Board Weld County Clerk to the Board Office 1150 O Street Greeley, CO 80631 970.400.4227 <image003.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 5 CHAPTER 8 — Public Works ARTICLN X z= State Construction Site Stormwater L .I -a 4-o- eneral Permit Sec. 8-10-10. - Permit required. At least ten (10) days prior to the commencement of construction activities disturbing at least one (1) acre of land (or part of a larger common plan of development or sale that will disturb at least one [1] acre) located in the County, the owner or operator must apply for and obtain a Construction Stormwater General Permit (hereinafter referred to in this Article as "Stormwater Permit"), issued by the Colorado Department of Public Health and Environment, Water Quality control Division. The owner or operator must comply with the terms and conditions set forth in the Stormwater ermit until the site is finally stabilized. The term finally stabilized means that all disturbed areas have been either built on, paved or a uniform vegetative cover has been established with a density of at least seventy percent (70%) ofpry-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. Sec® 8-10-20. - .'t _Factor waiver. As an alternative to applying for and obtaining a Storrnwater Permit, an owner or operatr may apply for and obtain an R -Factor waiver, if the construction site will disturb at least one (1) acre and less than five (5) acres of land, The R -Factor waiver allows the owner or operator to apply for a waiver from stormwater permit requirements during a period when the R-Factor9 as calculated using the state - approved method, is less than five (5). The R -Factor is a way to measure erosion potential based on the length of the project and time of year. Sec. 8-10-30. - Information and application forms. Information and application forms for stormwater permits or R. -Factor waivers may be obtained at: color°adowaterper mits o com Y 4ph t- r �Un-a or by calling (303)692-3500. 2019-2134 CHAPTE — Public Works ARTICLE XII - Grading Permit Policy Sec. 8-12-1©® - General® The Grading Permit is a tool to ensure that the County has reviewed proposed erosion and sediment control practices for planned construction activities with the goal of avoiding potential damages. A Grading Permit grants the Permit Holder permission to conduct construction activities within the requirements of applicable state regulations and provides the County with sufficient oversight to minimize the potential for offsite damages. In addition, construction activities in the County must be compliant with applicable state regulations regarding releases of sediment and water from construction sites. This policy shall apply within all unincorporated areas of the County as of the effective date of this Article. Sec. 8-12-20a - Purpose. This Article recognizes the importance of protecting the health, safety and welfare of the public, protection of water quality and private property rights. This Article describes the minimum requirements for prevention of detrimental or negative impacts to County water quality and damages to private property and County infrastructure by construction activities within the County. The goals are: A. To prevent sediment releases, erosional damage or excessive water discharges from construction sites onto adjoining private property. B. To prevent erosion, sediment and water discharge damage to County - maintained infrastructure, such as roads and bridges, that results in costs to taxpayers. C. To prevent the degradation of surface water quality and the ability of existing ditches, channels and swales to drain due to sediment releases. !E124O ,s di�otnonse For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: Acre: means a total area of forty -thee thousand five hundred sixty (439560) square feet, Contractor: means any party performing the installation and construction for a Permit holder who obtains a permit pursuant to this Article. A contractor may be a -pez•mit holder under this definition. Page 1 Ord2019-09-ARTICLE XII Grading Permit Policy 060319 (002)ARTICLE_XII Grading _P-ermitPolicy 2019June 3-,201-9J-une 3, 201-9May 30, 2019 June 4, 'Control Measures (formerly Best Management Practices/: MPs): for the nurposes of this Article, means temporary or permanent erosion and sediment control methods that have been determined (according to EPA guidance) to be the most effective, practical means of preventing or reducing pollution from nonpoint sources. F -e- et -the: es of -this Ariicle, Control Measures address prevention of water pollution and control of dust from construction sites. Disturbed area: means that area of the land's surface disturbed by any work activity upon the propertv by means including, but not limited to: rg adin excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned agricultural or the tillage of a parcel zoned PUD (planned unit development) within the area iden ified for agricultural uses. Gradinmeans excavation, cuttim 9 filling, clearing and grubbin , stock Dilinp and recontouring the land surface, or any combination of these. Grading plan: means the construction drawing or other depiction showing the existing and the proposed elevation contours of 'one area to be disturbed by construction. Land disturbance activity: means any activity which changes the volume or peak flow discharge rate of iecioitation runoff from the land surface, include-sin� but not limited to, c g3 ading, digging, cuttings scraping or excavating of soil placement of fill materia=s, paving, construction, substantial removal of vegetation or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse. O D D D O D !4 ere -6P; P;t t- -n� runoff from the and surface. Lines: means all underground and overhead cable, telephone, electric power, wire, gas and irrigation lines, appurtenances, structures or pipelines. Municipal Separate Storm Sewer System (MS4): means an area defined by the Federal Environmental Protection Agency (EPA) in 40 CFI 122 as defined in Chapter 8, Article IX of this code. Permit holder: means the owner, operator, person and/or entity constructing, excavating sr occupying the construction site who has obtained a Grading Permit pursuant to this Article. Right-of-way (ROW): means a strip of land that is granted through an easement, plat or other legal mechanism for transportation purposes, such as a roadway or Ui .D hway, Page 2 Ord2019-09-ARTICLE XII Grading Permit Policy 060319 002)ARTICLE_XII _Gradin-g_Permit-Policy June 4, 2019) e-3 0-1-9;x- -ne 3, 20-1-9May 30, 2019 Sediment and erosion control plan: means a document tSshowsin the proposed finished contours and depictsing the location of all ersion and sediment control measures (control measures). Stabilization: defined-as-be-iag-means a state r ` when all ground surface disturbing activities at the site have been completed and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre= disturbance levels, erg, lion control blankets are in place or equivalent permanent physical erosion reduction methods have been emplyea Stabilization includes the removal of non -permanent control measures. Sec® 8-12=30® - Grading Permit. A. Issuance of Grading Permit. A Grading Permit shall be issued only in compliance with the rules and regulations set forth in this Article. In no event shall construction be allowed or permitted if it is detrimental to the public health, welfare and safety. Necessity for Grading Permit. Unless an exemption exists, a grading Permit is required for construction activities that disturb over one (1) acre of land. C. No Work Without Permit. No person or entity may surface disturb, grade, construct or excavate over one (1) acre of nonexempted ground without first having obtained a Grading Permit from the Department of Public Works. In addition, no person or entity may grade, excavate, construct or leave disturbed and un:stabilized over one (1) acre of nonexempted ground beyond the date or dates specified in the Permit unless: (1) the person or entity requests a written extension before the expiration of the initial Permit; and (2) a new Permit or extension is granted. It is a violation of this article to perform this w rlc without O a permit. D. Nxemptions. The following land disturbance activities are permissible without obtaining a Grading Permit, unless otherwise located within a designated Municipal Separate Storm Sewer Systems (MS4[BB1][ER2]) area. The Department shall determine if the exerrition is in accordance with the eCounty's MS4 permit. Other permits, such as right-of-way, flood hazard or ISDS, may still be required. 1. Projects which involve less than a total of one (1) acre (43,560 square feet) of disturbed ground surface or graded area, unless the Colorado Department of Public Health and hnvironment has required a Storm Water Management Plan (SWMP) or Construction Storm Water Discharge Perr_n° it. Page 3 Ord2019-09-ARTICLE XII Grading Permit Policy 060319 (002)AR-TtCL !1_Grading_Permit_P icy 2019June 3, 2019June 3, 2019M9, 2019 June 4 • O a. Individual lots in subdivision developments under the same ownership, involving less than one (1) acre of disturbed area, shall not be considered separate projects if they are contiguous. b. Any series of related projects or connected projects on one (1) site, which together exceed the one -acre limitation, shall be considered a single project and shall be required to obtain a Grading Permit. For example, several ten -thousand -square -foot segments that add up to over one (1) acre total area that connect to form a road would be considered a single project and would require a Grading Permit. 2. Tillage of agricultural land is exempt from Grading Permit requirements. 3. Trenching incidental to the construction, maintenance and installation of approved underground pipelines, electrical or communication facilities] 6�A J `6/ll1AJ _ �Cfe� �rwate 110/J 9'V i6A: �. ; • �� a 1. �. I. 1. j,,.r ► �. QT � ,�i-. :S4) area. where less than one (1) acre is disturbed • • nts.However, a Grading Permit may be required for over one (1) acre of ground disturbed for construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not directly in the pipeline trench. • lib • • 1%d , Feel -Hired to con �- nce shall not be eel. 4. Land disturbance or excavations in accordance with plans incorporated in a mining permit, reclamation plan or sanitary landfill approved by the County. However, a Grading Permit may be required for over one (1) acre of ground disturbed for construction of roads, driveways, buildings, parking areas, accesses, drainage facilities, landscaping or other construction not directly in the mined area or landfill. s drill site/well pad approved by the 5§. County capital improvement or County maintenance projects within a right-of-way., except s t3 lies within a designated Municipal Separate Storm Sewer Systems (MS4) area. Page 4 ord2019-09-ARTICLE XII Grading Permit Policy 060319 (002)ARTICLE_XII Grading Permit Policy 2019Ju-ne-3, 2019June 3, 2019May 30, 2019 June 4, 76. Maintenance and cleaning of existing ditches, lakes, ponds and water storage reservoirs, *- pi. I I � �,� - n 4 s with _ a des -g ete8 87. Maintenance and resurfacing of existing streets/roads, runways, sidewalks/trail systems, parking lots/loading areas and railroad beds are exempt from Grading Permit requirements. 98. Performance of emergency work necessary to prevent or mitigate an immediate threat to life or property when an urgent necessity arises. The person performing such emergency work shall promptly notify the Department of Public Works of the problem and work required. Any person performing such emergency work shall immediately notify the Public Works Director of the situation and the actions taken. The Public Works Director may, however, require such person to obtain a Grading and Erosion Control Permit to implement remedial measures to minimize erosion resulting from the emergency. 109. Land disturbance incidental to the creation of irrigation water storage ponds, -ex Se rea. Stockpiles that create more than an acre of disturbed area may require a grading permit. 10. Enl - ge !rCI i 9.e." %•./ -t- -c fer conuffleficial, 10-1-. Graves in cemeteries. 112. Land disturbance associated with the construction of natural surface trails may be exempted by the Director of Public Works, except within designated MS4 areas, provided that the procedure outlined in this Article is completed prior to commencement of any trail construction. If exempted, the land disturbance associated with the construction of natural surface trails shall generally conform with the performance standards of this Section. Fec-the pufpese derivations sh!I ' we the mea - Acre ire fee words an ° s Page 5 Ord2019-09-ARTICLE XII Grading Permit Policy 060319 (002)AMT,-1-OLE—XiIGrading _Permit_Policy 2019June 3, 2019June 3, 201-9May 30, 2019 June 4, Best Management Practices (BMPs) are, for the purposes of this Article, 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, BMPs address prevention of water pollution and control of dust from construction sites. Contractor means any party performing the installation and construction for a Permit Holder who obtains a permit pursuant to this Article. A contractor may be a Permit Holder under this definition. Disturbed area means that area of the land's surface disturbed by any work activity upon the property by means including, but not limited to: grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned agricultural or the tillage of a parcel zoned PUD (planned unit development) within the area identified for agricultural uses. Grading means excavation, cutting, filling, clearing and grubbing, stockpiling and recontouring the land surface, or any combination of these. Grading Plan means the construction drawing or other depiction showing the existing and the proposed elevation contours of the area to be disturbed by construction. • n • • • • • peak flow discharge rate of precipitation runoff from the land surface. This may include the grading, digging, cutting, scraping or excavating of soil, • • • • 9 - 9 vegetation or any activity which bares soil or rock or involves the diversion or piping of any natural or man made watercourse. lend overhead cable, telephone, electric power, wire, gas and irrigation lines, appurtenances, structures or pipelines. •• w Environmental Protection Agency (EPA) in 40 CFR 122 as a conveyance or • . • • 9 9 ers, ditches, man made channels or storm 9 - 9 waters of the United States. Page 6 Ord2019-09-ARTICLE XII Grading Permit Policy 060319 (002;ARTICLE_XII_ Grading_ Permit_ Policy 2019June 3, 2019June 3, 2019May 3C, 2019 June 4 Permit Holder means the owner, operator, person and/or entity constructing, excavating or occupying the construction site who has obtained a Grading Permit pursuant to this Article. Right of way (ROW) means a strip of land that is granted through an easement, plat or other. legal mechanism for transportation purposes, such as a roadway or highway. Sediment and Erosion Control Plan is a document that shows the proposed finished contours and depicts the location of all erosion and sediment control Sec. 8-12-50® - Grading Permit application. A. Complete Application Required. Applicants shall file a complete application for a Grading Permit. The application shall be submitted to the Building Inspection Department on behalf of the Department of Public Works. Based upon the information provided in the application, additional submittals may be required by the Department of Public Works if sufficient information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee. If an application is determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal. An application which is determined to be incomplete may, or may not, retain its same processing cycle. B. A complete application will typically include civil engineering drawings signed and sealed by a registered Civil Engineer in the State. The drawings shall include a grading plan showing existing and proposed contours and elevations and drainage plan. In addition, a Sediment and Erosion Control Plan that shows the location and types of B��`� �� control measures to be utilized at the site shall be provided. Typical BM? control measure installation details and maintenance notes should also be on the drawings. C. A complete application shall include a utility map in accordance with Subsurface Utility Engineering (SUE)/811 Law Level B, SB 18-167, if the construction meets the applicable conditions. Sec. 8-12-60a - Application review, Grading Permit issuance, permit expiration and permit extension. Page 7 2019June Ord2019-09-ARTICLE XII Grading Permit Policy 060319 (002_)ARC'ICLEXII _Grading _Permit _Policy June 4L 0, 2019 A. Review Process. The application and other data filed by an applicant for a Grading Permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws. If the Department of Public Works finds that the work described in an application for a Grading Permit conforms to the requirements and regulations set forth in this Article and meets the requirements defined in the Department of Public Works Design Standards and ,a i-tet=baWeld County I-4;ngineering and Constructin Criteria or other pertinent laws regulations or ordinances, and that all required fees have been paid, a Grading Permit shall be issued to the applicant. Criteria upon which the Grading Permit shall be considered include, but are not limited to, the following: 1. Water quality protection: The proposed construction must include proposed installation and provision for maintenance of adequate sediment and erosion control LPs measures that, to the extent possible, prevent erosion and/or release of sediment, excessive stormwater and/or pumped water discharges to surface waters from the construction area. 2. Adjacent property protection: The proposed construction must include sediment and erosion control BMPs measures that, to the extent possible, prevent damage, erosion and/or release of any sediment, excessive stormwater and/or pumped water discharges from the construction area to adjacent properties and roadways. 3. Constructability: Installation of BMPscontrol measures, trenches, excavations and other construction practices must be able to be performed according to general construction and safety practices. The proposed construction work must not create a public safety hazard. B. Changes in Approved Permit. An approved Grading Permit shall not be changed, modified or altered without written authorization from the Department of Public Works. All work shall be done in conformance with the approved Permit. C. Permit Limitations. An approved Grading Permit requires the Permit Holder to meet certain permit specifications and general engineering. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. The issuing and granting of the Grading Permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Article or of any regulations of the State or County. Additionally, the issuance of the Grading Permit shall not be construed as the Page 8 Grd2019-09-ARTICLE XII Grading Permit Policy 060319 (002)AR -ICLE_XII_Grad g_Permit_Poticy 2019June-3 2-01-9June 3. 2019M -ay 30, 201-9 June 4 approval or issuance of any necessary permits referred to in Code. D. Indemnification. Every approved Grading Permit issued shall include the following languages "Permit Holder, its agents, employees, subcontractors, contractors and assigns hereby agree 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 construction within the area covered by this permit; excluding any such loss and damage or any claims (including consequential damages) which may be caused solely by the negligence of Weld County, the agencies thereof or its officers and employees." E Early release of Grading Permit. An aDpYicant may apply for early release (ot a Grading Permit for a project requiring the issuance of a land use permit for the time period after approval by the Board of County Commissioners or Planning Director and prior to recording the required plat or map. Permit Expiration. Every approved Grading Permit shall expire one (1) year from the issuance of the permitBBs][ER6I[BB7}0_if the construction of work wu er4z t is susp d �,�� abase �� for a period of (1) y °gu-n. If the permit has expired the Grading Permit must be reissued by the Department of Public Works bBefore work can begin or be resumed, ttom Gradinger -st be reissued by the Dpartrne -less, Prior to the expiration or closure f the Grading Permit, the disturbance shall be stabilized, and non -permanent control measures shalt be removed. 4 G. Permit Extension. Any Permit Holder with an unexpired Grading Permit may apply, in writing, for an extension of the time within which work may begin under that Grading Permit if the Permit Holder is unable to begin or complete work within the time required for good cause, and that the cause is acceptable to the Department of Public Works. There shall be an extension fee assessed to cover administrative costs. 0 O. County authority. The De- �-dEme- -t h o -r t work in accordance --v Sec. 8-12 allure of -the -Perm - 7 Permit Holder's general responsibilities. Page 9 Ord2019-09-ARTICLE XII Grading Permit Policy 060319 (002)ARTIC& II_Gr-ad4ng_Pe-rmit_Polic-y 2019June X20--1-9June 3, 2019May 30, 2019 June 4, A Permit Holder is responsible for the following items. Additional requirements and more detailed information are shown in the Special Provisions of the Grading Permit. A. �H_ ��.�Control Measures. The Permit Holder shall ensure that all erosion and sediment control • measures shown on the approved plans are correctly installed and maintained. B. Other Permits. The Permit Holder shall secure all permits required by federal, state and local agencies. C. 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 excavation, installation and/or construction contemplated or caused by the construction as permitted herein. D. Surety. If deemed necessary by the Department of Public Works or the Planning Department tLFgh-the bared -use cha- _by -the -. , the Permit Holder shall provide a surety bond and/or other security for the total amount required to stabilize, restore or reclaim the disturbed ground to prevent erosion and/or release of sediment, excessive storm water and/or pumped water discharges to surface waters from the construction area. Said security shall remain in effect for a period of twenty-four (24) months after all completion of construction and establishment of erosional stability. The amount of the security shall be sufficient to stabilize a disturbed site to prevent releases of sediment and water from construction sites and protect the health, safety and welfare of the public. The amount shall be based on cost estimates of site restoration provided by the applicant and approved by the County Engineer. Whether or not covered by surety, the Permit Holder shall reimburse the County for any and all expenses incurred by the County within twenty-four (24) months after completion of any work as a result of, or related to, failure by the Permit Holder to perform all installation, construction, maintenance or other work pursuant to the Grading Permit, in a workmanlike manner. H. Utility Locates. The Permit Holder shall be responsible for utility locates in advance of the construction or excavations in accordance with state law. The Permit Holder is responsible for any damages to existing utilities or structures. F. Traffic Control. Construction activities impacting the County rights -of -way shall not interfere with movement of traffic or compromise public safety. A Page 10 Ord2019-09-ARTICLE XII Grading Permit Policy 060319 (002)ARTICLE_X fading_Permi-t_PeUcy 2019June-3, 20 -1 -9 -June 3, 2019May-30, 201-9 June 4 County Right -of -Way Permit may be required in addition to a Grading Permit. G. 1-i;mergency Conditions. When a condition arises where emergency work must be performed, the applicant shall immediately notify the Department of Public Works of the emergency event, type and extent of work. Within two (2) business days after the occurrence of the emergency, the applicant shall apply for the necessary permits, pay the associated fees and fulfill the rest of the requirements necessary to comply with the Grading Permit for the actions the applicant took in response to the emergency. H. Drainage Interference. A Permit Holder shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected, the Permit I Iolder is responsible for the proper runoff management to prevent erosion and/or release of sediment, excessive storm water and/or pumped water discharges to adjacent properties and surface waters from the construction area. I. Site Stabilization, Restoration and Cleanup. The Permit Holder shall assume all responsibility for stabilizing the permitted site to prevent erosion and discharges of sediment. The Permit Holder shall also assume all responsibility for removing all debris associated with the construction activities in the County rights -of -way and ai ilon-pcmanent control measures. If, upon inspection, the Department of Public Works determines that there is risk of erosional damage, or sediment discharges or debris has not been removed from the County rights -of -way, the Department of Public Works shall notify the Permit Holder of the violation of the Grading Permit conditions. The Permit Holder, upon notification from the Department of Public Works, shall correct all work to the extent necessary. The work shall be completed within the time period specified in the notice from the Department of Public Works. If the Permit Holder fails to establish site stability or restore the rights -of -way in the manner and to the condition required, the Department of Public Works may have the County perform the restorations. In that event, the Permit Holder shall pay to the County, within thirty (30) days of billing, the cost of restoring the County rights -of - way. J. Ownership and Maintenance. The Permit Holder shall own, maintain, operate and repair all work on private property in accordance with the regulations, conditions and terms of the Grading Permit. K. Warranty of Right -of -Way. The County does not warrant its ownership of rights -of -way which may be the subject of any issued Grading Permit. The Page 11 Grd2019-09-ARTICLE XII Grading Permit Policy 060319(002)ARTICLE_XII Grading Permit _ °tiny 2019June 3, 2019June 3, 2019May 30, 2019 June 4, Permit Holder is responsible for determining the ownership of properties subject to its construction. Sec. 8-12-90. - Inspections. A. Inspections during the construction period withmay be made by the Department of Public Works to ensure that work is progressing in compliance with the Grading Permit. It shall be the responsibility of the Permit Holder to provide safe access to the work site for the Department of Public Works and to all others, as authorized by law, for inspection at all reasonable times during the execution and upon completion of the work. At the time of inspection, the Department of Public Works may order the immediate termination of any work which poses, or is causing, a serious threat to the life, health, safety or well- being of the public. B. It shall be the responsibility of the Permit Holder to notify the Department of Public Works when work is ready for inspection. The Department of Public Works requires that every request for inspection be received at least forty-eight (48) hours before such inspection. Such requests may be made by telephoning, emailing or faxing the Department of Public Works. The presence of Department of Public Works employees on -site shall not guarantee or qualify the Permit Holder's performance. The approved Grading Permit must be available on -site for review by Department of Public Works staff. Failure to comply may result in suspension of the Grading Permit. C. The Department of Public Works may make, or require, other inspections or testing of any work as deemed necessary to ascertain compliance with the provisions of this Article. Any work performed without the required inspections shall be subject to removal and replacement at the Permit Holder's expense, regardless of the quality of the work. Any inspection hours required outside of the normal working hours will be paid by the Permit Holder. Certain types of work may have continuous inspection and, when large-scale projects exceed the ability of the Department of Public Works to provide inspection, the Permit Holder will incur the cost of a private inspection firm. This third -party inspector will be appointed by the Department of Public Works prior to issuance of the Grading Permit. Sec. 8-12-100. - Administrative fee. All required fees shall be paid, in full, at the time of the Grading Permit application. The fee schedule for Grading Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the Grading Permit (see Appendix 8 N to #1~'�)0 Page 12 Ord2019-09-AR T ICLE XII Grading Permit Policy 060319 (002)x-TIGLE_XII_G -ing_Permit_Poliey 2019J-u-ne 3, 201-9June 3, 20-1-941/4/lay 30, 201-9 June 4 Sec. 12-110 - Appeal of denial of Grading Permit. If an application for a Grading Permit is denied by the Department of Public Works, or if the applicant objects to any of the terms or conditions of a permit thereby placed by the Department of Public Works, the applicant has the right to appeal the derision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code. Sec. 8-12-120. - Fs/i lure to comply terms of r dl , g er . r,' A. The issuance of the Grading Permit based on plans, specifications or other data shall not prevent the Department of Public Works from requiring the correction of errors in the plans, specifications and other data, or from stopping excavation or construction operations being conducted in violation of this Article or any other state or County regulations. Failure of the applicant to comply with any of the terms and conditions of the Grading Permit shall be sufficient cause for cancellation of the Grading Permit. B. The Permit Holder shall prevent releases of sediment and water from construction sites that have the potential to cause damage to private property or County -maintained infrastructure. In the event that construction activities result in erosion or sediment and water discharges causing damage, the Permit Holder shall immediately attempt to prevent further harm, install or replace appropriate BMPs control measures and correct any unsatisfactory work. C. Right -of -Way Damage. The Permit Holder shall correct any unsatisfactory work, including but not limited to defects in removal, replacement or pavement patching. If the Permit Holder fails to restore the County rights -of -way in the manner and to the condition required by the Department of Public Works, or fails to satisfactorily and timely complete all restorations required by the Department of Public Works, the County shall have the right to perform the restorations at the expense of the Permit Holder. Seco 842-130. - Permit suspension or revocation. A. The Department of Public Works may deny, revoke or suspend any Grading Permit in order to protect the public health, safety and welfare. Permit Holders hold Grading Permits as a privilege. The County reserves its right to revoke any grading Permit without a fee refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the applicant, or whenever the Permit may have been issued in violation of any provisions of this Article. B. If the Department of Public Works determines that the Permit Holder has committed a substantial breach of a term or condition of any statute, ordinance, Page 13 Ord2019-09-ARTICLE XII Grading Permit Policy 060319 (002;ARflCLEGradi-ngPermit Policy June 4, 2019June 3, 2919June 3, 2019May 30, 201-9 rule, regulation or any condition of the Grading Permit, the Department of Public Works shall notify the Permit Holder of its suspension by either a phone call or in writing, and the Permit Holder must then remedy the violation. The demand shall state that continued violations may be cause for revocation of the Grading Permit. Further, a substantial breach shall allow the Department of Public Works to place additional or revised conditions on the Grading Permit. C. Within twenty-four (24) hours of receiving notification of the suspension, the Permit Holder shall contact the Department of Public Works with a plan of correction which must be accepted by the Department. The Permit Holder's failure to contact the Department of Public Works, failure to submit an acceptable plan or failure to reasonably implement the approved plan shall be cause for immediate revocation of the Grading Permit and termination of work. Upon revocation of the Grading Permit, the Permit Holder will be required to re -apply for a new permit and will be charged for any additional fees that may be applicable. Sec. ,®12-140. - Penalties. A. Violations and Penalties. The County, through the Department of Public Works or other County departments so authorized, may enforce this Article through methods included in this Article or through other methods adopted by the Board of County Commissioners. 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. C. Civil Penalties. Any person, firm or corporation violating any provision of this Article may be subject to the imposition, by order of the County Court, of a civil penalty. 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. Page 14 Ord2019-09-ARTICLE Xli Grading Permit Policy 060319 (002,AR 1-CLE_XtI_Grad4ng_Pecmit_Policy 2019June 3, 2019June 3, 2019May 30, 2019 June 4, CHAPTER 8 - Public Works ARTICLE XIV - Road Access Policy Sec. 8-14-10. - Intent of road access policy. This Article XIV is established for the safe and efficient movement of traffic while allowing reasonable access to properties. It is necessary to protect the public health, safety and welfare to maintain conventional traffic flow along with unobstructed roadside drainage and to protect the functional integrity (safety, mobility, & capacity) of County roadways. Access management is an important tool in transportation planning, which identifies the spacing and location of driveways, median openings, and the interconnectivity of road classifications to maintain the access and mobility function of collector and arterials roads. This Article XIV shall apply to all accesses utilizing County rights -of -way within the unincorporated area of Weld County. Sec. 8-14-20. — Purpose and intent. The purpose of access management is to manage existing and proposed accesses adjacent to land uses on County roads to ensure that safety, capacity, and function are preserved and a reduction in conflict points occurs. This Article XIV describes the minimum requirements for the design, construction and maintenance of accesses onto Weld County rights -of -way and requires the issuance of an access permit prior to construction. Sec. 8-14-30. - Regulation of access onto County roadways. A. Access to a Single Parcel. Each parcel shall be limited one access point for safe ingress and egress, which may be an existing or new shared access, except if allowed pursuant to Subsection E., below. B. Access Petnmit Required. Any person constructing a new access onto a County right-of-way, or reconstructing, paving, altering, enlarging or changing the use of any existing access onto a County right-of-way, must first be issued an Access Permit by the Department of Public Works. No such work shall commence prior to the issuance of an Access Pettuiit. C. Issuance of Access Permit. Access Permits shall be issued only in compliance with the rules and regulations set forth in this Article XIV. In no 1 event shall an access be allowed, or permitted, if it is detrimental to the public health, welfare, and safety. D. Emergency Access Allowed. Police, fire, ambulance and other emergency providers may have direct access to County roadways if no other access is permitted. E. Additional Access. Additional accesses to a parcel may be allowed if they comply with the spacing criteria for that road. If a new access is requested that does not meet the spacing criteria to a legal parcel where an existing access already exists, the additional access shall not be approved unless the denial of the new access creates undue hardship on the property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested, one (1) or more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. F. Access Permit a Condition of Building Permit. When a new access is to be constructed in conjunction with the construction of a new principal structure, the issuance of an access permit shall be a condition for obtaining a building permit for such construction. The property owner will be asked to apply for a new access permit for any existing access location never previously permitted. G. Changes in Use, Classification/Type or Increase in amount of Traffic. When an existing access location changes, there is a change in use of the access classification/type, or an increase in the amount of traffic using an access, a new access permit shall be required as a condition of the change in use. if a new access is the result of a change of use or increased traffic, an improvements and road maintenance agreement may be required as a condition of the access permit, where applicable. A change of use may include, but is not limited to, the amount or type of traffic, structural modifications, remodeling, land use change, expansion of an existing business, change in zoning, change in lot lines, and creation of new parcels. H. Access Approval as a Condition of a Land Use Case. When a new, existing, or shared access is to be utilized in conjunction with a land use case, the plat map shall identify the approved access location prior to recording the plat. The property owner shall apply for an access permit when ready to construct the access and may be required to enter into an improvements and road 2 maintenance agreement. For the purposes of this Article XIV, "land use case" may include, but is not limited to, applications seeking approval for use of a property under the processes listed in Chapter 23 of this Code, division of properties, pursuant to the procedures found in Chapter 24 of this Code, or Planned Unit Development through processes detailed in Chapter 27 of this Code. I. Access Spacing Criteria. The following Table I reflects the minimum access spacing criteria for county roadways and intersections. Table I — Minimum Access Spacing Criteria (Feet) Access Element Distance between intersections Signalized Unsignalized Distance between accesses and intersections r - Distance between access points Distance between access points in subdivisions Sec. 8-14-40. - Access Perrnit application process. Arterial Collector Local 2,640 N/A 1,320 1,320 660 660 660 330 150 660 330 75 N/A 330 330 A. Submittal Requirements; Complete Application. An application for an access permit shall be considered complete if it is submitted on the required foi in, includes all mandatory inforrnation, including all supporting materials and is accompanied by the applicable fee. The application must be signed by the property owner or, if applicable, an authorized agent. Written authorization to act on the property owner's behalf may be accepted if the access application is not signed by the property owner. If an application is determined to be incomplete, the Department of Public Works shall provide written notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmitted application. An application which is deterriiined to be incomplete may or may not retain its same processing cycle. 3 Bo Subdivision or Common Development Plan Access. Upon approval by its Director, the Department of Public Works may require one access permit at the location where the proposed common development plan or subdivision accesses to the County road to reduce the administrative burden on staff and applicants requesting permits concurrently for multiple lots. Such "development access" is subject to a development review application. C. An access permit fee shall be paid, in full, at the time of the access permit application. The fee for an access permit shall be determined by resolution or ordinance of the Board of County Commissioners and shall be shown on the access permit application. D. Review Process. The application and information provided by an applicant for an access permit shall be reviewed by the Department of Public Works. The applicatin may also be reviewed by other departments or agencies to verify compliance with any applicable laws and codes. If the Department of Public Works finds the information and supporiing documentation in the application for an access permit cnforrris to the policies and requirements set forth in this Article XIV, meets the requirements defined in the Wel County Engineering and Construction Criteria, as shown in Appendix 8-K, or in other pertinent laws, regulations or ordinances, and that all required fees have been paid, an access permit shall be issued to the applicant. E. Changes in Approved Permit. An approved permit shall not be changed, modified or altered without written authorization from the Department of Public orbs. All work shall be done in conformance with the approved permit. F. Permit Limitations. An approved access permit expires after one year from its date of issuance and requires the permit hider to meet the specificatins and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 8-K when working on the permitted access, The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. Sec. 8-14-50. - Permit holder's general responsibilities. A permit holder is responsible to comply with the general provisions of this Code, including temporary accesses permits issued for the following items: 4 Additional requirements and more detailed information are shown in the special provisions of the access permit. A. Utility Locates. The permit holder shall be responsible for contacting the Utility Notification Center of Colorado (811) for utility locates at least seventy-two (72) hours in advance of the access construction, if excavation is required. B. Traffic Control. Access construction activities shall not interfere with traffic on County roadways. If interference with traffic is required, a traffic control plan shall be submitted to, and approved by, the Department of Public Works as part of the permit application. All traffic control shall confoi tii to the most current version of the Manual on Uniform Traffic Control Devices standards, which is available for review on the Federal Highway Administration website. All regulatory signs require approval of the Board of County Commissioners. If applicable, the peiiniit holder shall be required to install all necessary signage and shall bear all expenses for the fabrication and installation of road name signs, permanent barricades, and signs required as part of a development project (e.g., one way, no parking, no outlet, stop sign, speed limit, etc.). C. Drainage Interference. A permit holder shall not obstruct the natural free and clear passage of water along the roadside ditch flow lines or other waterways. If surface drainage is to be affected, the permit holder is responsible for the proper disposition of the runoff in accordance with Section 8-11-40 of the Chapter. D. Tracking control. Permanent vehicle tracking controls provide stabilized site access where vehicles exit a location onto a paved road. Vehicles are required to perform a complete revolution of all tires prior to entering a County -maintained roadway. Effective vehicle tracking control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial or high traffic volume accesses shall provide permanent tracking control devices, which include, but are not limited to, double cattle guards or a paved (asphalt/concrete) tracking pad extending three hundred (300) feet into the site to mitigate impacts to the public road, including damages and/or offsite tracking of mud or other materials. Requests for temporary tracking control techniques must be approved by the Department of Public Works prior to installation. Temporary tracking control shall be used during construction unless peuiianent tracking control is installed ahead of 5 construction activities; such devices include, but are not limited to, crushed natural aggregate (recycled crushed concrete or asphalt shall not be used for any vehicle tracking pads) along with a geotextile fabric or pre -fabricated vehicle tracking pads with approved dimensions. Use -by -right permitted agricultural accesses are exempt from tracking control requirements. Tracking control is required for construction of accesses to prevent tracking from the site onto paved public roadways. The permit holder may be held financially responsible for damage to the roadway resulting from inadequate tracking control. All tracking control devices and designs must be in accordance with the Weld County Engineering and Construction Criteria, Appendix 8-K. E. Access Construction, Restoration and Clean-up. The permit holder is responsible for installation of the correct culvert size(s), materials, and the cost of installation for new access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a county roadway. Accesses should be constructed in a manner that minimizes erosion and does not result in disposition of silt and debris upon the county roadway or roadside ditches. Accesses which slope down toward the bounty road will be constructed to assure that water does not run onto or across the traveled public way. This may include designing the crown, borrow ditches, pans, or other elements so that they direct water to the existing drainage facilities along the road. The permit holder shall assume all responsibility for removing all debris associated with the access construction activities and restoring the County roadway to pre-existing conditions. The access permit allows construction of the access without the need for obtaining a separate right-of-way permit pursuant to this Chapter. Installation of commercial/industrial access(es) may require a traffic control plan to be approved with the access permit. the permit holder, upon notification from the Department of Public Works, shall correct any items not consistent with the approved access permit within fourteen (14) days. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the Department of Public Works, the County may remove the access or perform the restorations and invoice the permit holder for the expense(s) incurred by the County. F. Access Sight Distance. Sight distance is essential to protect the traveling public at all access points along County roadways. Sight distance is the length of roadway that is clearly visible to the driver and is dependent upon the height of the driver's eye above the road surface, the specified object 6 height above the road surface, and the height of sight obstructions within the line of sight. The minimum sight distance available on a roadway must be sufficient to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object. In evaluating the overall perforinance of a roadway, both the horizontal and vertical sight distances must be considered. When items such as walls, buildings, bridge piers, cut slopes, or vegetation growth are near the roadway on the inside of a curve, they can block a driver's view of the road ahead. If they are too close, the driver will not have sufficient distance along the curved roadway to stop when a hazardous condition comes into view. The minimum requirements and technical criteria for sight distance are in the Weld County Engineering and Construction Criteria, Appendix 8-K. Sec. 8-14-60. - Variance from specific access permit requirements. A property owner may request a variance from specific requirements set forth in this Article XIV. The Department of Public Works will consider requests for variances on a case -by -case basis. Requests for variances may be submitted in a written letter to Public Works addressing the hardship or justification for the variance and supporting documentation to explain why they cannot comply with the requirements as outlined in the Weld County Engineering and Construction Criteria, Appendix 8-K. Requests will be reviewed and acted upon by the Public Works Director or designee to ensure they will adequately protect the public health, safety, and welfare. Public Works will respond with an approval or denial within thirty (30) days of receipt of the variance request. Sec. 8-14-70. - Appeal of denial of access permit. If an access pen ilit is denied by the Department of Public Works, or the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code. Sec. 8-14-80. - Enforcement. A. Violations and Penalties. The County, through the Department of Public Works or other departments so authorized, may enforce this Article XIV through methods included in this Section, or through other methods adopted by the Board of County Commissioners. 7 Criminal Penalties. 1. It is unlawful to construct a new access onto a County road, or reconstruct, pave, alter, enlarge or change the use of any existing access onto a County -maintained road unless an access permit is first issued. Any person, firm or corporation violating any provision of this Article XIV is guilty of a Class 2 petty offense, which, upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) or by imprisonment in the County jail fir not more than ten (10) days, or by both such fine and imprisonment, for each separate violation. Each day during which such work on an illegal access continues shall be deemed a separate offense. 2. Whenever the Department of Public Works, through one (1) of its employees, has personal knowledge of any violation of this Article XIV, it shall give written notice to the violator to correct such violation within sixty (60) days after the date of such notice. Should the violator fail to correct the violation within such sixty (60) day period, the Department of Public Works may request that the Sheriffs Office issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs Office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriffs Office and Department of Public Works and one (1) copy shall be transmitted to the Clerk of the Courtin The County may install barriers across or remove any access not conforming to this Article XIV during the pendency of the enforcement action. 3. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the Board of County Commissioners deems it appropriate, the oard of County k omrriissioners may appoint the istrict Attorney to perform such enforcement duties in lieu of the Jaunty Attorney. 4. Any arresting law enforcement of'ricer shall follow the penalty assessment procedure provided in Section 16-2-2019 COROSO, for any violation of this Article XIV. C. Revocation f Access Permit. Should the applicant or any subsequent property owner fail to abide by the terms of any associated improvements agreement, the aid of County Commissioners may revoke the access permit. Such revocation may subject the applicant or any subsequent property owner to the penalties outlined in this chapter, or any other enforcement mechanism provided by law. D. Equitable Relief in Civil Action. In the case of any violation of this Article XIV, the County Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, aba e or remove such violation. N. i ivil Penalties. In addition to any of the penalties set forth above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Article XIV may be subject to the imposition, by order of the Weld County court, of a civil penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500000). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this rticle XIV, the remedies set forth above, or both. �;ach day after the issuance of the order of the Weld bounty 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 ($5OOO) for each such day. In no event shall civil penalties, unposed pursuant to this Subsection, constitute a lien against the real property. F. Inspections. The Department of Public Works or other County departments may conduct an inspection of each access that is the subject of the access permit to ensure full compliance with all provisions of this Article XIV and the tens of the permit. G. Failure to Comply with Requirements of Issued ccess Permit. Failure of the permit holder to comply with any of the terms and conditions of an issued access permit shall be sufficient cause for cancellation of the permit and may result in the removal of the access and its appurtenances by the County at the permit holder's expense. 9 H. Access Permit Issued Erroneously or Upon Incorrect Information. Any access permit which has been issued in error or on the basis of incorrect information supplied by the permit holder, shall be considered void. In the event an access permit is void, no refund of permit fees shall be made unless the access permit was issued in error by the Department of Public Works. I. Notice Regarding Illegal Access. An "illegal access" is considered to be any access not permitted. Existing accesses constructed prior to 2010 should obtain an access permit at no charge. For an illegal access, the property owner shall be sent written notice of any illegal access location or use. The owner shall be given sixty (60) days notification of pending actions, after which the County may install barriers across, or remove, any access not conforming to this Article XIV. Any access, driveway or curb -cut being constructed within County right-of-way without an approved access permit shall be required to stop work immediately and apply for an access permit. If the permit is approved, work may continue subject to the conditions of the permit. If the permit is denied, any work that has been completed must be removed and the road and drainage facilities returned to pre-existing conditions acceptable to the Department of Public Works, upon completion of any appeal or the time for appeal pursuant to the provisions of Section 8- 14-70, above. Sec. 8-14-90. - County authority. Notwithstanding the issuance of any access permit or the construction of any access, Weld County reserves the right to make any changes, additions, repairs, conditions, and relocation or closure of any part of an access within the County right-of-way at any time, including, but not limited to, in connection with the relocation, reconstruction, widening and maintaining of the road or right-of-way, without compensating the owner of the access for the damages to or destruction of the access. Sec. 8-14-100. - Access Control Plans (RCP's), and additional techniques and requirements for access on County roads. A. Access Control Plans. The purpose of an Access Control Plan (ACP) is to maintain and enhance the safety and mobility of a corridor while also providing reasonable access to adjoining properties. Each intersecting driveway and street are an access point that increases the potential for conflicts between through -traffic and traffic using the access. Access 10 management is important for protecting the public health, safety, and welfare by enhancing the safety, mobility, and reliability of the transportation system. An ACP establishes and documents standards and policies for developing a roadway corridor through cooperation among the stakeholder local governments and agencies in the vicinity. ACP's are typically developed by one or more local governments and/or agencies or, in some cases, prepared on their behalf by a consultant. Local governments and agencies agree to adhere to the standards and policies of the ACP and the ACP places responsibilities on owners and/or lessees of property along the corridor. Weld County recognizes that property owners have a right of reasonable access to the County road system. However, within an environment where development promotes population and employment growth, impacts to the roadway network are inevitable. Increasing traffic volumes will affect mobility by raising travel times and delays in the system, increase safety concerns due to a greater potential for crashes at intersections and access points along the road, and impact travel reliability due to higher numbers of incidents and accidents. Roadway improvements, such as widenings may address many of the roadway capacity and travel delay issues associated with land development. Traffic signal and roundabout installations can improve safety and mobility at intersections. Access management along a corridor will likewise have positive impacts on safety and mobility by reducing potential conflicts and delays in the travel stream. As development occurs and roadway improvements are made along a corridor, access management techniques are applied to decrease the number of access locations if possible and reduce the impact to mobility through design standards and mitigation improvements such as auxiliary/turning lanes. On corridors with an adopted ACP in effect, recommendations for each existing and future access location and policies that guide future access management efforts will be enforced. B. Access Operational Movements. When a safety concern is present at an existing or proposed access, Weld County may restrict or modify the type of access operation to ensure traffic safety movement at the access. 1. Full Movement Access. All potential movements for the access are allowed. 2. Three -Quarter Access. All movements allowed except a left turn out of the access. 11 3. Right-in/Right-out Access. Only right turn in and right turn out movements are allowed. C. Access Control Techniques. A reduction in accesses onto a County road will improve traffic flow, operations, and safety of the traveling public. To reduce the number of existing access points, applicants may be required to implement the following access control techniques to reduce conflicts while maintaining adequate access to adjacent land uses. 1. Elimination. Applicants may be required to eliminate accesses identified as unsafe locations, where there are more than two existing accesses for a parcel, or do not meet spacing requirements identified in the Weld County Engineering and Construction Criteria document. 2. Relocation. Applicants may be required to move or relocate existing accesses to a new location to either align with other existing accesses or to meet spacing requirements. 3. Consolidation. Applicants may be required to consolidate multiple accesses into a single access or coordinate with neighboring property owners to consolidate existing accesses into shared accesses, whenever feasible. 4. Movement Conversion. Applicants may be required to convert their access movement through medians treatments to eliminate some or all turning movements in order to reduce the number of conflicts between left turning vehicles and through vehicles on the roadway. D. Access Types. Access type refers to the land use on the adjoining property that the access serves. An approved access permit helps establish the access use and existing level of intensity to the property. The following access types are the most common in Weld County: 1. Agriculture/Field/Ditch Access. Support farm and ranch operations with a low trip generation generally used during planting and harvesting seasons. 2. Residential Access. Driveways to residences and are considered a low trip generation with approximately ten (10) vehicle trips per day. 12 3. Commercial/Industrial Access. Serves businesses, schools, oil and gas facilities and are considered to have heavier vehicles (ESALs) and/or high trip generation. 4. Multiple Use Access. Shared accesses where two or more properties utilize the same access. 5. Future Access. These locations may have been previously approved but has yet to be constructed or may be an existing parcel that cannot obtain access to a side road and would otherwise be considered landlocked but fall into the requirement of being afforded one access per parcel. 6. Temporary Access. Road access which will be closed after being used for a limited time may be considered a temporary road access. A temporary access permit may be granted by the Department only if the temporary access meets minimum County traffic safety and operational requirements, including sight distance and is not intended to exceed eighteen (18) months. E. Auxiliary Turn Lanes. Auxiliary lanes maintain the safety, traffic flow, and operation of a roadway or access. Auxiliary lanes are required when unique location factors exist such as roadway speed and traffic density, access volume, the volume of commercial trucks, the influence of nearby accesses, existing auxiliary lanes close to the proposed access, nearby traffic control devices, available stopping sight distance, and other topographic or roadway design factors. When applicable, the access peiniit holder is responsible for design, installation, any right-of-way acquisition needed to accommodate the required lane width. Required auxiliary turn lanes must be installed according to the following traffic triggers: 1. A left deceleration lane with storage length plus taper length is required for any access with a projected peak hour left ingress turning volume greater than ten (10) vehicles per hour (vph). The design elements for a left turn lane are the taper length, lane length, and storage length which in combination make up the left turn lane. 2. A right deceleration lane with storage length plus taper length is required for any access with a projected peak hour right ingress turning volume greater than twenty-five (25) vph. The design elements for right turn and 13 deceleration lanes are the approach taper, lane length, and storage length which in combination make up the right turn lane. 3. A right turn acceleration lane with taper is required for any access with a projected peak hour right turning volume greater than fifty (50) vph and a single through lane in the direction of the right turn. The design elements for a right acceleration lane are the transition taper and acceleration length. 4. A left turn acceleration lane with transition taper may be required if it would benefit the safety and operation of the roadway. A left turn acceleration lane is generally not required when the acceleration lane would interfere with the left turn ingress movements to any other access. Further auxiliary lane design criteria can be found in the Weld County Engineering and Construction Guidelines. F. Closure or Elimination of access. When an access is closed, abandoned or eliminated the permit holder shall assume all responsibility for any activities related to the closure/elimination and reclamation of access points stipulated to be removed. In the event the issuance of an access permit requires an existing access point to be "closed and reclaimed" it shall be completed by the stipulated date on the permit. If the county is closing an access, the property owner will be notified in writing, prior to the closure occurring of the date the County will close the access. Closure and reclamation activities may include, but are not limited to, reestablishing the profile of the burrow ditch, removing any culverts and gates in the fencing adjacent to the maintained right-of-way, and attempting to reseed the affected area located in the right-of-way with natural vegetation to the satisfaction of the Department of Public Works. G. Roadway Improvements. Projects with high traffic/trip generation or a crash history may require public improvements; including but not limited to, auxiliary lanes, such as acceleration and deceleration lanes, exclusive left or right-hand turn lanes, or a traffic signal, in accordance with the Weld County Engineering and Construction Criteria, as shown in Appendix 8-K. If these types of roadway improvements are required, the permit holder will be responsible to enter into an improvements agreement with collateral. The agreement shall be approved by the Board of County Commissioners. 14 H. Road Maintenance Agreements. Accesses may require a road maintenance agreement or a temporary construction maintenance agreement as a condition of granting the access peiiiiit. Possible mitigations shall be set forth in the maintenance agreement. The agreement shall be made in conformance with the County's policy for improvements agreements. The agreement shall be approved by the Board. Violation of the road maintenance agreement will constitute a violation of the permit and may subject the applicant to revocation of the permit and/or other enforcement. 15 APPENDIX 8-K. - Weld County Engineering and Construction Criteria 8K.1 Traffic. Impact Studies. The purpose of a Traffic Impact Study (TIS) is to analyze the effects of a proposed development or other land use action on the county's transportation system to deteiiiiine if adequate facilities exist to serve the proposed development and to clearly identify any improvements required to mitigate the impacts on the transportation system. The guidelines in this chapter are intended to ensure consistent, proper traffic planning and engineering practices within the county, and to establish a standard process for preparing and presenting a TIS. 8K.1.1 Traffic Impact Study Responsibility and Qualifications. The land use applicant is responsible for assessing the traffic impacts associated with a proposed development or other land use action. TIS's shall be prepared, stamped, and signed by a registered professional engineer licensed in the State of Colorado with appropriate experience in transportation and traffic engineering. The Public Works Department will review and approve all traffic narratives or impact studies. 8K.1.1.5 Traffic Impact Study Scoping. If a representative from the Department of Public Works is unable to attend a pre -application meeting, the land use applicant is required to contact Public Works to arrange for scoping of the TIS. The purpose of the scoping is to determine and document the parameters for the type of impact study required for a specific development project. The parameters determined in the scoping represent general agreement between the county and the consulting engineer, but they may not be all inclusive. Public Works retains the right to require any additional information and/or analysis to complete an evaluation of the proposed development project. It is incumbent upon the applicant to supply completed a traffic memo or TIS checklist form and be prepared during the pre -application or scoping meeting to discuss: 1. Previous TIS prepared for the site, if any. 2. Location of the site. 1 3. Existing and proposed access(es) and their relationship to adjacent properties and their accesses. 4. Preliminary estimates of the site's trip generation, trip adjustment factors, if any, and trip distribution at build -out. 5. Anticipated roadway improvements. 6. Special analysis needs. Completion of the TIS/Memo scoping will result in a mutual agreement between the County and the land use applicant regarding the level of detail and extent to which the traffic narrative or TIS will need to address each of the following: 1. Study area for the impact analysis. 2. Other development to include. 3. Existing intersection counts. 4. Intersections to be studied. 5. Background traffic volume forecasts. 6. Special Analysis needs (this may include consideration and/or comparative analysis of modem roundabouts as intersection control type). As part of the development review process, all new commercial or large residential developments will be required to submit a TIS that is prepared, stamped, and signed by a registered professional engineer licensed in the State of Colorado, unless the TIS is waived by Public Works. To be deemed complete and acceptable, each TIS should contain the elements included in the checklist shown in this Appendix 8-K. 2 8K.1.2 Updating Existing Traffic Impact Studies. The following scenarios will require the preparation of an update (or amendment) to a previous study, or the preparation of an entirely new study. 1. When the time or circumstances of the original study fall within the parameters presented in Table 8K-1, the applicant shall prepare the appropriate documentation identified in Table 8K-1. 2. When the original study was prepared for a large, complex, or phased project and was designed, organized, and written to function as a"base" or master plan document for future development applications, it must include updates to the County Comprehensive Plan found in Chapter 22 of this Code. (These types of studies require scoping consultation with the County prior to their preparation.) Table 8K -1 —Updating an Existing TIS Updating an Existing TIS Original Report is: <2 years old >2 years old Changes to the Original Development Access changed, or trip generation Increased by 15% Amendment letter: identify and discuss only items that changed New study Access did not change, and trip increased by 15% Letter documenting change (No other traffic requirements) Amendment letter: provide new traffic counts, new trip generation, new LOS analysis, meet all TIS requirements 3 Hello