HomeMy WebLinkAbout20193245.tiffWELD 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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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ARTICLE X - Repealed and Reserved.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 OWTS, may still be required.
1. and 2. — No change.
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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.
8. Performance of emergency work necessary to prevent or mitigate an immediate threat to
life or property when an urgent necessity arises. The person performing such emergency
work shall promptly notify the Department of Public Works of the problem and work
required. Any person performing such emergency work shall immediately notify the
Public Works Director of the situation and the actions taken. The Public Works Director
may, however, require such person to obtain a Grading Permit to implement remedial
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
Article.
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): means temporary or
permanent erosion and sediment control methods that have been determined (according to EPA
guidance) to be the most effective, practical means of preventing or reducing pollution from
nonpoint sources. Control Measures address prevention of water pollution and control of dust
from construction sites.
Disturbed area: means that area of the land's surface disturbed by any work activity upon the
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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
determined to be incomplete may, or may not, retain its same processing cycle.
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B. A complete application will typically include civil engineering drawings signed and sealed by
a registered Civil Engineer in the State. The drawings shall include a grading plan showing
existing and proposed contours and elevations and drainage plan. In addition, a Sediment
and Erosion Control Plan that shows the location and types of control measures to be utilized
at the site shall be provided. Typical control measure installation details and maintenance
notes should also be on the drawings.
C. A complete application shall include a utility map in accordance with Subsurface Utility
Engineering (SUE)/811 Law Level B, SB18-167, if the construction meets the application
conditions.
Amend Sec. 8-12-60. Application review, Grading Permit issuance, permit expiration and
permit extension.
A. Review Process. The application and other data filed by an applicant for a Grading Permit
shall be reviewed by the Department of Public Works. The application may also be reviewed
by other departments or agencies to verify compliance with any applicable laws. If the
Department of Public Works finds that the work described in an application for a Grading
Permit conforms to the requirements and regulations set forth in this Article and meets the
requirements defined in the Weld County Engineering and Construction Criteria or other
pertinent laws regulations or ordinances, and that all required fees have been paid, a Grading
Permit shall be issued to the applicant. Criteria upon which the Grading Permit shall be
considered include, but are not limited to, the following:
1. Water quality protection: The proposed construction must include proposed installation
and provision for maintenance of adequate sediment and erosion control measures that,
to the extent possible, prevent erosion and/or release of sediment, excessive stormwater
and/or pumped water discharges to surface waters from the construction area.
2. Adjacent property protection: The proposed construction must include sediment and
erosion control measures that, to the extent possible, prevent damage, erosion and/or
release of any sediment, excessive stormwater and/or pumped water discharges from the
construction area to adjacent properties and roadways.
3. Constructability: Installation of control measures, trenches, excavations and other
construction practices must be able to be performed according to general construction
and safety practices. The proposed construction work must not create a public safety
hazard.
B. — No change.
C. Permit Limitations. An approved Grading Permit requires the Permit Holder to meet certain
permit specifications and general engineering. The Department of Public Works shall be
responsible for ensuring compliance with such specifications and standards. The issuing and
granting of the Grading Permit shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this Article or of any regulations of the State or County.
Additionally, the issuance of the Grading Permit shall not be construed as the approval or
issuance of any necessary permits referred to in this Code.
D. — No change.
E. Early Release of Grading Permit. An applicant may apply for early release of a Grading Permit
for a project requiring the issuance of a land use permit for the time period after approval by
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the Board of County Commissioners or Planning Director and prior to recording the required
plat or map.
F. Permit Expiration. Every approved Grading Permit shall expire one (1) year from the issuance
of the permit. If the permit has expired, the Grading Permit must be reissued by the
Department of Public Works before work can begin or be resumed. Prior to the expiration or
closure of the Grading Permit, the disturbance shall be stabilized, and non -permanent control
measures shall be removed.
G. Permit Extension. Any Permit Holder with an unexpired Grading Permit may apply, in writing,
for an extension of the time within which work may begin under that Grading Permit if the
Permit Holder is unable to begin or complete work within the time required for good cause,
and that the cause is acceptable to the Department of Public Works. There shall be an
extension fee assessed to cover administrative costs.
Delete Sec. 8-12-70. County authority.
Amend Sec. 8-12-70. Permit Holder's general responsibilities.
A Permit Holder is responsible for the following items. Additional requirements and more
detailed information are shown in the Special Provisions of the Grading Permit.
A. Control Measures. The Permit Holder shall ensure that all erosion and sediment control
measures shown on the approved plans are correctly installed and maintained.
B. and C. — No change.
D. Surety. If deemed necessary by the Department of Public Works or the Planning Department,
the Permit Holder shall provide a surety bond and/or other security for the total amount
required to stabilize, restore or reclaim the disturbed ground to prevent erosion and/or release
of sediment, excessive storm water and/or pumped water discharges to surface waters from
the construction area. Said security shall remain in effect for a period of twenty-four (24)
months after all completion of construction and establishment of erosional stability. The
amount of the security shall be sufficient to stabilize a disturbed site to prevent releases of
sediment and water from construction sites and protect the health, safety and welfare of the
public. The amount shall be based on cost estimates of site restoration provided by the
applicant and approved by the County Engineer. Whether or not covered by surety, the Permit
Holder shall reimburse the County for any and all expenses incurred by the County within
twenty-four (24) months after completion of any work as a result of, or related to, failure by
the Permit Holder to perform all installation, construction, maintenance or other work pursuant
to the Grading Permit, in a workmanlike manner.
E. Utility Locates. The Permit Holder shall be responsible for utility locates in advance of the
construction or excavation, in accordance with state law. The Permit Holder is responsible for
any damages to existing utilities or structures.
F. thru H. — No change.
I. Site Stabilization, Restoration and Cleanup. The Permit Holder shall assume all responsibility
for stabilizing the permitted site to prevent erosion and discharges of sediment. The Permit
Holder shall also assume all responsibility for removing all debris associated with the
construction activities in the County rights -of -way and all non -permanent control measures. If,
upon inspection, the Department of Public Works determines that there is risk of erosional
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damage, or sediment discharges or debris has not been removed from the County rights -of -
way, the Department of Public Works shall notify the Permit Holder of the violation of the
Grading Permit conditions. The Permit Holder, upon notification from the Department of Public
Works, shall correct all work to the extent necessary. The work shall be completed within the
time period specified in the notice from the Department of Public Works. If the Permit Holder
fails to establish site stability or restore the rights -of -way in the manner and to the condition
required, the Department of Public Works may have the County perform the restorations. In
that event, the Permit Holder shall pay to the County, within thirty (30) days of billing, the cost
of restoring the County rights -of -way.
Remainder of Section — No change.
Amend Sec. 8-12-90. Inspections.
A. Inspections during the construction period may be made by the Department of Public Works
to ensure that work is progressing in compliance with the Grading Permit. It shall be the
responsibility of the Permit Holder to provide safe access to the work site for the Department
of Public Works and to all others, as authorized by law, for inspection at all reasonable times
during the execution and upon completion of the work. At the time of inspection, the
Department of Public Works may order the immediate termination of any work which poses,
or is causing, a serious threat to the life, health, safety or well-being of the public.
B. — No change.
C. The Department of Public Works may make, or require, other inspections or testing of any
work as deemed necessary to ascertain compliance with the provisions of this Article. Any
work performed without the required inspections shall be subject to removal and replacement
at the Permit Holder's expense, regardless of the quality of the work. Any inspection hours
required outside of the normal working hours will be paid by the Permit Holder. Certain types
of work may have continuous inspection and, when large-scale projects exceed the ability of
the Department of Public Works to provide inspection, the Permit Holder will incur the cost of
a private inspection firm. This third -party inspector will be appointed by the Department of
Public Works prior to issuance of the Grading Permit.
Amend Sec. 8-12-100. Administrative fee.
All required fees shall be paid, in full, at the time of the Grading Permit application. The fee
schedule for Grading Permits shall be as determined by resolution of the Board of County
Commissioners and shall be shown on the Grading Permit.
Amend Sec. 8-12-120. Failure to comply with terms of Grading Permit.
A. — No change.
B. The Permit Holder shall prevent releases of sediment and water from construction sites that
have the potential to cause damage to private property or County -maintained infrastructure.
In the event that construction activities result in erosion or sediment and water discharges
causing damage, the Permit Holder shall immediately attempt to prevent further harm, install
or replace appropriate control measures and correct any unsatisfactory work.
Remainder of Section — No change.
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Add ARTICLE XIV - Road Access Policy
Sec. 8-14-10. Intent of road access policy.
This Article XIV is established for the safe and efficient movement of traffic while allowing
reasonable access to properties. It is necessary to protect the public health, safety and welfare
to maintain conventional traffic flow along with unobstructed roadside drainage and to protect the
functional integrity (safety, mobility, & capacity) of County roadways. Access management is an
important tool in transportation planning, which identifies the spacing and location of driveways,
median openings, and the interconnectivity of road classifications to maintain the access and
mobility function of collector and arterials roads. This Article XIV shall apply to all accesses
utilizing County rights -of -way within the unincorporated area of Weld County.
Sec. 8-14-20. Purpose and intent.
The purpose of access management is to manage existing and proposed accesses adjacent
to land uses on County roads to ensure that safety, capacity, and function are preserved and a
reduction in conflict points occurs. This Article XIV describes the minimum requirements for the
design, construction and maintenance of accesses onto Weld County rights -of -way and requires
the issuance of an access permit prior to construction.
Sec. 8-14-30. Regulation of access onto County roadways.
A. Access to a Single Parcel. Each parcel shall be limited one access point for safe ingress
and egress, which may be an existing or new shared access, except if allowed pursuant to
Subsection E., below.
B. Access Permit Required. Any person constructing a new access onto a County right-of-way,
or reconstructing, paving, altering, enlarging or changing the use of any existing access onto
a County right-of-way, must first be issued an Access Permit by the Department of Public
Works. No such work shall commence prior to the issuance of an Access Permit.
C. Issuance of Access Permit. Access Permits shall be issued only in compliance with the rules
and regulations set forth in this Article XIV. In no event shall an access be allowed, or
permitted, if it is detrimental to the public health, welfare, and safety.
D. Emergency Access Allowed. Police, fire, ambulance and other emergency providers may
have direct access to County roadways if no other access is permitted.
E. Additional Access. Additional accesses to a parcel may be allowed if they comply with the
spacing criteria for that road. If a new access is requested that does not meet the spacing
criteria to a legal parcel where an existing access already exists, the additional access shall
not be approved unless the denial of the new access creates undue hardship on the property
owner, as determined by the Department of Public Works. Whenever multiple accesses to
a single legal parcel exist, and additional accesses are requested, one (1) or more existing
accesses must be removed, minimizing new accesses and utilizing existing accesses.
F. Access Permit a Condition of Building Permit. When a new access is to be constructed in
conjunction with the construction of a new principal structure, the issuance of an access permit
shall be a condition for obtaining a building permit for such construction. The property owner
will be asked to apply for a new access permit for any existing access location never previously
permitted.
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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 1 reflects the minimum access spacing criteria
for county roadways and intersections.
Table 1 — Minimum Access Spacing Criteria (Feet)
Access Element Arterial Collector Local
Distance between intersections
Signalized 2,640 N/A N/A
Unsignalized 1,320 1,320 330
Distance between accesses and intersections 660 660 330
Distance between access points 660 330 150
Distance between access points in subdivisions 660 330 75
Sec. 8-14-40. Access Permit application process.
A. Submittal Requirements; Complete Application. An application for an access permit shall be
considered complete if it is submitted on the required form, includes all mandatory information,
including all supporting materials and is accompanied by the applicable fee. The application
must be signed by the property owner or, if applicable, an authorized agent. Written
authorization to act on the property owner's behalf may be accepted if the access application
is not signed by the property owner. If an application is determined to be incomplete, the
Department of Public Works shall provide written notice to the applicant, along with an
explanation of the application's deficiencies. No further processing of the application shall
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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. 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.
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 should not interfere with traffic on County
roadways. If interference with traffic is necessary, a traffic control plan shall be submitted to,
and approved by, the Department of Public Works as part of the permit application. All traffic
control shall conform to the most current version of the Manual on Uniform Traffic Control
Devices standards, which is available for review on the Federal Highway Administration
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website. All regulatory signs require approval of the Board of County Commissioners. If
applicable, the permit holder shall be required to install all necessary signage and shall bear
all expenses for the fabrication and installation of road name signs, permanent barricades,
and signs required as part of a development project (e.g., one way, no parking, no outlet, stop
sign, speed limit, etc.).
C. Drainage Interference. A permit holder shall not obstruct the natural free and clear passage
of water along the roadside ditch flow lines or other waterways. If surface drainage is to be
affected, the permit holder is responsible for the proper disposition of the runoff in accordance
with Section 8-11-40 of the Chapter.
D. Tracking control. Permanent vehicle tracking controls provide stabilized site access where
vehicles exit a location onto a paved road. Vehicles are required to perform a complete
revolution of all tires prior to entering a County -maintained roadway. Effective vehicle
tracking control helps remove sediment (mud or dirt) from vehicles. Commercial, industrial
or high traffic volume accesses shall provide permanent tracking control devices, which
include, but are not limited to, double cattle guards or a paved (asphalt/concrete) tracking pad
extending three hundred (300) feet into the site to mitigate impacts to the paved road,
including damages and/or offsite tracking of mud or other materials. Requests for temporary
tracking control techniques must be approved by the Department of Public Works prior to
installation. Temporary tracking control shall be used during construction unless permanent
tracking control is installed ahead of construction activities; such devices include, but are not
limited to, crushed natural aggregate (recycled crushed concrete or asphalt shall not be used
for any vehicle tracking pads) along with a geotextile fabric or pre -fabricated vehicle tracking
pads with approved dimensions. Use -by -right permitted agricultural accesses are exempt
from tracking control requirements. Tracking control is required for construction of accesses
to prevent tracking from the site onto paved public roadways. The permit holder may be held
financially responsible for damage to the roadway resulting from inadequate tracking control.
All tracking control devices and designs must be in accordance with the Weld County
Engineering and Construction Criteria, Appendix 8-Q.
E. Access Construction, Restoration and Clean-up. The permit holder is responsible for
installation of the correct culvert size(s), materials, and the cost of installation for new access
culverts whenever the installation of a culvert is made necessary by the creation of a new
access from private property to a county roadway. Accesses should be constructed in a
manner that minimizes erosion and does not result in disposition of silt and debris upon the
county roadway or roadside ditches. Accesses which slope down toward the County road
will be constructed to assure that water does not run onto or across the traveled public way.
This may include designing the crown, borrow ditches, pans, or other elements so that they
direct water to the existing drainage facilities along the road. The permit holder shall assume
all responsibility for removing all debris associated with the access construction activities and
restoring the County roadway to pre-existing conditions. The access permit allows
construction of the access without the need for obtaining a separate right-of-way permit
pursuant to this Chapter. Installation of commercial/industrial access(es) may require a
traffic control plan to be approved with the access permit. the permit holder, upon notification
from the Department of Public Works, shall correct any items not consistent with the approved
access permit within fourteen (14) days. If the permit holder fails to restore the right-of-way
in the manner and to the condition required by the Department of Public Works, the County
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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 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 of this Article or as outlined in the Weld County Engineering
and Construction Criteria, Appendix 8-Q. Requests will be reviewed and acted upon by the
Public Works Director or designee to ensure they will adequately protect the public health, safety,
and welfare. Public Works will respond with an approval or denial in writing within thirty (30)
days of receipt of the variance request.
Sec. 8-14-70. Appeal of denial of access permit.
If an access permit is denied by the Department of Public Works, or the applicant objects to
any of the terms or conditions of a permit thereby placed by the Department, the applicant has
the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the
appeal procedures set forth in Section 2-4-10 of this Code.
Sec. 8-14-80. Enforcement.
A. Violations and Penalties. The County, through the Department of Public Works or other
departments so authorized, may enforce this Article XIV through methods included in this
Section, or through other methods adopted by the Board of County Commissioners.
B. Criminal Penalties.
1. It is unlawful to construct a new access onto a County road, or reconstruct, pave, alter,
enlarge or change the use of any existing access onto a County -maintained road unless
an access permit is first issued. Any person, firm or corporation violating any provision
of this Article XIV is guilty of a Class 2 petty offense, which, upon conviction thereof, shall
be punishable by a fine of three hundred dollars ($300.00) or by imprisonment in the
County jail for not more than ten (10) days, or by both such fine and imprisonment, for
each separate violation. Each day during which such work on an illegal access continues
shall be deemed a separate offense.
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2. Whenever the Department of Public Works, through one (1) of its employees, has personal
knowledge of any violation of this Article XIV, it shall give written notice to the violator to
correct such violation within sixty (60) days after the date of such notice. Should the
violator fail to correct the violation within such sixty (60) day period, the Department of
Public Works may request that the Sheriffs Office issue a summons and complaint to the
violator, stating the nature of the violation with sufficient particularity to give notice of said
charge to the violator. The summons and complaint shall require that the violator appear
in court at a definite time and place stated therein to answer and defend the charge. One
(1) copy of said summons and complaint shall be served upon the violator by the Sheriffs
Office in the manner provided by law for the service of a criminal summons. One (1)
copy each shall be retained by the Sheriffs Office and Department of Public Works and
one (1) copy shall be transmitted to the Clerk of the Court. The County may install
barriers across or remove any access not conforming to this Article XIV during the
pendency of the enforcement action.
3. It is the responsibility of the County Attorney to enforce the provisions of this Section. In
the event the Board of County Commissioners deems it appropriate, the Board of County
Commissioners may appoint the District Attorney to perform such enforcement duties in
lieu of the County Attorney.
4. Any arresting law enforcement officer shall follow the penalty assessment procedure
provided in Section 16-2-201, C.R.S., for any violation of this Article XIV.
C. Revocation of Access Permit. Should the applicant or any subsequent property owner fail to
abide by the terms of any associated improvements agreement, the Board of County
Commissioners may revoke the access permit. Such revocation may subject the applicant
or any subsequent property owner to the penalties outlined in this chapter, or any other
enforcement mechanism provided by law.
D. Equitable Relief in Civil Action. In the case of any violation of this Article XIV, the County
Attorney, in addition to the other remedies provided by law, ordinance or resolution, may
institute an injunction, mandamus, abatement or other appropriate action or proceeding to
prevent, enjoin, abate or remove such violation.
E. Civil Penalties. In addition to any of the penalties set forth above, any person, firm or
corporation violating any such regulation, provision or amendment thereof or any provision of
this Article XIV may be subject to the imposition, by order of the Weld County Court, of a civil
penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than five
hundred dollars ($500.00). It is within the discretion of the County Attorney to determine
whether to pursue the civil penalties set forth in this Article XIV, the remedies set forth above,
or both. Each day after the issuance of the order of the Weld County Court, during which
such unlawful activity continues, shall be deemed a separate violation and shall, in
accordance with the subsequent provisions of this Section, be the subject of a continuing
penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event shall
civil penalties, imposed pursuant to this Subsection, constitute a lien against the real property.
F. Inspections. The Department of Public Works or other County departments may conduct an
inspection of each access that is the subject of the access permit to ensure full compliance
with all provisions of this Article XIV and the terms of the permit.
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G. Failure to Comply with Requirements of Issued Access Permit. Failure of the permit holder
to comply with any of the terms and conditions of an issued access permit shall be sufficient
cause for cancellation of the permit and may result in the removal of the access and its
appurtenances by the County at the permit holder's expense.
H. Access Permit Issued Erroneously or Upon Incorrect Information. Any access permit which
has been issued in error or on the basis of incorrect information supplied by the permit holder,
shall be considered void. In the event an access permit is void, no refund of permit fees shall
be made unless the access permit was issued in error by the Department of Public Works.
I. Notice Regarding Illegal Access. An "illegal access" is considered to be any access not
permitted. Existing accesses constructed prior to 2010 should obtain an access permit at no
charge. For an illegal access, the property owner shall be sent written notice of any illegal
access location or use. The owner shall be given sixty (60) days notification of pending
actions, after which the County may install barriers across, or remove, any access not
conforming to this Article XIV. Any access, driveway or curb -cut being constructed within
County right-of-way without an approved access permit shall be required to stop work
immediately and apply for an access permit. If the permit is approved, work may continue
subject to the conditions of the permit. If the permit is denied, any work that has been
completed must be removed and the road and drainage facilities returned to pre-existing
conditions acceptable to the Department of Public Works, upon completion of any appeal or
the time for appeal pursuant to the provisions of Section 8-14-70, above.
Sec. 8-14-90. County authority.
Notwithstanding the issuance of any access permit or the construction of any access, Weld
County reserves the right to make any changes, additions, repairs, conditions, and relocation or
closure of any part of an access within the County right-of-way at any time, including, but not
limited to, in connection with the relocation, reconstruction, widening and maintaining of the road
or right-of-way, without compensating the owner of the access for the damages to or destruction
of the access.
Sec. 8-14-100. Access Control Plans (ACP's), and additional techniques and requirements
for access on County roads.
A. Access Control Plans. The purpose of an Access Control Plan (ACP) is to maintain and
enhance the safety and mobility of a corridor while also providing reasonable access to
adjoining properties. Each intersecting driveway and street are an access point that
increases the potential for conflicts between through -traffic and traffic using the access.
Access management is important for protecting the public health, safety, and welfare by
enhancing the safety, mobility, and reliability of the transportation system. An ACP
establishes and documents standards and policies for developing a roadway corridor through
cooperation among the stakeholder local governments and agencies in the vicinity. ACP's
are typically developed by one or more local governments and/or agencies or, in some cases,
prepared on their behalf by a consultant. Local governments and agencies agree to adhere
to the standards and policies of the ACP and the ACP places responsibilities on owners and/or
lessees of property along the corridor. Weld County recognizes that property owners have
a right of reasonable access to the County road system. However, within an environment
where development promotes population and employment growth, impacts to the roadway
network are inevitable. Increasing traffic volumes will affect mobility by raising travel times
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and delays in the system, increase safety concerns due to a greater potential for crashes at
intersections and access points along the road, and impact travel reliability due to higher
numbers of incidents and accidents. Roadway improvements, such as widenings may
address many of the roadway capacity and travel delay issues associated with land
development. Traffic signal and roundabout installations can improve safety and mobility at
intersections. Access management along a corridor will likewise have positive impacts on
safety and mobility by reducing potential conflicts and delays in the travel stream. As
development occurs and roadway improvements are made along a corridor, access
management techniques are applied to decrease the number of access locations if possible
and reduce the impact to mobility through design standards and mitigation improvements such
as auxiliary/turning lanes. On corridors with an adopted ACP in effect, recommendations for
each existing and future access location and policies that guide future access management
efforts will be enforced.
B. Access Operational Movements. When a safety concern is present at an existing or
proposed access, Weld County may restrict or modify the type of access operation to ensure
traffic safety movement at the access.
1. Full Movement Access. All potential movements for the access are allowed.
2. Three -Quarter Access. All movements allowed except a left turn out of the access.
3. Right-in/Right-out Access. Only right turn in and right turn out movements are allowed.
C. Access Control Techniques. A reduction in accesses onto a County road will improve traffic
flow, operations, and safety of the traveling public. To reduce the number of existing access
points, applicants may be required to implement the following access control techniques to
reduce conflicts while maintaining adequate access to adjacent land uses.
1. Elimination. Applicants may be required to eliminate accesses identified as unsafe
locations, where there are more than two existing accesses for a parcel, or do not meet
spacing requirements identified in the Weld County Engineering and Construction
Criteria document.
2. Relocation. Applicants may be required to move or relocate existing accesses to a new
location to either align with other existing accesses or to meet spacing requirements.
3. Consolidation. Applicants may be required to consolidate multiple accesses into a single
access or coordinate with neighboring property owners to consolidate existing accesses
into shared accesses, whenever feasible.
4. Movement Conversion. Applicants may be required to convert their access movement
through medians treatments to eliminate some or all turning movements in order to
reduce the number of conflicts between left turning vehicles and through vehicles on the
roadway.
D. Access Types. Access type refers to the land use on the adjoining property that the access
serves. An approved access permit helps establish the access use and existing level of
intensity to the property. The following access types are the most common in Weld County:
1 Agriculture/Field/Ditch Access. Support farm and ranch operations with a low trip
generation generally used during planting and harvesting seasons.
2. Residential Access. Driveways to residences and are considered a low trip generation
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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 utilize the
same access.
5. Future Access. These locations may have been previously approved but has yet to be
constructed or may be an existing parcel that cannot obtain access to a side road and
would otherwise be considered landlocked but fall into the requirement of being afforded
one access per parcel.
6. Temporary Access. Road access which will be closed after being used for a limited time
may be considered a temporary road access. A temporary access permit may be
granted by the Department only if the temporary access meets minimum County traffic
safety and operational requirements, including sight distance and is not intended to
exceed eighteen (18) months.
E. Auxiliary Turn Lanes. Auxiliary lanes maintain the safety, traffic flow, and operation of a
roadway or access. Auxiliary lanes are required when unique location factors exist such as
roadway speed and traffic density, access volume, the volume of commercial trucks, the
influence of nearby accesses, existing auxiliary lanes close to the proposed access, nearby
traffic control devices, available stopping sight distance, and other topographic or roadway
design factors. When applicable, the access permit holder is responsible for design,
installation, any right-of-way acquisition needed to accommodate the required lane width.
Required auxiliary turn lanes must be installed according to the following traffic triggers:
1. A left deceleration lane with storage length plus taper length is required for any access
with a projected peak hour left ingress turning volume greater than ten (10) vehicles per
hour (vph). The design elements for a left turn lane are the taper length, lane length, and
storage length —which in combination make up the left turn lane.
2. A right deceleration lane with storage length plus taper length is required for any access
with a projected peak hour right ingress turning volume greater than twenty-five (25) vph.
The design elements for right turn and deceleration lanes are the approach taper, lane
length, and storage length —which in combination make up the right turn lane.
3. A right turn acceleration lane with taper is required for any access with a projected peak
hour right turning volume greater than fifty (50) vph and a single through lane in the
direction of the right turn. The design elements for a right acceleration lane are the
transition taper and acceleration length.
4. A left turn acceleration lane with transition taper may be required if it would benefit the
safety and operation of the roadway. A left turn acceleration lane is generally not required
when the acceleration lane would interfere with the left turn ingress movements to any
other access. Further auxiliary lane design criteria can be found in the Weld County
Engineering and Construction Guidelines.
F. Closure or Elimination of access. When an access is closed, abandoned or eliminated the
permit holder shall assume all responsibility for any activities related to the closure/elimination
and reclamation of access points stipulated to be removed. In the event the issuance of an
access permit requires an existing access point to be "closed and reclaimed" it shall be
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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.
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Carly Kopp's, Clerk and Recorder, Weld County, CO
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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: �ei
Weld C►. ,ty Clerk to the B
BY:
Deputy Clerk t• the
un orney
Date of signature:
7/9,&//?
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Scott K. James
Steve Moreno
PAGE 17
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Publication:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
June 7, 2019
June 10, 2019
June 14, 2019, in the Greeley Tribune
July 1,2019
July 10, 2019, in the Greeley Tribune
July 22, 2019
July 31, 2019, in the Greeley Tribune
August 5, 2019
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APPENDIX 8-P - RIGHT-OF-WAY USE PERMIT
The intent of the Right -of -Way Use Permit is to regulate and permit the use of Weld County's public right-of-way by private
companies, municipalities and/or special districts 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 for lines of "public utilities" that are
defined in CRS 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates
of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water
districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; for fresh water
above -ground transfer pipelines; for lines in non -maintained right-of-way if approved by Weld County based upon locational
factors, such as, surrounding population density, topography, or if the right-of-way provides access to a recorded exemption lot,
and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve
the right-of-way; or if authorized 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 8-13-110. Public right-of-way subject to regulation by the Right -of -Way Use
Permit includes Weld County's maintained and non -maintained, and all public drainage easements. A Right -of -Way Use Permit
grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation,
surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon
completion of the Project. The Permit is issued solely for the Permittee's and its Contractor's construction of the Project. Permittee
is prohibited from changing the use of the Project in any way without first obtaining a new permit.
SUBMITTAL REQUIREMENTS
1. Complete application. 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
Ig ati a scale of 1:100 or as determined by the Department of Public Works.
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.7,13 Traffic Control Plan. 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.
Mr (9s (a) Flaggers shall be required at any locations where there is encroachment into a travelling lane.
a3p (b) Full road closure requests must be prepared by and signed by a Traffic Control Supervisor (TCS).
W6v 70ioa (c) Full road closures exceeding three (3) days shall require approval of the Board of County Commissioners.
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irft? 0 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
am°D 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 Board of County
Commissioners of Weld County, Colorado, its officers, and employees must be named as an "Additional Named Insureds"
Nrz 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
5. 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 of this Permit is conditioned upon Permittee's and its Contractor's compliance with the General Provisions,
Construction Provisions, Pipeline Provisions (if applicable), and General Matters set forth below. By accepting this Permit,
Permittee and its Contractor agree to comply with the terms and conditions set forth herein.
GENERAL PROVISIONS
1. Permit Required.
(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.
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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.
Additional 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.
Determination of Placement. Weld County reserves the right to determine the specific placement of the Project within its
right-of-way.
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.
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 pertaining 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.
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
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.
Parallel Installations. Parallel installations within the untraveled portion of Weld County right-of-way may be performed by
bore, trenching, plowing, drilling or excavation.
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.
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.
5. 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 'A 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.
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.
8 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).
o�-
c.)
m3'. -so Compaction Requirements.
aoes, •=at
•3
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`~ •: (a) All compaction of backfills and road surfaces shall be compacted in accordance with the most current versions of the
o a P
NIA- Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction and Field
a!g Materials Manual.
� aw (b) All backfills located within an existing asphalt surface or under the asphalt not currently in place but will be as part of a
m.
al new road construction, must be compacted using flow -fill cement in the upper three feet (3') of backfill.
dea
d"•m (c) If any wet or non-compactable materials are produced from excavations, they shall be completely removed from the
m"at right-of-way and replaced with compactable materials. the right-of-way shall then be returned to the original grades and
m • cross sections. Weld County Department of Public Works shall have the authority to determine what materials shall be
Q�
19NY discarded and what materials shall be acceptable as replacement.
>'mmi
(d) On gravel roads where excavation materials are stacked on the road surface, road base of %-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.
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Carly Kappa., Clark and Raoordar, Weld County, Co
II
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.
2. 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 -Ground Transfer Pipelines.
(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.
:rossing methods for temporary fresh water above -ground transfer pipelines:
o
v
,;g 1) Plate/Manifold:
; � a. Applicable for untreated gravel roadways for a transfer duration of 10 days or less.
0- b. Must be covered with Class 6 road base with a minimum of 15 -foot road base tapers on each side. All forms of
m:12. traffic must be able to safely cross the plate/manifold.
Nm3 c. Traffic control signs required including a speed reduction to 15 mph for the duration of the transfer.
o•�L� d. Permittee is required to maintain the crossing which includes 24 -hour snow removal in winter.
.4. LL °o
Nizi 2) Culvert Sleeve:
ie� a a. Applicable for longer term transfers crossing untreated gravel roadways only.
let2 b. Maximum culvert size is 15" outside diameter unless approved by the Weld County Department of Public Works.
n_.:1 off, c. Minimum of 18" of Class 6 road base cover on culvert.
m" a- d. Compaction tests of road base is required after culvert is removed if flowable fill is not used for final restoration
m : a of the roadway.
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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.
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.
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.
4. 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.
5. 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.
6. 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.
8. 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 Waiver 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.
Permittee Signature: Printed name: Date:
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Carly Kopp.s, Clerk and Reoordsr, Weld County, CO
iii I IICIPAN III II
APPENDIX 8-Q. - Weld County Engineering and Construction Criteria
8Q.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 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
practices within the county, and to establish a standard process for preparing and presenting
a TIS.
8Q.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.
8Q.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.
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.
1
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Carly Koppss, Clerk and Recorder, Weld County, CO
1Ft�AIMO: 1i4 "Ill
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-Q.
8Q.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 8Q-1, the applicant shall prepare the appropriate
documentation identified in Table 8Q-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 8Q -1 —Updating an Existing TIS
Updating an Existing TIS
Changes to the Original Development
Original Access changed, or trip Access did not change, and trip increased by 15%
Report is: generation Increased by 15%
<2 years Amendment letter: identify and Letter documenting change (No other traffic
old discuss only items that requirements)
changed
>2 years Amendment letter: provide new traffic counts, new
old New study trip generation, new LOS analysis, meet all TIS
requirements
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Carly Koppea, Clerk and Reoorder, Weld County, CO
VIII1 POInP���h I I14�h�4�L �rIY 1IIII
2
WELD COUNTY
CODE ORDINANCE 2019-09
ationic-reC cif
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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 IS -DS -OW -TS, may still be required.
1. and 2. — No change.
PAGE 1
2019-3245
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, pa g4 ;; s-i aaoin-are and ra--dread- eds are -e -em -from Grading- ermit
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 Canes -1 -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
SectionArticle.
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): or the purposea
.rti-&e; 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.
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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 (ROVV): 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
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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.
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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
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construction activities in the County rights -of -way and all non -permanent control measures. If,
upon inspection, the Department of Public Works determines that there is risk of erosional
damage, or sediment discharges or debris has not been removed from the County rights -of -
way, the Department of Public Works shall notify the Permit Holder of the violation of the
Grading Permit conditions. The Permit Holder, upon notification from the Department of Public
Works, shall correct all work to the extent necessary. The work shall be completed within the
time period specified in the notice from the Department of Public Works. If the Permit Holder
fails to establish site stability or restore the rights -of -way in the manner and to the condition
required, the Department of Public Works may have the County perform the restorations. In
that event, the Permit Holder shall pay to the County, within thirty (30) days of billing, the cost
of restoring the County rights -of -way.
Remainder of Section — No change.
Amend Sec. 8-12-90. Inspections.
A. Inspections during the construction period may be made by the Department of Public Works
to ensure that work is progressing in compliance with the Grading Permit. It shall be the
responsibility of the Permit Holder to provide safe access to the work site for the Department
of Public Works and to all others, as authorized by law, for inspection at all reasonable times
during the execution and upon completion of the work. At the time of inspection, the
Department of Public Works may order the immediate termination of any work which poses,
or is causing, a serious threat to the life, health, safety or well-being of the public.
B. — No change.
C. The Department of Public Works may make, or require, other inspections or testing of any
work as deemed necessary to ascertain compliance with the provisions of this Article. Any
work performed without the required inspections shall be subject to removal and replacement
at the Permit Holder's expense, regardless of the quality of the work. Any inspection hours
required outside of the normal working hours will be paid by the Permit Holder. Certain types
of work may have continuous inspection and, when large-scale projects exceed the ability of
the Department of Public Works to provide inspection, the Permit Holder will incur the cost of
a private inspection firm. This third -party inspector will be appointed by the Department of
Public Works prior to issuance of the Grading Permit.
Amend Sec. 8-12-100. Administrative fee.
All required fees shall be paid, in full, at the time of the Grading Permit application. The fee
schedule for Grading Permits shall be as determined by resolution of the Board of County
Commissioners and shall be shown on the Grading Permit.
Amend Sec. 8-12-120. Failure to comply with terms of Grading Permit.
A. — No change.
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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.
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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
u se case" may include, but is not limited to, applications seeking approval for use of a property
u nder 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 11 — Minimum Access Spacing Criteria (Feet)
Access Element
Arterial Collector Local
Distance between intersections
S ignalized 2,640
U nsignalized
1,320
Distance between accesses and intersections
Distance between access points
660
N/A
1,320
660
N/A
330
330
660
Distance between access points in subdivisions
660
330 X150
330 —1175
G
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
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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 whew wor ng on r pe- —a ess. 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-O.
Sec. 8-14-50. Permit holder's general responsibilities.
A permit holder is responsible to comply with the general provisions of this Code, including
temporary accesses permits issued for the following items: Additional requirements and more
detailed information are shown in the special provisions of the access permit.
A. Utility Locates. The permit holder shall be responsible for contacting the Utility Notification
Center of Colorado (811) for utility locates at least seventy-two (72) hours in advance of the
access construction, if excavation is required.
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B. Traffic Control. Access construction activities shaishould not interfere with traffic on County
roadways. If interference with traffic is requir-ednecessary, 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 ,nd shall bear all expenses for the fabrication and installation of road name signs,
permanent barricades, ;nd 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 publicpaved road,
including damages and/or offsite tracking of mud or other materials. Requests for temporary
tracking control techniques must be approved by the Department of Public Works prior to
installation. Temporary tracking control shall be used during construction unless permanent
tracking control is installed ahead of construction activities; such devices include, but are not
limited to, crushed natur,I aggregate (recycled crushed concrete or asphalt shall not be used
for any vehicle tracking pads) along with a geotextile fabric or pre -fabricated vehicle tracking
pads with approved dimensions. Use -by -right permitted agricultural accesses are exempt
from tracking control requirements. - Tracking control is required for construction of accesses
to prevent tracking from the site onto paved public roadways. The permit holder may be held
financially responsible for damage to the roadway resulting from inadequate tracking control.
All tracking control devices and designs must be in accordance with the Weld County
Engineering and Construction Criteria, Appendix 8-Q.
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 r+,adway or roadside ditches. Accesses which slope down toward the County road
will be constructed to assure that water does not run onto or across the traveled public way.
This may include designing the crown, borrow ditches, pans, or other elements so that they
direct water to the existing drainage facilities along the road. The permit holder shall assume
all responsibility for removing all debris associated with the access construction activities and
restoring the County roadway to pre-existing conditions. The access permit allows
construction of the access without the need for obtaining a separate right-of-way permit
pursuant to this Chapter. Installation of commercial/industrial access(es) may require a
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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 viithin fourteen (14) days. If the permit holder fails trestore 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 :•abject. in
evaluating the overall performance of 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.
S ec. 8=14=60o Variance from specific access permOt requoremeM s0
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 fir variances may be submitted in a written letter to Public Works ;ddressing
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
P ublic Works Director or designee to ensure they will adequately protect the public health, safety,
nd welfare. Public Works will respond with an approval or denial in writing within thirty (30) days
of receipt of the variance request.
S ec. 8-14-70. Appeal of denial of access permit.
sJ
If an access permit is denied by the ['Department of Public Works, or the applicant objects to
any f the terms or conditions of a permit thereby placed by the Department, the applicant has
the right to appeal the decisin to the Board of County Commissioners, in writing, utilizing the
appeal procedures set forth in Section 2-4-10 of this Code.
Sec.: -14-80. Enforcement.
A. Violations and Penalties. The County, through the Department of Public Works or other
departments so authorized, may enforce this Article XIV through methods included in this
Section, or through other methods adopted by the Board of County Commissioners.
B. Criminal Penalties.
1. It is unlawful to construct a new access onto a County road, or reconstruct, pave, alter,
enlarge or change the use of any existing access onto a County -maintained road unless
an access permit is first issued. Any person, firm or cirporation violating any provision
of this Article XIV is guilty of a Class 2 petty offense, which, upon conviction thereof, shall
FAG
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be punishable by a fine of three hundred dollars ($300.00) or by imprisonment in the
County jail for not more than ten (10) days, or by both such fine and imprisonment, for
each separate violation. Each day during which such work on an illegal access continues
shall be deemed a separate offense.
2. Whenever the Department of Public Works, through one (1) of its employees, has personal
knowledge of any violation of this Article XIV, it shall give written notice to the violator to
correct such violation within sixty (60) days after the date of such notice. Should the
violator fail to correct the violation within such sixty (60) day period, the Department of
Public Works may request that the Sheriffs Office issue a summons and complaint to the
violator, stating the nature of the violation with sufficient particularity to give notice of said
charge to the violator. The summons and complaint shall require that the violator appear
in court at a definite time and place stated therein to answer and defend the charge. One
(1) copy of said summons and complaint shall be served upon the violator by the Sheriffs
Office in the manner provided by law for the service of a criminal summons. One (1) copy
each shall be retained by the Sheriffs Office and Department of Public Works and one (1)
copy shall be transmitted to the Clerk of the Court. The County may install barriers across
or remove any access not conforming to this Article XIV during the pendency of the
enforcement action.
3. It is the responsibility of the County Attorney to enforce the provisions of this Section. In
the event the Board of County Commissioners deems it appropriate, the Board of County
Commissioners may appoint the District Attorney to perform such enforcement duties in
lieu of the County Attorney.
4. Any arresting law enforcement officer shall follow the penalty assessment procedure
provided in Section 16-2-201, C.R.S., for any violation of this Article XIV.
C. Revocation of Access Permit. Should the applicant or any subsequent property owner fail to
abide by the terms of any associated improvements agreement, the Board of County
Commissioners may revoke the access permit. Such revocation may subject the applicant
or any subsequent property owner to the penalties outlined in this chapter, or any other
enforcement mechanism provided by law.
D. Equitable Relief in Civil Action. In the case of any violation of this Article XIV, the County
Attorney, in addition to the other remedies provided by law, ordinance or resolution, may
institute an injunction, mandamus, abatement or other appropriate action or proceeding to
prevent, enjoin, abate or remove such violation.
E. Civil Penalties. In addition to any of the penalties set forth above, any person, firm or
corporation violating any such regulation, provision or amendment thereof or any provision of
this Article XIV may be subject to the imposition, by order of the Weld County Court, of a civil
penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than five
hundred dollars ($500.00). It is within the discretion of the County Attorney to determine
whether to pursue the civil penalties set forth in this Article XIV, the remedies set forth above,
or both. Each day after the issuance of the order of the Weld County Court, during which
such unlawful activity continues, shall be deemed a separate violation and shall, in
accordance with the subsequent provisions of this Section, be the subject of a continuing
penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event shall
civil penalties, imposed pursuant to this Subsection, constitute a lien against the real property.
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F. Inspections. The Department of Public Works or other County departments may conduct an
inspection of each access that is the subject of the access permit to ensure full compliance
with all provisions of this Article XIV and the terms of the permit.
G. Failure to Comply with Requirements of Issued Access Permit. Failure of the permit holder
to comply with any of the terms and conditions of an issued access permit shall be sufficient
cause for cancellation of the permit and may result in the removal of the access and its
appurtenances by the County at the permit holder's expense.
H. Access Permit Issued Erroneously or Upon Incorrect Information. Any access permit which
has been issued in error or on the basis of incorrect information supplied by the permit holder,
shall be considered void. In the event an access permit is void, no refund of permit fees shall
be made unless the access permit was issued in error by the Department of Public Works.
I. Notice Regarding Illegal Access. An "illegal access" is considered to be any access not
permitted. Existing accesses constructed prior to 2010 should obtain an access permit at no
charge. For an illegal access, the property owner shall be sent written notice of any illegal
access location or use. The owner shall be given sixty (60) days notification of pending
actions, after which the County may install barriers across, or remove, any access not
conforming to this Article XIV. Any access, driveway or curb -cut being constructed within
County right-of-way without an approved access permit shall be required to stop work
immediately and apply for an access permit. If the permit is approved, work may continue
subject to the conditions of the permit. If the permit is denied, any work that has been
completed must be removed and the road and drainage facilities returned to pre-existing
conditions acceptable to the Department of Public Works, upon completion of any appeal or
the time for appeal pursuant to the provisions of Section 8-14-70, above.
Sec. 8-14-90. County authority.
Notwithstanding the issuance of any access permit or the construction of any access, Weld
County reserves the right to make any changes, additions, repairs, conditions, and relocation or
closure of any part of an access within the County right-of-way at any time, including, but not
limited to, in connection with the relocation, reconstruction, widening and maintaining of the road
or right-of-way, without compensating the owner of the access for the damages to or destruction
of the access.
Sec. 8-14-100. Access Control Plans (ACP's), and additional techniques and requirements
for access on County roads.
A. Access Control Plans. The purpose of an Access Control Plan (ACP) is to maintain and
enhance the safety and mobility of a corridor while also providing reasonable access to
adjoining properties. Each intersecting driveway and street are an access point that
increases the potential for conflicts between through -traffic and traffic using the access.
Access management is important for protecting the public health, safety, and welfare by
enhancing the safety, mobility, and reliability of the transportation system. An ACP
establishes and documents standards and policies for developing a roadway corridor through
cooperation among the stakeholder local governments and agencies in the vicinity. ACP's
are typically developed by one or more local governments and/or agencies or, in some cases,
prepared on their behalf by a consultant. Local governments and agencies agree to adhere
to the standards and policies of the ACP and the ACP places responsibilities on owners and/or
lessees of property along the corridor. Weld County recognizes that property owners have a
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right of reasonable access to the County road system. However, within an environment
where development promotes population and employment growth, impacts to the roadway
network are inevitable. Increasing traffic volumes will affect mobility by raising travel times
and delays in the system, increase safety concerns due to a greater potential for crashes at
intersections and access points along the road, and impact travel reliability due to higher
numbers of incidents and accidents. Roadway improvements, such as widenings may
address many of the roadway capacity and travel delay issues associated with land
development. Traffic signal and roundabout installations can improve safety and mobility at
intersections. Access management along a corridor will likewise have positive impacts on
safety and mobility by reducing potential conflicts and delays in the travel stream. As
development occurs and roadway improvements are made along a corridor, access
management techniques are applied to decrease the number of access locations if possible
and reduce the impact to mobility through design standards and mitigation improvements such
as auxiliary/turning lanes. On corridors with an adopted ACP in effect, recommendations for
each existing and future access location and policies that guide future access management
efforts will be enforced.
B. Access Operational Movements. When a safety concern is present at an existing or
proposed access, Weld County may restrict or modify the type of access operation to ensure
traffic safety movement at the access.
1. Full Movement Access. All potential movements for the access are allowed.
2. Three -Quarter Access. All movements allowed except a left turn out of the access.
3. Right-in/Right-out Access. Only right turn in and right turn out movements are allowed.
C. Access Control Techniques. A reduction in accesses onto a County road will improve traffic
flow, operations, and safety of the traveling public. To reduce the number of existing access
points, applicants may be required to implement the following access control techniques to
reduce conflicts while maintaining adequate access to adjacent land uses.
1. Elimination. Applicants may be required to eliminate accesses identified as unsafe
locations, where there are more than two existing accesses for a parcel, or do not meet
spacing requirements identified in the Weld County Engineering and Construction
Criteria document.
2. Relocation. Applicants may be required to move or relocate existing accesses to a new
location to either align with other existing accesses or to meet spacing requirements.
3. Consolidation. Applicants may be required to consolidate multiple accesses into a single
access or coordinate with neighboring property owners to consolidate existing accesses
into shared accesses, whenever feasible.
4. Movement Conversion. Applicants may be required to convert their access movement
through medians treatments to eliminate some or all turning movements in order to
reduce the number of conflicts between left turning vehicles and through vehicles on the
roadway.
D. Access Types. Access type refers to the land use on the adjoining property that the access
serves. An approved access permit helps establish the access use and existing level of
intensity to the property. The following access types are the most common in Weld County:
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1 griculture/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, scnoi,ls, oil and gas facilities and
re c•nsidered to have heavier vehicles (E _ SALs) and/or high trip generation.
4 Multiple Use Access. Shared accesses where two (2) or more pr -op -e iesaccess types
utilize the same access.
5. Future Access. 1( _ hese locati•rs may have been previously approvd but has yrt to be
constructed •r may be an existing parcel that cannot obtain access to a side road and
would otherwise be consithred I2ndlocked out fall into the requirrment of being afforded
one {ccess per parcel.
6. Temporary Access. Road access which will bo cl•sed after being used for a limited time
may be c•nsiderd a temprary road access. A temprary access permit may b
granted by the Department only if the temp•rary access meets minimum County traffic
safety and operational requirements, including sight distance and is not intended t�
exceed eighteen (18) months.
E. Auxiliary Turn Lanes. Auxiliary lanes maintain the safety, traffic flow, and operation of a
roadway or access. Auxiliary Vanes are required when urique Vocation factors exist such as
roadway speed and traffic density, access volume, the volume of commercial trucks, the
inf uence of nearby accesses, existing auxiliary Ian`s 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 teolder is responsible for d�-�sign,
installation, any right -•f -way acquisition needed to accommodate the required lane width.
Requiredauxiliary turn lanes must be installed acc• rding 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 thleft turn Zane.
2. A right deceleration Mine 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 Iane.
3. A right turn :acceleration lane with taper is Pequired for any access with a projected peak
hour right turning volume greater than fifty (50) vph and a single through lane in the
directi•,n of the right turn. The design elements for a. ri•;ht acceleration lane are the
transition taper and acceleration length.
4. A eft turn acceleration lane with transition taper may b , 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
Fngineering and Construction Guidelines.
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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.
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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 -Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Steve Moreno
Date of signature:
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Publication: June 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
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APPENDIX 8-P - RIGHT-OF-WAY USE PERMIT
The intent of the Right -of -Way Use Permit is to regulate and permit the use of Weld County's public right-of-way by private
companies, municipalities and/or special districts 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 for lines of "public utilities" that are
defined in CRS 40-1-103 and are "domestic or foreign electric light power, gas, or pipeline companies" holding current Certificates
of Public Convenience and Necessity issued by the Colorado Public Utilities Commission; for water lines of municipalities, water
districts, and water and sewer districts; for transmission lines or pipelines used solely for agricultural purposes; for fresh water
above -ground transfer pipelines; for lines in non -maintained right-of-way if approved by Weld County based upon locational
factors, such as, surrounding population density, topography, or if the right-of-way provides access to a recorded exemption lot,
and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality intends to improve
the right-of-way; or if authorized 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 8-13-110. Public right-of-way subject to regulation by the Right -of -Way Use
Permit includes Weld County's maintained and non -maintained, and all public drainage easements. A Right -of -Way Use Permit
grants the Permittee and its Contractors permission to occupy designated County right-of-way. The Permit authorizes excavation,
surveying, and/or construction of facilities within the County right-of-way and provides for their subsequent restoration upon
completion of the Project. The Permit is issued solely for the Permittee's and its Contractor's construction of the Project. Permittee
is prohibited from changing the use of the Project in any way without first obtaining a new permit.
SUBMITTAL REQUIREMENTS
1. Complete application. 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 Control Plan. 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 Board of County
Commissioners of Weld County, Colorado, its officers, and employees 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
5. 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 of this Permit is conditioned upon Permittee's and its Contractor's compliance with the General Provisions,
Construction Provisions, Pipeline Provisions (if applicable), and General Matters set forth below. By accepting this Permit,
Permittee and its Contractor agree to comply with the terms and conditions set forth herein.
GENERAL PROVISIONS
1, Permit Required.
(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. Additional 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.
5. 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 pertaining 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.
5. 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.
9. 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 (CDOT) 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 -compactible materials are produced from excavations, they shall be completely removed from the
right-of-way and replaced with compactible 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.
(d) On gravel roads where excavation materials are stacked on the road surface, road base of %-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.
2. 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 -Ground Transfer Pipelines.
(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/Manifold:
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.
4. 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.
5. 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.
6. 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.
8. 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 Waiver 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.
Permittee Signature:
Printed name: Date:
APPENDIX 8-Q. - Weld County Engineering and Construction Criteria
8Q.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 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
practices within the county, and to establish a standard process for preparing and presenting
a TIS.
8Q.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.
8Q.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.
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.
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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-Q.
8Q.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 8Q-1, the applicant shall prepare the appropriate
documentation identified in Table 8Q-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 8Q -1 —Updating an Existing TIS
Updating an Existing TIS
Changes to the Original Development
Original
Report is:
Access changed, or trip Access did not change, and trip increased by 15%
generation Increased by 15%
<2 years
old
>2 years
old
Amendment letter: identify and Letter documenting change (No other traffic
discuss only items that requirements)
changed
New study
Amendment letter: provide new traffic counts, new
trip generation, new LOS analysis, meet all TIS
requirements
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