The URL can be used to link to this page

Browse Search

Home My WebLink About20192132.tiff` IN THE MATTER OF ' E CHAPTE 8 PUBLIC •'R , OF T BE IT OR AI E z:Y THE WELD, ST TE t•F COLO D ELC U TV E 19-09 A`r�1 REENi'ACTING, WITH A COUNTY CO -'E C TY CMMI ENif:1,EATS$ S OF THE C yUNTY HE ":ES, 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 WHE'3ES9 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. C1 f�. ::,. ; P PU �LNC Amend ARTICLE to Contr.!ctl 1. -�.�li .lV d Seca 8-1 -30. Informati.T?n and a 11 Stet rm ater Ra- - l-at9 - eneraPer eft C I lcato = n f r:rs • Information and application forms for stormwater permits or R -Factor waivers may be obtained at: ww .-cd,.pt ii&A L aeli ti- sUJ- i�tcolorad0wate[erg its.corn or by calling (303)_092- 3500. ARTICLE : -81 m Gradln* Permit Policy Amend ec., ra ink 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 beylond 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. ;s 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 \N thin a designated Municipal Seoarate Storm PAGE 1 2019-2132 0 R®2019-09 Sewer Systems (MS4) area. The Department shall determine if the exemption is in accordance wih the County's MS4 permit. Other permits, such as right-of-way, flood hazard or ISDS, may still be required. 1. and 2. — No change. 3. Trenching incidental to the construction, maintenance and installation of approved underground pipelines, electrical or communication facilities_ where less than one (1) acre is disturbed is exempt from Grading Permit requirements. Trenching for pipelines, electrical or communication facilities or for future maintenance, where the total disturbed area exceeds one (1) acre, shall not be exempt. Construction of access required to complete the trenching or for future maintenance shall not be exempt. 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. g Conservation Commission is exempt from Grading Permit requirements. County capital improvement or County maintenance projects within a right-of-way. gnated Municipal Separate Storm Sewer Systems (MS4) area. 76. Maintenance and cleaning of existing ditches, lakes, ponds and water storage reservoirsa 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. 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. Enlargements to parking areas less than one (1> acre larger than the original area of 11-0. Graves in cemeteries. 121. 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 PAGE 2 2019-2132 ORD2019-09 d'3 -V f2 'E Yti-y+ f n sand natural surface trails shall generally conform with the performance standards of this Section. Amend Sec. 8-12-40. Definitions. = ; ' e--p-u-repo - - ` 4s---3 r i-cT-e , t foUo - r"-m--S-prae o ds-a4 4he'- -a64- '-a n -----s a - -hav t h e msa-n-w-r- -s- g - _ here i n a r r d a - total -area -of -fort l—ar a -o- - : �t-•-r-ee4housand five-h� n (A3 -5&Q) sa et . • e t ---M a a- e mre-n-tP- ct-i ms s ---f -re o- -the p --r o -S- o -S-l- - aka -S- n -ands - -i- A e t ,n ♦'A @h Ya,e,,,.�n 4 •T.. -Y/ ��,� d-.� {. E `4l • n t CY' .� �1 V f e Ai •�4, e ��' 6 0 ��a ₹ 8 6 ��0 5 � that -have l`�.d° � �' �9 '�.a 9 A 6 � �'a.+`'�� bs'� ��bli �'�'j �t,�. d ^--ll-�� ._:3 � �..� � � � c..,s osn—Sorb; cep. 11 For thePUFPGEre,-S—Of its Po - b —or ved c a ng--p-o1i 4- 4 o from o m nag this .Article, B -MPs -ad-dce-ss G -Pr-S3 L G Contiraster o S e 1ns-a- -9 a- _ ` fo l €-"d-- th-e-.a t- 0 o e -nic ` `' � rs 4 y (ra co o p n- i e -a -P- em_ H• a e_ - is B Q�E B a 1 d S -A �' -. 9 � � -° i�B 9 �eY 1 tl N f -1�0� -�d 1 -V c ms 6n �s -CS u vm d -ale a-�m e=a n that --a a f-4148-1 ands std -0 --e di s c b d -by -any ufran4h-e prop v y- can s9 _ h l-u-d-i ; 1au -ot 1-i -i ;- d to: grading; exea; a k ; st p-Un & l-i or o -h-.e.c � e 1 ri ; re----o-Ed po- it -of -al P 0- , s I o -r- hsr-m- -r a a -r o-thE -f- ch v 0tl- — a� use -ea se set D a .4 e d c- ' 0 a ` _ 3 s neat _ En ct e e4Nageref br i n -i6 !'� 4 t -is - a'.. a -rtGa rak---o-r =am ---of a- c r c l _ zoned id -ens �t y -a ans ' c c- tti k n- ��1f, Y � �3the-se-7- `� � e -a -ad -g-'1 �. per. -oa --- •ga -r-ac-inc 4an--m-ean s t h c n vu-ct-S-so-` i dca -i-n.g-or other- �. _, r ; ct ion s ww-ng-(-h '-J m-s#ng-a-n- t -he pro s e -d -e -p e- a -t- n -con -e urs -- h a aa:-to- e _ disturbed - y- -nstrUt-y a -n . hand ---a t u`6 b -a c Ac. i r me -all- & ny -a''� tk4e � changes--the-`-vo i Lime e or e -a '" -fi ''` di -s har- t --e: h e l 4h-i ei a ig s a -i-n- or--'+ , 4 avati- -9 g� `` •n -s' l -, ce e- - itl - tA--i' -' -t- - Fi Y , i a t n-gbo o dn` ' ' if -u - - .0 -o-- . v.eg tt-i- n- r a n -y -act i-v tAl-wk-i- - es s a a��- a d r o o c-4 -V-milv e -- -e4 1-vsrst -n- y-n r urakGr-rn-a-n- gib de -wa4 ts `-,-off- - -- ��- nes-r -a-n-S a Ld e u. ed a c -ove sad cgabl _ e, e 7 G O..A1 7 II ces, s b0 ucte F -n es . „ran fa d ' .0 IGR€T k3 ri-' np w r�, e -g a -s- an�' 1 p .. te-- -4 as--d-64-need-by-the 6 -need-- e F e d e Fa l F- -eon- -n a l ro n--•Ag E P EH -4 -C 12 2- -a-c- nvey -n-G-e 1-- e- -e- w & yar c a s fulekfding reads -with -4 r -i-n a ge s -s to r s , m un i-G -l. e. S ; -- catch - e4 -n -s , C u rzo � -c ,utt- rs channels is Gr -term-d-r n$ -e -n - o o p a d -b-Ncounty,-f- •or town-tn.-24 d-i-arcs-into wa-te r ' -t-1-e--J n4 , d--- te . ti = a a b � 4dec m -n-S--°n e--. •wner- ep- rr - r p e- s -on —a d19 a -n y- s mot •Mr1 , vrca -tad-ne-oc •o- 9-p' ' I nd h-e--c-o-n st 99 t n--s-i e -wh • his --o- aine-d--. Gr-a4 ng; P e 6 r +h----_ d s ° n t to -t- s -c - -t r a-thr- g' t s r n e- i � r� ��- 0-_ s, a of a nsp 4a -i_ n-pureas e s, a road -way -o-r-ht �.� . a e -a e -m e n t, • ba ��rrrbs t or - the r Sediment 4h -a s h _ ow -s- -e pro pass f nosh e 4,- n_ r PAGE 3 20192132 ORD2019-09 a -n -`-d-e-picts- h— loc o t i on-of--a41-ero s en-ad sS I m an t control note —as — re _ ikicP-s) . 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 path/ performing the installation and construction for a permit holder who obtains a permit pursuant to this Article. A contractor may be a permit holder under this definition. Control Measures (formerly Best Management Practices/BMPs): for the purposes of this Article, means temporary or permanent erosion and sediment control methods that have been determined (according to EPA guidance) to be the most effective, practical means of preventing or reducing pollution from nonpoint sources. Control Measures address prevention of water oollution and control of dust from construction sites. Disturbed area: means that area of the land's surface disturbed by any work activity upon the property by means including, but not limited to: grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned agricultural or the tillage of a parcel zoned PUD (planned unit development) within the area identified for agricultural uses. Grading: means excavation, cutting, filling, clearing and grubbing, stockpiling and recontouring the land surface, or any combination of these. Grading plan: means the construction drawing or other depiction showing the existing and the proposed elevation contours of the area to be disturbed by construction. Land disturbance activity: means any activity which changes the volume or peak flow discharge rate of precipitation runoff from the land surface, including, but not limited to grading, digging, cutting, scraping or excavating of soil, placement of fiil 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 PAGE 4 2019-2132 ORD2019-09 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 nonpermanent control measures. Aend Sac. 8-12-50. Grading Permit ap Iication. A. Complete Application Required. Applicants nshall file a complete application for a Grading � � wi f _ �d �. Q 1 'L =` • J, a + ' Q �Z_�1' �Z Il 'L.� �� . .y\;� � ',v .er. � �i .ra.� 2'-i.�F• - (�+ �.> Q. Permit. .era€, ; p -l--c-� n -mss , S �.; b -r , - .i- o h t� u id h� 0 , . E s ce on De �� •h-aU-oti:. th- -D a-rtms o -t _ Public -Works. 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 gliiPscontrol measures to be utilized at the site shall be provided. Typical --W-Pcontrol measure installation details and maintenance notes should also be on the drawings. C. A complete application shall include a utility map in accordance with Subsifface Utility En ineeri(SUE /811 Law Level B, 6B18-167, if the construction meets the application conditions. Amend Seca -12m t Application review, permit itxt,nsi t, n® rading Permit issuance, permit expiration and 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 e -p -4 e-nt-of-Ru kc V o s- eskn Stom:n- - CaL ntv'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 B-Psmeasures 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 PAGE 5 2019-2132 ORD2019-09 erosion control BMPsmeasures 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. - 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 k r 8;d-2 of -this Code. D. - No change. E. early Release of Grading Permit. An aoplica nt may apply for early release of a Grading Permit for a project requiring the issuance of a land use permit for the tine period after approval by tho Board of Coln y Commissioners or Planning Director and prior to recording the required plat or SF. Permit Expiration. Every approved Grading Permit shall expire one (1) year from the issuance of the permit. � h -oo- t-► �n--of wo `c a t��a r. -- 1,.S a i' 1 e--nded p � - ding Perm f a _ ban ps ci-ati ne-(-i-lea r at s n-yt , er _ the _ we h g -u n -1f the permit h a s expired, the Grading Permit must be reissued by the Department of Public VVorks -before work can begin or be resumed_1h -G-3= -°fin: ern- ust be s eissu d--by-th- -4r.,° E pb----of -Public—Works, Prior to the expiration or closure of the Grading Permit, the disturbance shall be stabilized, and non permanent control measures shall be removed. FG.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 sT ec0 8-1240. C s..?, my auth rity. T-hy — pactr e-- y 9 t of P u --b. l-i c \Necks s h 1H4a e-th -o- t-3/4 to sus -p et work, Al h -mod l- '-or- n -o a ecH --ow e4a4-1- e of & h' -ot H-erlthr-to-p3$ -p eGy4e the wc- 4n -ate --ea e- t h -t is A Amend sec 8-12®4T . Permit Holders g net l respnsobilitieso 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 a -an ge &r Rract e-sControl Measures. The Permit Holder shall ensure that all erosion and sediment control BMP reasures shown on the approved plans are correctly installed and maintained. PAGE 6 2019-2132 RD2019-09 B. a d C. - No change. D. Surety. Of deemed necessary by tie Department of Public Works or the Planning Deoartment through the land -use the-Rae-proces s -by theP W-rn t -c P-ic \{ ro..r'-:_ , the Permit Holder shall provide a surety bind nd/or other security for the total amount required t,•; stabi ize, restore or rec aim the disturbed ground to prevent erosion and/or release of sediment, excessive storm water and/sr pumped wat discharges to surface waters from th construction area. Said security shall remain in effect for a period of twenty-four (24) months after al completion if construction anc establishment of erosional stability. The amount of the security shall be sufficient to stabi ize a disturbed site to prevent releases of sediment and water from construction sites and protect the hoa th, safety and welfate of the pubic. The amount shall be based on cost estimates of site .restoration provided by the applicant and ppro, ed by the county ngineer. Whether or not covered by surety, the Permit Holder shaft reimburse the County for any anc all expenses incurred by the County Wthin twenty-four (24) rn.nths after comply Lion of any work as a result of, or re[atec to, failure by the Permit Holder to perform a00 installation, construction, maintena nce or .:her ork pursuant to the Grading Permit, in a workmanlike manner. E. Uti ihy Locates. The Permit Holder shall be responsible for uto ity Ir•cates in advance of the cinstruction or excavation, in accordance with state law. The e rmit Holder is responsible for any damages to existing utilities or structures. F. thru H. No change. 0. Site stabilizayion, Restoration and Cleanup. The Permit Ho der shall assume aJll responsibility for staoi izing the permitted site to prevent erosion and discharges of sediment. The Permit Ho der shall also assume all responsibility for removing all debris ;sssciated ith the cons ruction activities in the C.unty rights -of -way and_all non -permanent control measures. Of, upon inspection, the Department of Public Works determines that there is risk of erosional damage, or sediment discharges o" de=bris has not been rem ved from the County rights -of - way, the Department of Public Works shall notify the Permit Hleer of the violation of tie Grading Permit conditions. The Permit Holder, upon notification from the Department of Public Works, sna00 c rrect all work to the extent necessary. he work shall be completed within the time perioc specified in the notice from the Departmett of Public Works. If the Permit Holder fails to estab ish site stability or restore the rights -of -way in the manner and to the conditioi required, the Jepartmert of Public Works may have the County perform the restorations. Or that evert, the PerH,it Holder sha 0 pay to the county, within thirty (30) days of Wing, the cost of rest: ring the county rights - f -way. Remainder 0 f Section - No change. riiend Sec.-12=9Oo linspectjons. A. Inspecti ns during the cons:ruction oen.d i'dvil-imay, be made by the Department of Pub c Works to ensure that work is progressing in compliance Wth the Grading Permit. 0t mall floe the responsibility o' the Permit Holder to provide safe access to the work site for tI ;e lepartment of Puolic Works and to all others, as authorized by law, fir inspection a: all reasonable times curing tie execution and upon comp etion of the work. At the time of inspection, the Department of Public Works may order the immediate termination f any work which poses, or is causing, a serious tires" tthe life, hea0th, safety or well-being of the pub ic. PAGE 7 2019-2132 0802019-09 B. — No change. C. The Iapartment 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. ens Seca 8-12-100. dministrative 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-�� s- se-ppec ti x44\14o h-isap ). Amend Sec. 8-12-120. Failure to c amply with terms of Grp fn: Pennillt. A. — No change. B. The Permit Holder shall prevent releases of sediment and water from construction sites that have the potential to cause damage to private property or County -maintained infrastructure. In the event that construction activities result in erosion or sediment and water discharges causing damage, the Permit Holder shall immediately attempt to prevent further harm, install or replace appropriate BM--Pc-control measures and correct any unsatisfactory work. Remainder of Section — No change. Ad I ARTICLE X I RoadAccess Sec. 4=10. ritent of road access pacIL 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 -oz -way within the unincorporated area of Weld County. =20. urro se and jntent._ 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 ric,hts-of-way and requires the issuance of an access permit prior to construction. PAGE 8 2019-2132 GRD2®19-09 Seca 844-3O R ©L .t, flto n of access onto County unty Teo cchrnys A. Access to a Single Parcel. Each parcel sha �tl a nd egress, which pia SubsecUo ., bellow. Access Po or reconstr a Cou Works. be an existing or r� mit Rogl iirod. Any ctinc ga ifng altering onlargi right-of-way No suc m LA st first be iss Cn work shaH corn ence prior to ew s irited one access point for safe inigress ]ared access, except if .allowed pursuant to person constructing a new access onto a County rig1=o=way, g or charm ire- the use of an existo ._.q access on o ed an ccess Permit by he Department of Pub k o issuance of an Access Permit. C. issuance of Access Permit. Access and rec Is set forth irn this A io perrrni ed if it is detrimental to tC uo pub ergerc, Access All wed. Po i e rrinits sha e XOV ice,fire a (rib be issued i only it i colnph ncce with no event shad an access be a fare and S \ the rules owed . or a ce and othor emergency providers may have droct access to County roadways if no other access is permitted. E. Additional Access. Addditional accesses to a pate{ rrinay be allowed if thee cor t ply with the specir g criteria for that rOf a row access is rog uested that does not meet the spicing criteria to a ega pa rco where an eAstThu access a ready e fists, tiPmo add tiond access sled not be approved unloss the donna of tce new access creates urdue hsrdishp on she propoiy owner, as doterrinod by the Defog nert of Pub c Works. Whenever r i„. tipie accesses to a single !Dared exist and addfloned accesses are regrted, one (1) or Fore existing ccessos must be removed, mini Access Permit a Condition of mi ino new accesses and utilizing ex sting accesses. iiarig Per snit. Who a _ new access is to be constructed irn co II anction vitn the construction of a new principal structrre, the issuance of an access permit shaH oe a oonditio u.r obtaining a Cali dnrg permat for such construction. fi ono propero owiror INN be asked "o apofp'or a few access permit 'or r ,y _ e xisting access ()cation n fritver preyy s y permitted. G. Cha n9es in Use CDassification/ :doe or lncr ease 011oU L of Traffic. When on existing access ocatiorr changes there is a change in use of the access cla ssif rogation/typo or an increase in The amount of traffic usinu n access. a new access per gilt sha [ be required as a candid n of the c' w on i h use. if a new access is the resuOt of a change of use or irrcttased traffic, an Omprovements and road rittenarce agreement may be reg sir ed as a coed tioy of the access permit, where app is aCb a A cnange of use may incijde, but is not Dirltod to, the amount or tvoe of traffic, structural mo O icatiors, r emodeiing, is r d use change, expa nsior of an exdstirs business, change irn zonirngL cnange irn ill. Access A(pr oval as a Coidition of a access is to be uti ized in cola approved access Dod ation of Ones, and creation of and Use Case. cis ion ‘Mtri prior to recording access permit when newly to construct t improvements and road raid ii e t e access lance agreed i ent. use case" may include, but is snot HmOted to app u e parce s. When a row existing), snared se case. the p at r p sna identify the n at. _ he prole owner orals afoo for an and may be rock ii red to enter into an For the purpos es of this Attic e X V 66 nd .�,� ications seeking app nova or use of a proper -1i n dor t.ne processes fisted inn rlvnapterP23 of this Code, o9ivisior ofJproper iiesi purrs ,nt to the procedures f oind in Chapter 24 of this Code, or H nred Unit Develoomont U urouo processes deta fled irn Chapter 27 of his Code. PAGE 9 2019-2132 ORD2019-09 I. Access Spacing Criteria. The following Table I reflects the minimum access spacing criteria for county roadways and intersections. Table I — Minimum Access Splicing Criteri Access Element !Distance between intersections Signalized Unsignalized Distance between accesses and intersections Arterial 2,640 Collector Local N/A 1.320 1 660 �7istance between access points 660 4A, YAWS, Distance between access points in suodivisions Saco 8-1440. 1',ccess Permit application process. 660 1.320 N/A 660 330 330 330 330 150 A. Submittal Requirements; Complete Application. An aoplication for an access permit shall be considered complete if it is submitted on the required form, indudes all mandatory information, including all supporting materials and is accompanied by the applicable fee. The application must be signed btthe arooerty 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 VVorks 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. S. 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 concurrently for multiple lots. Such "development access" is sub'ect 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 recuirements defined in the Weld County Engineering and Construction Criteria, as shown in Appendix 8-P, or in other pertinent laws, regulations or PAGE 10 2019-2132 GRD2019-09 ordinances, and that all required applicant. Changes in Ap ees nave been paid, a proved Permit. An a access permit s °proved permit shall not be c Tall be issued anted, modified • o the altered with Lt writteo authorization fror the Department of Pubic Works. All work shall be done in conformance with tic approved permit. Penn I irl itations. An ado,;'ovcd access permit expires afer ore_9ear from its date of ossuance and reqLires ires the permit holder to meet tie specifications and gerera eng i eeringi standards of the Weld C.ourty Engineering and Construct or CCnteria, as shown i< ≤ Appendix 8-P when working or the permitted access. The Depa nett of Pubic Works shall be responsible for ensuring compliance with sucem specifications and standards. Sec. 14=50 Pa[Cl i 1O den's Cie-nerr'ai rCsponshbfi Demo A permit ho aer is responsible t.- complyf with the general provisions of tris Code, i vcludi� ug temporary accesses permits issued for the following items: Additional requirements and more detailed ihfoniation are siown in the special provisions of the access permit. A. Utility Locates. The permit holder shad be rasp`:U'sibile for contacting tie Utility \otification Center of Co orado (811) for t ftility locates at east seventy-two (72) hours in advance of the access construction, if excavatio i is regJ fired. B. Traffic Control. Access construction activities shall not interfere with traffic on County roadways. f interference with traffic is required, a traffic contrd p shaH be submitted to, and approved by, the Department of Pub is Works as part of tie permit a oplication. _Ad traffic control shaH conform to the most current version of the Marta on Uniform ^rausfic C or,trol Devices standards, which is available for review or the Cedera a _ lip Tway Administration werosote. ,ll regulatory signs require aooroval of the Board of County Commissioners. If applicable the permit holder shall oe required to instal all necessary signacae aid shall bear all expenses for the fab rication and installation of road and siqns required as oart of a development project `e sign, speed limit e:c. . na a signs, permanent barricades, one way, ro parking, no outlet, stop C. Drai rage I me 'forence. A permit holder snail not obstruct the, natural free and dear passag of water along affected, the per with Section 81 e roadside ditch flow lines or other w aterwas. 5f surface drain Fait holder is resp nsib e for the proper disposition of the runoff in accordance -40 of tie Chapter. e age is to be D. Tracking control. uernanent yeric e tracking controls provide stabilized site access where vehicles exit a location onto apaved road._ Vehicles are required to penform a corn olete revolution of ail tires prior to entering a Coup maintained roadway.Efr`ective vehicle trackirg control he remove scdo neat (iud or dirt) from vehicles. Co --� mercia_L in l� atrial or -iq traffic vo u°rte accesses shit I provide oermarent tracking control dovicos which include, but are not limited to, doublo cattle guards or a paved (aspha tLconcrete tracking pad extending three hundred (300) feet into the site mitigate impacts to t ne public road including damages and/or offsite tracking of mud or other materials. Requests for temporary tracki i control techniques rust be aporoved by the Depar:rent of Pub is Works prior to installab n. �emporary ttracki ggi contr° snap be t sed during construction un ossjocrmanent tracking control is insta led ahead of constructoor activities; such devices ude, but are not flea ted to, crushed natural aggregate (recicled crushed conurc cte or aspha t shall of be used for ( ny PAGE 11 2019-2132 ORD2019-09 vehicle tracking pads) alornq with a geotextile fabric or pre -fabricated vehic with approved dimensions. Use -by -right Permitted agricu tural tracking control required le [ts. -racking control is rog uired for constru le tracki.lg ads accesses are exempt from ction of accesses to a prevent ` erac'king from the site onto paved public roadways. The permit holder cola be held financial y responsible for damage to the roadway resulting from inadequate trackino control. AM tracking control devices and designs must be in accordance with the weld county ncineerong and ConstrL cation criteria. ,Aopendix 8P. Access Constroanon, Restoration ano Clean -to. he permit holder is resporsibDe 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 the creation of a new access from Ovate property to a county roadway. Accesses should be constructed in a manner that Tlini nnizes erosion : and does not result in disposition of silt and debris upon the county roadway or roadside ditches. Accesses which slope down toward the Couoty road will be constructed to assure that water does not run onto or across tre traveled public way. This may include designing the crown, borrow ditches pans, or other elements so that they direct water to tre existing drai -cage facilities alone tho road. -ne oer h it holder shah assume all resporse for ren Novi ng all debris associated with the access construction activities and restoring the Co , flt�- _ roadway to pre-existing coriditiorits. The access permit allows construction of the access without the need for obtaining a separate right-of-way permit pursuant to this Chapter. l nstallation of commercial/industrial access(es) may require a traffic contrI plan to be approved with the access _o rmit. the permit C °I Jar, upon notificatiol from the Department of Public Works, shall correct any items not consistent with the approved access Qermit within fourteen V 4 days. Of the Permit holder fails to restore the right-of-wy in the manner and to the condition required by the Depanlme nit of p blic works, the Count may remove the access or perform the restorations and invoice the permit holder for the exsoen se(s) incurred by the County. F. Access Sight Distance. Sight distance is essential to protect the traveling points along Coumadways. Sight dista to the driver and is dependent upon the height of the driver's eye above specified ob,ect height above t ne road suinace, and the hei ht of sigh pub cat all access nce is the length of roadway that is clearly visible he road surface .she obstructions within the line of sight. The minimum siont distance available on a roadway must be sufficie nt to enable a vehic e trave ing at or near the design speed to stop before reaching a stationary object. l n evalu atincj the overall performance of a roadway, both the horizontal and velcal sight distances must be considered. When items such as walls, b,iildicngs, 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 anead. f they are too close, the driver will not have sufficient dista ice along the curved roadway to stop when a hazardous condition comes into view. he minimum mequirements and technical criteria for sight distance are in the Weld County I _ ngineerirq and construction Criteria, Appendix Sec. 844060. Variance from specific access permit rr©qq ktments. A property ownier may request a variance from specific requirements set forth in this Article X V. me Department of Dub is Works will consider requests for variances on a case -by -case basis. Requests for valances ray too submitted h a written letter to r'ublic V Arks addressing the hardship or justification for the variance and su.orting cocunertation to exp air whyS cane lot comply with t.r≤e requirements as outlined in the Weld Cou r qty Engineering a rid PAGE 12 2019-2132 ORD2019-09 Construction Criteria, Appendix 8-P. Requests will be reviewed and acted upon by the Public Works Director or designee to ensure they will adequately protect the public health, safety, and welfare. Public Works will respond with an approval or denial within thirty (30) days of receipt of the variance request. -14-70. Appeal of denial f access ermlta 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, 844-80, Enforced Lent A. Violations and Penalties. The County, through the Department of Public Works or other departments so authorized, may enforce this Article XIV through methods included in this Section, or through other methods adopted by the Board of County Commissioners. B. Criminal Penalties. 1. it is unlawful to construct a new access onto a County road, or reconstruct, pave, alter, enlarge or change the use of any existing access onto a County -maintained road unless an access permit is first issued. Any person, firm or corporation violating any provision of this Article XLV 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 (` ) 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 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 penaltassessment procedure provided in Section 16-2-201, C.R.S., for any violation of this Article XIV. PAGE 13 2019-2132 ORD2019-09 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 sub;ect 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 t0 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 VVeld County Court, during which such unlawful activity continues, shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event shall civil penalties, imposed pursuant to this Subsection, constitute a Her against the real property. F. Inspections. The Department of Public Works or other County departments may conduct an inspection of eaci 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. PAGE 14 2019-2132 ORD2019-09 'The co 8=14=90. County author o y. 'Notwithstanding the issuance of any access per nit or the construction of any access, Weld County reserves the right to make any cna nges, additions, repairs, conditions and relocation or c ()sure of any part of an access within Use Co int ri r t -of -way at an\ _ time rcUudhig, but not limited to, it connection with the relocation, reconstruction, widening ana maintaining of the tad or right-of-way, wothout corn oensatinq the owner of the access for tie damages or destruction of tie access. Sec. 8-14!-100. Access Control' pans ,,,C 9s and ac]dotoonsA techrogles and rreco Morcncr Ms for access an County roads. A. Access Control Plans. he purpose of an Access Control Dian (ACP) is to maintain and enhance te safety and mobility of a corridor while also providing reasonab e access to ad oinin g pr's perhhes. Lacs irtersectio g driveway and street are are access point that increases the potential for conflicts between tthr upinmtraffic and traffic using tie access. Access managemert is important for t. rotect nq the 'pet) is hea tnu safety, and welfare by en'lancing the safety, mobility, and reliabilit . of the transpo1eatio i s /stem. An ACP establishes and documents standards and policies for develoQing a roadway crridor throuoo n c000eratoon among the stakeholder local governments and agencies h the vicinity. ACP's are jypicallo developed b one or more local governments and/or agencies or, in so'rre cases, prepared on their !behalf oy a corsultant. ,ocal govern Elie[' is and agencies agree to adnere to the standards and policies of the ACP ard the AC G' 'daces responsibilities on owners a id/or lessees of property along the corridor. Web Count recognizes that oropert owners nave a via it of reasonable access to the County road system. [owever, wDt lon an envoronnent where development promotes popdattion and employment growth, impacts to the roadway network are inevitable. Increasing traffic volumes will affect mobility by raising trave threes and delays in the systen, increase safety concerns due to a greater potertial for crashes at intersectins and access points _ along the road and impact travel reliability due to higher numbers of incidents and accidents. Roadway improve rents, such as widenirgs may address many of _ the roadway capacity and travel delay issues associated witIan id development. raffle sogral and roundabout onstallauo _ s can improve safety and mobi n' at intersections. Access manacemelt along a corridor will ikewise have positive impacts on safety and mold ity by reducing potential conflicts and delays in the travel stream. As development occurs and roadway imprvemer its are made along a corridor, access management techniq e es are app iedl to decrease the number of access locations of oss bile and reduce the impact to mobility through design stasaards and nniti iation improvements s cn 2S a .od i2 ry/rurningg lanes. On corridors with en adoQted ACP in effect, recommendations for each existing and future access ocaion and policies rat g fide future access management efforts will be enforced. B. Access QoerationaD Mi oveme rts. 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 moveTent a: the access. 1 2. Full Move me nt.: Access. AR potential movements for Three -Quarter Access. Al movements al lie access are allowed. wed except a eft turn out of the access. 3.Right-in/Right=ouot Access. Only right turn in and right turn out movements are a PAGE 15 lowed. 2019-2132 ORD2019-09 C. Access Control Techniques. A reduction in accesses onto a County road will improve traffic flow, operations, and safety of the traveling oublic. 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 sing 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 adoining 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 wnen uniq e 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 PAGE 16 2019-2132 ORD2019-09 design factors. When applicable, tho access perrni' holder is responsible for desoo installation, any right-of=way accuisitior Heeded to accommodate the requited lane kaidt Reg uoiredl a uxilia P y turn anes mast be installed accord Hg to the followi �g tPaffic triggers: A left deceleraflon lane w th storag wfth a proUected peak hou n hour vph T he design ele storage ke_' ngth wham in co 2. A right deceleration a e ength p us taper lerogtln os "eoluoired for any access left ingress tuHng vol, me greater than ten V 0) vehicles per ents for a left turn line are the taoor length ane leng h, and binaion make _ Jp the eft turn lane. e wot I storage length Plus tape ength is reo with a protected peak hour right ingress turning volume create The design elements for right turn and deceleration ength, and storage ength wh cln in cormnbinatior make WO the no A right turn acceleratio our right tuJrnong vo ufted for a y access tan twenty-five 25 vl anes are the a proacr� ht turn Oa are kiln taper is rep yro red for any access wit- a oropected pea me o direction of the right tur rester than fifty (50) vpn c a a sing e through : re in the The design elements for a right acceleration l ,re are the transii ion taper and accederationn ength. 4. A left turr acceleration Lane with ansiUoo - taper r` ay be regthred if it would benefit the safety and operation of the roadway. A left turr acceleration lane is oener,a oozy not reo uri red when the acceleration lane would interere with the left turn ingress overnnents o an / orer access. -t rt & n ry Lane design criteria can be found in the \V dl county =nor eerincL and C nstruction Guidelines. F c oosure or II _ lirrinatior of access. When an access is closed, abandoned or elirnor'ated the [permit colder shat assn me a l responsibility for any activities related to the c. osu re/8H and reclamation of access points flatted fated to be removed. the event the issuance ®f an. G. g access Point to be "dosed and redai raed" ifs s - 4l be n the permit. llit. Of the count/ is c osing aon access, the prooely n ��rifyi nod prior to the closLre oco chi ng of the date _ the County veil dose ure and redarnation actk/itUes ma/ include, bat are Drifted to, e profile of the b rraw (Nth ch, removing any culverts and in the fencing airtaoned rig rt-otr way, ard attemotin g to reseec the affected area located in aural vegetation to the satis'�aetion of the Deoari--Nen`e of cub Works. Roadway Itinprovernents. ProUects with high traffc/Hp generatio or a crash Nst,ory many require pniboic provennents; ono u g bat not H feed to auxibiary tines, s"�cr as acceler Hon tiding and deceleration loner exc usive left or right hand turn anes, or a traffic signal, on accordarce with the Weld County Hngineering and Cor,str,ction Criteria, as shown in Appendix e -P if these types of roadway im orovernents are required, the oe-mit ho der will Cie responsib e to enter into an imporoveents agreement witGn co latera . The agreement shall be approved by the Board of county commissioners. / with na ��nor.00r access permit regL ores an existi. competed by 'the stipr fated date owner wi ` be notified irhe access. Dos reestablishing t atl acent to the the r rg Get-of=wa H. Road Maintenance Agreements. a temporary construoc`�oon rn peralt. pit. agree agreeme maintenance ag Accesses m / require a Load maintenance agreement or r ortenance agreement as a condition oil granting the access {°'ossbDe HUgations sha l be set forth in the maintenance agreement. 1 _ he ent shall be rrade it I conformance with the County's pd coy f• a n orovements nts. The agreement shall be approved by the Board. vidafion of the road merrier' t will constitute a violation of the perrn r and ma / sub ect the apphce nt Io revocation of the ioermOt and/or other enforcer i6 ot. PAGE 17 2019-2132 ORD2019-09 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. 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 18 2019-2132 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 19 2019-2132 ORD2019-09 Ad A WED X -PWeld Count no in g and Construction crit= roa PA Traffic !impact Stu dge o The purpose of a Traffic impact Study (TIS) is to analyze the effects of a proposed development or other land ise action on the county's transportation system to determine it adequate facilities exist to serve tie proposed development and to clearly identify any improvements required to mitigate the impacts on the -transportation system. The guidelines in this chapter are intender: to ensure consistent, proper traffic planning and engineering practices within the county, and to establish a standard process for preparing and presenting a TIS P.1.1 a1 Traffic pct &Ay Re oon&&bility and Qualificati4 ins. The land use applicant is responsible for assessing the traffic impacts associated with a proposed development or other land use action. TES's shall be prepared, stamped, and signed 9by a registered professional engineer licensed in the State of Colorado with appropriate experience. in transportation and traffic engineering. The cj iblic Works Department will review and afo •rove all traffic narratives or impact studies. 8P.1.1.5Traffic �I � �� a �� If a representative from the Department of Public Works is unable to attend a ?re- 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 dev&lo pnent pro'ect. 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 roposed development rotect. It is i cjmbent upon the applicant to supplcomple_ted a traffic memo or TIS checklist form and be prepared durinc the Jre-ao° lication or sco Thin° meetinc to discuss: 1. Previous ITS prepared for the site, if ,and 2. Location of the site. Existing and proposed access(es) and their relationship to adjacent properties and their accesses. . Preliminary estimates of the site's trip ever Lion trio adjustment factors, if anyi and trio distribution at build -out. 5. Antici ated roadway improvements. 6. Special analysis needs. Cornpfetion of the S/Memo scopina will result in a mutual agreement between the county and the land use applicant regarding the level of detail and extent to wnich tl` traffic narrative or TES wil'' 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 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-P. 8P.1.2 Updating Aisth1gTraffic Impact Stu es. 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 8P-1, the applicant shall prepare the appropriate documentation identified in Table 8P-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 TIS ,.. Updating an Existing TIS Changes to the Original Development Original Access changed, or trip Report is: generation Increased by 15% <2 years old Access did not change, ana trip increased by 15% Amendment letter: identify and discuss only items that changed Letter documenting change (No other traffic requirements) New study Amendment letter: provide new traffic counts, new trip generation, new LOS analysis, meet all TIS requirements 2 Hello